Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Proposed Rules 37973 

1The comment must 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 FTC 

Rule 4.9(c), 16 CFR 4.9(c). 

2The deleted affirmative disclosures included the 

school’s make-up work policy, costs of purchasing 

the textbooks and equipment needed for the 

courses, a description of the school’s physical 

facilities and a description of the school’s 

placement service. 

adequately available for public viewing 

and comment. Because the regulatory 

evaluation contains information 

regarding the expected benefits and 

costs of this rulemaking, the FAA has 

determined that a 60-day extension of 

the comment period is necessary to give 

the public adequate time to review this 

document. Such action is, in the public 

interest, and good cause exists for taking 

this action. Accordingly, the comment 

period for Notice No. 09–02 is extended 

until September 28, 2009. 

Issued in Washington, DC, on July 27, 

2009. 

Julie A. Lynch, 

Acting Director, Office of Rulemaking. 

[FR Doc. E9–18322 Filed 7–29–09; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 254 

Private Vocational and Distance 

Education Schools 

AGENCY: Federal Trade Commission 

(‘‘FTC’’ or ‘‘Commission’’). 

ACTION: Request for public comments. 

SUMMARY: As part of the Commission’s 

systematic review of all current FTC 

rules and guides, the Commission 

requests public comment on the overall 

costs, benefits, necessity, and regulatory 

and economic impact of the FTC’s 

guides for ‘‘Private Vocational and 

Distance Education Schools’’ 

(‘‘Vocational School Guides’’ or 

‘‘Guides’’). 

DATES: Written comments must be 

received by October 16, 2009. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to ‘‘Vocational 

School Guides Review, Matter No. 

P097701’’ 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 Federal Trade 

Commission Act (‘‘FTC Act’’), 15 U.S.C. 

46(f), and FTC 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, must be clearly labeled 

‘‘Confidential,’’ and must comply with 

FTC Rule 4.9(c), 16 CFR 4.9(c).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/ftcVocationalSchoolGuides), 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/ftcVocationalSchoolGuides). 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 ‘‘Vocational School 

Guides Review, Matter No. P097701’’ 

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 V), 600 

Pennsylvania Avenue, NW, 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 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: Julie 

A. Lady, (216) 263-3409, Staff Attorney, 

East Central Region, Federal Trade 

Commission, 1111 Superior Avenue, 

Suite 200, Cleveland, Ohio 44114. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Vocational School Guides are 

intended to advise proprietary 

businesses offering vocational training 

courses, either on the school’s premises 

or through distance education, how to 

avoid unfair or deceptive practices in 

connection with the advertising, 

promotion, marketing, or sale of their 

courses or programs. The Commission 

promulgated the Guides (then titled the 

‘‘Guides for Private Vocational and 

Home Study Schools’’) in May 1972. 

The guides became effective on August 

14, 1972. (37 FR 9665 (May 16, 1972)). 

The Commission amended the Guides 

effective October 9, 1998. These 

amendments added a provision 

addressing misrepresentations related to 

post-graduation employment. In order to 

streamline the Guides, certain 

provisions not specific to vocational 

schools and a section suggesting 

affirmative disclosures were deleted.2

(62 FR 19703 (Aug. 10, 1998) as 

amended at 63 FR 72350 (Dec. 31, 

1998)). 

The Vocational School Guides 

address misrepresentations in the 

description of a school including 

misrepresentations that the school is 

affiliated with the government or is an 

employment agency. The Guides also 

address misleading representations 

related to the accreditation and approval 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
37974 Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Proposed Rules 

of the school, the transferability of 

credit received at the school to other 

institutions, and the use of testimonials 

and endorsements. Schools are 

cautioned against misrepresenting the 

qualifications of teachers, the nature of 

the courses, the availability of 

employment after graduation, the 

availability of financial assistance, and 

enrollment qualifications. Also 

addressed is the use of deceptive 

diplomas or certificates. Finally, the 

Guides warn against using deceptive 

sales practices such as using classified 

ads that appear to be ‘‘help-wanted’’ 

ads. 

These Guides, like other industry 

guides issued by the Commission, are 

‘‘administrative interpretations of laws 

administered by the Commission for the 

guidance of the public in conducting its 

affairs in conformity with legal 

requirements.’’ 16 CFR 1.5. Conduct 

inconsistent with the Guides may result 

in corrective action by the Commission 

under applicable statutory provisions. 

II. Regulatory Review Program 

The Commission reviews all current 

Commission rules and guides 

periodically. These reviews seek 

information about the costs and benefits 

of the Commission’s rules and guides as 

well as their regulatory and economic 

impact. The information obtained 

assists the Commission in identifying 

rules and guides that warrant 

modification or rescission. Therefore, 

the Commission solicits comments on, 

among other things, the economic 

impact of, and the continuing need for 

the Vocational School Guides; the 

benefits of the Guides to purchasers of 

vocational education; and the burdens 

the Guides place on businesses. 

III. Request for Comment 

The Commission solicits comments 

on the following specific questions 

related to the Vocational School Guides: 

(1) Is there a continuing need for the 

Guides as currently promulgated? Why 

or why not? 

(2) What benefits have the Guides 

provided to consumers? What evidence 

supports the asserted benefits? 

(3) What modifications, if any, should 

the Commission make to the Guides to 

increase their benefits to consumers? 

(a) What evidence supports your 

proposed modifications? 

(b) How would these modifications 

affect the costs and benefits of the 

Guides for consumers? 

(c) How would these modifications 

affect the costs and benefits of the 

Guides for businesses, particularly small 

businesses? 

(4) Should the Guides define ‘‘clearly 

and conspicuously,’’ given the guidance 

that industry members should make 

certain disclosures clearly and 

conspicuously? If so, why, and how? If 

not, why not? 

(5) What impact have the Guides had 

on the flow of truthful information to 

consumers and on the flow of deceptive 

information to consumers? What 

evidence supports the asserted impact? 

(6) What significant costs have the 

Guides imposed on consumers? What 

evidence supports the asserted costs? 

(7) What modifications, if any, should 

be made to the Guides to reduce the 

costs imposed on consumers? 

(a) What evidence supports your 

proposed modifications? 

(b) How would these modifications 

affect the costs and benefits of the 

Guides for consumers? 

(c) How would these modifications 

affect the costs and benefits of the 

Guides for businesses, particularly small 

businesses? 

(8) Please provide any evidence that 

has become available since 1998 

concerning consumer perception of or 

experience with private vocational and 

distance education schools. Does this 

new information indicate that the 

Guides should be modified? If so, why, 

and how? If not, why not? 

(9) What benefits, if any, have the 

Guides provided to businesses, and in 

particular to small businesses? What 

evidence supports the asserted benefits? 

(10) What modifications, if any, 

should be made to the Guides to 

increase their benefits to businesses, 

and particularly to small businesses? 

(a) What evidence supports your 

proposed modifications? 

(b) How would these modifications 

affect the costs and benefits of the 

Guides for consumers? 

(c) How would these modifications 

affect the costs and benefits of the 

Guides for businesses, particularly small 

businesses? 

(11) What significant costs, including 

costs of compliance, have the Guides 

imposed on businesses, particularly 

small businesses? What evidence 

supports the asserted costs? 

(12) What modifications, if any, 

should be made to the Guides to reduce 

the costs imposed on businesses, and 

particularly on small businesses? 

(a) What evidence supports your 

proposed modifications? 

(b) How would these modifications 

affect the costs and benefits of the 

Guides for consumers? 

(c) How would these modifications 

affect the costs and benefits of the 

Guides for businesses, particularly small 

businesses? 

(13) What evidence is available 

concerning the degree of industry 

compliance with the Guides? Does this 

evidence indicate that the Guides 

should be modified? If so, why, and 

how? If not, why not? 

(14) Is any of the guidance provided 

in the Guides no longer needed? If so, 

explain. Please provide supporting 

evidence. 

(15) What potentially unfair or 

deceptive practices involving the 

advertising and promotional claims 

used by vocational and distance 

education schools in the advertising, 

promotion, marketing, and sale of 

courses or programs of instruction 

offered by private vocational or distance 

education schools, if any, are not 

covered or are not adequately covered 

by the Guides? 

(a) What evidence demonstrates the 

existence of such practices? Please 

provide specific examples and indicate 

how and where such potentially unfair 

or deceptive practices occur. 

(b) With reference to such practices, 

should the Guides be modified? If so, 

why, and how? If not, why not? 

(16) What modifications, if any, 

should be made to the Guides to 

account for changes in relevant 

technology or economic conditions? 

(a) What evidence supports the 

proposed modifications? 

(b) How would these modifications 

affect the costs and benefits of the 

Guides for consumers and businesses, 

particularly small businesses? 

(17) Do the Guides overlap or conflict 

with other federal, state, or local laws or 

regulations? If so, how? 

(a) What evidence supports the 

asserted conflicts? 

(b) With reference to the asserted 

conflicts, should the Guides be 

modified? If so, why, and how? If not, 

why not? 

(c) Is there evidence concerning 

whether the Guides have assisted in 

promoting national consistency with 

respect to the advertising and 

promotional claims used by vocational 

and distance education schools to 

recruit students? If so, please provide 

that evidence. 

(18) Are there foreign or international 

laws, regulations, or standards with 

respect to the advertising and 

promotional claims used by vocational 

and distance education schools to 

recruit students that the Commission 

should consider as it reviews the 

Guides? If so, what are they? 

(a) Should the Guides be modified in 

order to harmonize with these foreign or 

international laws, regulations, or 

standards? If so, why, and how? If not, 

why not? 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Proposed Rules 37975 

1 18 CFR 284.14(a). 

2Pipeline Posting Requirements under Section 23 

of the Natural Gas Act, Order No. 720, FERC Stats. 

& Regs. ¶ 31,283 (2008). The Commission is not 

requesting additional comments regarding 18 CFR 

284.14(b) which was also added by Order No. 720. 

3See Notice of Technical Conference, Docket No. 

RM08–2–000 (issued Feb. 24, 2009). 

4Additionally, the Commission adopted 

regulations requiring interstate pipelines to post 

information regarding no-notice service. Order No. 

720 at P 1. These regulations are in effect and 

interstate pipelines must be in compliance with this 

requirement. 

5Section 23 of the Natural Gas Act; 15 U.S.C. 

717t 2 (2000 & Supp. V 2005). 

6Energy Policy Act of 2005, Public Law No. 109– 

58, sections 1261 et seq., 119 Stat. 594 (2005). 

7Order No. 720 at P 1. 

8 Id. P 168. 

9Pipeline Posting Requirements under Section 23 

of the Natural Gas Act, 126 FERC ¶ 61,047, at P 

4 (2009). 

10See Notice of Technical Conference, Docket No. 

RM08–2–001 (issued Feb. 24, 2009); Notice of 

Agenda for Technical Conference, Docket No. 

RM08–2–001 (issued March 11, 2009). 

11Order No. 720 at P 92. 

12Notice of Technical Conference, Docket No. 

RM08–2–001 (issued Feb. 24, 2009). 

13Requests for rehearing, clarification, or both 

filed by the following participants raise this 

question: American Gas Association, Atmos 

Pipeline, Nicor Gas Company, ONEOK Gas 

Transportation, LLC, and ONEOK WesTex 

Transmission, LLC 

(b) How would such harmonization 

affect the costs and benefits of the 

Guides for consumers and businesses, 

particularly small businesses? 

List of Subjects in 16 CFR Part 254 

Advertising, Trade practices. 

Authority: 38 Stat. 717, as amended; 15 

U.S.C. 41-58. 

By direction of the Commission. 

Donald S. Clark, 

Secretary 

[FR Doc. E9–18194 Filed 7–29–09: 9:56 am] 

BILLING CODE: 6750–01–S 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 284 

[Docket No. RM08–2–000] 

Pipeline Posting Requirements Under 

Section 23 of the Natural Gas Act; 

Order Requesting Supplemental 

Comments 

Issued July 16, 2009. 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Order Requesting Supplemental 

Comments. 

SUMMARY: The Federal Energy 

Regulatory Commission (Commission) 

seeks supplemental comments regarding 

potential revisions to the posting 

requirements adopted in Order No. 720 

of the Commission’s regulations. 

DATES: Comments are due August 31, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Ellsworth (Technical), 

Office of Enforcement, Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Washington, DC 20426, 

(202) 502–8228. 

Gabriel Sterling (Legal), Office of 

Enforcement, Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Washington, DC 20426, 

(202) 502–8891. 

SUPPLEMENTARY INFORMATION: 

Before Commissioners: Jon Wellinghoff, 

Chairman; Suedeen G. Kelly, Marc Spitzer, 

and Philip D. Moeller. 

Pipeline Posting Requirements Under 

Section 23 of the Natural Gas Act; 

Order Requesting Supplemental 

Comments 

1. The Federal Energy Regulatory 

Commission (Commission) is seeking 

supplemental comments in regard to the 

posting requirements adopted in Order 

No. 720 and codified in § 284.14(a) of 

the Commission’s regulations,1 in 

response to limited issues raised in 

requests for rehearing of Order No. 720 2

and at the staff technical conference 

held in this docket on March 18, 2009.3

In particular, we seek comment on 

specific regulatory text relevant to 

arguments received on rehearing of 

Order No. 720. Comments should be 

submitted within 30 days of publication 

of this order in the Federal Register. 

I. Background 

2. In Order No. 720, the Commission 

adopted new regulations requiring 

major non-interstate pipelines to post 

certain data on publicly-accessible 

Internet Web sites. 4 Order No. 720 

implemented the Commission’s 

authority under section 23 of the 

Natural Gas Act (NGA),5 as added by the 

Energy Policy Act of 2005 (EPAct 

2005).6 The order required major noninterstate pipelines, defined as those 

natural gas pipelines that are not natural 

gas companies under the NGA and 

deliver more than 50 million MMBtu 

per year, to post scheduled flow 

information and to post information for 

each receipt or delivery point with a 

design capacity greater than 15,000 

MMBtu per day.7

3. While Order No. 720 required 

major non-interstate pipelines to 

comply with the new rules within 150 

days of the rule’s publication,8 a 

subsequent order in this docket 

extended the compliance deadline for 

major non-interstate pipelines until 150 

days following the issuance of an order 

on rehearing.9 A staff technical 

conference was held on March 18, 2009, 

to gather additional information on 

certain issues raised on rehearing.10

4. Among other changes to the 

Commission’s regulations, Order No. 

720 adopted new § 284.14(a) identifying 

the data that major non-interstate 

pipelines must post. This section 

provides that information must be 

posted by major non-interstate pipelines 

for each receipt or delivery point with 

a design capacity greater than or equal 

to 15,000 MMBtu/day. The Commission 

stated in Order No. 720, that, ‘‘In the 

circumstance where the design capacity 

of a receipt or delivery point could vary 

according to operational or usage 

conditions, a major non-interstate 

pipeline must post the design capacity 

for the most common operating 

conditions of its system during peak 

periods.’’ 11 Section 284.14(a) provides 

that the following information be posted 

regarding each applicable receipt or 

delivery point: Transportation Service 

Provider Name, Posting Date, Posting 

Time, Nomination Cycle, Location 

Name, Additional Location Information 

if Needed to Distinguish Between 

Points, Location Purpose Description 

(Receipt, Delivery, or Bilateral), Design 

Capacity, Scheduled Volume, Available 

Capacity, and Measurement Unit (Dth, 

MMBtu, or MCf). 

II. Requests for Rehearing and 

Technical Conference Comments 

5. The Commission received 24 

requests for rehearing, clarification, or 

both of Order No. 720. Additionally, the 

Commission publicly noticed and held 

a staff technical conference on March 

18, 2009, to gather additional 

information with respect to: (1) The 

definition of major non-interstate 

pipelines; (2) what constitutes 

‘‘scheduling’’ for a receipt or delivery 

point; and, (3) how the 15,000 MMBtu 

per day design capacity threshold 

should be applied.12

6. Certain rehearing requests 

questioned how § 284.14(a) of the 

Commission’s regulations applies to 

major non-interstate pipelines that 

operate with virtual or pooling points 

instead of, or in addition to, physical 

metered points.13 Texas Pipeline 

Association (TPA) proposed 

modifications to § 284.14(a) requiring 


erowe on DSK5CLS3C1PROD with PROPOSALS-1