This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

6129 

Vol. 74, No. 23 

Thursday, February 5, 2009 

FEDERAL TRADE COMMISSION 

16 CFR Ch. I 

Notice of Intent To Request Public 

Comments 

AGENCY: Federal Trade Commission. 

ACTION: Notice of intent to request 

public comments. 

SUMMARY: As part of its systematic 

review of all Federal Trade Commission 

rules and guides, the Commission gives 

notice that, during 2009, it intends to 

request public comments on the rules 

and guide listed below (‘‘Rules’’). The 

Commission will request comments on, 

among other things, the economic 

impact of, and the continuing need for, 

the Rules; possible conflict between the 

Rules and state, local, or other federal 

laws or regulations; and the effect on the 

Rules of any technological, economic, or 

other industry changes. No Commission 

determination on the need for, or the 

substance of, the Rules should be 

inferred from the notice of intent to 

publish requests for comments. In 

addition, the Commission announces a 

revised 10-year regulatory review 

schedule. 

FOR FURTHER INFORMATION CONTACT: 

Further details may be obtained from 

the contact person listed for the 

particular Rule. 

SUPPLEMENTARY INFORMATION: The 

Commission intends to initiate a review 

of, and solicit public comments on, the 

following Rules during 2009: 

(1) Guides for Private Vocational and 

Distance Education Schools, 16 CFR 

254. Agency Contact: Julie A. Lady, 

(216) 263-3409, Federal Trade 

Commission, East Central Region, 1111 

Superior Ave., Suite 200, Cleveland, OH 

44114. 

(2) Automotive Fuel Ratings, 

Certification, and Posting Rule, 16 CFR 

306. Agency Contact: Matthew Wilshire, 

(202) 326-2976, Federal Trade 

Commission, Bureau of Consumer 

Protection, Division of Enforcement, 600 

Pennsylvania Ave., NW, Washington, 

DC 20580. 

(3) Use of Prenotification Negative 

Option Plans, 16 CFR 425. Agency 

Contact: Robin Rosen Spector, (202) 

326-3740, Federal Trade Commission, 

Bureau of Consumer Protection, 

Division of Enforcement, 600 

Pennsylvania Ave., NW, Washington, 

DC 20580. 

As part of its regulatory review, the 

Commission also has tentatively 

scheduled reviews of additional rules 

and guides for 2010 through 2019. A 

copy of this tentative schedule is 

appended. The Commission, in its 

discretion, may modify or reorder the 

schedule in the future to incorporate 

new rules, or to respond to external 

factors (such as changes in the law) or 

other considerations. 

Authority: 15 U.S.C. 41-58. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

APPENDIX 

REGULATORY REVIEW 

MODIFIED TEN-YEAR SCHEDULE 

16 CFR 

PART TOPIC YEAR TO REVIEW 

500 Regulations Under Section 4 of the Fair Packaging and Labeling Act (FPLA) 2010 

501 Exemptions from Part 500 of the FPLA 2010 

502 Regulations Under Section 5(C) of the FPLA 2010 

503 Statements of General Policy or Interpretations Under the FPLA 2010 

424 Retail Food Store Advertising and Marketing Practices Rule 2010 

444 Credit Practices Rule 2010 

239 Guides for the Advertising of Warranties and Guarantees 2010 

433 Preservation of Consumers’ Claims and Defenses Rule 2010 

700 Interpretations of Magnuson-Moss Warranty Act 2010 

701 Disclosure of Written Consumer Product Warranty Terms and Conditions 2010 

702 Pre-Sale Availability of Written Warranty Terms 2010 

703 Informal Dispute Settlement Procedures 2010 

14 Administrative Interpretations, General Policy Statements, and Enforcement Policy Statements 2011 

23 Guides for the Jewelry, Precious Metals, and Pewter Industries 2011 

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6130 Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Proposed Rules 

APPENDIX—Continued 

REGULATORY REVIEW 

MODIFIED TEN-YEAR SCHEDULE 

16 CFR 

PART TOPIC YEAR TO REVIEW 

300 Rules and Regulations under the Wool Products Labeling Act 2011 

301 Rules and Regulations under the Fur Products Labeling Act 2011 

303 Rules and Regulations under the Textile Fiber Products Identification Act 2011 

423 Care Labeling Rule 2011 

20 Guides for the Rebuilt, Reconditioned and Other Used Automobile Parts Industry 2012 

233 Guides Against Deceptive Pricing 2012 

238 Guides Against Bait Advertising 2012 

240 Guides for Advertising Allowances and Other Merchandising Payments and Services 2012 

251 Guide Concerning Use of the Word ‘‘Free’’ and Similar Representations 2012 

310 Telemarketing Sales Rule 2013 

801 Hart-Scott-Rodino Antitrust Improvements Act Coverage Rules 2013 

802 Hart-Scott-Rodino Antitrust Improvements Act Exemption Rules 2013 

803 Hart-Scott-Rodino Antitrust Improvements Act Transmittal Rules 2013 

304 Rules and Regulations under the Hobby Protection Act 2014 

309 Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles 2014 

314 Standards for Safeguarding Customer Information 2014 

315 Contact Lens Rule 2015 

316 Rules Implementing the CAN-SPAM Act of 2003 2015 

456 Ophthalmic Practice Rules 2015 

603 Fair Credit Reporting Act (FCRA) Rules - Definitions 2015 

610 FCRA Rules - Free Annual File Disclosures 2015 

611 FCRA Rules - Prohibition Against Circumventing Treatment as a Nationwide Consumer Reporting Agency 2015 

613 FCRA Rules - Duration of Active Duty Alerts 2015 

614 FCRA Rules - Appropriate Proof of Identity 2015 

698 FCRA Rules - Summaries, Notices, and Forms 2015 

460 Labeling and Advertising of Home Insulation 2016 

682 FCRA Rules - Disposal of Consumer Report Information and Records 2016 

410 Deceptive Advertising as to Sizes of Viewable Pictures Shown by Television Receiving Sets 2017 

312 Children’s Online Privacy Protection Rule 2017 

18 Guides for the Nursery Industry 2018 

305 Appliance Labeling Rule 2018 

311 Test Procedures and Labeling Standards for Recycled Oil 2018 

436 Disclosure Requirements and Prohibitions Concerning Franchising 2018 

24 Guides for Select Leather and Imitation Leather Products 2019 

453 Funeral Industry Practices Rule 2019 

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Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Proposed Rules 6131 

[FR Doc. E9–2464 Filed 2–4–09: 8:45 am] 

BILLING CODE 6750–01–S 

DEPARTMENT OF JUSTICE 

28 CFR Part 26 

[Docket No. OJP (DOJ)–1464; AG Order No. 

3048–2009] 

RIN 1121–AA74 

Certification Process for State Capital 

Counsel Systems 

AGENCY: Department of Justice. 

ACTION: Notice of request for public 

comment. 

SUMMARY: Pursuant to the USA 

PATRIOT Improvement and 

Reauthorization Act of 2005, the 

Department of Justice promulgated a 

final rule to implement certification 

procedures for states seeking to qualify 

for the expedited federal habeas corpus 

review procedures in capital cases 

under chapter 154 of title 28 of the 

United States Code. Certification 

Process for State Capital Counsel 

Systems, 73 FR 75327 (Dec. 11, 2008). 

The procedural benefits of chapter 154 

are available to states that establish 

mechanisms for providing counsel to 

indigent capital defendants in state 

postconviction proceedings that satisfy 

certain statutory requirements. The 

Department hereby requests public 

comment on issues related to the final 

rule. 

DATES: Comments are due April 6, 2009. 

ADDRESSES: Please address all 

comments regarding this notice, by U.S. 

mail, to: Ben Gorban, Bureau of Justice 

Assistance, Office of Justice Programs, 

U.S. Department of Justice, 810 7th 

Street, NW., Washington, DC 20531. To 

ensure proper handling, please 

reference OJP Docket No. 1464 on your 

correspondence. You may view an 

electronic version of this notice at 

http://www.regulations.gov, and you 

may also comment by using the http:// 

www.regulations.gov comment form for 

this notice. When submitting comments 

electronically you must include OJP 

Docket No. 1464 in the subject box. 

FOR FURTHER INFORMATION CONTACT: Ben 

Gorban, Bureau of Justice Assistance, 

Office of Justice Programs at (202) 616– 

6500 (not a toll-free number.) 

SUPPLEMENTARY INFORMATION: Chapter 

154 provides procedural benefits in 

federal habeas corpus review of capital 

cases to states that go beyond the 

constitutional requirement of 

appointing counsel for indigents at trial 

and on appeal by providing counsel also 

to capital defendants in state 

postconviction proceedings. Chapter 

154 has been in place since the 

enactment of the Antiterrorism and 

Effective Death Penalty Act of 1996 

(Pub. L. 104–132). 

Section 507 of Public Law 109–177, 

the USA PATRIOT Improvement and 

Reauthorization Act of 2005 (‘‘the Act’’), 

amended chapter 154 of title 28 of the 

United States Code. Prior to the Act, the 

determination that a state was eligible 

for the procedural benefits of chapter 

154 had been left to the federal court of 

appeals for the circuit in which a state 

was located. The Act, inter alia, 

amended sections 2261(b) and 2265 of 

title 28 to assign responsibility for 

chapter 154 certifications to the 

Attorney General of the United States, 

subject to de novo review by the Court 

of Appeals for the District of Columbia 

Circuit. 

Section 2265(b) directs the Attorney 

General to promulgate regulations to 

implement the certification procedure. 

The Department of Justice published a 

proposed rule in the Federal Register on 

June 6, 2007, for this purpose, to add a 

new subpart in 28 CFR part 26 entitled 

‘‘Certification Process for State Capital 

Counsel Systems.’’ Certification Process 

for State Capital Counsel Systems, 72 

FR 31217 (June 6, 2007). The comment 

period ended on August 6, 2007. The 

Department published a notice on 

August 9, 2007, reopening the comment 

period, and the reopened comment 

period ended on September 24, 2007. 72 

FR 44816 (Aug. 9, 2007). The 

Department of Justice published the 

final rule on December 11, 2008, with a 

scheduled effective date of January 12, 

2009. Certification Process for State 

Capital Counsel Systems, 73 FR 75327 

(Dec. 11, 2008). 

The final rule is the subject of a 

preliminary injunction issued by a 

district court in the Northern District of 

California. See Habeas Corpus Res. Ctr. 

v. U.S. Dep’t of Justice, No. C 08–2649 

CW (N.D. Cal., Jan. 20, 2009). The 

Department of Justice has decided to 

solicit further comment on all aspects of 

the final rule for 60 days following 

publication of this notice. The 

Department will consider comments 

received during this period and publish 

a summary and response as appropriate. 

Dated: February 2, 2009. 

Mark Filip, 

Acting Attorney General. 

[FR Doc. E9–2493 Filed 2–4–09; 8:45 am] 

BILLING CODE 4410–18–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–40; MB Docket No. 08–243; RM– 

11490] 

Radio Broadcasting Services; 

Charlotte Amalie, VI 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document requests 

comments on a petition for rulemaking 

filed by Western New Life, Inc., licensee 

of Station WJZG–FM, Channel 254A, 

Culebra, Puerto Rico, proposing the 

deletion of vacant Channel 271B at 

Charlotte Amalie, Virgin Islands to 

accommodate a hybrid contingent 

application requesting the substitution 

of Channel 271A for Channel 254A at 

Culebra, and modification of the Station 

WJZG–FM license. The reference 

coordinates for vacant Channel 271B at 

Charlotte Amalie are 18–20–36 NL and 

64–55–48 WL. 

DATES: Comments must be filed on or 

before March 9, 2009, and reply 

comments on or before March 24, 2009. 

ADDRESSES: Secretary, Federal 

Communications Commission, 445 

Twelfth Street, SW., Washington, DC 

20554. In addition to filing comments 

with the FCC, interested parties should 

serve the petitioner as follows: Scott C. 

Cinnamon, Esq., Counsel for Western 

New Life, Inc., Law Offices of Scott C. 

Cinnamon, PLLC, 1250 Connecticut 

Ave., NW., Suite 200, #144, 

Washington, DC 20036. 

FOR FURTHER INFORMATION CONTACT: 

Rolanda F. Smith, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

08–243, adopted January 14, 2009, and 

released January 16, 2009. Channel 

271B at Charlotte Amalie was 

inadvertently removed from the FM 

Table of Allotments. See Revision of 

Procedures Governing Amendments to 

FM Table of Allotments and Changes of 

Community of License in the Radio 

Broadcast Services, Report and Order, 

21 FCC Rcd 14212 (2006). As a result, 

this document does not contain any 

amendatory language. The full text of 

this Commission decision is available 

for inspection and copying during 

normal business hours in the FCC’s 

Reference Information Center at Portals 

II, CY–A257, 445 Twelfth Street, SW., 

Washington, DC 20554. This document 

may also be purchased from the 

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