Rule Concerning the Use of Prenotification Negative Option Plans, 40121-40122 [E9-19123]

Download as PDF Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Proposed Rules 13. In Supplement No. 1 to part 774, Category 3 add a note to the end of ECCN 3A981 to read as follows: 3A981 Polygraphs (except biomedical recorders designed for use in medical facilities for monitoring biological and neurophysical responses); fingerprint analyzers, cameras and equipment, n.e.s.; automated fingerprint and identification retrieval systems, n.e.s.; psychological stress analysis equipment; electronic monitoring restraint devices; and specially designed parts and accessories, n.e.s. * * * * * List of Items Controlled Unit: * * * Related Controls: See ECCN 0A982 for other types of restraint devices. Related Definitions: * * * Items: * * * Note to ECCN 3A981. In this ECCN, electronic monitoring restraint devices are devices used to record or report the location of confined persons for law enforcement or penal reasons. The term does not include devices that confine memory impaired patients to appropriate medical facilities. Dated: August 5, 2009. Matthew S. Borman, Acting Assistant Secretary for Export Administration. [FR Doc. E9–19099 Filed 8–10–09; 8:45 am] BILLING CODE 3510–33–P FEDERAL TRADE COMMISSION 16 CFR Part 425 Rule Concerning the Use of Prenotification Negative Option Plans srobinson on DSKHWCL6B1PROD with PROPOSALS AGENCY: Federal Trade Commission (FTC or Commission) ACTION: Re-opening the record for submission of public comments. SUMMARY: The FTC re-opens the time period for filing public comments in response to its Advance Notice of Proposed Rulemaking and Request for Public Comments for sixty (60) days. DATES: Written comments must be received on or before October 13, 2009. ADDRESSES: Interested parties are invited to submit written comments. Comments should refer to ‘‘Prenotification Negative Option Rule Review, Matter No. P064202’’ to facilitate the organization of comments. Please note that your comment – including your name and your state – will be placed on the public record of this proceeding, including on the publicly accessible FTC website, at (http://www.ftc.gov/os/ publiccomments.shtm). Because comments will be made public, they should not include any VerDate Nov<24>2008 18:32 Aug 10, 2009 Jkt 217001 sensitive personal information, such as an individual’s Social Security Number; date of birth; driver’s license number or other state identification number, or foreign country equivalent; passport number; financial account number; or credit or debit card number. Comments also should not include any sensitive health information, such as medical records or other individually identifiable health information. In addition, comments should not include any ‘‘[t]rade secret or any commercial or financial information which is obtained from any person and which is privileged or confidential,’’ as provided in Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and Commission Rule 4.10(a)(2), 16 CFR 4.10(a)(2). Comments containing material for which confidential treatment is requested must be filed in paper form and clearly labeled ‘‘Confidential.’’ 1 Because paper mail addressed to the FTC is subject to delay due to heightened security screening, please consider submitting your comments in electronic form. Comments filed in electronic form should be submitted by using the following weblink: (https:// secure.commentworks.com/ftcNegativeOptionRuleANPR) (and following the instructions on the webbased form). To ensure that the Commission considers an electronic comment, you must file it on the webbased form at the weblink (https:// secure.commentworks.com/ftcNegativeOptionRuleANPR). If this Notice appears at (http:// www.regulations.gov/search/index.jsp), you may also file an electronic comment through that website. The Commission will consider all comments that regulations.gov forwards to it. You may also visit the FTC website at (http:// www.ftc.gov) to read the Notice and the news release describing it. A comment filed in paper form should include the ‘‘Prenotification Negative Option Rule Review, Matter No. P064202’’ reference both in the text and on the envelope, and should be mailed or delivered to the following address: Federal Trade Commission/ Office of the Secretary, Room H–135 (Annex Q), 600 Pennsylvania Avenue, N.W., Washington, DC. 20580. The FTC is requesting that any comment filed in paper form be sent by courier or 1The comment must also be accompanied by an explicit request for confidential treatment, including the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. The request will be granted or denied by the Commission’s General Counsel, consistent with applicable law and the public interest. See Commission Rule 4.9(c), 16 CFR 4.9(c). PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 40121 overnight service, if possible, because U.S. postal mail in the Washington area and at the Commission is subject to delay due to heightened security precautions. The Federal Trade Commission Act (‘‘FTC Act’’) and other laws the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. The Commission will consider all timely and responsive public comments that it receives, whether filed in paper or electronic form. Comments received will be available to the public on the FTC website, to the extent practicable, at (http://www.ftc.gov/os/ publiccomments.shtm). As a matter of discretion, the Commission makes every effort to remove home contact information for individuals from the public comments it receives before placing those comments on the FTC website. More information, including routine uses permitted by the Privacy Act, may be found in the FTC’s privacy policy, at (http://www.ftc.gov/ftc/ privacy.shtm). FOR FURTHER INFORMATION CONTACT: Robin Rosen Spector, (202) 326–3740 or Matthew Wilshire, (202) 326–2976, Attorneys, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC. 20580. SUPPLEMENTARY INFORMATION: On May 14, 2009, the Commission published an Advance Notice of Proposed Rulemaking (‘‘Notice’’) seeking comment on the overall costs, benefits, necessity, and regulatory and economic impact of the FTC’s Trade Regulation Rule concerning ‘‘Use of Prenotification Negative Option Plans’’2 (‘‘Negative Option Rule’’ or ‘‘Rule’’). Currently, the Rule addresses only prenotification negative option plans for the delivery of merchandise. The Notice solicits comments on whether the Commission should expand the Rule to address additional negative option marketing categories and on the Rule’s costs and benefits. The notice designated July 27, 2009, as the deadline for filing public comments. Three parties filed requests for an extension of the comment period in this matter in mid-July. The Commonwealth of Pennsylvania, Office of Attorney General, Bureau of Consumer Protection, ‘‘along with several other states including without limitation, Vermont, Florida, Iowa and Colorado’’ (collectively ‘‘states’’) requested a 30day extension. The Broward County 274 FR 22720 (May 14, 2009). E:\FR\FM\11AUP1.SGM 11AUP1 srobinson on DSKHWCL6B1PROD with PROPOSALS 40122 Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Proposed Rules Licensing and Consumer Protection Division requested a 60-day extension. Finally, the American Association of Law Libraries (‘‘AALL’’) requested a 30day extension. These entities explain that extension of the comment period will allow them to provide more comprehensive comments. Specifically, the states explain that they are compiling data responsive to some of the Notice’s specific questions and that the data they collect may be relevant to the Commission’s decision on whether to expand the Negative Option Rule to cover additional types of negative option offers. Similarly, Broward County explains that it has received numerous complaints concerning trial conversion negative option offers that it believes demonstrate that an expansion of the Rule’s coverage is warranted. Finally, the AALL explains that it represents ‘‘more than 5000 law librarians who are institutional consumers of enormous amounts of legal and other published material,’’ and as such, are parties to many types of negative option plans. AALL states that it is requesting information from its membership regarding the Rule and an extension of the comment period would provide it with additional time to collect this data. All of this data would assist the Commission in evaluating the Rule’s effectiveness and determining whether there is reason to believe that unfair or deceptive acts or practices in non-Rule covered negative option marketing are ‘‘prevalent.’’ Moreover, the requested short extension of the comment period will not substantially delay the rulemaking process. The Commission is mindful of the need to deal with this matter expeditiously; however, it also recognizes that its Notice requests comments on complex issues and believes that extending the comment period to facilitate the creation of a more complete record outweighs any harm that might result from any delay. The requests for an extension of the comment period were filed close to the comment deadline; therefore, there was insufficient time to extend the comment period. Accordingly, the Commission has decided to re-open the comment period for sixty (60) days, until October 13, 2009, to allow for additional comment. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. E9–19123 Filed 8–10–09: 2:30 pm] BILLING CODE 6750–01–S VerDate Nov<24>2008 18:32 Aug 10, 2009 Jkt 217001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2009–0311; FRL–8941–7] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Revised Motor Vehicle Emission Budgets for the Scranton/ Wilkes-Barre 8-Hour Ozone Maintenance Area AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve the State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania for the purpose of amending the 8-hour ozone maintenance plan for the Scranton/ Wilkes-Barre 8-Hour Ozone Maintenance Area. This revision amends the maintenance plan’s 2009 and 2018 motor vehicle emissions budgets (MVEBs) by unequally dividing the overall MVEBs into three subregional MVEBs for each county comprising the area. In the Final Rules section of this Federal Register, EPA is approving the Commonwealth’s SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. DATES: Comments must be received in writing by September 10, 2009. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2009–0311 by one of the following methods: A. http://www.regulations.gov. Follow the on-line instructions for submitting comments. B. E-mail: febbo.carol@epa.gov. C. Mail: EPA–R03–OAR–2009–0311, Carol Febbo, Chief, Energy, Radiation and Indoor Environment Branch, Mailcode 3AP23, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previously listed EPA Region III address. Such PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R03–OAR–2009– 0311. EPA’s policy is that all comments received will be included in the public docket without change, and may be made available online at http: //www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http:// www.regulations.gov or e-mail. The http://www.regulations.gov Web site is an anonymous access system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through http:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the http:// www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in http:// www.regulations.gov or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the Commonwealth submittal are available at the Pennsylvania Department of Environmental Protection, Bureau of Air Quality, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania. E:\FR\FM\11AUP1.SGM 11AUP1

Agencies

[Federal Register Volume 74, Number 153 (Tuesday, August 11, 2009)]
[Proposed Rules]
[Pages 40121-40122]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19123]


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FEDERAL TRADE COMMISSION

16 CFR Part 425


Rule Concerning the Use of Prenotification Negative Option Plans

AGENCY: Federal Trade Commission (FTC or Commission)

ACTION: Re-opening the record for submission of public comments.

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

SUMMARY: The FTC re-opens the time period for filing public comments in 
response to its Advance Notice of Proposed Rulemaking and Request for 
Public Comments for sixty (60) days.

DATES: Written comments must be received on or before October 13, 2009.

ADDRESSES: Interested parties are invited to submit written comments. 
Comments should refer to ``Prenotification Negative Option Rule Review, 
Matter No. P064202'' to facilitate the organization of comments. Please 
note that your comment - including your name and your state - will be 
placed on the public record of this proceeding, including on the 
publicly accessible FTC website, at (http://www.ftc.gov/os/publiccomments.shtm).
    Because comments will be made public, they should not include any 
sensitive personal information, such as an individual's Social Security 
Number; date of birth; driver's license number or other state 
identification number, or foreign country equivalent; passport number; 
financial account number; or credit or debit card number. Comments also 
should not include any sensitive health information, such as medical 
records or other individually identifiable health information. In 
addition, comments should not include any ``[t]rade secret or any 
commercial or financial information which is obtained from any person 
and which is privileged or confidential,'' as provided in Section 6(f) 
of the FTC Act, 15 U.S.C. 46(f), and Commission Rule 4.10(a)(2), 16 CFR 
4.10(a)(2). Comments containing material for which confidential 
treatment is requested must be filed in paper form and clearly labeled 
``Confidential.'' \1\
---------------------------------------------------------------------------

    \1\The comment must also be accompanied by an explicit request 
for confidential treatment, including the factual and legal basis 
for the request, and must identify the specific portions of the 
comment to be withheld from the public record. The request will be 
granted or denied by the Commission's General Counsel, consistent 
with applicable law and the public interest. See Commission Rule 
4.9(c), 16 CFR 4.9(c).
---------------------------------------------------------------------------

    Because paper mail addressed to the FTC is subject to delay due to 
heightened security screening, please consider submitting your comments 
in electronic form. Comments filed in electronic form should be 
submitted by using the following weblink: (https://secure.commentworks.com/ftc-NegativeOptionRuleANPR) (and following the 
instructions on the web-based form). To ensure that the Commission 
considers an electronic comment, you must file it on the web-based form 
at the weblink (https://secure.commentworks.com/ftc-NegativeOptionRuleANPR). If this Notice appears at (http://www.regulations.gov/search/index.jsp), you may also file an electronic 
comment through that website. The Commission will consider all comments 
that regulations.gov forwards to it. You may also visit the FTC website 
at (http://www.ftc.gov) to read the Notice and the news release 
describing it.
    A comment filed in paper form should include the ``Prenotification 
Negative Option Rule Review, Matter No. P064202'' reference both in the 
text and on the envelope, and should be mailed or delivered to the 
following address: Federal Trade Commission/Office of the Secretary, 
Room H-135 (Annex Q), 600 Pennsylvania Avenue, N.W., Washington, DC. 
20580. The FTC is requesting that any comment filed in paper form be 
sent by courier or overnight service, if possible, because U.S. postal 
mail in the Washington area and at the Commission is subject to delay 
due to heightened security precautions.
    The Federal Trade Commission Act (``FTC Act'') and other laws the 
Commission administers permit the collection of public comments to 
consider and use in this proceeding as appropriate. The Commission will 
consider all timely and responsive public comments that it receives, 
whether filed in paper or electronic form. Comments received will be 
available to the public on the FTC website, to the extent practicable, 
at (http://www.ftc.gov/os/publiccomments.shtm). As a matter of 
discretion, the Commission makes every effort to remove home contact 
information for individuals from the public comments it receives before 
placing those comments on the FTC website. More information, including 
routine uses permitted by the Privacy Act, may be found in the FTC's 
privacy policy, at (http://www.ftc.gov/ftc/privacy.shtm).

FOR FURTHER INFORMATION CONTACT: Robin Rosen Spector, (202) 326-3740 or 
Matthew Wilshire, (202) 326-2976, Attorneys, Division of Enforcement, 
Bureau of Consumer Protection, Federal Trade Commission, 600 
Pennsylvania Avenue, NW., Washington, DC. 20580.

SUPPLEMENTARY INFORMATION: On May 14, 2009, the Commission published an 
Advance Notice of Proposed Rulemaking (``Notice'') seeking comment on 
the overall costs, benefits, necessity, and regulatory and economic 
impact of the FTC's Trade Regulation Rule concerning ``Use of 
Prenotification Negative Option Plans''\2\ (``Negative Option Rule'' or 
``Rule''). Currently, the Rule addresses only prenotification negative 
option plans for the delivery of merchandise. The Notice solicits 
comments on whether the Commission should expand the Rule to address 
additional negative option marketing categories and on the Rule's costs 
and benefits. The notice designated July 27, 2009, as the deadline for 
filing public comments.
---------------------------------------------------------------------------

    \2\74 FR 22720 (May 14, 2009).
---------------------------------------------------------------------------

    Three parties filed requests for an extension of the comment period 
in this matter in mid-July. The Commonwealth of Pennsylvania, Office of 
Attorney General, Bureau of Consumer Protection, ``along with several 
other states including without limitation, Vermont, Florida, Iowa and 
Colorado'' (collectively ``states'') requested a 30-day extension. The 
Broward County

[[Page 40122]]

Licensing and Consumer Protection Division requested a 60-day 
extension. Finally, the American Association of Law Libraries 
(``AALL'') requested a 30-day extension.
    These entities explain that extension of the comment period will 
allow them to provide more comprehensive comments. Specifically, the 
states explain that they are compiling data responsive to some of the 
Notice's specific questions and that the data they collect may be 
relevant to the Commission's decision on whether to expand the Negative 
Option Rule to cover additional types of negative option offers. 
Similarly, Broward County explains that it has received numerous 
complaints concerning trial conversion negative option offers that it 
believes demonstrate that an expansion of the Rule's coverage is 
warranted. Finally, the AALL explains that it represents ``more than 
5000 law librarians who are institutional consumers of enormous amounts 
of legal and other published material,'' and as such, are parties to 
many types of negative option plans. AALL states that it is requesting 
information from its membership regarding the Rule and an extension of 
the comment period would provide it with additional time to collect 
this data.
    All of this data would assist the Commission in evaluating the 
Rule's effectiveness and determining whether there is reason to believe 
that unfair or deceptive acts or practices in non-Rule covered negative 
option marketing are ``prevalent.'' Moreover, the requested short 
extension of the comment period will not substantially delay the 
rulemaking process. The Commission is mindful of the need to deal with 
this matter expeditiously; however, it also recognizes that its Notice 
requests comments on complex issues and believes that extending the 
comment period to facilitate the creation of a more complete record 
outweighs any harm that might result from any delay. The requests for 
an extension of the comment period were filed close to the comment 
deadline; therefore, there was insufficient time to extend the comment 
period. Accordingly, the Commission has decided to re-open the comment 
period for sixty (60) days, until October 13, 2009, to allow for 
additional comment.
    By direction of the Commission.

Donald S. Clark,
Secretary.
[FR Doc. E9-19123 Filed 8-10-09: 2:30 pm]
BILLING CODE 6750-01-S