83 FR 7109 - Delegation of Limited Authority

FEDERAL TRADE COMMISSION

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

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, 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.

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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