Access Requests From Foreign Law Enforcement Agencies for Consumer Protection Materials, 28851-28854 [E7-9966]
Download as PDF
<![CDATA[
Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Rules and Regulations
paragraph (b)(2) of this section will
replace the level identified in paragraph
(a)(1) of this section.
Subpart D—Report, Recordkeeping
and Audits
19. Amend § 158.63 by revising
paragraphs (a) and (c) to read as follows:
I
§ 158.63
agency.
Reporting requirements: Public
(a) The public agency must provide
quarterly reports to air carriers
collecting PFCs for the public agency
with a copy to the appropriate FAA
Airports Office. The quarterly report
must include:
(1) Actual PFC revenue received from
collecting air carriers, interest earned,
and project expenditures for the quarter;
(2) Cumulative actual PFC revenue
received, interest earned, project
expenditures, and the amount
committed for use on currently
approved projects, including the
quarter;
(3) The PFC level for each project; and
(4) Each project’s current schedule.
*
*
*
*
*
(c) For medium and large hub
airports, the public agency must provide
to the FAA, by July 1 of each year, an
estimate of PFC revenue to be collected
for each airport in the following fiscal
year.
I 20. Revise § 158.65 to read as follows:
cprice-sewell on PROD1PC71 with RULES
§ 158.65 Reporting requirements:
Collecting air carriers.
(a) Each air carrier collecting PFCs for
a public agency must provide quarterly
reports to the public agency unless
otherwise agreed by the collecting air
carrier and public agency, providing an
accounting of funds collected and funds
remitted.
(1) Unless otherwise agreed by the
collecting air carrier and public agency,
reports must state:
(i) The collecting air carrier and
airport involved,
(ii) The total PFC revenue collected,
(iii) The total PFC revenue refunded
to passengers,
(iv) The collected revenue withheld
for reimbursement of expenses under
§ 158.53, and
(v) The dates and amounts of each
remittance for the quarter.
(2) The report must be filed by the last
day of the month following the calendar
quarter or other period agreed by the
collecting carrier and public agency for
which funds were collected.
(b) A covered air carrier must provide
the FAA with:
(1) A copy of its quarterly report by
the established schedule under
paragraph (a) of this section; and
VerDate Aug<31>2005
15:35 May 22, 2007
Jkt 211001
28851
(2) A monthly PFC account statement
delivered not later than the fifth day of
the following month. This monthly
statement must include:
(i) The balance in the account on the
first day of the month,
(ii) The total funds deposited during
the month,
(iii) The total funds disbursed during
the month, and
(iv) The closing balance in the
account.
I 21. Amend § 158.67 by revising
paragraph (c)(2) to read as follows:
Issued in Washington, DC, on May 14,
2007.
Marion C. Blakey,
Administrator.
[FR Doc. E7–9941 Filed 5–22–07; 8:45 am]
§ 158.67 Recordkeeping and auditing:
Public agency.
AGENCY:
*
*
*
*
*
(c) * * *
(2) Conducted as part of an audit
under Office of Management and Budget
Circular A–133 (the Single Audit Act of
1984, Pub. L. 98–502, and the Single
Audit Act Amendments of 1996, Pub. L.
104–156) provided the auditor
specifically addresses the PFC.
*
*
*
*
*
Subpart E—Termination
I
22. Revise § 158.81 to read as follows:
§ 158.81
General.
This subpart contains the procedures
for termination of PFCs or loss of
Federal airport grant funds for
violations of this part or 49 U.S.C.
40117. This subpart does not address
the circumstances under which the
authority to collect PFCs may be
terminated for violations of 49 U.S.C.
47523 through 47528.
§ 158.97
[Removed]
23. Remove § 158.97.
I 24. Amend appendix A to part 158 by
revising paragraphs 10 and 12 of section
B of this appendix to read as follows:
I
Appendix A to Part 158—Assurances
*
*
* * *
*
*
*
10. Recordkeeping and Audit. It will
maintain an accounting record for audit
purposes for 3 years after physical and
financial completion of the project. All
records must satisfy the requirements of 14
CFR part 158 and contain documentary
evidence for all items of project costs.
*
*
*
*
*
12. Compliance with 49 U.S.C. 47523
through 47528. It understands 49 U.S.C.
47524 and 47526 require that the authority to
impose a PFC be terminated if the
Administrator determines the public agency
has failed to comply with those sections of
the United States Code or with the
implementing regulations published under
the Code.
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
BILLING CODE 4910–13–P
FEDERAL TRADE COMMISSION
16 CFR Part 4
Access Requests From Foreign Law
Enforcement Agencies for Consumer
Protection Materials
ACTION:
Federal Trade Commission.
Final rule amendment.
SUMMARY: The Federal Trade
Commission is amending Rule 4.11 of
its Rules of Practice, which addresses
disclosure requests, to add a new
provision, Rule 4.11(j). The new
provision conforms the agency’s rules to
its authority to share confidential
information in non-antitrust matters
with foreign law enforcers, with
appropriate confidentiality assurances
and subject to certain restrictions, as
provided for under the recently-enacted
U.S. SAFE WEB Act of 2006, Pub. L. No.
109–455, 120 Stat. 3372 (2006). The
Commission is also amending Rules
4.10(d) and (e), which describe certain
materials subject to prohibitions on
disclosures and exceptions for specified
circumstances, to cross-reference the
new Rule 4.11(j).
DATES: Effective Date: May 23, 2007.
FOR FURTHER INFORMATION CONTACT:
Joannie T. Wei, Attorney, Office of the
General Counsel, Federal Trade
Commission, 600 Pennsylvania Avenue,
NW., Washington, DC 20580, (202) 326–
2840, jwei@ftc.gov.
SUPPLEMENTARY INFORMATION: The
Undertaking Spam, Spyware and Fraud
Enforcement With Enforcers beyond
Borders Act of 2006 (U.S. SAFE WEB
Act), Pub. L. No. 109–455, 120 Stat.
3372 (2006), was enacted to enhance the
Federal Trade Commission’s
enforcement activities against a range of
practices that harm U.S. consumers,
including illegal spam, spyware, crossborder fraud and deception, misleading
health and safety advertising, privacy
and security breaches, and other law
violations. The practices the FTC
enforces against are increasingly global
in nature, and the U.S. SAFE WEB Act
improves the FTC’s ability to cooperate
with its foreign counterparts to combat
such practices.
Authority to share certain materials
with foreign law enforcement agencies.
Information sharing is one area in which
the U.S. SAFE WEB Act strengthens the
E:\FR\FM\23MYR1.SGM
23MYR1
28852
Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Rules and Regulations
cprice-sewell on PROD1PC71 with RULES
Commission’s authority to cooperate
with its foreign counterparts. Sections 4
and 6 of the U.S. SAFE WEB Act amend
sections 6(f) and 21(b)(6) of the Federal
Trade Commission Act to allow the
Commission to share certain
confidential and compelled information
in its files with foreign law enforcement
agencies.1 15 U.S.C. 46(f), 57b–2(b)(6).
These sections of the U.S. SAFE WEB
Act do not provide authority for the
disclosure of material obtained in
connection with the administration of
the Federal antitrust laws or foreign
antitrust laws (as defined in paragraphs
(5) and (7), respectively, of section 12 of
the International Antitrust Enforcement
Assistance Act of 1994 (15 U.S.C.
6211)). 15 U.S.C. 57b–2(b)(6).
The Commission’s disclosure
authority under the U.S. SAFE WEB Act
is subject to appropriate limitations and
assurances. Under section 6 of the
statute, the Commission must obtain
certification from an appropriate official
of the foreign law enforcement agency,
either by prior agreement or
memorandum of understanding or by
other written certification, that such
material will be maintained in
confidence and will only be used for
official law enforcement purposes. 15
U.S.C. 57b–2(b)(6). The foreign law
enforcement agency must have set forth
a bona fide legal basis for its authority
to maintain the material in confidence.
In addition, the foreign law enforcement
agency must be using the materials for
purposes of investigating or engaging in
enforcement proceedings related to
possible violations of: (1) Foreign laws
prohibiting fraudulent or deceptive
practices or other practices substantially
similar to practices prohibited by any
law administered by the Commission;
(2) a law administered by the
Commission if disclosure would further
a Commission investigation or
proceeding; or (3) with the approval of
the Attorney General, other foreign
criminal laws that are encompassed in
an applicable mutual legal assistance
treaty. 15 U.S.C. 57b–2(b)(6)(A), 57b–
2(b)(6)(B).
If the materials to be provided to the
foreign law enforcement agency are
requested for the purpose of
investigating or engaging in enforcement
proceedings based on possible
violations by a bank, savings and loan
1 ‘‘Foreign law enforcement agency’’ means—(1)
any agency or judicial authority of a foreign
government, including a foreign state, a political
subdivision of a foreign state, or a multinational
organization constituted by and comprised of
foreign states, that is vested with law enforcement
or investigate authority in civil, criminal, or
administrative matters; and (ii) any multinational
organization, to the extent that it is acting on behalf
of an entity described in paragraph (i). 15 U.S.C. 44.
VerDate Aug<31>2005
15:35 May 22, 2007
Jkt 211001
institution, or Federal credit union, the
material will not be disclosed unless the
appropriate Federal banking agency, or
the National Credit Union
Administration in the case of a Federal
credit union, has given its prior
approval. 15 U.S.C. 57b–2(b)(6)(C).
Further, section 6 of the U.S. SAFE
WEB Act does not permit disclosure to
foreign law enforcement agencies from
foreign states that the Secretary of State
has determined, in accordance with
section 6(j) of the Export Administration
Act of 1979, 50 U.S.C. App. 2405, have
repeatedly provided support for acts of
international terrorism, unless and until
such determination has been rescinded
pursuant to section 6(j)(4) of that Act, 50
U.S.C. App. 2405(j)(4).
Rule provisions. To implement this
new authority under the U.S. SAFE
WEB Act, the Commission’s Rules of
Practice have been amended to create a
new provision, Rule 4.11(j), that
delineates the internal procedure for
handling requests from foreign law
enforcement agencies for nonpublic
material other than material subject to
disclosure pursuant to other
delegations. Rule 4.11(j) is not intended
to supersede existing Commission
delegations or to preclude additional
future delegations, subject to any
statutory constraints.
The new provision, Rule 4.11(j),
generally adopts the procedures of the
current Rule 4.11(c) (sharing
confidential information with Federal
and State law enforcement agencies),
and incorporates the requirements and
restrictions of the U.S. SAFE WEB Act.
Under the new provision, requests for
nonpublic records from foreign law
enforcement agencies will be addressed
to the Director of the Office of
International Affairs or the Director’s
designee. For any material requested
that is subject to the disclosure
restrictions in sections 6(f) 2 or 21(b) 3 of
the FTC Act or Rule 4.10(d) of the
Commission’s Rules of Practice,4 the
2 Section 6(f) of the FTC Act protects from public
disclosure ‘‘any trade secret or any commercial or
financial information which is obtained from any
person and which is privileged or confidential,’’
except in certain specified circumstances. 15 U.S.C.
46(f).
3 Section 21(b) of the FTC Act protects from
public disclosure material received by the
Commission ‘‘pursuant to compulsory process in an
investigation, a purpose of which is to determine
whether any person may have violated any
provision of the laws administered by the
Commission,’’ except in certain specified
circumstances. 15 U.S.C. 57b–2(b).
4 In addition to the two categories listed above,
Rule 4.10(d) also protects from mandatory
disclosure under the Freedom of Information Act,
5 U.S.C. 552, material submitted to the Commission
voluntarily in lieu of compulsory process in a law
enforcement investigation and marked or otherwise
identified as confidential. 16 CFR 4.10(d).
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
Director or the Director’s designee will
obtain any certification required by the
U.S. SAFE WEB Act from an
appropriate official of such foreign law
enforcement agency. Rule 4.11(j)(3)
establishes the requirements for access
to such material in accordance with the
U.S. SAFE WEB Act. The Director will
then, with approval of the Bureau of
Consumer Protection, forward the
requests to the General Counsel with
recommendations for disposition. The
General Counsel or the General
Counsel’s designee is delegated the
authority to dispose of the requests in
accordance with the requirements of the
U.S. SAFE WEB Act. Under Rule 4.11(j),
the General Counsel may refer such
requests to the Commission for
determination, and must do so when the
Bureau of Consumer Protection or the
Office of International Affairs do not
agree with the General Counsel’s
proposed disposition.
The Commission has also amended
Rules 4.10(d) and (e) of its Rules of
Practice, which describe materials that
the Commission generally cannot make
public at all or can make public only
after finding the material is not
confidential and giving ten days’ notice
to the submitter. These provisions also
set forth exceptions to these restrictions,
including, inter alia, certain disclosures
to Federal and State law enforcement
agencies. Rules 4.10(d) and (e) have
been amended to include disclosure to
foreign law enforcement agencies
pursuant to the new Rule 4.11(j) as a
specifically stated exception.
The amendments to Rules 4.10(d) and
(e) and Rule 4.11(j)(3) will apply to all
material that is subject to the disclosure
restrictions in sections 6(f) and 21(b) of
the FTC Act or in Rule 4.10(d) of the
Commission’s Rules of Practice, and
that was submitted to the Commission
on or after December 22, 2006, the date
of enactment of the U.S. SAFE WEB Act.
Procedural matters. These
amendments adopted herein will
reconcile the Commission’s rules with
existing agency memoranda of
understanding (MOUs), under which
the Commission has an obligation to use
its best efforts to share relevant
consumer protection law enforcement
material requested by applicable foreign
agencies to the extent consistent with
national laws, international obligations,
enforcement policies and other
important interests. Under these MOUs,
the Commission has the implied
obligation to implement any internal
procedures required to allow the
Commission to take into account all
applicable laws, including the new U.S.
SAFE WEB Act authority, in processing
and considering applicable foreign
E:\FR\FM\23MYR1.SGM
23MYR1
Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Rules and Regulations
agency requests for information.
Because failure to make the proposed
amendments would impair the
Commission’s ability to meet its foreign
obligations, the amendments are
exempt, by virtue of the foreign affairs
exemption to the Act, 5 U.S.C. 553(a)(1),
from both the Administrative Procedure
Act’s notice and comment requirement,
5 U.S.C. 553(b), and its restriction on
the rules’ effective date, 5 U.S.C. 553(d).
These amendments are also exempt
from the notice and comment
requirement and effective date
restriction of the Commission’s Rules of
Practice by virtue of the good cause
exceptions in Rules 1.26(b) and 1.26(e).
16 CFR 1.26(b), (e). In these
circumstances, providing a period of
public comment would delay
implementation of these rules and is
both unnecessary and contrary to the
public interest.5
Finally, these amendments are not a
collection of information for purposes of
the Paperwork Reduction Act, 44 U.S.C.
3501 et seq., and are not subject to the
requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601(2).
List of Subjects in 16 CFR Part 4
Administrative practice and
procedure, Freedom of Information Act,
Sunshine Act.
I For the reasons set forth in the
preamble, the Federal Trade
Commission amends Title 16, chapter I,
subchapter A, of the Code of Federal
Regulations as follows:
Subchapter A—Organization, Procedures,
And Rules Of Practice
PART 4—MISCELLANEOUS RULES
1. The authority citation for part 4
continues to read as follows:
I
Authority: 15 U.S.C. 46, unless otherwise
noted.
2. Amend § 4.10 by revising
paragraphs (d) and (e) to read as follows:
I
§ 4.10
Nonpublic material.
cprice-sewell on PROD1PC71 with RULES
*
*
*
*
*
(d) Except as provided in paragraphs
(f) or (g) of this section or in § 4.11(b),
(c), (d), (i), or (j), no material that is
marked or otherwise identified as
confidential and that is within the scope
of § 4.10(a)(8), and no material within
the scope of § 4.10(a)(9) that is not
otherwise public, will be made available
without the consent of the person who
produced the material, to any individual
other than a duly authorized officer or
5 See Int’l Brotherhood of Teamsters v. Pena, 17
˜
F. 3d 1478 (D.C. Cir. 1994) (applying APA foreign
affairs exemption and good cause exception of
agency rule).
VerDate Aug<31>2005
15:35 May 22, 2007
Jkt 211001
employee of the Commission or a
consultant or contractor retained by the
Commission who has agreed in writing
not to disclose the information. All
other Commission records may be made
available to a requester under the
procedures set forth in § 4.11 or may be
disclosed by the Commission except
where prohibited by law.
(e) Except as provided in paragraphs
(f) or (g) of this section or in § 4.11(b),
(c), (d), (i), or (j), material not within the
scope of § 4.10(a)(8) or § 4.10(a)(9) that
is received by the Commission and is
marked or otherwise identified as
confidential may be disclosed only if it
is determined that the material is not
within the scope of § 4.10(a)(2), and the
submitter is provided at least ten days
notice of the intent to disclose the
material.
*
*
*
*
*
I 3. Amend § 4.11 by adding a new
paragraph (j) to the end that reads as
follows:
§ 4.11
Disclosure requests.
*
*
*
*
*
(j)(1) The procedures specified in this
section apply to disclosures of certain
records to foreign law enforcement
agencies in specified circumstances in
accordance with the U.S. SAFE WEB
Act of 2006. Nothing in this section
authorizes the disclosure of material
obtained in connection with the
administration of the Federal antitrust
laws or foreign antitrust laws, as defined
in paragraph (j)(5)(i) of this section.
(2) Requests from foreign law
enforcement agencies, as defined in
paragraph (j)(5)(ii) of this section, for
nonpublic records shall be addressed to
the Director of the Office of
International Affairs or the Director’s
designee, who shall forward them to the
General Counsel with recommendations
for disposition after obtaining any
required certification described in
paragraph (j)(3) of this section and
approval of the Bureau of Consumer
Protection. With respect to requests
under this paragraph, the General
Counsel or the General Counsel’s
designee is delegated the authority to
dispose of them. Alternatively, the
General Counsel may refer such requests
to the Commission for determination,
except that requests must be referred to
the Commission for determination
where the Bureau of Consumer
Protection or the Office of International
Affairs disagrees with the General
Counsel’s proposed disposition.
(3) Access under this section to any
material subject to the disclosure
restrictions in sections 6(f) or 21(b) of
the FTC Act or § 4.10(d) may not be
granted unless—
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
28853
(i) An appropriate official of the
foreign law enforcement agency has
certified, either by prior agreement or
memorandum of understanding or by
other written certification, that such
material will be maintained in
confidence and will be used only for
official law enforcement purposes; and
(ii)(A) The foreign law enforcement
agency has set forth a bona fide legal
basis for its authority to maintain the
material in confidence;
(B) The materials are to be used for
purposes of investigating, or engaging in
enforcement proceedings related to,
possible violations of:
(1) Foreign laws prohibiting
fraudulent or deceptive commercial
practices, or other practices
substantially similar to practices
prohibited by any law administered by
the Commission;
(2) A law administered by the
Commission, if disclosure of the
material would further a Commission
investigation or enforcement
proceeding; or
(3) With the approval of the Attorney
General, other foreign criminal laws, if
such foreign criminal laws are offenses
defined in or covered by a criminal
mutual legal assistance treaty in force
between the government of the United
States and the foreign law enforcement
agency’s government;
(C) The appropriate Federal banking
agency, (as defined in section 3(q) of the
Federal Deposit Insurance Act (12
U.S.C. 1813(q)) or, in the case of a
Federal credit union, the National
Credit Union Administration has given
its prior approval if the materials to be
provided under paragraph (j)(3)(ii)(B) of
this section are requested by the foreign
law enforcement agency for the purpose
of investigating, or engaging in
enforcement proceedings based on,
possible violations of law by a bank, a
savings and loan institution described
in section 18(f)(3) of the Federal Trade
Commission Act (15 U.S.C. 57a(f)(3)), or
a Federal credit union described in
section 18(f)(4) of the Federal Trade
Commission Act (15 U.S.C. 57a(f)(4));
and
(D) The foreign law enforcement
agency is not from a foreign state that
the Secretary of State has determined, in
accordance with section 6(j) of the
Export Administration Act of 1979 (50
U.S.C. App. 2405(j)), has repeatedly
provided support for acts of
international terrorism, unless and until
such determination is rescinded
pursuant to section 6(j)(4) of that Act (50
U.S.C. App. 2405(j)(4)).
(4) A copy of the certificate described
in paragraph (j)(3) of this section will be
forwarded to the submitter of the
E:\FR\FM\23MYR1.SGM
23MYR1
28854
Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Rules and Regulations
information at the time the request is
granted unless the foreign law
enforcement agency requests that the
submitter not be notified.
(5) For purposes of this section:
(i) ‘‘Federal antitrust laws’’ and
‘‘foreign antitrust laws’’ are to be
interpreted as defined in paragraphs (5)
and (7), respectively, of section 12 of the
International Antitrust Enforcement
Assistance Act of 1994 (15 U.S.C. 6211);
and
(ii) ‘‘Foreign law enforcement agency’’
is defined as:
(A) Any agency or judicial authority
of a foreign government, including a
foreign state, a political subdivision of
a foreign state, or a multinational
organization constituted by and
comprised of foreign states, that is
vested with law enforcement or
investigative authority in civil, criminal,
or administrative matters and
(B) Any multinational organization, to
the extent that it is acting on behalf of
an entity described in paragraph
(j)(5)(i)(A) of this section.
Background
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E7–9966 Filed 5–22–07; 8:45 am]
I Par. 2. Section 1.415(b)–1 is amended
by revising paragraph (c)(5)(i)(A), and
the second sentence of paragraph (c)(6)
Example 6, paragraph (iv). The revisions
read as follows:
BILLING CODE 6750–01–P
The final regulations that are the
subject of this document are under
sections 401(a), 401(a)(4), 401(a)(9),
401(k), 402, 414(s), 415, 416, 457, and
924 of the Internal Revenue Code.
Need for Correction
As published, final regulations (TD
9319) contain errors that may prove to
be misleading and are in need of
clarification.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
§ 1.457–5 Individual limitation for
combined annual deferrals under multiple
eligible plans.
*
Correction of Publication
Accordingly, 26 CFR part 1 is
corrected by making the following
correcting amendments:
I
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 continues to read as follows:
I
Authority: 26 U.S.C. 7805 * * *
§ 1.415(b)–1
plans.
DEPARTMENT OF THE TREASURY
*
*
*
*
(c) * * *
(5) * * *
(i) * * *
(A) The benefit is paid in a form to
which section 417(e)(3) does not apply.
*
*
*
*
*
(6) * * *
26 CFR Part 1
[TD 9319]
RIN 1545–BD52
Limitations on Benefits and
Contributions Under Qualified Plans;
Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correcting amendments.
AGENCY:
This document contains
corrections to final regulations (TD
9319) that were published in the
Federal Register on Thursday, April 5,
2007 (72 FR 16878) regarding the
limitations of section 415, including
updates to the regulations for numerous
statutory changes since comprehensive
final regulations were last published
under section 415.
DATES: These correcting amendments
are effective May 23, 2007.
FOR FURTHER INFORMATION CONTACT:
Vernon S. Carter at (202) 622–6060 or
Linda S. F. Marshall at (202) 622–6090
(not toll-free numbers).
SUPPLEMENTARY INFORMATION:
cprice-sewell on PROD1PC71 with RULES
SUMMARY:
VerDate Aug<31>2005
15:35 May 22, 2007
Jkt 211001
Limitations for defined benefit
*
Internal Revenue Service
paragraph (c)(1) of this section, any
nontransferred benefits provided under
plans maintained by the predecessor
employer with respect to a participant
whose benefits have been transferred to
the transferee plan.
*
*
*
*
*
I Par. 5. Section 1.457–5(d), Example 2,
paragraphs (ii) and (iii) are amended by
revising the third sentence of (ii) and all
of (iii) to read as follows:
Example 6. * * *
(iv) * * * With respect to the single-sum
distribution, the annual amount of the
actuarially equivalent straight life annuity
commencing at the same age determined
using the plan’s actuarial factors is equal to
$45,000. * * *
*
*
*
*
*
I Par. 3. Section 1.415(d)–1 is amended
by revising its heading to read as
follows:
§ 1.415(d)–1
Cost-of-living adjustments.
*
*
*
*
*
I Par. 4. Section 1.415(f)–1 is amended
by revising the last sentence of
paragraph (d)(1) to read as follows:
§ 1.415(f)–1
Aggregating plans.
*
*
*
*
*
(d) * * *
(1) * * * Instead, the transferee plan
takes into account the transferred
benefits that are actually provided
under the transferee plan (see
§ 1.415(b)–1(b)(3)(i)(C)) and, pursuant to
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
*
*
(d) * * *
*
*
Example 2. * * *
(ii) * * * Alternatively, Participant E
could instead elect to defer the following
combination of amounts: An aggregate total
of $15,000 to Plans X, Y, and Z, if no
contribution is made to Plan W; an aggregate
total of $20,000 to any of the four plans,
assuming at least $5,000 is contributed to
Plan W; or $22,000 to Plan W and none to
any of the other three plans.
(iii) * * * If the underutilized amount
under Plans W, X, and Y for year 2006 were
in each case zero (because E had always
contributed the maximum amount or E was
a new participant) or an amount not in excess
of $5,000, the maximum exclusion under this
section would be $20,000 for Participant E
for year 2006 ($15,000 plus the $5,000 age 50
catch-up amount), which Participant E could
contribute to any of the plans assuming at
least $5,000 is contributed to Plan W.
LaNita Van Dyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
[FR Doc. E7–9877 Filed 5–22–07; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9319]
RIN 1545–BD52
Limitations on Benefits and
Contributions Under Qualified Plans;
Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correction to final regulations.
AGENCY:
SUMMARY: This document contains a
correction to final regulations (TD 9319)
that were published in the Federal
Register on Thursday, April 5, 2007 (72
FR 16878) regarding the limitations of
section 415, including updates to the
regulations for numerous statutory
changes since comprehensive final
E:\FR\FM\23MYR1.SGM
23MYR1
]]>Agencies
[Federal Register Volume 72, Number 99 (Wednesday, May 23, 2007)]
[Rules and Regulations]
[Pages 28851-28854]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9966]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
16 CFR Part 4
Access Requests From Foreign Law Enforcement Agencies for
Consumer Protection Materials
AGENCY: Federal Trade Commission.
ACTION: Final rule amendment.
-----------------------------------------------------------------------
SUMMARY: The Federal Trade Commission is amending Rule 4.11 of its
Rules of Practice, which addresses disclosure requests, to add a new
provision, Rule 4.11(j). The new provision conforms the agency's rules
to its authority to share confidential information in non-antitrust
matters with foreign law enforcers, with appropriate confidentiality
assurances and subject to certain restrictions, as provided for under
the recently-enacted U.S. SAFE WEB Act of 2006, Pub. L. No. 109-455,
120 Stat. 3372 (2006). The Commission is also amending Rules 4.10(d)
and (e), which describe certain materials subject to prohibitions on
disclosures and exceptions for specified circumstances, to cross-
reference the new Rule 4.11(j).
DATES: Effective Date: May 23, 2007.
FOR FURTHER INFORMATION CONTACT: Joannie T. Wei, Attorney, Office of
the General Counsel, Federal Trade Commission, 600 Pennsylvania Avenue,
NW., Washington, DC 20580, (202) 326-2840, jwei@ftc.gov.
SUPPLEMENTARY INFORMATION: The Undertaking Spam, Spyware and Fraud
Enforcement With Enforcers beyond Borders Act of 2006 (U.S. SAFE WEB
Act), Pub. L. No. 109-455, 120 Stat. 3372 (2006), was enacted to
enhance the Federal Trade Commission's enforcement activities against a
range of practices that harm U.S. consumers, including illegal spam,
spyware, cross-border fraud and deception, misleading health and safety
advertising, privacy and security breaches, and other law violations.
The practices the FTC enforces against are increasingly global in
nature, and the U.S. SAFE WEB Act improves the FTC's ability to
cooperate with its foreign counterparts to combat such practices.
Authority to share certain materials with foreign law enforcement
agencies. Information sharing is one area in which the U.S. SAFE WEB
Act strengthens the
[[Page 28852]]
Commission's authority to cooperate with its foreign counterparts.
Sections 4 and 6 of the U.S. SAFE WEB Act amend sections 6(f) and
21(b)(6) of the Federal Trade Commission Act to allow the Commission to
share certain confidential and compelled information in its files with
foreign law enforcement agencies.\1\ 15 U.S.C. 46(f), 57b-2(b)(6).
These sections of the U.S. SAFE WEB Act do not provide authority for
the disclosure of material obtained in connection with the
administration of the Federal antitrust laws or foreign antitrust laws
(as defined in paragraphs (5) and (7), respectively, of section 12 of
the International Antitrust Enforcement Assistance Act of 1994 (15
U.S.C. 6211)). 15 U.S.C. 57b-2(b)(6).
---------------------------------------------------------------------------
\1\ ``Foreign law enforcement agency'' means--(1) any agency or
judicial authority of a foreign government, including a foreign
state, a political subdivision of a foreign state, or a
multinational organization constituted by and comprised of foreign
states, that is vested with law enforcement or investigate authority
in civil, criminal, or administrative matters; and (ii) any
multinational organization, to the extent that it is acting on
behalf of an entity described in paragraph (i). 15 U.S.C. 44.
---------------------------------------------------------------------------
The Commission's disclosure authority under the U.S. SAFE WEB Act
is subject to appropriate limitations and assurances. Under section 6
of the statute, the Commission must obtain certification from an
appropriate official of the foreign law enforcement agency, either by
prior agreement or memorandum of understanding or by other written
certification, that such material will be maintained in confidence and
will only be used for official law enforcement purposes. 15 U.S.C. 57b-
2(b)(6). The foreign law enforcement agency must have set forth a bona
fide legal basis for its authority to maintain the material in
confidence. In addition, the foreign law enforcement agency must be
using the materials for purposes of investigating or engaging in
enforcement proceedings related to possible violations of: (1) Foreign
laws prohibiting fraudulent or deceptive practices or other practices
substantially similar to practices prohibited by any law administered
by the Commission; (2) a law administered by the Commission if
disclosure would further a Commission investigation or proceeding; or
(3) with the approval of the Attorney General, other foreign criminal
laws that are encompassed in an applicable mutual legal assistance
treaty. 15 U.S.C. 57b-2(b)(6)(A), 57b-2(b)(6)(B).
If the materials to be provided to the foreign law enforcement
agency are requested for the purpose of investigating or engaging in
enforcement proceedings based on possible violations by a bank, savings
and loan institution, or Federal credit union, the material will not be
disclosed unless the appropriate Federal banking agency, or the
National Credit Union Administration in the case of a Federal credit
union, has given its prior approval. 15 U.S.C. 57b-2(b)(6)(C).
Further, section 6 of the U.S. SAFE WEB Act does not permit
disclosure to foreign law enforcement agencies from foreign states that
the Secretary of State has determined, in accordance with section 6(j)
of the Export Administration Act of 1979, 50 U.S.C. App. 2405, have
repeatedly provided support for acts of international terrorism, unless
and until such determination has been rescinded pursuant to section
6(j)(4) of that Act, 50 U.S.C. App. 2405(j)(4).
Rule provisions. To implement this new authority under the U.S.
SAFE WEB Act, the Commission's Rules of Practice have been amended to
create a new provision, Rule 4.11(j), that delineates the internal
procedure for handling requests from foreign law enforcement agencies
for nonpublic material other than material subject to disclosure
pursuant to other delegations. Rule 4.11(j) is not intended to
supersede existing Commission delegations or to preclude additional
future delegations, subject to any statutory constraints.
The new provision, Rule 4.11(j), generally adopts the procedures of
the current Rule 4.11(c) (sharing confidential information with Federal
and State law enforcement agencies), and incorporates the requirements
and restrictions of the U.S. SAFE WEB Act. Under the new provision,
requests for nonpublic records from foreign law enforcement agencies
will be addressed to the Director of the Office of International
Affairs or the Director's designee. For any material requested that is
subject to the disclosure restrictions in sections 6(f) \2\ or 21(b)
\3\ of the FTC Act or Rule 4.10(d) of the Commission's Rules of
Practice,\4\ the Director or the Director's designee will obtain any
certification required by the U.S. SAFE WEB Act from an appropriate
official of such foreign law enforcement agency. Rule 4.11(j)(3)
establishes the requirements for access to such material in accordance
with the U.S. SAFE WEB Act. The Director will then, with approval of
the Bureau of Consumer Protection, forward the requests to the General
Counsel with recommendations for disposition. The General Counsel or
the General Counsel's designee is delegated the authority to dispose of
the requests in accordance with the requirements of the U.S. SAFE WEB
Act. Under Rule 4.11(j), the General Counsel may refer such requests to
the Commission for determination, and must do so when the Bureau of
Consumer Protection or the Office of International Affairs do not agree
with the General Counsel's proposed disposition.
---------------------------------------------------------------------------
\2\ Section 6(f) of the FTC Act protects from public disclosure
``any trade secret or any commercial or financial information which
is obtained from any person and which is privileged or
confidential,'' except in certain specified circumstances. 15 U.S.C.
46(f).
\3\ Section 21(b) of the FTC Act protects from public disclosure
material received by the Commission ``pursuant to compulsory process
in an investigation, a purpose of which is to determine whether any
person may have violated any provision of the laws administered by
the Commission,'' except in certain specified circumstances. 15
U.S.C. 57b-2(b).
\4\ In addition to the two categories listed above, Rule 4.10(d)
also protects from mandatory disclosure under the Freedom of
Information Act, 5 U.S.C. 552, material submitted to the Commission
voluntarily in lieu of compulsory process in a law enforcement
investigation and marked or otherwise identified as confidential. 16
CFR 4.10(d).
---------------------------------------------------------------------------
The Commission has also amended Rules 4.10(d) and (e) of its Rules
of Practice, which describe materials that the Commission generally
cannot make public at all or can make public only after finding the
material is not confidential and giving ten days' notice to the
submitter. These provisions also set forth exceptions to these
restrictions, including, inter alia, certain disclosures to Federal and
State law enforcement agencies. Rules 4.10(d) and (e) have been amended
to include disclosure to foreign law enforcement agencies pursuant to
the new Rule 4.11(j) as a specifically stated exception.
The amendments to Rules 4.10(d) and (e) and Rule 4.11(j)(3) will
apply to all material that is subject to the disclosure restrictions in
sections 6(f) and 21(b) of the FTC Act or in Rule 4.10(d) of the
Commission's Rules of Practice, and that was submitted to the
Commission on or after December 22, 2006, the date of enactment of the
U.S. SAFE WEB Act.
Procedural matters. These amendments adopted herein will reconcile
the Commission's rules with existing agency memoranda of understanding
(MOUs), under which the Commission has an obligation to use its best
efforts to share relevant consumer protection law enforcement material
requested by applicable foreign agencies to the extent consistent with
national laws, international obligations, enforcement policies and
other important interests. Under these MOUs, the Commission has the
implied obligation to implement any internal procedures required to
allow the Commission to take into account all applicable laws,
including the new U.S. SAFE WEB Act authority, in processing and
considering applicable foreign
[[Page 28853]]
agency requests for information. Because failure to make the proposed
amendments would impair the Commission's ability to meet its foreign
obligations, the amendments are exempt, by virtue of the foreign
affairs exemption to the Act, 5 U.S.C. 553(a)(1), from both the
Administrative Procedure Act's notice and comment requirement, 5 U.S.C.
553(b), and its restriction on the rules' effective date, 5 U.S.C.
553(d).
These amendments are also exempt from the notice and comment
requirement and effective date restriction of the Commission's Rules of
Practice by virtue of the good cause exceptions in Rules 1.26(b) and
1.26(e). 16 CFR 1.26(b), (e). In these circumstances, providing a
period of public comment would delay implementation of these rules and
is both unnecessary and contrary to the public interest.\5\
---------------------------------------------------------------------------
\5\ See Int'l Brotherhood of Teamsters v. Pe[ntilde]a, 17 F. 3d
1478 (D.C. Cir. 1994) (applying APA foreign affairs exemption and
good cause exception of agency rule).
---------------------------------------------------------------------------
Finally, these amendments are not a collection of information for
purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and
are not subject to the requirements of the Regulatory Flexibility Act,
5 U.S.C. 601(2).
List of Subjects in 16 CFR Part 4
Administrative practice and procedure, Freedom of Information Act,
Sunshine Act.
0
For the reasons set forth in the preamble, the Federal Trade Commission
amends Title 16, chapter I, subchapter A, of the Code of Federal
Regulations as follows:
Subchapter A--Organization, Procedures, And Rules Of Practice
PART 4--MISCELLANEOUS RULES
0
1. The authority citation for part 4 continues to read as follows:
Authority: 15 U.S.C. 46, unless otherwise noted.
0
2. Amend Sec. 4.10 by revising paragraphs (d) and (e) to read as
follows:
Sec. 4.10 Nonpublic material.
* * * * *
(d) Except as provided in paragraphs (f) or (g) of this section or
in Sec. 4.11(b), (c), (d), (i), or (j), no material that is marked or
otherwise identified as confidential and that is within the scope of
Sec. 4.10(a)(8), and no material within the scope of Sec. 4.10(a)(9)
that is not otherwise public, will be made available without the
consent of the person who produced the material, to any individual
other than a duly authorized officer or employee of the Commission or a
consultant or contractor retained by the Commission who has agreed in
writing not to disclose the information. All other Commission records
may be made available to a requester under the procedures set forth in
Sec. 4.11 or may be disclosed by the Commission except where
prohibited by law.
(e) Except as provided in paragraphs (f) or (g) of this section or
in Sec. 4.11(b), (c), (d), (i), or (j), material not within the scope
of Sec. 4.10(a)(8) or Sec. 4.10(a)(9) that is received by the
Commission and is marked or otherwise identified as confidential may be
disclosed only if it is determined that the material is not within the
scope of Sec. 4.10(a)(2), and the submitter is provided at least ten
days notice of the intent to disclose the material.
* * * * *
0
3. Amend Sec. 4.11 by adding a new paragraph (j) to the end that reads
as follows:
Sec. 4.11 Disclosure requests.
* * * * *
(j)(1) The procedures specified in this section apply to
disclosures of certain records to foreign law enforcement agencies in
specified circumstances in accordance with the U.S. SAFE WEB Act of
2006. Nothing in this section authorizes the disclosure of material
obtained in connection with the administration of the Federal antitrust
laws or foreign antitrust laws, as defined in paragraph (j)(5)(i) of
this section.
(2) Requests from foreign law enforcement agencies, as defined in
paragraph (j)(5)(ii) of this section, for nonpublic records shall be
addressed to the Director of the Office of International Affairs or the
Director's designee, who shall forward them to the General Counsel with
recommendations for disposition after obtaining any required
certification described in paragraph (j)(3) of this section and
approval of the Bureau of Consumer Protection. With respect to requests
under this paragraph, the General Counsel or the General Counsel's
designee is delegated the authority to dispose of them. Alternatively,
the General Counsel may refer such requests to the Commission for
determination, except that requests must be referred to the Commission
for determination where the Bureau of Consumer Protection or the Office
of International Affairs disagrees with the General Counsel's proposed
disposition.
(3) Access under this section to any material subject to the
disclosure restrictions in sections 6(f) or 21(b) of the FTC Act or
Sec. 4.10(d) may not be granted unless--
(i) An appropriate official of the foreign law enforcement agency
has certified, either by prior agreement or memorandum of understanding
or by other written certification, that such material will be
maintained in confidence and will be used only for official law
enforcement purposes; and
(ii)(A) The foreign law enforcement agency has set forth a bona
fide legal basis for its authority to maintain the material in
confidence;
(B) The materials are to be used for purposes of investigating, or
engaging in enforcement proceedings related to, possible violations of:
(1) Foreign laws prohibiting fraudulent or deceptive commercial
practices, or other practices substantially similar to practices
prohibited by any law administered by the Commission;
(2) A law administered by the Commission, if disclosure of the
material would further a Commission investigation or enforcement
proceeding; or
(3) With the approval of the Attorney General, other foreign
criminal laws, if such foreign criminal laws are offenses defined in or
covered by a criminal mutual legal assistance treaty in force between
the government of the United States and the foreign law enforcement
agency's government;
(C) The appropriate Federal banking agency, (as defined in section
3(q) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)) or, in
the case of a Federal credit union, the National Credit Union
Administration has given its prior approval if the materials to be
provided under paragraph (j)(3)(ii)(B) of this section are requested by
the foreign law enforcement agency for the purpose of investigating, or
engaging in enforcement proceedings based on, possible violations of
law by a bank, a savings and loan institution described in section
18(f)(3) of the Federal Trade Commission Act (15 U.S.C. 57a(f)(3)), or
a Federal credit union described in section 18(f)(4) of the Federal
Trade Commission Act (15 U.S.C. 57a(f)(4)); and
(D) The foreign law enforcement agency is not from a foreign state
that the Secretary of State has determined, in accordance with section
6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)),
has repeatedly provided support for acts of international terrorism,
unless and until such determination is rescinded pursuant to section
6(j)(4) of that Act (50 U.S.C. App. 2405(j)(4)).
(4) A copy of the certificate described in paragraph (j)(3) of this
section will be forwarded to the submitter of the
[[Page 28854]]
information at the time the request is granted unless the foreign law
enforcement agency requests that the submitter not be notified.
(5) For purposes of this section:
(i) ``Federal antitrust laws'' and ``foreign antitrust laws'' are
to be interpreted as defined in paragraphs (5) and (7), respectively,
of section 12 of the International Antitrust Enforcement Assistance Act
of 1994 (15 U.S.C. 6211); and
(ii) ``Foreign law enforcement agency'' is defined as:
(A) Any agency or judicial authority of a foreign government,
including a foreign state, a political subdivision of a foreign state,
or a multinational organization constituted by and comprised of foreign
states, that is vested with law enforcement or investigative authority
in civil, criminal, or administrative matters and
(B) Any multinational organization, to the extent that it is acting
on behalf of an entity described in paragraph (j)(5)(i)(A) of this
section.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E7-9966 Filed 5-22-07; 8:45 am]
BILLING CODE 6750-01-P
