60714 Federal Register / Vol. 76, No. 190 / Friday, September 30, 2011 / Rules and Regulations 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in subtitle 

VII, part A, subpart I, Section 40103. 

Under that section, the FAA is charged 

with prescribing regulations to assign 

the use of airspace necessary to ensure 

the safety of aircraft and the efficient 

use of airspace. This regulation is 

within the scope of that authority as it 

establishes controlled airspace at Lake 

Anna Airport, Bumpass, VA. 

Lists 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. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9V, Airspace 

Designations and Reporting Points, 

dated August 9, 2011, effective 

September 15, 2011, is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AEA VA E5 Bumpass, VA [New] 

Lake Anna Airport, VA 

(Lat. 37°57′57′′ N., long. 77°44′45′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.7mile radius 

of Lake Anna Airport. 

Issued in College Park, Georgia, on 

September 19, 2011. 

Mark D. Ward, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2011–25249 Filed 9–29–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0758; Airspace 

Docket No. 11–AAL–11] 

Revision of Class E Airspace; 

Northway, AK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action revises Class E 

airspace at Northway, AK, to 

accommodate the amendment of one 

Standard Instrument Approach 

Procedure at the Northway Airport. The 

FAA is taking this action to enhance 

safety and management of Instrument 

Flight Rules (IFR) operations at the 

Northway Airport. This action adjusts 

the geographic coordinates for the 

Northway Airport. 

DATES: Effective 0901 UTC, December 

15, 2011. The Director of the Federal 

Register approves this incorporation by 

reference action under title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: 

Martha Dunn, AAL–538G, Federal 

Aviation Administration, 222 West 7th 

Avenue, Box 14, Anchorage, AK 99513– 

7587; telephone number (907) 271– 

5898; fax: (907) 271–2850; e-mail: 

Martha.ctr.Dunn@faa.gov. Internet 

address: http://www.faa.gov/about/ 

office_org/headquarters_offices/ato/ 

service_units/systemops/fs/alaskan/ 

rulemaking/. 

SUPPLEMENTARY INFORMATION: 

History 

On Friday, July 29, 2011, the FAA 

published a notice of proposed 

rulemaking (NPRM) in the Federal 

Register to revise Class E airspace at 

Northway, AK (76 FR 45475). 

Interested parties were invited to 

participate in this rulemaking 

proceeding by submitting written 

comments on the proposal to the FAA. 

One comment was received that the 

Northway VORTAC and coordinates 

should not be referred to in the E5 

airspace designation. The FAA found 

merit in that and removes reference to 

the Northway VORTAC and its 

coordinates from the E5 airspace 

description in this rule. Subesequent to 

publication, the FAA found that the 

geographic coordinates of the airports 

needed to be adjusted. This action 

makes the adjustment. 

The Class E airspace areas are 

published in paragraphs 6002 and 6005, 

respectively, of FAA Order 7400.9V, 

Airspace Designations and Reporting 

Points, signed September 9, 2011, and 

effective September 15, 2011, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the Order. 

With the exception of editorial changes, 

and the changes described above, this 

rule is the same as that proposed in the 

NPRM. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

revising Class E airspace at the 

Northway Airport, Northway, AK, to 

accommodate the amendment of a 

standard instrument approach 

procedure. This Class E surface airspace 

and Class E airspace extending upward 

from 700 and 1,200 feet above the 

surface is necessary for the safety and 

management of IFR operations at the 

airport. The rule also adjusts the 

coordinates for the Northway Airport to 

bring them in concert with those on 

record in the FAA’s aeronautical 

database. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore—(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. Because this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule will not have 

a significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle 1, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart 1, Section 

40103, Sovereignty and use of airspace. 

Under that section, the FAA is charged 

with prescribing regulations to ensure 

the safe and efficient use of the 

navigable airspace. This regulation is 


wreier-aviles on DSK7SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 190 / Friday, September 30, 2011 / Rules and Regulations 60715 

1Federal Trade Commission: Part 435—Mail 

Order Merchandise: Promulgation of Trade 

Regulation Rule, 40 FR 49492–94 (Oct. 22, 1975); 

Federal Trade Commission: Part 435—Mail Order 

Merchandise: Promulgation of Trade Regulation 

Rule: Correction, 40 FR 51582–597 (Nov. 5, 1975) 

(‘‘Promulgation of Rule: Correction’’), The 

Commission initiated the rulemaking in 1971 under 

section 6(g) of the FTC Act, 15 U.S.C. 46(g), and had 

substantially completed the rulemaking when 

Congress amended the FTC Act by adopting section 

18, 15 U.S.C. 57a. By operation of law, the Mail 

Order Rule was then treated as having been 

promulgated under authority of section 18. See 

United States v. JS&A Group, Inc., 547 F. Supp. 20, 

23 (N.D. Ill. 1982); United States v. Braswell, Inc., 

1981 U.S. Dist. LEXIS 15444 at *8 (N.D. Ga. 1981). 

The Mail Order Rule took effect February 2, 1976. 

2Federal Trade Commission: Trade Regulation 

Rule; Mail or Telephone Order Merchandise: Final 

Trade Regulation Rule, 58 FR 49096, 49097 (Sept. 

21, 1993). 

3Federal Trade Commission: Mail or Telephone 

Order Merchandise: Request For Public Comment, 

72 FR 51728 (Sept. 11, 2007). The Commission also 

sought public comments, assuming the Commission 

retained the Rule, on how it might change the Rule 

to reflect changes in technology and commercial 

Continued 

within the scope of that authority 

because it creates Class E airspace 

sufficient in size to contain aircraft 

executing instrument procedures for the 

Northway Airport and represents the 

FAA’s continuing effort to safely and 

efficiently use the navigable airspace. 

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 14 CFR 

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 Federal Aviation 

Administration Order 7400.9V, 

Airspace Designations and Reporting 

Points, signed September 9, 2011, and 

effective September 15, 2011, is 

amended as follows: 

Paragraph 6002 Class E airspace designated 

as surface areas. 

* * * * * 

AAL AK E2 Northway, AK [Revised] 

Northway Airport, AK 

(Lat. 62°57′40′′ N., long. 141°55′41′′ W.) 

Northway VORTAC 

(Lat. 62°56′50′′N., long. 141°54′46′′W.) 

Within a 4-mile radius of the Northway 

Airport, AK and within 2 miles each side of 

the 077° radial from the Northway Airport, 

AK extending from the 4-mile radius to 12.7 

miles east of the Northway Airport, AK and 

within 3.1 miles each side of the 312° radial 

from the Northway VORTAC extending from 

the 4-mile radius to 11.4 miles northwest of 

the Northway Airport AK. 

Paragraph 6005 Class E airspace extending 

upward from 700 feet or more above the 

surface of the earth. 

* * * * * 

AAL AK E5 Northway, AK [Revised] 

Northway Airport, AK 

(Lat. 62°57′40′′ N., long. 141°55′41′′ W.) 

That airspace extending upward from 700 

feet above the surface within an 8-mile radius 

of Northway Airport, AK and within 2 miles 

each side of the 077° radial from Northway 

Airport, AK extending from the 8-mile radius 

to 13.7 miles east of Northway Airport, AK 

and that airspace extending upward from 

1,200 feet above the surface within a 66-mile 

radius of Northway Airport, AK excluding 

the airspace east of 141°00′00′′ West 

longitude. 

Issued in Anchorage, AK on September 23, 

2011. 

Michael A. Tarr, 

Manager, Alaska Flight Services. 

[FR Doc. 2011–25150 Filed 9–29–11; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 435 

Mail or Telephone Order Merchandise 

Rule 

AGENCY: Federal Trade Commission 

(‘‘Commission’’ or ‘‘FTC’’). 

ACTION: Final rule amendments. 

SUMMARY: The FTC announces it is 

retaining the Mail or Telephone Order 

Merchandise Rule (‘‘MTOR’’ or ‘‘Rule’’). 

Based on previous Rule proceedings and 

after reviewing public comments 

received regarding the Rule’s overall 

costs, benefits, and regulatory and 

economic impact, the Commission 

concludes that the Rule continues to 

benefit consumers and the Rule’s 

benefits outweigh its costs. For clarity, 

the Commission is reorganizing the Rule 

by alphabetizing the definitions at the 

beginning of the Rule. 

DATES: Effective Date: September 30, 

2011. 

ADDRESSES: Requests for copies of the 

Final MTOR should be sent to: Public 

Reference Branch, Federal Trade 

Commission, 600 Pennsylvania Avenue, 

NW., Room 130, Washington, DC 20580. 

The complete record of this proceeding 

is also available at that address. 

Relevant portions of this proceeding, 

including the public comments received 

in response to the Advance Notice of 

Proposed Rulemaking are available at: 

http://www.ftc.gov/os/comments/ 

mailortelephoneorder/index.shtm and 

the related News Release is available at: 

http://www.ftc.gov/opa/2007/09/ 

fyi07262.shtm. 

FOR FURTHER INFORMATION CONTACT: Jock 

Chung, (202) 326–2984, or Gregory 

Madden, (202) 326–2426, Attorneys, 

Division of Enforcement, Bureau of 

Consumer Protection, Federal Trade 

Commission, 600 Pennsylvania Avenue, 

NW., M–8102B,Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The MTOR prohibits sellers from 

soliciting mail or telephone order sales 

unless the sellers have a reasonable 

basis to expect that they will be able to 

ship the ordered merchandise within 

the time stated on the solicitation, or, if 

no time is stated, within 30 days of 

receipt of an order. The MTOR further 

requires a seller to seek the buyer’s 

consent to the delayed shipment when 

the seller learns that it cannot ship 

within the time stated or, if no time is 

stated, within 30 days. If the buyer does 

not consent, the seller must promptly 

refund all money paid for the 

unshipped merchandise. 

The Commission originally 

promulgated the Mail Order Rule (as the 

Rule was originally known) in 1975 in 

response to complaints that many mail 

order sellers failed to ship ordered 

merchandise, failed to ship merchandise 

on time, or failed to provide prompt 

refunds for unshipped merchandise. 

The Commission issued the Rule 

pursuant to its authority under sections 

5 and 18 of the Federal Trade 

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

45 and 57a, to proscribe these deceptive 

and unfair acts or practices.1

A second proceeding, ending in 1993, 

demonstrated that consumers who 

ordered merchandise by telephone 

experienced the same shipment and 

refund problems. Accordingly, the 

Commission amended the Rule to cover 

merchandise ordered by telephone and 

renamed the Rule the ‘‘Mail or 

Telephone Order Merchandise Rule.’’ 2

The Commission reviews all its rules 

and guides periodically to obtain 

information about their costs and 

benefits and their economic and 

regulatory impact. As part of this review 

process, the Commission published a 

request seeking public comments on the 

costs and benefits of the Rule and the 

continuing need for the Rule.3 In 


wreier-aviles on DSK7SPTVN1PROD with RULES