Federal Register / Vol. 76, No. 141 / Friday, July 22, 2011 / Rules and Regulations 43825 

‘‘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 

within the scope of that authority 

because it creates Class E airspace 

sufficient in size to contain aircraft 

executing instrument procedures for the 

Talkeetna 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 7400.9U, 

Airspace Designations and Reporting 

Points, signed August 18, 2010, and 

effective September 15, 2010, is 

amended as follows: 

Paragraph 6002 Class E Airspace 

Designated as Surface Areas 

* * * * * 

AAL AK E2 Talkeetna, AK [Revised] 

Talkeetna Airport, AK 

(Lat. 62°19′14′′ N., long. 150°05′37′′ W.) 

Talkeetna VOR/DME 

(Lat. 62°17′55′′ N., long. 150°06′20′′ W.) 

Within a 5-mile radius of the Talkeetna 

Airport, and within 2.5 miles each side of the 

Talkeetna VOR/DME 191° radial and within 

1 mile each side of the Talkeetna VOR/DME 

207° radial extending from the 5-mile radius 

to 8.4 miles southwest of the airport. This 

Class E airspace area is effective during the 

specific dates and times established in 

advance by a Notice to Airmen. The effective 

date and time will thereafter be continuously 

published in the Supplement Alaska 

(Airport/Facility Directory). 

* * * * * 

Paragraph 6005 Class E Airspace Extending 

Upward From 700 Feet or More Above the 

Surface of the Earth 

* * * * * 

AAL AK E5 Talkeetna, AK [Revised] 

Talkeetna Airport, AK 

(Lat. 62°19′14′′ N., long. 150°05′37′′ W.) 

Talkeetna VOR/DME 

(Lat 62°17′55′′ W., long. 150°06′20′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7.5-mile 

radius of the Talkeetna Airport and within 

3.2 miles each side of the Talkeetna VOR/ 

DME 191° radial and within 2.5 miles each 

side of the Talkeetna VOR/DME 207° radial 

extending from the 7.5-mile radius to 12.4 

miles southwest of the airport and that 

airspace extending upward from 1,200 feet 

above the surface within a 72-mile radius of 

Talkeetna Airport. 

Issued in Anchorage, AK, on July 12, 2011. 

Michael A. Tarr, 

Manager, Alaska Flight Services. 

[FR Doc. 2011–18451 Filed 7–21–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 417 

[Docket No.: FAA–2011–0181; Amendment 

No. 417–2] 

RIN 2120–AJ84 

Launch Safety: Lightning Criteria for 

Expendable Launch Vehicles 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; Confirmation 

of effective date. 

SUMMARY: This action confirms the 

effective date of July 25, 2011, for the 

direct final rule issued June 8, 2011. No 

comments were received on this final 

rule. 

This action amends flight criteria for 

mitigating against naturally occurring 

lightning and lightning triggered by the 

flight of an expendable launch vehicle 

through or near an electrified 

environment in or near a cloud. These 

changes also increase launch 

availability and implement changes 

already adopted by the United States 

Air Force. 

DATES: The direct final rule published 

June 8, 2011 (76 FR 33139) is effective 

on July 25, 2011. 

ADDRESSES: The complete docket for the 

direct final rule, Docket No. FAA–2011– 

0181, may be examined at http:// 

www.regulations.gov at any time or go to 

Docket operations in Room W12–140 

West Building, Ground Floor at 1200 

New Jersey Avenue, SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this rule 

contact Karen Shelton-Mur, Office of 

Commercial Space Transportation, 

AST–300, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone (202) 267–7985; facsimile 

(202) 267–5463, e-mail Karen.SheltonMur@faa.gov. 

For legal questions concerning this 

rule contact Laura Montgomery, Senior 

Attorney for Commercial Space 

Transportation, Office of the Chief 

Counsel, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone (202) 267–3150; facsimile 

(202) 267–7971, e-mail 

laura.montgomery@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Direct Final Rule Procedure 

The FAA anticipated that this 

regulation would not result in adverse 

or negative comment and therefore is 

issued as a direct final rulemaking. 

Because the changes to the lightning 

commit criteria will increase launch 

availability and are already for U.S. 

Government launchs at Air Force 

launch ranges, the public interest is well 

served by this rulemaking. 

The comment period closed July 8, 

2011, and the FAA received no 

comments. 

Conclusion 

In light of the fact that no comments 

were submitted in response to the direct 

final rule, the FAA has determined that 

no further rulemaking action is 

necessary. Therefore, Amendment No. 

417–2 takes effect as of July 25, 2011. 


emcdonald on DSK2BSOYB1PROD with RULES
43826 Federal Register / Vol. 76, No. 141 / Friday, July 22, 2011 / Rules and Regulations 

1Omnibus Appropriations Act, 2009, Public Law 

111–8, 123 Stat. 524 (Omnibus Appropriations Act). 

2 Id. § 626(a), 123 Stat. at 678. 

3 5 U.S.C. 553. 

4Omnibus Appropriations Act § 626(a). Because 

Congress directed the Commission to use APA 

rulemaking procedures, the FTC did not use the 

procedures set forth in Section 18 of the Federal 

Trade Commission Act (FTC Act), 15 U.S.C. 57a. 

5Credit Card Accountability Responsibility and 

Disclosure Act of 2009, Public Law 111–24, 123 

Stat. 1734 (Credit CARD Act). 

6 Id. § 511. 

7 Id. § 511(a)(1)(B). In a separate rulemaking, the 

Commission issued a final rule with respect to 

mortgage assistance relief services. See Mortgage 

Assistance Relief Services (MARS), Final Rule, 75 

FR 75092 (Dec. 1, 2010), available at http:// 

www.ftc.gov/os/fedreg/2010/december/ 

R911003mars.pdf. 

8Credit CARD Act § 511(a)(1)(B). 

9Federal Trade Commission Policy Statement on 

Deception, appended to In re Cliffdale Assocs., Inc., 

103 F.T.C. 110, 174–84 (1984) (Deception Policy 

Statement). 

10 15 U.S.C. 45(n). Additionally, Section 5(n) of 

the FTC Act provides that ‘‘[i]n determining 

whether an act or practice is unfair, the 

Commission may consider established public 

policies as evidence to be considered with all other 

evidence. Such public policy considerations may 

not serve as a primary basis for such 

determination.’’ 

11Credit CARD Act § 511(a)(1)(C). 

12See 15 U.S.C. 44, 45(a)(2). 

13The FTC Act defines ‘‘banks’’ by reference to 

a listing of certain distinct types of depository 

institutions. See 15 U.S.C. 44, 57a(f)(2). That list 

includes: National banks, Federal branches of 

foreign banks, member banks of the Federal Reserve 

System, branches and agencies of foreign banks, 

commercial lending companies owned or controlled 

by foreign banks, banks insured by the Federal 

Deposit Insurance Corporation (FDIC), and insured 

state branches of foreign banks. The Commission 

has jurisdiction over entities that are affiliated with 

banks, such as parent or subsidiary companies, that 

are not themselves banks. This jurisdiction is held 

concurrently with the Federal bank regulatory 

agencies (the Board of Governors of the Federal 

Reserve System (Federal Reserve Board or Board), 

the Office of the Comptroller of the Currency (OCC), 

the FDIC, and the Office of Thrift Supervision 

(OTS)) and the National Credit Union 

Administration (NCUA) as to their respective 

institutions. See Gramm-Leach-Bliley Act, Public 

Law 106–102, § 133(a), 113 Stat. 1338, 1383 (1999) 

(codified at 15 U.S.C. 41 note (a)); Minnesota v. 

Fleet Mortg. Corp., 181 F. Supp. 2d 995 (D. Minn. 

2001). The FTC also has jurisdiction over non-bank 

entities that provide services to or on behalf of a 

bank, such as credit card marketing. See, e.g., FTC 

v. CompuCredit Corp., No. 08–1976, at 6–15 (N.D. 

Ga. Oct. 8, 2008) (magistrate judge’s non-final report 

and recommendation) (finding that the FTC has 

jurisdiction under FTC Act against entity that 

contracted to provide services to a bank); FTC v. 

Am. Std. Credit Sys., 874 F. Supp. 1080, 1086 (C.D. 

Cal. 1994) (dismissing argument that entity that 

contracted to perform credit card marketing and 

Issued in Washington, DC on July 18, 2011. 

Dennis R. Pratte, 

Acting Director, Office of Rulemaking. 

[FR Doc. 2011–18586 Filed 7–21–11; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 321 

Mortgage Acts and Practices— 

Advertising 

AGENCY: Federal Trade Commission 

(FTC or Commission). 

ACTION: Final rule. 

SUMMARY: Pursuant to the 2009 

Omnibus Appropriations Act (Omnibus 

Appropriations Act), as clarified by the 

Credit Card Accountability, 

Responsibility and Disclosure Act of 

2009 (Credit CARD Act), the 

Commission issues this Final Rule and 

Statement of Basis and Purpose (SBP) 

relating to unfair or deceptive acts and 

practices that may occur with regard to 

mortgage advertising. This Final Rule, 

among other things: Prohibits any 

misrepresentation in any commercial 

communication regarding any term of 

any mortgage credit product; and 

imposes certain recordkeeping 

requirements. 

DATES: This final rule is effective August 

19, 2011. 

ADDRESSES: Requests for copies of this 

Rule and this SBP 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 the proceeding, 

including the Final Rule and SBP, are 

available at http://www.ftc.gov. On July 

21, 2011, the Commission’s rulemaking 

authority under the Omnibus 

Appropriations Act transfers to the 

Consumer Financial Protection Bureau 

(contact information available at http:// 

www.consumerfinance.gov). 

FOR FURTHER INFORMATION CONTACT: 

Laura Johnson or Carole Reynolds, 

Attorneys, Division of Financial 

Practices, Federal Trade Commission, 

600 Pennsylvania Avenue, NW., 

Washington, DC 20580, (202) 326–3224. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Statutory Authority 

On March 11, 2009, President Obama 

signed the Omnibus Appropriations 

Act.1 Section 626 of that Act directed 

the Commission to commence, within 

90 days of enactment, a rulemaking 

proceeding with respect to mortgage 

loans.2 Section 626 also directed the 

FTC to use notice and comment 

procedures under Section 553 of the 

Administrative Procedure Act 3 to 

promulgate these rules.4

On May 22, 2009, President Obama 

signed the Credit CARD Act.5 Section 

511 of this statute clarified the 

Commission’s rulemaking authority 

under the Omnibus Appropriations 

Act.6

1. Covered Acts and Practices 

Section 511 of the Credit CARD Act 

specified that the FTC rulemaking 

‘‘shall relate to unfair or deceptive acts 

or practices regarding mortgage loans, 

which may include unfair or deceptive 

acts or practices involving loan 

modification and foreclosure rescue 

services.’’ 7 The Omnibus 

Appropriations Act, as clarified by the 

Credit CARD Act, does not otherwise 

specify what the Commission should 

include in, or exclude from, a rule, but 

rather directs the FTC to issue mortgage 

rules that ‘‘relate to’’ unfairness or 

deception.8

Section 5 of the FTC Act broadly 

proscribes unfair or deceptive acts or 

practices in or affecting commerce. An 

act or practice is deceptive if there is a 

representation, omission of information, 

or practice that is likely to mislead 

consumers who are acting reasonably 

under the circumstances, and the 

representation, omission, or practice is 

one that is material, i.e., likely to affect 

consumers’ decisions to purchase or use 

the product or service at issue.9 Section 

5(n) of the FTC Act sets forth a threepart test to determine whether an act or 

practice is unfair. First, the practice 

must be one that causes or is likely to 

cause substantial injury to consumers. 

Second, the injury must not be 

outweighed by countervailing benefits 

to consumers or to competition. Third, 

the injury must be one that consumers 

could not reasonably have avoided.10

Accordingly, the Commission 

interprets the Omnibus Appropriations 

Act, as clarified by the Credit CARD 

Act, to allow it to issue rules that 

prohibit or restrict unfair or deceptive 

conduct or that are reasonably related to 

the goal of preventing unfair or 

deceptive practices. The FTC notes, 

however, that all of the conduct 

prohibited by the Final Rule is itself 

deceptive. 

2. Covered Entities 

Section 511 of the Credit CARD Act 

also clarified that the Commission’s 

rulemaking authority is limited to 

entities over which the FTC has 

jurisdiction under the FTC Act.11 Under 

the FTC Act, the Commission has 

jurisdiction over any person, 

partnership, or corporation that engages 

in unfair or deceptive acts or practices 

in or affecting commerce, except, among 

others: 12 banks,13 savings and loan 


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