94-29566. Delegation of Authority

[Federal Register Volume 59, Number 229 (Wednesday, November 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29566]


[[Page Unknown]]

[Federal Register: November 30, 1994]


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FEDERAL TRADE COMMISSION

 

Delegation of Authority

AGENCY: Federal Trade Commission (FTC).

ACTION: Delegation of authority.

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SUMMARY: The Commission is delegating certain functions in matters 
wherein a majority of the members of the Commission are unable to 
resolve or dispose of a matter as a result of recusals. This delegation 
shall expire at such time as the Commission has a full complement of 
five members. It is limited to actions affecting parties or interveners 
that have waived their right to review by the full Commission, or where 
no such right would be involved.

EFFECTIVE DATE: November 30, 1994.

FOR FURTHER INFORMATION CONTACT:
Bruce G. Freedman, Acting Assistant General Counsel, Office of General 
Counsel, FTC, 6th Street & Pennsylvania Ave. NW., Washington, DC 20580, 
[phone]; Marc L. Winerman, Attorney, [phone]; John T. 
Murphy, Attorney, [phone]; Alex Tang, Attorney, [phone].

SUPPLEMENTARY INFORMATION: Commission Rule 0.7, 16 CFR 0.7, provides 
that the Commission, pursuant to Reorganization Plan No. 4 of 1961 (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 the Plan, this authority supplements the Commission's inherent 
authority to delegate its functions.
    The Commission has determined that there may be instances in which 
it would be unable to resolve or dispose of certain matters because 
recusals result in the absence of a quorum for the transaction of 
business. See Commission Rule 4.14(a), 16 CFR 4.14(a) (Commission 
quorum). Under these circumstances, the Commission believes that 
delegation of its authority to act to the remaining Commissioner or 
Commissioners eligible to participate in the matter would be 
appropriate.
    Accordingly, the Commission has determined to delegate its 
functions, subject to certain limitations, when no quorum is available 
for the transaction of business. First, the delegate or delegates is 
authorized to act in matters in which no party or intervener would be 
adversely affected by the Commission's action and entitled to seek 
review by the full Commission, as provided by section 1(b) of the Plan. 
Second, the delegate or delegates is authorized to act in matters where 
a party or intervener would be adversely affected and entitled to seek 
such review, but the affected party or intervener has waived such 
right. In either instance, the delegation would not adversely affect 
the procedural rights of the relevant party or intervener.
    This delegation is not subject to re-delegation, and is not 
intended to alter or affect existing delegations to Commission staff. 
The delegation shall expire at such time as the Commission has a full 
complement of five members.

    By direction of the Commission, Commissioner Azcuenaga 
abstaining with a separate statement.
Donald S. Clark,
Secretary.

Separate Statement of Commissioner Mary L. Azcuenaga

Delegation of Authority in Absence of Quroum

    Today the Commission announces a new procedure to delegate 
``certain functions in matters wherein a majority of the members of the 
Commission are unable to resolve or dispose of a matter as a result of 
recusals.'' Although I have considered the merits of the new delegation 
procedure, I abstain from expressing a view because the factual context 
in which the procedure was proposed and debated makes clear to me that 
the delegation is intended to affect the merits of one or more matters 
on which I am not participating by reason of recusal. Specifically, it 
seems clear that the Commission's intention in adopting the delegation 
is to make possible before judicial review certain changes in two final 
orders recently issued by the Commission following full adjudicative 
proceedings. Although the delegate or delegates will decide what 
changes, if any, to make in these orders, it is also clear to me what 
those changes now are expected to be.
    I have received advice that it would not be inappropriate for me to 
vote on the merits of the new delegation procedure. I have considered 
the merits of the new delegation in a manner consistent with my recusal 
in the cases to which I have alluded, but in my view, given the context 
and timing of the motion, a substantive vote on the delegation would be 
inconsistent with those recusals. I have chosen, therefore, to abstain. 
I regret that I am constrained from expressing a view on the merits of 
today's action.

[FR Doc. 94-29566 Filed 11-29-94; 8:45 am]
BILLING CODE 6750-01-M