67258 Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Rules and Regulations

1Certain materials cannot be shared, however,

including premerger filings under the Hart-ScottRodino Antitrust Improvements Act. 15 U.S.C.

6204.

2While Rule 4.10(e) does not require notice

before disclosures to IAEAA requesters, the

Commission will consider notice on a case-by-case

basis. See H. Rep. No. 772, 103d Cong., 2d Sess. 20

(1994).

certified that this rule, when

promulgated, will not have a significant

economic impact on a substantial

number of small entities under the

criteria of the Regulatory Flexibility Act.

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,

CLASS B, CLASS C, CLASS D, AND

CLASS E, AIRSPACE AREAS;

AIRWAYS; 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.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9H,

Airspace Designations and Reporting

Points, dated September 1, 2000, and

effective September 16, 2000, is

amended as follows:

Paragraph 6010(a)—Domestic VOR Federal

Airways

* * * * *

V–24 [Revised]

From Aberdeen, SD, via Watertown, SD;

Redwood Falls, MN; Rochester, MN; Lone

Rock, WI; INT Lone Rock 147° and Janesville,

WI, 281° radials; Janesville; INT Janesville

112° and Northbrook, IL, 291° radials; to

Northbrook. From Peotone, IL, INT Peotone

152° and Brickyard, IN, 312° radials; to

Brickyard.

* * * * *

V–97 [Revised]

From Dolphin, FL; La Belle, FL; St.

Petersburg, FL; Seminole, FL; Pecan, GA;

Atlanta, GA; INT Atlanta 001° and Volunteer,

TN, 197° radials; Volunteer; London, KY;

Lexington, KY; Cincinnati, OH; Shelbyville,

IN; INT Shelbyville 313° and Boiler, IN, 136°

radials; Boiler; Chicago Heights, IL; to INT

Chicago Heights 358° and Chicago O’Hare, IL,

127° radials. From INT Northbrook, IL, 291°

and Janesville, WI, 112° radials; Janesville;

Lone Rock, WI; Nodine, MN; to Gopher, MN.

The airspace below 2,000 feet MSL outside

the United States is excluded.

* * * * *

V–100 [Revised]

From Medicine Bow, WY; Scottsbluff, NE;

Alliance, NE; Ainsworth, NE; O’Neill, NE;

Sioux City, IA; Fort Dodge, IA; Waterloo, IA;

Dubuque, IA; Rockford, IL; INT Rockford

074° and Janesville, WI, 112° radials; INT

Janesville 112° and Northbrook, IL, 291°

radials; Northbrook; INT Northbrook 095°

and Keeler, MI, 271° radials; Keeler; to

Litchfield, MI.

* * * * *

V–217 [Revised]

From INT Chicago O’Hare, IL, 316°/

DuPage, IL, 359° and Northbrook, IL, 291°

radials; INT Chicago O’Hare, 316° and

Badger, WI, 193° radials; Badger; Green Bay,

WI; Rhinelander, WI; Duluth, MN; Hibbing,

MN; Baudette, MN; INT Baudette 313° and

Winnepeg, MB, 117° radials; to Winnepeg.

The airspace within Canada is excluded. In

addition, the portion of this airway which

lies within the Beaver MOA is excluded

during the times the Beaver MOA is

activated.

* * * * *

V–228 [Revised]

From Stevens Point, via Dells, WI,

Madison, WI; INT Madison 138° Chicago

O’Hare, IL, 316° radials; INT Chicago O’Hare

316° and Northbrook, IL, 291° radials;

Northbrook; INT Northbrook 110° and

Gipper, MI, 290° radials; to Gipper.

* * * * *

Issued in Washington, DC, on November 2,

2000.

Reginald C. Matthews,

Manager, Airspace and Rules Division.

[FR Doc. 00–28731 Filed 11–8–00; 8:45 am]

BILLING CODE 4910–13–U

FEDERAL TRADE COMMISSION

16 CFR Parts 2 and 4

Access Requests From Foreign and

Domestic Law Enforcement Agencies

AGENCY: Federal Trade Commission

(FTC).

ACTION: Final rule amendments.

SUMMARY: The Federal Trade

Commission is amending its Rules of

Practice to delegate to the Director of the

Bureau of Competition the authority to

respond to certain requests made

pursuant to agreements under the

International Antitrust Enforcement

Assistance Act. The Commission is also

providing that requests from state

agencies may be addressed to an

appropriate liaison officer (rather than

the General Counsel).

DATES: The amendments are effective on

November 2, 2000.

FOR FURTHER INFORMATION CONTACT:

Marc Winerman, Attorney, Office of the

General Counsel, FTC, 600

Pennsylvania Avenue, NW.,

Washington, DC 20580, 202–326–2451,

mwinerman@ftc.gov.

SUPPLEMENTARY INFORMATION: Authority

to respond to requests for materials

made pursuant to agreements under the

International Antitrust Enforcement

Assistance Act. The International

Antitrust Enforcement Assistance Act

(IAEAA), 15 U.S.C. 6201 et seq.,

authorizes the Commission and the

Justice Department to assist foreign

antitrust agencies, and anticipates that

foreign agencies will assist them in

return, pursuant to IAEAA agreements.

After making a public interest

determination and other determinations

set forth in the Act, 15 U.S.C. 6207(a),

the agencies can share information

already in their files, including, for

example, information made confidential

by the Federal Trade Commission Act.

15 U.S.C. 6201, 6205.1 They can also

conduct investigations to help an

IAEAA requester, during which they

can use compulsory process if needed.

15 U.S.C. 6202. The first IAEAA

agreement, an agreement with Australia,

was signed on April 27, 1999. The

Commission has delegated to the

Director of the Bureau of Competition

the authority to respond to certain

requests under this and future IAEAA

agreements, in accordance with the

IAEAA.

Requests for records (including

information within records). Rule

4.11(i), a new provision, delegates to the

Director of the Bureau of Competition

the authority to respond to requests

under IAEAA agreements seeking access

to existing Commission records. This

includes requests that seek, through

discussion or otherwise, information

contained in such records. The

authority cannot be redelegated, and the

delegation is subject to negative option

review; before responding to a request,

the Bureau Director must give the

Commission three days’ notice of the

intended response and, during that

time, any Commissioner may bring the

matter to the full Commission.

The Commission has also amended

sections 4.10(d) and (e) of its Rules of

Practice, which describe materials that

the Commission generally cannot make

public at all or can make public only

after finding the material is not

confidential and giving ten days’ notice

to the submitter. These provisions also

describe situations where their general

restrictions on disclosure do not apply,

including disclosure to IAEAA

requesters.2 The Commission is

Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Rules and Regulations 67259

3For example, the Commission has designated a

liaison officer, currently the Associate Director for

Planning and Information in the Bureau of

Consumer Protection, who can grant access requests

from the Commission’s partners in the Consumer

Sentinel program. That program maintains a

database, with information entered by the

Commission, by other agencies, and by private

entities (who can enter but not retrieve data). The

database does not include information subject to

prohibitions on disclosure. The Associate Director

is the liaison officer to Consumer Sentinel’s

government participants, who can seek more

detailed information through an access request after

they learn about an investigation from the database.

replacing language in both provisions

that simply references the IAEAA with

cross-references to new Rule 4.11(i),

which both references the IAEAA and

delegates to the Bureau Director

substantial authority to implement it.

Requests for investigations. The

Commission has also amended Rule 2.1,

which describes delegations to

Commission staff to open investigations.

This delegation, as well, is subject to a

three-day negative option review by the

Commission. Because a Commission

resolution is required for process, see 15

U.S.C. 57b–1(i), this delegation does not

extend to requests that seek such

process.

Liaison officers for state access

requests. The Commission is also

amending Rule 4.11(c), which governs

access requests for law enforcement

purposes from domestic agencies. The

rule formerly provided that requests

from federal agencies could be

processed by the General Counsel or a

designated liaison officer, while

requests from state agencies could be

processed only by the General Counsel.

The rule now provides that appropriate

liaison officers can respond to state as

well as federal access requests.3

Procedural Matters. These

amendments are exempt from the notice

and comment requirements of the

Administrative Procedure Act as ‘‘rules

of agency organization, procedure, or

practice.’’ 5 U.S.C. 553(b)(A). They do

not entail information collection for

purposes of the Paperwork Reduction

Act, 44 U.S.C. 3501 et seq., and are not

subject to the requirements of the

Regulatory Flexibility Act, 5 U.S.C.

605(b). Nor are they subject to the Small

Business Regulatory Enforcement

Fairness Act, because that law does not

apply to procedural rules that do not

substantially affect the rights or

obligations of non-agency parties. 5

U.S.C. 803(3)(C).

List of Subjects

16 CFR Part 2

Administrative practice and

procedure, Reporting and recordkeeping

requirements.

16 CFR Part 4

Administrative practice and

procedure, Freedom of information.

Accordingly, the Federal Trade

Commission amends title 16, chapter I,

subchapter A, of the Code of Federal

Regulations as follows:

PART 2—NONADJUDICATIVE

PROCEDURES

1. The authority citation for part 2

continues to read as follows:

Authority: 15 U.S.C. 46.

2. Amend § 2.1 by adding to the end

new sentences to read as follows:

§ 2.1 How initiated.

* * * The Director of the Bureau of

Competition has also been delegated,

without power of redelegation, authority

to open investigations in response to

requests pursuant to an agreement

under the International Antitrust

Enforcement Assistance Act, 15 U.S.C.

6201 et seq., if the requests do not ask

the Commission to use process. Before

responding to such a request, the

Bureau Director shall transmit the

proposed response to the Secretary and

the Secretary shall notify the

Commission of the proposed response.

If no Commissioner objects within three

days following the Commission’s receipt

of such notification, the Secretary shall

inform the Bureau Director that he or

she may proceed.

PART 4—MISCELLANEOUS RULES

3. The authority citation for part 4

continues to read as follows:

Authority: 15 U.S.C. 46, unless otherwise

noted.

4. Amend § 4.10 by revising

paragraphs (d) and (e) to read as follows:

§ 4.10 Nonpublic material.

* * * * *

(d) Except as provided in paragraphs

(f) or (g) of this section or in § 4.11 (b),

(c), (d), or (i), no material that is marked

or otherwise identified as confidential

and that is within the scope of

§ 4.10(a)(8), and no material within the

scope of § 4.10(a)(9) that is not

otherwise public, will be made

available, without the consent of the

person who produced the material, to

any individual other than a duly

authorized officer or employee of the

Commission or a consultant or

contractor retained by the Commission

who has agreed in writing not to

disclose the information. All other

Commission records may be made

available to a requester under the

procedures set forth in § 4.11 or may be

disclosed by the Commission except

where prohibited by law.

(e) Except as provided in paragraphs

(f) or (g) of this section or in § 4.11 (b),

(c), (d), or (i), material not within the

scope of § 4.10(a)(8) or § 4.10(a)(9) that

is received by the Commission and is

marked or otherwise identified as

confidential may be disclosed only if it

is determined that the material is not

within the scope of § 4.10(a)(2), and the

submitter is provided at least ten days’

notice of the intent to disclose the

material.

* * * * *

5. Amend § 4.11 by revising paragraph

(c) and by adding a new paragraph (i),

to read as follows:

§ 4.11 Disclosure requests.

* * * * *

(c) Requests from Federal and State

law enforcement agencies. Requests

from law enforcement agencies of the

Federal and State governments for

nonpublic records shall be addressed to

a liaison officer, where the Commission

has appointed such an officer, or if there

is none, to the General Counsel. With

respect to requests under this paragraph,

the General Counsel, the General

Counsel’s designee, or the appropriate

liaison officer is delegated the authority

to dispose of them. Alternatively, the

General Counsel may refer such requests

to the Commission for determination,

except that requests must be referred to

the Commission for determination

where the Bureau having the material

sought and the General Counsel do not

agree on the disposition. Prior to

granting access under this section to any

material submitted to the Commission,

the General Counsel, the General

Counsel’s designee, or the liaison officer

will obtain from the requester a

certification that such information will

be maintained in confidence and will be

used only for official law enforcement

purposes. The certificate will also

describe the nature of the law

enforcement activity and the anticipated

relevance of the information to that

activity. A copy of the certificate will be

forwarded to the submitter of the

information at the time the request is

granted unless the agency requests that

the submitter not be notified. Requests

for material pursuant to compulsory

process, or for voluntary testimony, in

cases or matters in which the

Commission is not a party will be

treated in accordance with paragraph (e)

of this section.

* * * * *

(i) The Director of the Bureau of

Competition is authorized, without

power of redelegation, to respond to

67260 Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Rules and Regulations

access requests for records and other

materials pursuant to an agreement

under the International Antitrust

Enforcement Assistance Act, 15 U.S.C.

6201 et seq. Before responding to such

a request, the Bureau Director shall

transmit the proposed response to the

Secretary and the Secretary shall notify

the Commission of the proposed

response. If no Commissioner objects

within three days following the

Commission’s receipt of such

notification, the Secretary shall inform

the Bureau Director that he or she may

proceed.

* * * * *

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 00–28691 Filed 11–8–00; 8:45 am]

BILLING CODE 6750–01–P

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR PART 10

[T.D. 00–67]

RIN 1515–AC72

African Growth and Opportunity Act

and Generalized System of

Preferences

AGENCY: U.S. Customs Service,

Department of the Treasury.

ACTION: Interim regulations; corrections.

SUMMARY: This document makes

corrections to the document published

in the Federal Register on October 5,

2000, as T.D. 00–67 which set forth

interim amendments to the Customs

Regulations primarily to implement the

trade benefit provisions for sub-Saharan

Africa contained in Title I of the Trade

and Development Act of 2000, referred

to as the African Growth and

Opportunity Act.

DATES: These corrections are effective

October 1, 2000; written comments must

be submitted by December 4, 2000, in

the manner prescribed in T.D. 00–67.

FOR FURTHER INFORMATION CONTACT:

Cynthia Reese, Office of Regulations and

Rulings (202–927–1361).

SUPPLEMENTARY INFORMATION:

Background

On October 5, 2000, Customs

published in the Federal Register (65

FR 59668) T.D. 00–67 to set forth

interim amendments to the Customs

Regulations primarily to implement the

trade benefit provisions for sub-Saharan

Africa contained in Title I of the Trade

and Development Act of 2000. The trade

benefits under Title I, also referred to as

the African Growth and Opportunity

Act (the AGOA), apply to sub-Saharan

African countries designated by the

President and involve: the extension of

duty-free treatment under the

Generalized System of Preferences

(GSP) to non-textile articles normally

excluded from GSP duty-free treatment

that are not import-sensitive; and the

entry of specific textile and apparel

articles free of duty and free of any

quantitative limits. Those interim

regulatory amendments took effect on

October 1, 2000, to coincide with the

effective date of the relevant statutory

provisions.

This document makes the following

corrections to the regulatory texts

published in T.D. 00–67:

1. The definition of ‘‘assembled in one

or more beneficiary countries’’ under

§ 10.212 includes a parenthetical

specification of items (that is, thread,

decorative embellishments, buttons,

zippers, or similar components) that are

not considered to be components for

purposes of assembly under the text.

However, Customs has reconsidered this

matter and now believes that inclusion

of this parenthetical limiting language,

which is not mandated by the statute,

was in error because in some contexts

it may be inconsistent with applicable

judicial precedent as regards what may

be considered a component for assembly

purposes. Accordingly, this

parenthetical reference should be

removed from the text of the definition.

2. The definition of ‘‘beneficiary

country’’ under § 10.212 refers to a

finding ‘‘by the President’’ that the

country has satisfied the requirements

of section 113 of the AGOA. However,

that text does not reflect the fact that in

Presidential Proclamation 7350 of

October 2, 2000 (published in the

Federal Register at 65 FR 59321 on

October 4, 2000), which implemented

the AGOA, the authority to make the

finding regarding the requirements of

section 113 was delegated to the United

States Trade Representative. To ensure

consistency with this delegation, the

text of the definition should include a

reference to a ‘‘designee’’ of the

President.

3. Within § 10.213, paragraph (a)(9)

requires some wording changes to

conform more closely to the terms of

corresponding subheading 9819.11.24

which was added to the HTSUS by the

Annex to Presidential Proclamation

7350.

4. Finally, within § 10.213, in

paragraph (a)(10), the words ‘‘or his

designee’’ should be added after ‘‘the

President’’ to cover any future

delegation of authority by the President

in this context.

Corrections of Publication

Accordingly, the document published

in the Federal Register as T.D. 00–67 on

October 5, 2000 (65 FR 59668) is

corrected as set forth below.

§ 10.212 [Corrected]

1. On page 59676, in the third

column, in § 10.212, the definition of

‘‘assembled in one or more beneficiary

countries’’ is corrected by removing the

parenthetical phrase ‘‘(other than

thread, decorative embellishments,

buttons, zippers, or similar

components)’’.

2. On page 59676, in the third

column, in § 10.212, the definition of

‘‘beneficiary country’’ is corrected by

adding the words ‘‘or his designee’’ after

the words ‘‘finding by the President’’.

§ 10.213 [Corrected]

3. On page 59677, in the third

column, in § 10.213, paragraph (a)(9) is

corrected to read:

* * * * *

(a) * * *

(9) Apparel articles that are both cut

(or knit-to-shape) and sewn or otherwise

assembled in one or more beneficiary

countries from fabrics or yarn that the

President or his designee has designated

in the Federal Register as not available

in commercial quantities in the United

States;

* * * * *

4. On page 59677, in the third

column, in § 10.213, the text of

paragraph (a)(10) is corrected by adding

the words ‘‘or his designee’’ after the

words ‘‘the President’’.

Dated: November 3, 2000.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 00–28773 Filed 11–6–00; 4:01 pm]

BILLING CODE 4820–02–P

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR PART 10

[T.D. 00–68]

RIN 1515–AC76

United States-Caribbean Basin Trade

Partnership Act and Caribbean Basin

Initiative

AGENCY: U.S. Customs Service,

Department of the Treasury.

ACTION: Interim regulations; corrections.