Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Proposed Rules 40121 

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). 274 FR 22720 (May 14, 2009). 

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 

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

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 

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 30- 

day extension. The Broward County 


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 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 

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 

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. 


srobinson on DSKHWCL6B1PROD with PROPOSALS