Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Proposed Rules 1731 

district’s Board seat. Grower and 

handler nominations must follow the 

petition procedures outlined in 

paragraphs (b)(1) and (b)(2) of this 

section. 

* * * * * 

(c) * * * 

(3)(i) * * * 

(ii) To be seated as a handler 

representative in any district, the 

successful candidate must receive the 

support of handler(s) that handled a 

combined total of no less than five 

percent (5%), of the average production, 

as that term is used in § 930.20, handled 

in the district; Provided, that this 

paragraph shall not apply if its 

application would result in a sales 

constituency conflict as provided in 

§ 930.20(g). 

(4) In districts entitled to only one 

Board member, growers and handlers 

may vote for either the grower or 

handler nominee(s) for the single seat 

allocated to those districts. 

* * * * * 

4. Revise paragraph (i) of § 930.50 to 

read as follows: 

§ 930.50 Marketing policy. 

* * * * * 

(i) Restricted Percentages. Restricted 

percentage requirements established 

under paragraphs (b), (c), or (d) of this 

section may be fulfilled by handlers by 

either establishing an inventory reserve 

in accordance with § 930.55 or § 930.57 

or by diversion of product in accordance 

with § 930.59. In years where required, 

the Board shall establish a maximum 

percentage of the restricted quantity 

which may be established as a primary 

inventory reserve such that the total 

primary inventory reserve does not 

exceed 50-million pounds; Provided, 

That such 50-million-pound quantity 

may be changed upon recommendation 

of the Board and approval of the 

Secretary. Any such change shall be 

recommended by the Board on or before 

September 30 of any crop year to 

become effective for the following crop 

year, and the quantity may be changed 

no more than one time per crop year. 

Handlers will be permitted to divert (at 

plant or with grower diversion 

certificates) as much of the restricted 

percentage requirement as they deem 

appropriate, but may not establish a 

primary inventory reserve in excess of 

the percentage established by the Board 

for restricted cherries. In the event 

handlers wish to establish inventory 

reserve in excess of this amount, they 

may do so, in which case it will be 

classified as a secondary inventory 

reserve and will be regulated 

accordingly. 

* * * * * 

5. Add a new paragraph (d) to 

§ 930.54 to read as follows: 

§ 930.54 Prohibition on the use or 

disposition of inventory reserve cherries. 

* * * * * 

(d) Should the volume of cherries 

held in the primary inventory reserves 

and, subsequently, the secondary 

inventory reserves reach a minimum 

amount, which level will be established 

by the Secretary upon recommendation 

from the Board, the products held in the 

respective reserves shall be released 

from the reserves and made available to 

the handlers as free tonnage. 

6. Revise paragraph (b) of § 930.55 to 

read as follows: 

§ 930.55 Primary inventory reserves. 

* * * * * 

(b) The form of the cherries, frozen, 

canned in any form, dried, or 

concentrated juice, placed in the 

primary inventory reserve is at the 

option of the handler. The product(s) 

placed by the handler in the primary 

inventory reserve must have been 

produced in either the current or the 

preceding two crop years. Except as may 

be limited by § 930.50(i) or as may be 

permitted pursuant to §§ 930.59 and 

930.62, such inventory reserve portion 

shall be equal to the sum of the products 

obtained by multiplying the weight or 

volume of the cherries in each lot of 

cherries acquired during the fiscal 

period by the then effective restricted 

percentage fixed by the Secretary; 

Provided, That in converting cherries in 

each lot to the form chosen by the 

handler, the inventory reserve 

obligations shall be adjusted in 

accordance with uniform rules adopted 

by the Board in terms of raw fruit 

equivalent. 

* * * * * 

[FR Doc. 2010–315 Filed 1–12–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0027; Directorate 

Identifier 2008–NM–204–AD] 

RIN 2120–AA64 

Airworthiness Directives; Sicma Aero 

Seat 9140, 9166, 9173, 9174, 9184, 

9188, 9196, 91B7, 91B8, 91C0, 91C2, 

91C3, 91C4, 91C5, and 9301 Series 

Passenger Seat Assemblies; and 

Sicma Aero Seat 9501311–05, 

9501301–06, 9501311–15, 9501301–16, 

9501441–30, 9501441–33, 9501311–55, 

9501301–56, 9501441–83, 9501441–95, 

9501311–97, and 9501301–98 

Passenger Seat Assemblies; Installed 

on Various Transport Category 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: Cracks have been found on 

seat backrest links P/N (part number) 

90–000200–104–1 and 90–000200–104– 

2. These cracks can significantly affect 

the structural integrity of seat backrests. 

Failure of the backrest links could result 

in injury to an occupant during 

emergency landing conditions. The 

proposed AD would require actions that 

are intended to address the unsafe 

condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by March 1, 2010. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 


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1732 Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Proposed Rules 

For service information identified in 

this proposed AD, contact Sicma Aero 

Seat, 7, Rue Lucien Coupet, 36100 

ISSOUDUN, France; telephone +33 (0) 2 

54 03 39 39; fax +33 (0) 2 54 03 39 00; 

e-mail: 

customerservices@sicma.zodiac.com; 

Internet http://www.sicma.zodiac.com/ 

en/. You may review copies of the 

referenced service information at the 

FAA, Transport Airplane Directorate, 

1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, 

call 425–227–1221 or 425–227–1152. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Lee, Aerospace Engineer, Boston 

Aircraft Certification Office, FAA, 

Engine & Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; telephone (781) 238–7161; fax 

(781) 238–7170. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2010–0027; Directorate Identifier 

2008–NM–204–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We have lengthened the 30-day 

comment period for proposed ADs that 

address MCAI originated by aviation 

authorities of other countries to provide 

adequate time for interested parties to 

submit comments. The comment period 

for these proposed ADs is now typically 

45 days, which is consistent with the 

comment period for domestic transport 

ADs. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

The Direction Ge ́ne ́rale de l’Aviation 

Civile (DGAC), which is the 

airworthiness authority for France, has 

issued French Airworthiness Directive 

2001–605(AB), dated December 12, 2001 

(referred to after this as ‘‘the MCAI’’), to 

correct an unsafe condition for the 

specified products. The MCAI states: 

Cracks have been found on seat backrest 

links P/N (part number) 90–000200–104–1 

and 90–000200–104–2. These cracks can 

significantly affect the structural integrity of 

seat backrests. Therefore a life limit is 

introduced on the links. On 9g seats also 

affected by this problem, stronger unlimited 

life limits have been developed and their 

installation has been rendered mandatory. 

However, on 16g seats the affected links have 

a direct influence on certification dynamic 

tests and cannot be replaced by similar 

stronger links without performing again all 

dynamic tests for each seat part number. 

Failure of the backrest links could result 

in injury to an occupant during 

emergency landing conditions. The 

required actions include a general visual 

inspection for cracking of backrest links, 

replacement with new links if cracking 

is found, and eventual replacement of 

all links with new links. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

Sicma Aero Seat has issued Service 

Bulletin 90–25–012, Issue 4, dated 

December 19, 2001, including Annex 1, 

Issue 1, dated July 9, 2001. The actions 

described in this service information are 

intended to correct the unsafe condition 

identified in the MCAI. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a NOTE within the 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect 70,073 seats on 163 products of 

U.S. registry. We also estimate that it 

would take 1 work-hour per seat to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $80 per work-hour. Required 

parts would cost about $0 per seat. 

Where the service information lists 

required parts costs that are covered 

under warranty, we have assumed that 

there will be no charge for these costs. 

As we do not control warranty coverage 

for affected parties, some parties may 

incur costs higher than estimated here. 

Based on these figures, we estimate the 

cost of the proposed AD on U.S. 

operators to be $5,605,840, or $80 per 

seat. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. 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. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 


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Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Proposed Rules 1733 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Sicma Aero Seat: Docket No. FAA–2010– 

0027; Directorate Identifier 2008–NM– 

204–AD. 

Comments Due Date 

(a) We must receive comments by March 1, 

2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Sicma Aero Seat 

9140, 9166, 9173, 9174, 9184, 9188, 9196, 

91B7, 91B8, 91C0, 91C2, 91C3, 91C4, 91C5, 

and 9301 series passenger seat assemblies; 

and Sicma Aero Seat 9501311–05, 9501301– 

06, 9501311–15, 9501301–16, 9501441–30, 

9501441–33, 9501311–55, 9501301–56, 

9501441–83, 9501441–95, 9501311–97, and 

9501301–98 passenger seat assemblies; 

identified in Annex 1, Issue 1, dated July 9, 

2001, of Sicma Aero Seat Service Bulletin 

90–25–012, Issue 4, dated December 19, 

2001; that have backrest links part numbers 

(P/Ns) 90–000200–104–1 and 90–000200– 

104–2; and that are installed on, but not 

limited to the airplanes identified in Table 1 

of this AD, certificated in any category. 

TABLE 1—CERTAIN AFFECTED MODELS

Manufacturer Model 

Airbus ............. A330–200 and –300 Series 

Airplanes. 

Airbus ............. A340–200, –300, –500 and 

–600 Series Airplanes. 

The Boeing 

Company.

777–200, –300, –300ER, 

and –200LR Series Airplanes. 

Note 1: This AD applies to Sicma Aero Seat 

passenger seat assemblies as installed on any 

airplane, regardless of whether the airplane 

has been otherwise modified, altered, or 

repaired in the area subject to the 

requirements of this AD. For airplanes that 

have been modified, altered, or repaired so 

that the performance of the requirements of 

this AD is affected, the owner/operator must 

request approval for an alternative method of 

compliance according to paragraph (g)(1) of 

this AD. The request should include an 

assessment of the effect of the modification, 

alteration, or repair on the unsafe condition 

addressed by this AD; and, if the unsafe 

condition has not been eliminated, the 

request should include specific proposed 

actions to address it. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 25: Equipment/Furnishings. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Cracks have been found on seat backrest 

links P/Ns (part numbers) 90–000200–104–1 

and 90–000200–104–2. These cracks can 

significantly affect the structural integrity of 

seat backrests. Therefore a life limit is 

introduced on the links. On 9g seats also 

affected by this problem, stronger unlimited 

life limits have been developed and their 

installation has been rendered mandatory. 

However, on 16g seats the affected links have 

a direct influence on certification dynamic 

tests and cannot be replaced by similar 

stronger links without performing again all 

dynamic tests for each seat part number. 

Failure of the backrest links could result in 

injury to an occupant during emergency 

landing conditions. The required actions 

include a general visual inspection for 

cracking of backrest links, replacement with 

new links if cracking is found, and eventual 

replacement of all links with new links. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) At the later of the times specified in 

paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, 

do a general visual inspection for cracking of 

the backrest links, P/Ns 90–000200–104–1 

and 90–000200–104–2, in accordance with 

Part One ‘‘Checking Procedure’’ of Sicma 

Aero Seat Service Bulletin 90–25–012, Issue 

4, dated December 19, 2001: 

(i) Before 6,000 flight hours on the backrest 

link since new. 

(ii) Within 900 flight hours or 5 months 

after the effective date of this AD, whichever 

occurs later. 

(2) If, during the inspection required by 

paragraph (f)(1) of this AD, cracking is found 

between the side of the backrest link and the 

lock-out pin hole but the cracking does not 

pass this lock-out pin hole (refer to Figure 2 

of Sicma Aero Seat Service Bulletin 90–25– 

012, Issue 4, dated December 19, 2001): 

Within 600 flight hours or 3 months after 

doing the inspection, whichever occurs first, 

replace both backrest links of the affected 

seat with new backrest links having the same 

part number 

(P/N 90–000200–104–1 or 90–000200–104– 

2), in accordance with Part Two 

‘‘Replacement Procedure’’ of Sicma Aero Seat 

Service Bulletin 90–25–012, Issue 4, dated 

December 19, 2001. 

(3) If, during the inspection required by 

paragraph (f)(1) of this AD, cracking is found 

that passes beyond the lock-out pin hole 

(refer to Figure 2 of Sicma Aero Seat Service 

Bulletin 90–25–012, Issue 4, dated December 

19, 2001): Before further flight, replace both 

backrest links of the affected seat with new 

backrest links having the same part numbers 

(P/N 90–000200–104–1 or 90–000200–104– 

2), in accordance with Part Two 

‘‘Replacement Procedure’’ of Sicma Aero Seat 

Service Bulletin 90–25–012, Issue 4, dated 

December 19, 2001. 

(4) If no cracking is found during the 

inspection required by paragraph (f)(1) of this 

AD: At the later of the times specified in 

paragraphs (f)(4)(i) and (f)(4)(ii) of this AD, 

replace the links, P/Ns 90–000200–104–1 and 

90–000200–104–2, with new backrest links 

having the same part numbers (P/N 90– 

000200–104–1 or 90–000200–104–2), in 

accordance with Part Two ‘‘Replacement 

Procedure’’ of Sicma Aero Seat Service 

Bulletin 90–25–012, Issue 4, dated December 

19, 2001. 

(i) Before 12,000 flight hours on the 

backrest links, P/Ns 90–000200–104–1 and 

90–000200–104–2, since new. 

(ii) Within 900 flight hours or 5 months 

after the effective date of this AD, whichever 

occurs later. 

(5) Actions done before the effective date 

of this AD in accordance with Sicma Aero 

Seat Service Bulletin 90–25–012, Issue 3, 

dated October 3, 2001, are acceptable for 

compliance with the corresponding actions 

of this AD. 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: The 

MCAI specifies doing repetitive inspections 

for cracking of links having over 12,000 flight 

hours since new until the replacement of the 

link is done. This AD does not include those 

repetitive inspections because we have 

reduced the required time for replacing those 

links. This AD requires replacement of the 

link before 12,000 flight hours since new, or 

within 900 flight hours or 5 months of the 

effective date of this AD, whichever occurs 

later. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Boston Aircraft 

Certification Office, FAA, has the authority to 


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1734 Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Proposed Rules 

1 64 FR 59888 (1999). 

2 16 C.F.R. Part 312. 

3 See 16 C.F.R. § 312.10; 64 FR at 59906-59908, 

59915. 

4 See 16 C.F.R. § 312.10(b)(1); 64 FR at 59915. 

5 See 16 C.F.R. § 312.10(b)(2); 64 FR at 59915. 

6 See 16 C.F.R. § 312.10(b)(3); 64 FR at 59915. 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to ATTN: Jeffrey Lee, 

Aerospace Engineer, Boston Aircraft 

Certification Office, FAA, Engine & Propeller 

Directorate, 12 New England Executive Park, 

Burlington, MA 01803; telephone (781) 238– 

7161; fax (781) 238–7170. Before using any 

approved AMOC on any airplane to which 

the AMOC applies, notify your principal 

maintenance inspector (PMI) or principal 

avionics inspector (PAI), as appropriate, or 

lacking a principal inspector, your local 

Flight Standards District Office. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI French Airworthiness 

Directive 2001–605(AB), dated December 12, 

2001, and Sicma Aero Seat Service Bulletin 

90–25–012, Issue 4, dated December 19, 

2001, including Annex 1, Issue 1, dated July 

9, 2001, for related information. 

Issued in Renton, Washington, on January 

5, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–484 Filed 1–12–10; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 312 

Children’s Online Privacy Protection 

Rule Safe Harbor Proposed SelfRegulatory Guidelines; i-SAFE, Inc. 

Application for Safe Harbor 

AGENCY: Federal Trade Commission 

(FTC or Commission) 

ACTION: Notice announcing submission 

of proposed ‘‘safe harbor’’ guidelines and 

requesting public comment. 

SUMMARY: The Federal Trade 

Commission publishes this notice and 

request for public comment concerning 

proposed self-regulatory guidelines 

submitted by i-SAFE, Inc. under the safe 

harbor provision of the Children’s 

Online Privacy Protection Rule. 

FOR FURTHER INFORMATION CONTACT: 

Mamie Kresses, Attorney, (202) 326- 

2070, Division of Advertising Practices, 

Federal Trade Commission, 

Washington, D.C. 20580. 

DATES: Written comments must be 

received by March 1, 2010. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form, by 

following the instructions in the 

Invitation To Comment part of the 

SUPPLEMENTARY INFORMATION section 

below. Comments in electronic form 

should be submitted by using the 

following weblink: (https:// 

public.commentworks.com/ftc/ 

iSAFEsafeharbor) (and following the 

instructions on the web-based form). 

Comments in paper form should be 

mailed or delivered to the following 

address: Federal Trade Commission, 

Office of the Secretary, Room H-135 

(Annex E), 600 Pennsylvania Avenue, 

NW, Washington, DC 20580, (202) 326- 

2252. 

SUPPLEMENTARY INFORMATION: 

Section A. Background 

On October 20, 1999, the Commission 

issued its final Rule1 pursuant to the 

Children’s Online Privacy Protection 

Act, 15 U.S.C. 6501, et seq, which 

became effective on April 21, 2000.2

The Rule requires certain website 

operators to post privacy policies, 

provide notice, and obtain parental 

consent prior to collecting, using, or 

disclosing personal information from 

children. The Rule contains a ‘‘safe 

harbor’’ provision enabling industry 

groups or others to submit to the 

Commission for approval self-regulatory 

guidelines that would implement the 

Rule’s protections.3

Pursuant to Section 312.10 of the 

Rule, iSAFE has submitted proposed 

self-regulatory guidelines to the 

Commission for approval. The full text 

of the proposed guidelines is available 

on the Commission’s website, at 

(www.ftc.gov/bcp/ 

isafesafeharborapplication.pdf). 

Section B. Questions on the Proposed 

Guidelines 

The Commission is seeking comment 

on various aspects of the proposed 

guidelines, and is particularly interested 

in receiving comment on the questions 

that follow. These questions are 

designed to assist the public and should 

not be construed as a limitation on the 

issues on which public comment may 

be submitted. Responses to these 

questions should cite the numbers and 

subsection of the questions being 

answered. For all comments submitted, 

please provide any relevant data, 

statistics, or any other evidence, upon 

which those comments are based. 

1. Please provide comments on any or 

all of the provisions in the proposed 

guidelines. For each provision 

commented on please describe (a) the 

impact of the provision(s) (including 

any benefits and costs), if any, and (b) 

what alternatives, if any, iSAFE should 

consider, as well as the costs and 

benefits of those alternatives. 

2. Do the provisions of the proposed 

guidelines governing operators’ 

information practices provide ‘‘the same 

or greater protections for children’’ as 

those contained in Sections 312.2-312.8 

of the Rule?4 Where possible, please cite 

the relevant sections of both the Rule 

and the proposed guidelines. 

3. Are the mechanisms used to assess 

operators’ compliance with the 

guidelines effective?5 If not, please 

describe (a) how the proposed 

guidelines could be modified to satisfy 

the Rule’s requirements, and (b) the 

costs and benefits of those 

modifications. 

4. Are the incentives for operators’ 

compliance with the guidelines 

effective?6 If not, please describe (a) 

how the proposed guidelines could be 

modified to satisfy the Rule’s 

requirements, and (b) the costs and 

benefits of those modifications. 

5. Do the guidelines provide adequate 

means for resolving consumer 

complaints? If not, please describe (a) 

how the proposed guidelines could be 

modified to resolve consumer 

complaints adequately, and (b) the costs 

and benefits of those modifications. 

Section C. Invitation to Comment 

All persons are hereby given notice of 

the opportunity to submit written data, 

views, facts, and arguments addressing 

the proposed self-regulatory guidelines. 

The Commission invites written 

comments to assist it in ascertaining the 

facts necessary to reach a determination 

as to whether to approve the proposed 

guidelines. Written comments must be 

received on or before March 1, 2010, 

and may be submitted electronically or 

in paper form. Comments should refer 

to ‘‘iSAFE Safe Harbor Proposal, 

P094504’’ 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 


erowe on DSK5CLS3C1PROD with PROPOSALS-1