Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Rules and Regulations 55267 

thus dominant in their field. District 

and local party committees are generally 

considered affiliated with the State 

committees and need not be considered 

separately. To the extent that any State 

party committees representing minor 

political parties might be considered 

‘‘small organizations,’’ the number 

affected by this rule is not substantial. 

List of Subjects in 11 CFR Part 100 

Elections. 

■ For the reasons set out in the 

preamble, subchapter A of chapter 1 of 

title 11 of the Code of Federal 

Regulations is amended as follows: 

PART 100—SCOPE AND DEFINITIONS 

(2 U.S.C. 431) 

■ 1. The authority citation for 11 CFR 

part 100 continues to read as follows: 

Authority: 2 U.S.C. 431, 434, and 438(a)(8). 

■ 2. Section 100.24 is amended by 

removing paragraph (a)(1)(iii), by 

revising paragraphs (a)(2) and (a)(3), and 

by adding paragraphs (c)(5), (c)(6) and 

(c)(7) to read as follows: 

§ 100.24 Federal election activity (2 U.S.C. 

431(20)). 

(a) * * * 

(2) Voter registration activity. 

(i) Voter registration activity means: 

(A) Encouraging or urging potential 

voters to register to vote, whether by 

mail (including direct mail), e-mail, in 

person, by telephone (including prerecorded telephone calls, phone banks 

and messaging such as SMS and MMS), 

or by any other means; 

(B) Preparing and distributing 

information about registration and 

voting; 

(C) Distributing voter registration 

forms or instructions to potential voters; 

(D) Answering questions about how to 

complete or file a voter registration 

form, or assisting potential voters in 

completing or filing such forms; 

(E) Submitting or delivering a 

completed voter registration form on 

behalf of a potential voter; 

(F) Offering or arranging to transport, 

or actually transporting potential voters 

to a board of elections or county clerk’s 

office for them to fill out voter 

registration forms; or 

(G) Any other activity that assists 

potential voters to register to vote. 

(ii) Activity is not voter registration 

activity solely because it includes a brief 

exhortation to register to vote, so long as 

the exhortation is incidental to a 

communication, activity, or event. 

Examples of brief exhortations 

incidental to a communication, activity, 

or event include: 

(A) A mailer praises the public service 

record of mayoral candidate X and/or 

discusses his campaign platform. The 

mailer concludes by reminding 

recipients, ‘‘Don’t forget to register to 

vote for X by October 1st.’’ 

(B) A phone call for a State party 

fundraiser gives listeners information 

about the event, solicits donations, and 

concludes by reminding listeners, 

‘‘Don’t forget to register to vote.’’ 

(3) Get-out-the-vote activity. 

(i) Get-out-the-vote activity means: 

(A) Encouraging or urging potential 

voters to vote, whether by mail 

(including direct mail), e-mail, in 

person, by telephone (including prerecorded telephone calls, phone banks 

and messaging such as SMS and MMS), 

or by any other means; 

(B) Informing potential voters, 

whether by mail (including direct mail), 

e-mail, in person, by telephone 

(including pre-recorded telephone calls, 

phone banks and messaging such as 

SMS and MMS), or by any other means, 

about: 

(1) Times when polling places are 

open; 

(2) The location of particular polling 

places; or 

(3) Early voting or voting by absentee 

ballot; 

(C) Offering or arranging to transport, 

or actually transporting, potential voters 

to the polls; or 

(D) Any other activity that assists 

potential voters to vote. 

(ii) Activity is not get-out-the-vote 

activity solely because it includes a brief 

exhortation to vote, so long as the 

exhortation is incidental to a 

communication, activity, or event. 

Examples of brief exhortations 

incidental to a communication, activity, 

or event include: 

(A) A mailer praises the public service 

record of mayoral candidate X and/or 

discusses his campaign platform. The 

mailer concludes by reminding 

recipients, ‘‘Vote for X on November 

4th.’’ 

(B) A phone call for a State party 

fundraiser gives listeners information 

about the event, solicits donations, and 

concludes by reminding listeners, 

‘‘Don’t forget to vote on November 4th.’’ 

* * * * * 

(c) * * * 

(5) Voter identification activity that is 

conducted solely in connection with a 

non-Federal election held on a date on 

which no Federal election is held, and 

which is not used in a subsequent 

election in which a Federal candidate 

appears on the ballot. 

(6) Get-out-the-vote activity that is 

conducted solely in connection with a 

non-Federal election held on a date on 

which no Federal election is held, 

provided that any communications 

made as part of such activity refer 

exclusively to: 

(i) Non-Federal candidates 

participating in the non-Federal 

election, if the non-Federal candidates 

are not also Federal candidates; 

(ii) Ballot referenda or initiatives 

scheduled for the date of the nonFederal election; or 

(iii) The date, polling hours, and 

locations of the non-Federal election. 

(7) De minimis costs associated with 

the following: 

(i) On the Web site of a party 

committee or an association of State or 

local candidates, posting a hyperlink to 

a state or local election board’s web 

page containing information on voting 

or registering to vote; 

(ii) On the Web site of a party 

committee or an association of State or 

local candidates, enabling visitors to 

download a voter registration form or 

absentee ballot application; 

(iii) On the Web site of a party 

committee or an association of State or 

local candidates, posting information 

about voting dates and/or polling 

locations and hours of operation; or 

(iv) Placing voter registration forms or 

absentee ballot applications obtained 

from the board of elections at the office 

of a party committee or an association 

of State or local candidates. 

On behalf of the Commission. 

Dated: September 7, 2010. 

Matthew S. Petersen, 

Chairman, Federal Election Commission. 

[FR Doc. 2010–22648 Filed 9–9–10; 8:45 am] 

BILLING CODE 6715–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. 29334; Amendment No. 71–42] 

Airspace Designations; Incorporation 

By Reference 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Title 14 

Code of Federal Regulations (14 CFR) 

part 71 relating to airspace designations 

to reflect the approval by the Director of 

the Federal Register of the incorporation 

by reference of FAA Order 7400.9U, 

Airspace Designations and Reporting 

Points. This action also explains the 

procedures the FAA will use to amend 

the listings of Class A, B, C, D, and E 

airspace areas; air traffic service routes; 

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55268 Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Rules and Regulations 

and reporting points incorporated by 

reference. 

DATES: These regulations are effective 

September 15, 2010. The incorporation 

by reference of FAA Order 7400.9U is 

approved by the Director of the Federal 

Register as of September 15, 2010, 

through September 15, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Tameka Bentley, Airspace and Rules 

Group, Office of System Operations 

Airspace and AIM, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

FAA Order 7400.9T, Airspace 

Designations and Reporting Points, 

effective September 15, 2009, listed 

Class A, B, C, D and E airspace areas; 

air traffic service routes; and reporting 

points. Due to the length of these 

descriptions, the FAA requested 

approval from the Office of the Federal 

Register to incorporate the material by 

reference in the Federal Aviation 

Regulations section 71.1, effective 

September 15, 2009, through September 

15, 2010. During the incorporation by 

reference period, the FAA processed all 

proposed changes of the airspace 

listings in FAA Order 7400.9T in full 

text as proposed rule documents in the 

Federal Register. Likewise, all 

amendments of these listings were 

published in full text as final rules in 

the Federal Register. This rule reflects 

the periodic integration of these final 

rule amendments into a revised edition 

of Order 7400.9U, Airspace 

Designations and Reporting Points. The 

Director of the Federal Register has 

approved the incorporation by reference 

of FAA Order 7400.9U in section 71.1, 

as of September 15, 2010, through 

September 15, 2011. This rule also 

explains the procedures the FAA will 

use to amend the airspace designations 

incorporated by reference in part 71. 

Sections 71.5, 71.15, 71.31, 71.33, 71.41, 

71.51, 71.61, 71.71, and 71.901 are also 

updated to reflect the incorporation by 

reference of FAA Order 7400.9U. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 to 

reflect the approval by the Director of 

the Federal Register of the incorporation 

by reference of FAA Order 7400.9U, 

effective September 15, 2010, through 

September 15, 2011. During the 

incorporation by reference period, the 

FAA will continue to process all 

proposed changes of the airspace 

listings in FAA Order 7400.9U in full 

text as proposed rule documents in the 

Federal Register. Likewise, all 

amendments of these listings will be 

published in full text as final rules in 

the Federal Register. The FAA will 

periodically integrate all final rule 

amendments into a revised edition of 

the Order, and submit the revised 

edition to the Director of the Federal 

Register for approval for incorporation 

by reference in section 71.1. 

The FAA has determined that this 

action: (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. This action 

neither places any new restrictions or 

requirements on the public, nor changes 

the dimensions or operation 

requirements of the airspace listings 

incorporated by reference in part 71. 

Consequently, notice and public 

procedure under 5 U.S.C. 553(b) are 

unnecessary. Because this action will 

continue to update the changes to the 

airspace designations, which are 

depicted on aeronautical charts, and to 

avoid any unnecessary pilot confusion, 

I find that good cause exists, under 5 

U.S.C. 553(d), for making this 

amendment effective in less than 30 

days. 

List 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. 

■ 2. Section 71.1 is revised to read as 

follows: 

§ 71.1 Applicability. 

A listing for Class A, B, C, D, and E 

airspace areas; air traffic service routes; 

and reporting points can be found in 

FAA Order 7400.9U, Airspace 

Designations and Reporting Points, 

dated August 18, 2010. This 

incorporation by reference was 

approved by the Director of the Federal 

Register in accordance with 5 U.S.C. 552 

(a) and 1 CFR part 51. The approval to 

incorporate by reference FAA Order 

7400.9U is effective September 15, 2010, 

through September 15, 2011. During the 

incorporation by reference period, 

proposed changes to the listings of Class 

A, B, C, D, and E airspace areas; air 

traffic service routes; and reporting 

points will be published in full text as 

proposed rule documents in the Federal 

Register. Amendments to the listings of 

Class A, B, C, D, and E airspace areas; 

air traffic service routes; and reporting 

points will be published in full text as 

final rules in the Federal Register. 

Periodically, the final rule amendments 

will be integrated into a revised edition 

of the Order and submitted to the 

Director of the Federal Register for 

approval for incorporation by reference 

in this section. Copies of FAA Order 

7400.9U may be obtained from Airspace 

and Rules Group, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591, 

(202) 267–8783. An electronic version of 

the Order is available on the FAA Web 

site at http://www.faa.gov/air_traffic/ 

publications. Copies of FAA Order 

7400.9U may be inspected in Docket No. 

29334 on http://www.regulations.gov. A 

copy of FAA Order 7400.9U may be 

inspected at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal-register/cfr/ibr-locations.html. 

§ 71.5 [Amended] 

■ 3. Section 71.5 is amended by 

removing the words ‘‘FAA Order 

7400.9T’’ and adding, in their place, the 

words ‘‘FAA Order 7400.9U.’’ 

§ 71.15 [Amended] 

■ 4. Section 71.15 is amended by 

removing the words ‘‘FAA Order 

7400.9T’’ wherever they appear and 

adding, in their place, the words ‘‘FAA 

Order 7400.9U.’’ 

§ 71.31 [Amended] 

■ 5. Section 71.31 is amended by 

removing the words ‘‘FAA Order 

7400.9T’’ and adding, in their place, the 

words ‘‘FAA Order 7400.9U.’’ 

§ 71.33 [Amended] 

■ 6. Paragraph (c) of § 71.33 is amended 

by removing the words ‘‘FAA Order 

7400.9T’’ and adding, in their place, the 

words ‘‘FAA Order 7400.9U.’’ 

§ 71.41 [Amended] 

■ 7. Section 71.41 is amended by 

removing the words ‘‘FAA Order 

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Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Rules and Regulations 55269 

7400.9T’’ wherever they appear and 

adding, in their place, the words ‘‘FAA 

Order 7400.9U.’’ 

§ 71.51 [Amended] 

■ 8. Section 71.51 is amended by 

removing the words ‘‘FAA Order 

7400.9T’’ wherever they appear and 

adding, in their place, the words ‘‘FAA 

Order 7400.9U.’’ 

§ 71.61 [Amended] 

■ 9. Section 71.61 is amended by 

removing the words ‘‘FAA Order 

7400.9T’’ wherever they appear and 

adding, in their place, the words ‘‘FAA 

Order 7400.9U.’’ 

§ 71.71 [Amended] 

■ 10. Paragraphs (b), (c), (d), (e), and (f) 

of § 71.71 are amended by removing the 

words ‘‘FAA Order 7400.9T’’ and 

adding, in their place, the words ‘‘FAA 

Order 7400.9U.’’ 

§ 71.901 [Amended] 

■ 11. Paragraph (a) of § 71.901 is 

amended by removing the words ‘‘FAA 

Order 7400.9T’’ and adding, in their 

place, the words ‘‘FAA Order 7400.9U.’’ 

Issued in Washington, DC, on September 2, 

2010. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. 2010–22564 Filed 9–9–10; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 310 

RIN 3084-AA98 

Telemarketing Sales Rule Fees 

AGENCY: Federal Trade Commission. 

ACTION: Policy statement. 

SUMMARY: The Federal Trade 

Commission (the ‘‘Commission’’ or 

‘‘FTC’’) is giving notice that there will be 

no increase in the fees charged to 

entities accessing the National Do Not 

Call Registry (the ‘‘Registry’’) for fiscal 

year 2011. 

ADDRESSES: Requests for copies of this 

document should be sent to: Public 

Reference Branch, Federal Trade 

Commission, Room 130, 600 

Pennsylvania Avenue, N.W., 

Washington, DC 20580. Copies of this 

document are also available on the 

Internet at the Commission’s website: 

(http://www.ftc.gov). 

FOR FURTHER INFORMATION CONTACT: Ami 

Joy Rop, (202) 326-2648, Bureau of 

Consumer Protection, Federal Trade 

Commission, 600 Pennsylvania Avenue, 

NW, Rm H-244, Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: The DoNot-Call Registry Fee Extension Act of 

2007 (Pub. L. 110-188, 122 Stat. 635) 

(‘‘Act’’), mandates a specific fee structure 

to use in determining the fees for 

accessing the Registry. According to the 

Act, for each year beginning after fiscal 

year 2009, the dollar amounts charged 

shall be increased by an amount equal 

to the amounts specified in the Act, 

whichever fee is applicable, multiplied 

by the percentage (if any) by which the 

average of the monthly consumer price 

index (for all urban consumers 

published by the Department of Labor) 

(‘‘CPI’’) for the most recently ended 12- 

month period ending on June 30 

exceeds the CPI for the 12-month period 

ending June 30, 2008. The Act also 

states that any increase shall be rounded 

to the nearest dollar and that there shall 

be no increase in the dollar amount if 

the change in the CPI is less than 1 

percent. We measure this change in CPI 

from the time of the previous increase 

in fees. The adjustments to the 

applicable fees, if any, are to be 

published in the FEDERAL REGISTER 

no later than September 1 of each year. 

Last year, for fiscal year 2010, we 

calculated an increase in the CPI of 1.4 

percent, and adjusted the fees 

accordingly (74 Fed. Reg. 42771 (August 

25, 2009)). The average value of the CPI 

for July 1, 2008 to June 30, 2009 was 

214.625; the average value for July 1, 

2009 to June 30, 2010 was 216.735, an 

increase of 0.97 percent. As this falls 

below the statute’s 1 percent required 

change in the CPI, there shall be no 

increase in the fees for access. 

Therefore, the fees will remain at the 

current level of $55 per area code, with 

a maximum fee of $15,058. The fee for 

access to each area code during the 

second six months of an entity’s annual 

subscription period remains at $27. 

Users will still be able to access the first 

five area codes free of charge, and 

organizations that are not required to 

comply with the Registry will still be 

able to access it if they choose to while 

remaining exempt from fees. 

By direction of the Commission. 

Richard C. Donohue 

Acting Secretary. 

[FR Doc. 2010–22197 Filed 9–9–10: 8:45 am] 

BILLING CODE 6750–01–S 

DEPARTMENT OF THE INTERIOR 

National Indian Gaming Commission 

25 CFR Parts 542 and 543 

RIN 3141–AA–37 

Minimum Internal Control Standards 

for Class II Gaming 

AGENCY: National Indian Gaming 

Commission. 

ACTION: Delay of effective date of final 

rule; request for comments. 

SUMMARY: The National Indian Gaming 

Commission (‘‘NIGC’’) announces the 

extension of the effective date on the 

final rule for Minimum Internal Control 

Standards for Class II Gaming. The final 

rule was published in the Federal 

Register on October 10, 2008 (73 FR 

60492). The Commission is changing the 

effective date for the amendments to 

§§ 542.7 and 542.16 (and their 

renumbering as §§ 543.7 and 543.16), as 

well as the date for operations to 

implement tribal internal controls found 

in § 543.3(c)(3) to October 13, 2011, in 

order to extend the transition time, 

allow the new Commission time to 

thoroughly review the rule, and to 

receive comment on whether the rule 

should be amended in whole or in part. 

DATES: The effective date for the 

amendments to §§ 542.7 and 542.16 for 

the final rule published October 10, 

2008, 73 FR 60492, and delayed on 

October 9, 2009, 74 FR 52138, is further 

delayed from October 13, 2010, until 

October 13, 2011. The effective date for 

the amendment to § 543.3(c)(3) in this 

rule is October 13, 2011. Submit 

comments on or before November 9, 

2010. 

ADDRESSES: Mail comments to 

‘‘Comments on Class II MICS’’, National 

Indian Gaming Commission, 1441 L St., 

NW., Suite 9100, Washington, DC 

20005, attn: Jennifer Ward. Comments 

may be transmitted by facsimile to 202– 

632–7066, but the original should also 

be submitted by mail. Comments may 

also be sent electronically to 

2008_MICS_comments@nigc.gov or 

posted at http://www.regulations.gov 

under this notice. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Ward, Attorney, Office of 

General Counsel, at (202) 632–7003; fax 

(202) 632–7066 (not toll-free numbers). 

SUPPLEMENTARY INFORMATION: Congress 

established the National Indian Gaming 

Commission under the Indian Gaming 

Regulatory Act of 1988 (25 U.S.C. 2701– 

21) (‘‘IGRA’’) to regulate gaming on 

Indian lands. The NIGC issued a final 

rule that superseded specified sections 

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