Statutory Delays of Notifications and Prohibitions of Disclosure, 54690-54691 [2011-22593]

Download as PDF 54690 Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Rules and Regulations from 1,200 feet above the surface within an area described by a line beginning at lat. 23°29′24″ N., long. 158°54′07″ W.; thence east to lat. 22°30′18″ N., long. 155°48′43″ W.; to lat. 20°59′57″ N., long. 153°51′58″ W.; thence clockwise along the 100-mile radius of the Hilo VORTAC to lat. 19°00′00″ N., long. 153°25′14″ W.; thence west to lat. 19°00′00″ N., long. 157°42′33″ W.; to lat. 20°26′57″ N., long. 160°24′57″ W.; thence clockwise along the 100-mile radius of the South Kauai VORTAC to the point of beginning. Issued in Seattle, Washington, on August 17, 2011. Christine Mellon, Acting Manager, Operations Support Group, Western Service Center. [FR Doc. 2011–22243 Filed 9–1–11; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2011–0394; Airspace Docket No. 11–ASO–17] Amendment of Class E Airspace; Clemson, SC Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action amends Class E Airspace at Clemson, SC, as a runway extension requires amended Standard Instrument Approach Procedures at Oconee County Regional Airport. This action enhances the safety and airspace management of Instrument Flight Rules (IFR) operations within the National Airspace System. This action also changes the airport name. DATES: Effective 0901 UTC, October 20, 2011. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. SUMMARY: John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305–6364. SUPPLEMENTARY INFORMATION: erowe on DSK5CLS3C1PROD with RULES FOR FURTHER INFORMATION CONTACT: History On July 1, 2011, the FAA published in the Federal Register a notice of proposed rulemaking to amend Class E airspace at Clemson, SC (76 FR 38582) Docket No. FAA–2011–0394. Interested parties were invited to participate in VerDate Mar<15>2010 13:31 Sep 01, 2011 Jkt 223001 this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Class E airspace designations are published in paragraph 6005 of FAA Order 7400.9U dated August 18, 2010, and effective September 15, 2010, which is incorporated by reference in 14 CFR Part 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order. The Rule This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 amends Class E airspace extending upward from 700 feet above the surface at Clemson, SC, to support new Standard Instrument Approach Procedures at Oconee County Regional Airport. This action is necessary for the safety and management of IFR operations at the airport. This action also recognizes the airport name change from Clemson-Oconee County Airport to Oconee County Regional Airport, Clemson, SC. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current, is non-controversial and unlikely to result in adverse or negative comments. It, therefore, (1) is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, part A, subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 it amends controlled airspace at Oconee County Regional Airport, Clemson, SC. Lists of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9U, Airspace Designations and Reporting Points, dated August 18, 2010, effective September 15, 2010, is amended as follows: ■ Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the Earth. * * * * * ASO SC E5 Clemson, SC [Amended] Oconee County Regional Airport, SC (Lat. 34°40′19″ N., long. 82°53′12″ W.) That airspace extending upward from 700 feet above the surface within a 7.5-mile radius of Oconee County Regional Airport. Issued in College Park, Georgia, on August 19, 2011. Mark D. Ward, Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization. [FR Doc. 2011–22314 Filed 9–1–11; 8:45 am] BILLING CODE 4910–13–P FEDERAL TRADE COMMISSION 16 CFR Part 2 Statutory Delays of Notifications and Prohibitions of Disclosure Federal Trade Commission. Final rule. AGENCY: ACTION: The Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’) is establishing an internal procedure for delegating its authority to seek court orders to delay notification and prohibit disclosure of Commission compulsory process under the Right to Financial Privacy Act (RFPA), the Electronic SUMMARY: E:\FR\FM\02SER1.SGM 02SER1 Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Rules and Regulations Communications Privacy Act (ECPA), and the U.S. SAFE WEB Act (‘‘SAFE WEB’’). This procedure is intended to make the process for seeking such orders more administratively efficient. DATES: This final rule is effective September 2, 2011. FOR FURTHER INFORMATION CONTACT: Alex Tang, atang@ftc.gov, 202–326–2447; or W. Ashley Gum, wgum@ftc.gov, 202– 326–3006; Federal Trade Commission, Office of the General Counsel, 600 Pennsylvania Avenue NW., Washington, DC 20580. SUPPLEMENTARY INFORMATION: The RFPA and the ECPA require the FTC, in certain cases, to notify customers when seeking their records from financial institutions or service providers subject to those statutes in the Commission’s law enforcement investigations and proceedings. See 12 U.S.C. 3405 (RFPA); 18 U.S.C. 2703(b)(1)(B) (ECPA). These statutes, and SAFE WEB, also authorize the filing of an application seeking an order to delay such notification and to prohibit the recipient of the agency’s compulsory process from disclosing that the FTC has requested or received the records, where such notice or disclosure would jeopardize the FTC’s investigation. See 12 U.S.C. 3409 (RFPA); 18 U.S.C. 2705 (ECPA); see also 15 U.S.C. 57b–2a(b) (SAFE WEB). In cases where these statutes do not require customer notification, SAFE WEB separately authorizes the FTC to seek an order prohibiting the recipient of FTC compulsory process from disclosing the existence of such process to any person. See 15 U.S.C. 57b–2a(c). Under this final rule, delegating the Commission’s authority pursuant to Reorganization Plan No. 4 of 1961, 26 FR 6191, either an individual Commissioner or the General Counsel may authorize the staff to file actions seeking delay of notification and prohibition of disclosure under the statutes cited above. This delegation will facilitate the Commission’s exercise of this authority and, as solely a matter of internal agency administration, is not intended to confer any enforceable right, privilege, or benefit on behalf of any person. erowe on DSK5CLS3C1PROD with RULES Procedural Requirements A. Administrative Procedure Act The FTC has determined that publication of this rule without prior notice and the opportunity for public comment is warranted because this is a rule of agency procedure and practice and therefore is exempt from notice and comment rulemaking requirements of the Administrative Procedure Act, 5 U.S.C. 553(b)(A). Because it is a non- VerDate Mar<15>2010 13:31 Sep 01, 2011 Jkt 223001 54691 substantive rule, the Commission shall make the rule effective immediately upon publication. See 5 U.S.C. 553(d)(2). DEPARTMENT OF HOMELAND SECURITY B. Regulatory Flexibility Act DEPARTMENT OF THE TREASURY Because the Commission has determined that it may issue this rule without public comment, the Commission is also not required to publish any initial or final regulatory flexibility analysis under the Regulatory Flexibility Act as part of such action. See 5 U.S.C. 601(2), 604(a). C. Paperwork Reduction Act of 1995 The final rule is not subject to the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) because it does not contain any new information collection requirements. List of Subjects in 16 CFR Part 2 Administrative practice and procedure. For the reasons set forth above, the Federal Trade Commission is amending Subpart A of part 2 of title 16, Code of Federal Regulations, as follows: PART 2—NONADJUDICATIVE PROCEDURES 1. The authority citation for part 2 continues to read as follows: ■ Authority: 15 U.S.C. 46, unless otherwise noted. Subpart A—Inquiries; Investigations; Compulsory Processes ■ 2. Add § 2.17 to read as follows: § 2.17 Statutory delays of notifications and prohibitions of disclosure. Upon authorization by the Commissioner who issues compulsory process pursuant to § 2.7(a) or, alternatively, upon authorization by the General Counsel, Commission attorneys may seek to delay notifications or prohibit disclosures pursuant to the Right to Financial Privacy Act (12 U.S.C. 3409), the Electronic Communications Privacy Act (18 U.S.C. 2705), or section 7 of the U.S. SAFE WEB Act (15 U.S.C. 57b–2a). By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2011–22593 Filed 9–1–11; 8:45 am] BILLING CODE 6750–01–P PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 U.S. Customs and Border Protection 19 CFR Part 102 [USCBP–2007–0100; CBP Dec. 11–18] RIN 1515–AD53 (Formerly RIN 1505–AB49) Rules of Origin for Imported Merchandise Customs and Border Protection, Department of Homeland Security; Department of the Treasury. ACTION: Final rule. AGENCIES: This document adopts as a final rule that portion of a notice of proposed rulemaking, published in the Federal Register on July 25, 2008, that proposed amendments to the country of origin rules codified in part 102 of the Customs and Border Protection (CBP) regulations applicable to pipe fittings and flanges, greeting cards, glass optical fiber, rice preparations, and certain textile and apparel products. However, this document is not adopting as a final rule the portion of the notice that proposed amendments to the CBP regulations to establish uniform rules governing CBP determinations of the country of origin of imported merchandise. CBP is not adopting the uniform rules of origin proposal so as to permit further consideration of relevant issues involved in the proposal. DATES: This rule is effective October 3, 2011. FOR FURTHER INFORMATION CONTACT: Monika Brenner, Chief, Valuation and Special Programs Branch, Regulations and Rulings, Office of International Trade, (202) 325–0038. SUPPLEMENTARY INFORMATION: SUMMARY: Background Discussion of Proposals On July 25, 2008, Customs and Border Protection (CBP) published in the Federal Register (73 FR 43385) a notice of proposed rulemaking (NPRM) that proposed amendments to the CBP regulations relating to the application of the country of origin rules codified in part 102 of the CBP regulations (19 CFR part 102). Uniform Rules of Origin The notice of proposed rulemaking, in part, proposed amendments to the CBP regulations to extend application of the rules of origin codified in part 102 to all country of origin determinations made E:\FR\FM\02SER1.SGM 02SER1

Agencies

[Federal Register Volume 76, Number 171 (Friday, September 2, 2011)]
[Rules and Regulations]
[Pages 54690-54691]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22593]


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FEDERAL TRADE COMMISSION

16 CFR Part 2


Statutory Delays of Notifications and Prohibitions of Disclosure

AGENCY: Federal Trade Commission.

ACTION: Final rule.

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

SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') is 
establishing an internal procedure for delegating its authority to seek 
court orders to delay notification and prohibit disclosure of 
Commission compulsory process under the Right to Financial Privacy Act 
(RFPA), the Electronic

[[Page 54691]]

Communications Privacy Act (ECPA), and the U.S. SAFE WEB Act (``SAFE 
WEB''). This procedure is intended to make the process for seeking such 
orders more administratively efficient.

DATES: This final rule is effective September 2, 2011.

FOR FURTHER INFORMATION CONTACT: Alex Tang, atang@ftc.gov, 202-326-
2447; or W. Ashley Gum, wgum@ftc.gov, 202-326-3006; Federal Trade 
Commission, Office of the General Counsel, 600 Pennsylvania Avenue NW., 
Washington, DC 20580.

SUPPLEMENTARY INFORMATION: The RFPA and the ECPA require the FTC, in 
certain cases, to notify customers when seeking their records from 
financial institutions or service providers subject to those statutes 
in the Commission's law enforcement investigations and proceedings. See 
12 U.S.C. 3405 (RFPA); 18 U.S.C. 2703(b)(1)(B) (ECPA). These statutes, 
and SAFE WEB, also authorize the filing of an application seeking an 
order to delay such notification and to prohibit the recipient of the 
agency's compulsory process from disclosing that the FTC has requested 
or received the records, where such notice or disclosure would 
jeopardize the FTC's investigation. See 12 U.S.C. 3409 (RFPA); 18 
U.S.C. 2705 (ECPA); see also 15 U.S.C. 57b-2a(b) (SAFE WEB). In cases 
where these statutes do not require customer notification, SAFE WEB 
separately authorizes the FTC to seek an order prohibiting the 
recipient of FTC compulsory process from disclosing the existence of 
such process to any person. See 15 U.S.C. 57b-2a(c).
    Under this final rule, delegating the Commission's authority 
pursuant to Reorganization Plan No. 4 of 1961, 26 FR 6191, either an 
individual Commissioner or the General Counsel may authorize the staff 
to file actions seeking delay of notification and prohibition of 
disclosure under the statutes cited above. This delegation will 
facilitate the Commission's exercise of this authority and, as solely a 
matter of internal agency administration, is not intended to confer any 
enforceable right, privilege, or benefit on behalf of any person.

Procedural Requirements

A. Administrative Procedure Act

    The FTC has determined that publication of this rule without prior 
notice and the opportunity for public comment is warranted because this 
is a rule of agency procedure and practice and therefore is exempt from 
notice and comment rulemaking requirements of the Administrative 
Procedure Act, 5 U.S.C. 553(b)(A). Because it is a non-substantive 
rule, the Commission shall make the rule effective immediately upon 
publication. See 5 U.S.C. 553(d)(2).

B. Regulatory Flexibility Act

    Because the Commission has determined that it may issue this rule 
without public comment, the Commission is also not required to publish 
any initial or final regulatory flexibility analysis under the 
Regulatory Flexibility Act as part of such action. See 5 U.S.C. 601(2), 
604(a).

C. Paperwork Reduction Act of 1995

    The final rule is not subject to the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.) because it does not contain any new information 
collection requirements.

List of Subjects in 16 CFR Part 2

    Administrative practice and procedure.

    For the reasons set forth above, the Federal Trade Commission is 
amending Subpart A of part 2 of title 16, Code of Federal Regulations, 
as follows:

PART 2--NONADJUDICATIVE PROCEDURES

0
1. The authority citation for part 2 continues to read as follows:

    Authority:  15 U.S.C. 46, unless otherwise noted.

Subpart A--Inquiries; Investigations; Compulsory Processes

0
2. Add Sec.  2.17 to read as follows:


Sec.  2.17  Statutory delays of notifications and prohibitions of 
disclosure.

    Upon authorization by the Commissioner who issues compulsory 
process pursuant to Sec.  2.7(a) or, alternatively, upon authorization 
by the General Counsel, Commission attorneys may seek to delay 
notifications or prohibit disclosures pursuant to the Right to 
Financial Privacy Act (12 U.S.C. 3409), the Electronic Communications 
Privacy Act (18 U.S.C. 2705), or section 7 of the U.S. SAFE WEB Act (15 
U.S.C. 57b-2a).

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2011-22593 Filed 9-1-11; 8:45 am]
BILLING CODE 6750-01-P