Organization; Miscellaneous Rules

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BILLING CODE 6320-01-M FEDERAL TRADE COMMISSION 16 CFR Parts 0 and 4 Organization; Miscellaneous Rules a g e n c y : Federal Trade Commission. a c t io n : Change in delegation of authority.

SUMMARY: The Commission has reorganized the Office of the Secretary and the Office of the Executive Director. A Deputy Executive Director for Planning and Information will maintain the Commission’s public records and, among other things, assumes the delegated authority formerly granted by the Commission to the Secretary to respond to initial requests for records under the Freedom of Information and Privacy Acts. These rules implement the new organization.

DATE: Effective on January 31,1983. FOR FURTHER INFORMATION CONTACT: Barry R. Rubin, Assistant General Counsel, Federal Trade Commission, Washington, D.C. 20580, 202 523-3520. SUPPLEMENTARY INFORMATION: The Commission’s Office of the Executive Director has been reorganized to create a new Deputy Executive Director for Planning and Information. That person will assume responsibility for the Commission's data processing and information systems, library, and information analysis functions. The legal information and services divisions of the Office of the Secretary have been transferred to the Office of the Executive Director.

List of Subjects 16 CFR Part 0 Organization and functions (Government Agencies).

16 CFR Part 4 Administrative practice and procedure, Freedom of Information, Privacy.

Accordingly, the Commission amends 16 CFR Parts 0 and 4 as follows: 1.

Paragraphs (a) and (b) are revised and paragraph (c) is added to § 0.10 to read as follows:

§ 0.10 Office of the Executive Director. (a) The Executive Director, under the direction of the Chairman, is the chief operating official. He exercises executive and administrative supervision over all the offices, bureaus, arid staff of the Commission and resolves problems concerning priorities in case handling. Immediately under his direction are the Deputy Executive Directors for Management and Planning and Information.

(b) The Deputy Executive Director for Management functions as staff advisor to the Executive Director in all aspects of administrative management: provides administrative policy guidance to agency management and provides general supervision to the programs of procurement and contracts, personnel, budget and finance, and administrative service activities; initiates and develops long-range plans to assure that the Commission acquires and effectively utilizes the manpower, financial resources, physical facilities and management tools necessary to accomplish its mission; and is responsible for publication of all Commission actions which must appear in the Federal Register and publication of the Federal Trade Commission Decisions and the Court Decisions— Federal Trade Commission. (c) The Deputy Executive Director for Planning and Information provides general supervision to the programs of data processing and information systems, information analysis, and the library; responds to initial requests for Commission records under the Freedom of Information and Privacy Acts; maintains a current index of opinions, orders, statements of policy and interpretations, staff manuals and instructions that affect any member of the public, and other public records of the Commission; makes available for inspection and copying all public records of the Commission; and coordinates the Commission’s information processing systems. 2.16 CFR 0.12 is revised to read as follows:

§ 0.12 Office of the Secretary. The Secretary is responsible for the minutes of Commission meetings and is the legal custodian of the Commission’s seal, property, papers, and records, including legal and public records. The Secretary, or in his absence an Acting Secretary designated by the Commission, signs Commission orders and official correspondence. 3. Paragraphs (a)(l)(iv)(C) and (a)(2)(i)(A) of 16 CFR 4.11 are revised to read as follows:.

§ 4.11 Requests for disclosure of records. (a \ Freedom of Information Act requests—(1) Initial Requests.—* * * (iv) Initial determination.—* * * (C) Records to which access has been granted will be made available to the requester and will remain available for inspection and copying for a period not to exceed thirty days from date of notification to the requester unless the requester asks for and receives the consent of the Deputy Executive Director for Planning and Information to a longer period. Records assembled pursuant to a request will remain available only during this time period and thereafter will be refiled. Appropriate fees may again be imposed for any new or renewed request for the same records.

* * * * * (2) Appeals to the General Counsel from initial denials.—(i) Form and contents; time of receipt.—(A) If the Deputy Executive Director for Planning and Information denies an initial request for records in its entirety, the requester may, within 30 days of the date of the determination of the Deputy Executive Director for Planning and Information, Appeal such denial to the General Counsel. If the Deputy Executive Director for Planning and Information denies an initial request in part, the time for appeal shall not expire until 30 days after the date of the letter notifying the requester that all records to which access has been granted have been made available. The appeal shall be in writing and should include a copy of the initial request and a copy of the response of the Deputy Executive Director for Planning and Information, if any.

The appeal shall be addressed as follows:

Freedom of Information Act Appeal Office of the General Counsel Federal Trade Commission 6th Street and Pennsylvania Avenue, NW.

Washington, D.C. 20580 * * * * * §§ 4.8,4.11,4.13 [Amended] 4. In addition to the amendments set forth above, 16 CFR Part 4 is amended by removing the words "the Secretary” or “the Secretary of the Commission” and inserting, in their place, the words “the Deputy Executive Director for

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Federal Register / Vol, 48, No. 21 / Monday, January 31, 1983 / Rules and Regulations Planning and Information’Vin the following places:

A. 16 CFR 4.8(b) B. 16 CFR 4.8(c)(1) C. 16 CFR 4.11(a)(l)(i)(A) D. 16 CFR 4.11(a)(l)(i)(B) E. 16 CFR 4.11(a)(l)(i)(D) F. 16 CFR 4.11(a)(l)(i)(E) G. 16 CFR 4.11(a)(l)(iii)(A) H. 16 CFR 4.11(a)(l)(iii)(B) I.

16 CFR 4.11(a)(l)(iii)(C) J. 16 CFR 4.11(a)(l)(iv)(A) K. 16 CFR 4.11(a)(l)(iv)(6) L. 16 CFR 4.11(a)(2)(ii)(B) M. 16 CFR 4.13(c) N. 16 CFR 4.13(d) O . 16 CFR 4.13(e) P. 16 CFR 4.13(f) Q. 16 CFR 4.13(h) R. 16 CFR 4.13(i)(l) S. 16 CFR 4.13(i)(2)(i) T. 16 CFR 4.13(j) U. 16 CFR 4.13(k) (Sec. 6(g), 38 Stat. 721 (15 U.S.C. § 46(g)); 80 Stat. 383, as amended, 81 Stat. 54 (5 U.S.C. I 552).

By direction of the Commission dated September 16,1982.

Caro! M. Thomas, Secretary.

[FR Doc. 83-2525 Filed 1-28-83; 8:45 am]