vides that the United States shall be liable for injury or loss of property or personal injury or death caused by the negligent or wrongful acts or omissions of its employees acting within the scope of their employment or office. The Military Personnel and Civilian Employees Claims Act of 1964 (31 U.S.C. 3701, 3721) authorizes the Commission to compensate employees' claims for damage to or loss of personal property incident to their service. The Commission's claims officer for both statutes is Teresa A. Hennessy, telephone (202) 523-3533. (Sec. 6(g) 38 Stat. 721 (15 U.S.C. 46); 80 Stat. 383, as amended (5 U.S.C. 552)) [50 FR 16699, Apr. 29, 1985] § 0.6 [Reserved] $ 0.7 Delegation of functions. 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. § 0.8 The Chairman. The Chairman of the Commission is designated by the President, and, subject to the general policies of the Commission, is the executive and administrative head of the agency. He presides at meetings of and hearings before the Commission and participates with other Commissioners in all Commission decisions. Attached to the Office of the Chairman, and reporting directly to him, and through him to the Commission, are the following staff units: (a) The Office of Public Affairs, which furnishes information concerning Commission activities to news media and the public; and (b) the Office of Congressional Relations, which coordinates all liaison activities with Congress. [50 FR 53303, Dec. 31, 1985] § 0.9 Organization structure. The Federal Trade Commission comprises the following principal units: Office of the Executive Director Office of the Secretary Office of Administrative Law Judges Bureau of Consumer Protection The Regional Offices [45 FR 36340, May 29, 1980; 45 FR 39244, June 10, 1980; 50 FR 53303, Dec. 31, 1985] § 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, and 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; and 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. (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; coordinates the Commission's information processing systems; and is responsible for the publication of all Commission actions which must appear in the FEDERAL REGISTER and for the publication of Federal Trade Commission Decisions and Court Decisions-Federal Trade Commission. [48 FR 4280, Jan. 31, 1983, as amended at 50 FR 53303, Dec. 31, 1985] § 0.11 Office of the General Counsel. The General Counsel is the Commission's chief law officer and adviser, who renders necessary legal services to the Commission, represents the Commission in the Federal and State Courts, advises the Commission with respect to questions of law and policy, including advice with respect to legislative matters, cooperates with and assists State and local officials in the efforts to eliminate local and national trade restraints. [41 FR 54483, Dec. 14, 1976, as amended at 50 FR 53303, Dec. 31, 1985] amended and other rulemaking proceedings as directed. [45 FR 36340, May 29, 1980] § 0.16 Bureau of Competition. The bureau is responsible for enforcing Federal antitrust and trade regulation laws under section 5 of the Federal Trade Commission Act, the Clayton Act, and a number of other special statutes which the Commission is charged with enforcing. The bureau work aims to preserve the free market system and assure the unfettered operation of the forces of supply and demand. Its activities seek to ensure price competition, quality products and services and efficient operation of the national economy. The bureau carries out its responsibilities by investigating alleged law violations, and recommending to the Commission such further action as may be appropriate. Such action may include injunctive relief in Federal District Court, complaint and litigation before the agency's administrative law judges, formal nonadjudicative settlement of complaints, trade regulation rules, or reports. The bureau also conducts compliance investigations and initiates proceedings for civil penalties to assure compliance with final Commission orders dealing with competition and trade restraint matters. [41 FR 54483, Dec. 14, 1976. Redesignated at 45 FR 36341, May 29, 1980; 50 FR 53303, Dec. 31, 1985] § 0.17 Bureau of Consumer Protection. The Bureau investigates unfair or deceptive acts or practices under section 5 of the Federal Trade Commission Act as well as potential violations of numerous special statutes which the Commission is charged with enforcing. It prosecutes before the agency's administrative law judges alleged violations of law after issuance of a complaint by the Commission or obtains through negotiation consentedto orders, which must be accepted and issued by the Commission. The bureau participates in trade regulation rulemaking proceedings under section 18(a)(1)(B) of the Federal Trade Commission Act and other rulemaking proceedings under other statutory au thority. It investigates compliance with final orders and trade regulation rules and seeks civil penalties or consumer redress for their violation. In addition, the bureau seeks to educate both consumers and the business community about the laws it enforces. [46 FR 26287, May 12, 1981] § 0.18 Bureau of Economics. The bureau aids and advises the Commission concerning the economic aspects of all of its functions, and is responsible for the preparation of various economic reports and surveys. The bureau provides economic and statistical assistance to the enforcement bureaus in the investigation and trial of cases. [41 FR 54483, Dec. 14, 1976. Redesignated at 45 FR 36341, May 29, 1980; 50 FR 53303, Dec. 31, 1985] 8 0.19 The Regional Offices. (a) These offices are investigatory arms of the Commission, and, with respect to matters of a regional nature, have responsibility for investigational, trial, compliance, and consumer educational activities as delegated by the Commission. Each regional office has general responsibility for its own activities and for the smaller offices, designated as field stations, located in its area of responsibility. They are under the general supervision of the Office of the Executive Director, and clear their activities through the appropriate operating bureaus. (b) The addresses of the respective regional offices, and of the field stations located in the area of each are as follows: (1) Atlanta Regional Office. Federal Trade Commission, Room 1000, 1718 Peachtree Street, NW., Atlanta, GA 30309. (2) Boston Regional Office. Federal Trade Commission, Room 1301, 150 Causeway Street, Boston, MA 02114. (6) Denver Regional Office. Federal Trade Commission, Suite 2900, 1405 Curtis Street, Denver, CO 80202. (7) Los Angeles Regional Office. Federal Trade Commission, Room 13209, Federal Building, 11000 Wilshire Boulevard, Los Angeles, CA 90024. (8) New York Regional Office. Federal Trade Commission, 2243-EB, Federal Building, 26 Federal Plaza, New York, NY 10278. (9) San Francisco Regional Office. Federal Trade Commission, 450 Golden Gate Avenue, Box 36005, San Francisco, CA 94102. Field Station: Federal Trade Commission, Room 6324, 300 Ala Moana, Honolulu, HI 96850. (10) Seattle Regional Office. Federal Trade Commission, 28th Floor, Federal Building, 915 Second Avenue, Seattle, WA 98174. (c) Each of the regional offices is supervised by a Regional Director, who is available for conferences with attorneys, consumers, and other members of the public on matters relating to the Commission's activities. [41 FR 54483, Dec. 14, 1976, as amended at 42 FR 27218, May 27, 1977; 43 FR 754, Jan. 4, 1978; 43 FR 6579, Feb. 15, 1978. Redesignated at 45 FR 36341, May 29, 1980; 50 FR 53303, Dec. 31, 1985] Nature, authority and use of trade regulation rules. 1.9 Petitions to commence trade regulation rule proceedings. 1.10 Advance notice of proposed rulemaking. 1.11 Commencement of a rulemaking pro ceeding. 1.12 Final notice. 1.13 Rulemaking proceeding. 1.14 Promulgation. Sec. 1.82 Declaration of policy. 1.83 Whether to commence the process for an environmental impact statement. 1.84 Draft environmental impact statements: Availability and comment. 1.85 Final environmental impact statements. 1.86 Supplemental statements. 1.87 NEPA and agency decisionmaking. 1.88 Implementation procedures. 1.89 Effect on prior actions. Subpart J-Economic Surveys, Investigations, and Reports 1.91 Authority and purpose. Subpart K-Penalties for Violation of Appliance Labeling Rules 1.92 Scope. 1.93 Notice of proposed penalty. 1.94 Commission proceeding to assess civil penalty. 1.95 Procedures upon election. 1.96 Compromise of penalty. 1.97 Amount of penalty. AUTHORITY: Sec. 6, 38 Stat. 721 (15 U.S.C. 46), unless otherwise noted. SOURCE: 32 FR 8444, June 13, 1967, unless otherwise noted. NOTE: On May 14, 1973, the responsibilities of the Federal Trade Commission for enforcement of the Flammable Fabrics Act, as amended, were transferred to the Consumer Product Safety Commission. The CPSC Flammable Fabrics Act regulations are in 16 CFR Chapter II, Subchapter D. Subpart A-Industry Guidance ADVISORY OPINIONS § 1.1 Policy. (a) Any person, partnership, or corporation may request advice from the Commission with respect to a course of action which the requesting party proposes to pursue. The Commission will consider such requests for advice and inform the requesting party of the Commission's views, where practicable, under the following circumstances. (1) The matter involves a substantial or novel question of fact or law and there is no clear Commission or court precedent; (2) A proposed corporate merger or acqusition is involved; or (3) The subject matter of the request and consequent publication of Commission advice is of significant public interest. (b) The Commission has authorized its staff to consider all requests for advice and to render advice, where practicable, in those circumstances in which a Commission opinion would not be warranted. Hypothetical questions will not be answered, and a request for advice will ordinarily be considered inappropriate where: (1) The same or substantially the same course of action is under investigation or is or has been the subject of a current proceeding involving the Commission or another governmental agency, or (2) an informed opinion cannot be made or could be made only after extensive investigation, clinical study, testing, or collateral inquiry. [44 FR 21624, Apr. 11, 1979; 44 FR 23515, Apr. 20, 1979] (a) Application. The request for advice or interpretation should be submitted in writing (one original and two copies) to the Secretary of the Commission and should: (1) State clearly the question(s) that the applicant wishes resolved; (2) cite the provision of law under which the question arises; and (3) state all facts which the applicant believes to be material. In addition, the identity of the companies and other persons involved should be disclosed. Letters relating to unnamed companies or persons may not be answered. Submittal of additional facts may be requested prior to the rendering of any advice. (b) Compliance matters. If the request is for advice as to whether the proposed course of action may violate an outstanding order to cease and desist issued by the Commission, such request will be considered as provided for in § 2.41 of this chapter. [44 FR 21624, Apr. 11, 1979, as amended at 44 FR 40638, July 12, 1979] § 1.3 Advice. (a) On the basis of the materials submitted, as well as any other information available, and if practicable, the Commission or its staff will inform the requesting party of its views. (b) Any advice given by the Commission is without prejudice to the right of the Commission to reconsider the questions involved and, where the public interest requires, to rescind or revoke the action. Notice of such rescission or revocation will be given to the requesting party so that he may discontinue the course of action taken pursuant to the Commission's advice. The Commission will not proceed against the requesting party with respect to any action taken in good faith reliance upon the Commission's advice under this section, where all the relevant facts were fully, completely, and accurately presented to the Commission and where such action was promptly discontinued upon notification of rescission or revocation of the Commission's approval. (c) Advice rendered by the staff is without prejudice to the right of the Commission later to rescind the advice and, where appropriate, to commence an enforcement proceeding. [44 FR 21624, Apr. 11, 1979] § 1.4 Public disclosure. Written advice rendered pursuant to this Section and requests therefor, including names and details, will be placed in the Commission's public record immediately after the requesting party has received the advice, subject to any limitations on public disclosure arising from statutory restrictions, the Commission's rules, and the public interest. A request for confidential treatment of information submitted in connection with the questions should be made separately. [44 FR 21624, Apr. 11, 1979] INDUSTRY GUIDES § 1.5 Purpose. Industry guides are administrative interpretations of laws administered by the Commission for the guidance of the public in conducting its affairs in conformity with legal requirements. They provide the basis for voluntary and simultaneous abandonment of unlawful practices by members of industry. Failure to comply with the guides |