### 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


### 60715 Federal Register / Vol. 76, No. 190 / Friday, September 30, 2011 / Rules and Regulations

1 Federal 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.

2 Federal Trade Commission: Trade Regulation Rule; Mail or Telephone Order Merchandise: Final Trade Regulation Rule, 58 FR 49096, 49097 (Sept. 21, 1993).

3 Federal 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