83 FR 7109 - Delegation of Limited Authority

FEDERAL TRADE COMMISSION

Federal Register Volume 83, Issue 34 (February 20, 2018)

Page Range		7109-7110
FR Document		2018-03296

The Federal Trade Commission is publishing a rule that delegates certain limited functions where the Commission is unable to act because it lacks a quorum. The functions delegated are those in which no party or intervenor has a right to petition the agency for discretionary review or in which a party or intervenor has waived such a right. In matters in which at least one Commissioner determines to participate, the delegation is made to the participating Commissioner or to the body of Commissioners who are participating. In matters in which no Commissioner is participating, the General Counsel has authority to carry out the delegated functions. This delegation is not intended to alter or affect existing delegations to Commission staff.

Federal Register, Volume 83 Issue 34 (Tuesday, February 20, 2018)

[Federal Register Volume 83, Number 34 (Tuesday, February 20, 2018)]
[Rules and Regulations]
[Pages 7109-7110]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03296]


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FEDERAL TRADE COMMISSION

16 CFR Part 0


Delegation of Limited Authority

AGENCY: Federal Trade Commission (``FTC'' or ``Commission'').

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Federal Trade Commission is publishing a rule that 
delegates certain limited functions where the Commission is unable to 
act because it lacks a quorum. The functions delegated are those in 
which no party or intervenor has a right to petition the agency for 
discretionary review or in which a party or intervenor has waived such 
a right. In matters in which at least one Commissioner determines to 
participate, the delegation is made to the participating Commissioner 
or to the body of Commissioners who are participating. In matters in 
which no Commissioner is participating, the General Counsel has 
authority to carry out the delegated functions. This delegation is not 
intended to alter or affect existing delegations to Commission staff.

DATES: These amendments are effective February 20, 2018.

FOR FURTHER INFORMATION CONTACT: David C. Shonka, Acting General 
Counsel, (202) 326-2222, Office of the General Counsel, Federal Trade 
Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580.

SUPPLEMENTARY INFORMATION: Commission Rule 0.7, 16 CFR 0.7, provides 
that the Commission, pursuant to Reorganization Plan No. 4 of 1961 
(``Plan No. 4'') (75 Stat. 837, 26 FR 6191), may delegate, by published 
order or rule, certain of its functions to a division of the 
Commission, an individual Commissioner, or others within the 
Commission. As noted in section 1(a) of Plan No. 4, this authority 
supplements the Commission's inherent authority to delegate its 
functions.

[[Page 7110]]

    The Commission has determined that there may be instances in which 
it would be unable to resolve or act in certain matters in the absence 
of a quorum for the transaction of business. See Commission Rule 
4.14(b), 16 CFR 4.14(b) (Commission quorum). Under these circumstances, 
the Commission believes that a delegation of its authority to act to 
resolve or advance matters in which no party or intervenor has a right 
to petition the agency for discretionary review or in which any such 
party or intervenor has waived such a right, serves the public 
interest. This delegation is not intended to alter or affect existing 
delegations to Commission staff.
    The delegate or delegates are authorized to act (1) in instances in 
which no party or intervenor would be adversely affected by the action 
and entitled to seek discretionary review by the full Commission, and 
(2) in matters where a party or intervenor would be adversely affected 
and entitled to seek such review, but the affected party or intervenor 
has waived such right, as provided by section 1(b) of Plan No. 4. In 
either instance, the delegation would not adversely affect the 
procedural rights of the relevant party or intervenor.
    In matters in which at least one Commissioner is participating, the 
delegation is made to the participating Commissioner or to the body of 
Commissioners who are participating. In matters in which no 
Commissioner is available or no Commissioner is participating, the 
General Counsel in consultation, where appropriate, with the Directors 
of the Bureaus of Consumer Protection, Competition, and Economics has 
authority to carry out these limited delegated actions without power of 
redelegation.
    The instant delegation is only authorized for those matters in 
which the Commission lacks a quorum as set forth in Commission Rule 
4.14(b), 16 CFR 4.14(b) (Commission quorum). The delegation is not in 
effect in instances in which the Commission has a quorum.
    This delegation does not extend to the authority to act as an 
Administrative Law Judge in a formal administrative adjudication or 
impact any statutory requirements specifically requiring action by a 
quorum of Commissioners.

Regulatory Flexibility Act

    The Commission certifies that these new regulations, which deal 
solely with internal policies governing FTC personnel, do not require 
an initial or final regulatory analysis under the Regulatory 
Flexibility Act because they will not have a significant economic 
impact on a substantial number of small entities. See 5 U.S.C. 605(b).

Paperwork Reduction Act

    The regulations adopted herein do not contain information 
collection requirements within the meaning of the Paperwork Reduction 
Act, 44 U.S.C. 3501-3520.

Administrative Procedure Act

    The amended rule is published in final form without the opportunity 
for public notice and comment because it is a rule of ``agency 
organization, procedure, or practice.'' See 5 U.S.C. 553(b)(3)(A).

List of Subjects in 16 CFR Part 0

    Administrative practice and procedure, Organization, Delegation of 
functions.

    For the reasons stated in the preamble, the Federal Trade 
Commission amends Title 16, Chapter I, Subchapter A, of the Code of 
Federal Regulations, as follows:

PART 0--ORGANIZATION

0
1. The authority citation for part 0 continues to read as follows:

    Authority: 5 U.S.C. 552(a)(1); 15 U.S.C. 46(g).


0
2. Revise Sec.  0.7 to read as follows:


Sec.  0.7  Delegation of functions.

    (a) The Commission, under the authority provided by Reorganization 
Plan No. 4 of 1961, may delegate, by published order or rule, certain 
of its functions to a division of the Commission, an individual 
Commissioner, an administrative law judge, or an employee or employee 
board, and retains a discretionary right to review such delegated 
action upon its own initiative or upon petition of a party to or an 
intervenor in such action.
    (b) The Commission delegates its functions, subject to certain 
limitations, when no quorum is available for the transaction of 
business. The delegate or delegates are authorized to act in instances 
in which no party or intervenor would be adversely affected by the 
delegated action and entitled to seek review by the Commission, as 
provided by section 1(b) of Reorganization Plan No. 4 of 1961, or in 
instances in which all such adversely affected parties or intervenors 
have waived such a right. In actions in which at least one Commissioner 
is participating, this delegation is to the participating Commissioner 
or to the body of Commissioners who are participating. In actions in 
which no Commissioner is available or no Commissioner is participating, 
the General Counsel in consultation, where appropriate, with the 
Directors of the Bureaus of Consumer Protection, Competition, and 
Economics shall exercise this delegated authority without power of 
redelegation. This delegation does not alter or affect other 
delegations to Commission staff. This delegation is only authorized for 
those instances in which the Commission lacks a quorum as set forth in 
Commission Rule 4.14(b), 16 CFR 4.14(b) (Commission quorum).

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2018-03296 Filed 2-16-18; 8:45 am]
BILLING CODE 6750-01-P

Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Rules and Regulations 7109

DHC–6–300, and DHC–6–400 airplanes, all to which the AMOC applies, notify your (5) You may view this service information
serial numbers, certificated in any category. appropriate principal inspector (PI) in the that is incorporated by reference at the
FAA Flight Standards District Office (FSDO), National Archives and Records
(d) Subject or lacking a PI, your local FSDO. Administration (NARA). For information on
Air Transport Association of America (2) Contacting the Manufacturer: For any the availability of this material at NARA, call
(ATA) Code 27: Flight Controls. requirement in this AD to obtain corrective 202–741–6030, or go to: http://
actions from a manufacturer, the action must www.archives.gov/federal-register/cfr/ibr-
(e) Reason be accomplished using a method approved locations.html.
This AD was prompted by mandatory by the Manager, New York ACO Branch,
continuing airworthiness information (MCAI) FAA; or Transport Canada; or Viking Air Issued in Kansas City, Missouri, on
originated by an aviation authority of another Limited’s Transport Canada Design Approval February 12, 2018.
country to identify and address an unsafe Organization (DAO). If approved by the DAO, Melvin J. Johnson,
condition on an aviation product. The MCAI the approval must include the DAO- Deputy Director, Policy & Innovation Division,
describes the unsafe condition as aileron authorized signature. Aircraft Certification Service.
cable wear; fouling at the wing root rib, (3) Reporting Requirements: For any
[FR Doc. 2018–03329 Filed 2–16–18; 8:45 am]
fuselage skin, and wing root rib fairlead; and/ reporting requirement in this AD, a federal
or fraying of the cable from the root rib agency may not conduct or sponsor, and a BILLING CODE 4910–13–P
fairlead. We are issuing this AD to identify person is not required to respond to, nor
and address wear on the aileron cable shall a person be subject to a penalty for
fuselage skin cut-out and on the wing root rib failure to comply with a collection of FEDERAL TRADE COMMISSION
fairlead, and any fraying of the cable from the information subject to the requirements of
root rib fairlead, which could lead to failure the Paperwork Reduction Act unless that 16 CFR Part 0
of the aileron cable and loss of control. collection of information displays a current
valid OMB Control Number. The OMB Delegation of Limited Authority
(f) Actions and Compliance Control Number for this information
Unless already done, do the following collection is 2120–0056. Public reporting for AGENCY: Federal Trade Commission
actions in paragraphs (f)(1) through (5) of this this collection of information is estimated to (‘‘FTC’’ or ‘‘Commission’’).
AD: be approximately 5 minutes per response, ACTION: Final rule.
(1) Within the next 50 hours time-in- including the time for reviewing instructions,
service (TIS) after March 27, 2018 (the completing and reviewing the collection of SUMMARY: The Federal Trade
effective date of this AD) or before the aileron information. All responses to this collection Commission is publishing a rule that
cables have accumulated 300 hours TIS, of information are mandatory. Comments
whichever occurs later, inspect the aileron concerning the accuracy of this burden and
delegates certain limited functions
cables following the Accomplishment suggestions for reducing the burden should where the Commission is unable to act
Instructions in Viking Air Limited Service be directed to the FAA at: 800 Independence because it lacks a quorum. The
Bulletin V6/0022, Revision B, dated June 13, Ave. SW, Washington, DC 20591, Attn: functions delegated are those in which
2014 (SB V6/0022, Revision B). Inspect Information Collection Clearance Officer, no party or intervenor has a right to
repetitively thereafter at intervals not to AES–200. petition the agency for discretionary
exceed 500 hours TIS, but not to exceed five review or in which a party or intervenor
inspections (the initial and four repetitives). (h) Related Information
has waived such a right. In matters in
(2) If any discrepancies are found during Refer to MCAI Transport Canada AD
any of the inspections required in paragraph Number CF–2017–20, dated June 7, 2017, for which at least one Commissioner
(f)(1) of this AD, before further flight, replace related information. The MCAI can be found determines to participate, the delegation
the aileron cable(s) following the in the AD docket on the internet at: https:// is made to the participating
Accomplishment Instructions in SB V6/0022, www.regulations.gov/document?D=FAA- Commissioner or to the body of
Revision B. 2017-1038-0002. Commissioners who are participating. In
(3) Upon completion of the initial and four matters in which no Commissioner is
repetitive inspections detailed in paragraph (i) Material Incorporated by Reference
participating, the General Counsel has
(f)(1) of this AD, resume the inspections (1) The Director of the Federal Register
approved the incorporation by reference authority to carry out the delegated
specified in the maintenance program.
(4) Within 30 days after completion of each (IBR) of the service information listed in this functions. This delegation is not
inspection detailed in paragraph (f)(1) of this paragraph under 5 U.S.C. 552(a) and 1 CFR intended to alter or affect existing
AD, report the results of each inspection to part 51. delegations to Commission staff.
Viking Air Limited in accordance with the (2) You must use this service information DATES: These amendments are effective
reporting instructions in SB V6/0022, as applicable to do the actions required by February 20, 2018.
Revision B. this AD, unless the AD specifies otherwise.
(i) Viking Air Limited Service Bulletin V6/ FOR FURTHER INFORMATION CONTACT:
(5) Installation of new aileron cables or re-
installation of existing cables that have been 0022, Revision B, dated June 13, 2014. David C. Shonka, Acting General
removed for any reason re-starts the (ii) Reserved. Counsel, (202) 326–2222, Office of the
inspections required in paragraph (f)(1) of (3) For Viking Air Limited service General Counsel, Federal Trade
this AD. information identified in this AD, contact Commission, 600 Pennsylvania Avenue
Viking Air Limited Technical Support, 1959 NW, Washington, DC 20580.
(g) Other FAA AD Provisions De Havilland Way, Sidney, British Columbia,
SUPPLEMENTARY INFORMATION:
The following provisions also apply to this Canada, V8L 5V5; telephone: (North
AD: America) (866) 492–8527; fax: (250) 656– Commission Rule 0.7, 16 CFR 0.7,
(1) Alternative Methods of Compliance 0673; email: technical.support@ provides that the Commission, pursuant
(AMOCs): The Manager, New York ACO vikingair.com; internet: http:// to Reorganization Plan No. 4 of 1961
Branch, FAA, has the authority to approve www.vikingair.com/support/service-bulletins. (‘‘Plan No. 4’’) (75 Stat. 837, 26 FR
AMOCs for this AD, if requested using the (4) You may view this service information 6191), may delegate, by published order
sradovich on DSK3GMQ082PROD with RULES

procedures found in 14 CFR 39.19. Send at the FAA, Policy and Innovation Division, or rule, certain of its functions to a
information to ATTN: James Delisio, Program 901 Locust, Kansas City, Missouri 64106. For division of the Commission, an
Manager, Continued Operational Safety, information on the availability of this
FAA, New York ACO Branch, 1600 Stewart material at the FAA, call [(816) 329–4148. In individual Commissioner, or others
Avenue, Westbury, New York 11590; addition, you can access this service within the Commission. As noted in
telephone: (516) 228–7300; fax: (516) 794– information on the internet at http:// section 1(a) of Plan No. 4, this authority
5531; email: 9-avs-nyaco-cos@faa.gov. Before www.regulations.gov by searching for and supplements the Commission’s inherent
using any approved AMOC on any airplane locating Docket No. FAA–2017–1038. authority to delegate its functions.

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7110 Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Rules and Regulations

The Commission has determined that impact on a substantial number of small Commissioner is participating, the
there may be instances in which it entities. See 5 U.S.C. 605(b). General Counsel in consultation, where
would be unable to resolve or act in appropriate, with the Directors of the
Paperwork Reduction Act
certain matters in the absence of a Bureaus of Consumer Protection,
quorum for the transaction of business. The regulations adopted herein do not Competition, and Economics shall
See Commission Rule 4.14(b), 16 CFR contain information collection exercise this delegated authority
4.14(b) (Commission quorum). Under requirements within the meaning of the without power of redelegation. This
these circumstances, the Commission Paperwork Reduction Act, 44 U.S.C. delegation does not alter or affect other
believes that a delegation of its authority 3501–3520. delegations to Commission staff. This
to act to resolve or advance matters in Administrative Procedure Act delegation is only authorized for those
which no party or intervenor has a right instances in which the Commission
to petition the agency for discretionary The amended rule is published in lacks a quorum as set forth in
review or in which any such party or final form without the opportunity for Commission Rule 4.14(b), 16 CFR
intervenor has waived such a right, public notice and comment because it is 4.14(b) (Commission quorum).
serves the public interest. This a rule of ‘‘agency organization,
procedure, or practice.’’ See 5 U.S.C. By direction of the Commission.
delegation is not intended to alter or Donald S. Clark,
affect existing delegations to 553(b)(3)(A).
Secretary.
Commission staff. List of Subjects in 16 CFR Part 0
The delegate or delegates are [FR Doc. 2018–03296 Filed 2–16–18; 8:45 am]
authorized to act (1) in instances in Administrative practice and BILLING CODE 6750–01–P

which no party or intervenor would be procedure, Organization, Delegation of
adversely affected by the action and functions.
entitled to seek discretionary review by For the reasons stated in the DEPARTMENT OF HOMELAND
the full Commission, and (2) in matters preamble, the Federal Trade SECURITY
where a party or intervenor would be Commission amends Title 16, Chapter I,
adversely affected and entitled to seek Subchapter A, of the Code of Federal Coast Guard
such review, but the affected party or Regulations, as follows:
intervenor has waived such right, as 33 CFR Part 117
PART 0—ORGANIZATION
provided by section 1(b) of Plan No. 4. [Docket No. USCG–2017–0060]
In either instance, the delegation would ■ 1. The authority citation for part 0
not adversely affect the procedural continues to read as follows: Drawbridge Operation Regulation;
rights of the relevant party or Banana River, Indian Harbour Beach,
Authority: 5 U.S.C. 552(a)(1); 15 U.S.C. FL
intervenor. 46(g).
In matters in which at least one
AGENCY: Coast Guard, DHS.
Commissioner is participating, the ■ 2. Revise § 0.7 to read as follows:
delegation is made to the participating ACTION: Notice of temporary deviation
Commissioner or to the body of § 0.7 Delegation of functions. from regulations; request for comments.
Commissioners who are participating. In (a) The Commission, under the
SUMMARY: The Coast Guard has issued a
matters in which no Commissioner is authority provided by Reorganization
temporary deviation from the operating
available or no Commissioner is Plan No. 4 of 1961, may delegate, by
schedule that governs the Mathers
participating, the General Counsel in published order or rule, certain of its
Bridge across the Banana River, mile
consultation, where appropriate, with functions to a division of the
0.5, at Indian Harbour Beach, FL. This
the Directors of the Bureaus of Commission, an individual deviation will test a change to the
Consumer Protection, Competition, and Commissioner, an administrative law drawbridge operation schedule to
Economics has authority to carry out judge, or an employee or employee determine whether a permanent change
these limited delegated actions without board, and retains a discretionary right to the schedule is needed. This
power of redelegation. to review such delegated action upon its deviation will allow the bridge to open
The instant delegation is only own initiative or upon petition of a for vessels at specific times.
authorized for those matters in which party to or an intervenor in such action.
(b) The Commission delegates its DATES: This deviation is effective
the Commission lacks a quorum as set without actual notice from February 20,
forth in Commission Rule 4.14(b), 16 functions, subject to certain limitations,
when no quorum is available for the 2018 through 6 a.m. on August 4, 2018.
CFR 4.14(b) (Commission quorum). The For the purposes of enforcement, actual
delegation is not in effect in instances transaction of business. The delegate or
delegates are authorized to act in notice will be used from 6 a.m. on
in which the Commission has a quorum. February 5, 2018 until February 20,
This delegation does not extend to the instances in which no party or
intervenor would be adversely affected 2018. Comments and relate material
authority to act as an Administrative must reach the Coast Guard on or before
Law Judge in a formal administrative by the delegated action and entitled to
seek review by the Commission, as August 4, 2018.
adjudication or impact any statutory
provided by section 1(b) of ADDRESSES: You may submit comments
requirements specifically requiring
action by a quorum of Commissioners. Reorganization Plan No. 4 of 1961, or in identified by docket number USCG-
instances in which all such adversely 2017–0060 using Federal eRulemaking
Regulatory Flexibility Act affected parties or intervenors have Portal at http://www.regulations.gov.
sradovich on DSK3GMQ082PROD with RULES

The Commission certifies that these waived such a right. In actions in which See the ‘‘Public Participation and
new regulations, which deal solely with at least one Commissioner is Request for Comments’’ portion of the
internal policies governing FTC participating, this delegation is to the SUPPLEMENTARY INFORMATION section
personnel, do not require an initial or participating Commissioner or to the below for instructions on submitting
final regulatory analysis under the body of Commissioners who are comments.
Regulatory Flexibility Act because they participating. In actions in which no FOR FURTHER INFORMATION CONTACT: If
will not have a significant economic Commissioner is available or no you have questions on this test

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Document Created: 2018-02-17 02:29:17
Document Modified: 2018-02-17 02:29:17

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		These amendments are effective February 20, 2018.
Contact		David C. Shonka, Acting General Counsel, (202) 326-2222, Office of the General Counsel, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580.
FR Citation		83 FR 7109
CFR Associated		Administrative Practice and Procedure; Organization and Delegation of Functions