Federal Register / Vol. 75, No. 215 / Monday, November 8, 2010 / Proposed Rules 68559 

1 16 CFR 437 et seq. 

received and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address and 

phone number) between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. An informal docket 

may also be examined during normal 

business hours at the office of the 

Central Service Center, 2601 Meacham 

Blvd, Fort Worth, TX 76137. 

Persons interested in being placed on 

a mailing list for future NPRMs should 

contact the FAA’s Office of Rulemaking 

202–267–9677, to request a copy of 

Advisory Circular No. 11–2A, Notice of 

Proposed Rulemaking Distribution 

System, which describes the application 

procedure. 

The Proposal 

This action proposes to amend Title 

14, Code of Federal Regulations (14 

CFR), part 71 by establishing Class E 

airspace extending upward from 700 

feet above the surface for a new 

COPTER RNAV (POINT-IN-SPACE) 

SIAP at Mercy Medical Center Heliport, 

New Hampton, IA. Controlled airspace 

is needed for the safety and 

management of IFR operations. 

Class E airspace areas are published 

in Paragraph 6005 of FAA Order 

7400.9U, dated August 18, 2010, and 

effective September 15, 2010, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document would be 

published subsequently in the Order. 

The FAA has determined that this 

proposed 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. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is 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. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. 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 

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 would establish 

controlled airspace at Mercy Medical 

Center Heliport, New Hampton, IA. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 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 FAA Order 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, and 

effective September 15, 2010, is 

amended as follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ACE IA E5 New Hampton, IA [New] 

New Hampton, Mercy Medical Center 

Heliport, IA 

Point In Space 

(Lat. 43°03′11′′ N., long. 92°19′38′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6-mile radius 

of the Mercy Medical Center Heliport point 

in space at lat. 43°03′11′′ N., long. 92°19′38′′ 

W. 

Issued in Fort Worth, TX, on October 26, 

2010. 

Anthony D. Roetzel, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2010–28096 Filed 11–5–10; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 437 

Disclosure Requirements and 

Prohibitions Concerning Business 

Opportunities 

AGENCY: Federal Trade Commission. 

ACTION: Staff Report. 

SUMMARY: The Federal Trade 

Commission (‘‘FTC’’ or ‘‘Commission’’) 

announces the publication of the Staff 

Report on the Business Opportunity 

Rule. The Staff Report sets forth the 

staff’s recommendations to the 

Commission on the various proposed 

amendments to the Business 

Opportunity Rule. 

DATES: Comments on the Staff Report 

must be submitted on or before January 

18, 2011. 

ADDRESSES: Interested persons are 

invited to submit written comments 

electronically or in paper form by 

following the instructions in the 

SUPPLEMENTARY INFORMATION section 

below. Comments filed in electronic 

form should be submitted at: https:// 

ftcpublic.commentworks.com/ftc/ 

busopprulestaffreport (and following 

the instructions on the web-based form). 

Comments filed in paper form should be 

mailed or delivered to the following 

address: Federal Trade Commission/ 

Office of the Secretary, Room 113–H, 

Annex S, 600 Pennsylvania Ave., NW., 

Washington, DC 20580, in the manner 

detailed in the SUPPLEMENTARY

INFORMATION section below. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen Benway (202) 326–2024, 

Division of Marketing Practices, Bureau 

of Consumer Protection, Federal Trade 

Commission, 600 Pennsylvania Avenue, 

NW., Room H–286, Washington, DC 

20580. 

SUPPLEMENTARY INFORMATION: The 

Business Opportunity Rule, 16 CFR part 

437, requires the pre-sale disclosure of 

information to prospective purchasers 

about the business opportunity and the 

seller.1 The Business Opportunity Rule, 

modeled on the original Franchise Rule, 

mandates that business opportunity 

sellers make 22 separate categories of 

disclosures to potential buyers. The 

Commission has concluded that these 

extensive disclosure requirements 

impose unnecessary compliance costs 

on both business opportunity sellers 

and buyers. 

The Commission’s experience in 

conducting numerous law enforcement 

sweeps of the business opportunity 

industry, however, demonstrates that 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
68560 Federal Register / Vol. 75, No. 215 / Monday, November 8, 2010 / Proposed Rules 

2 71 FR 19,056 (Apr. 12, 2006). 

3 73 FR 16,110 (Mar. 28, 2008). 

4 74 FR 18,712 (Apr. 24, 2009). 

5FTC Rule 4.2(d), 16 CFR 4.2(d). The comment 

must be accompanied by an explicit request for 

confidential treatment, including the factual and 

legal basis for the request, and must identify the 

specific portions of the comment to be withheld 

from the public record. The request will be granted 

or denied by the Commission’s General Counsel, 

consistent with applicable law and the public 

interest. See FTC Rule 4.9(c), 16 CFR 4.9(c). 

fraud in the sale of business 

opportunities is not only prevalent but 

persistent. Accordingly, the 

Commission has engaged in an ongoing 

effort to amend the Business 

Opportunity Rule to adequately protect 

consumers from potentially fraudulent 

business opportunity sellers, while at 

the same time minimizing compliance 

costs. The Commission began by 

publishing an initial Notice of Proposed 

Rulemaking in 2006.2 It published a 

revised Notice of Proposed Rulemaking 

in 2008 (‘‘RNPR’’),3 and held a public 

workshop on June 1, 2009 to discuss 

proposed amended disclosure 

requirements.4

Pursuant to the Commission’s Rules 

of Practice, and the rulemaking 

procedures specified earlier in the 

RNPR, the Commission now announces 

the availability of the Staff Report on the 

Business Opportunity Rule. The Staff 

Report summarizes the rulemaking 

record to date, analyzes the various 

alternatives suggested, and sets forth the 

staff’s recommendation to the 

Commission on the proposed revised 

Rule. The Staff Report has not been 

endorsed or adopted by the 

Commission. 

The Staff Report is available at the 

FTC’s Web site at http://www.ftc.gov. It 

is also available from the Commission’s 

Public Reference Room, Room H–130, 

Federal Trade Commission, 600 

Pennsylvania Avenue, NW., 

Washington, DC 20580. 

The Commission invites interested 

parties to submit written data, views, 

and arguments on the recommendations 

announced by the Staff Report by 

following the instructions in the 

ADDRESSES section of this notice. 

Comments, however, are to be limited to 

those matters not already part of the 

rulemaking record. Further, comments 

previously submitted in the ongoing 

rulemaking procedures are already part 

of the rulemaking record and need not 

be repeated. Written communications 

and summaries or transcripts of any oral 

communications respecting the merits 

of this proceeding from any outside 

party to any Commissioner or 

Commissioner’s advisor will also be 

placed on the public record. See 16 CFR 

1.26(b)(5). 

Please note that comments will be 

placed on the public record—including 

on the publicly accessible FTC Web site, 

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

publiccomments.shtm—and therefore 

should not include any sensitive or 

confidential information. In particular, 

comments should not include any 

sensitive personal information, such as 

an individual’s Social Security Number; 

date of birth; driver’s license number or 

other state identification number, or 

foreign country equivalent; passport 

number; financial account number; or 

credit or debit card number. Comments 

also should not include any sensitive 

health information, such as medical 

records or other individually 

identifiable health information. In 

addition, comments should not include 

any ‘‘[t]rade secrets and commercial or 

financial information obtained from a 

person and privileged or confidential’’ 

as provided in Section 6(f) of the FTC 

Act, 15 U.S.C. 46(f), and Commission 

Rule 4.10(a)(2), 16 CFR 4.10(a)(2). 

Comments containing material for 

which confidential treatment is 

requested must be filed in paper (rather 

than electronic) form, must be clearly 

labeled ‘‘Confidential,’’ and must 

comply with FTC Rule 4.9(c).5

The FTC is requesting that any 

comment filed in paper form be sent by 

courier or overnight service, if possible, 

because U.S. postal mail in the 

Washington area, and at the 

Commission, is subject to delay due to 

heightened security precautions. 

Because U.S. postal mail is subject to 

delay due to heightened security 

measures, please consider submitting 

your comments in electronic form. To 

ensure that the Commission considers 

an electronic comment, you must file it 

on the web-based form at the weblink 

https://ftcpublic.commentworks.com/ 

ftc/busopprulestaffreport. If this Notice 

appears at http://www.regulations.gov/ 

search/index.isp, you also may file an 

electronic comment though that Web 

site. The Commission will consider all 

comments that regulations.gov forwards 

to it. 

The FTC Act and other laws the 

Commission administers permit the 

collection of public comments to 

consider and use in this proceeding as 

appropriate. The Commission will 

consider all timely and responsive 

public comments that it receives, 

whether filed in electronic or paper 

form. Comments received will be 

available to the public on the FTC Web 

site, to the extent practicable, at 

http://www.ftc.gov. As a matter of 

discretion, the FTC makes every effort to 

remove home contact information for 

individuals from the public comments it 

receives before placing those comments 

on the FTC Web site. More information, 

including routine uses permitted by the 

Privacy Act, may be found at the FTC’s 

privacy policy, at http://www.ftc.gov/ 

ftc/privacy.htm. 

Upon completion of the comment 

period, the staff will make final 

recommendations to the Commission 

about the Rule. Assuming the 

Commission adopts the proposed 

revised Rule as recommended by the 

staff, or after the conclusion of the 

comment period determines to make 

changes to the proposed revised Rule, it 

will publish in a future Federal Register 

notice the final text of the Rule, a 

statement of Basis and Purpose on the 

Rule, and an announcement of when the 

revised Rule will become effective. 

By direction of the Commission. 

Richard C. Donohue, 

Acting Secretary. 

[FR Doc. 2010–28044 Filed 11–5–10; 8:45 am] 

BILLING CODE 6750–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 240 

[Release No. 34–63236; File No. S7–32–10] 

RIN 3235–AK77 

Prohibition Against Fraud, 

Manipulation, and Deception in 

Connection With Security-Based 

Swaps 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Securities and Exchange 

Commission (‘‘Commission’’) is 

proposing for comment a new rule 

under the Securities Exchange Act of 

1934 (‘‘Exchange Act’’) that is intended 

to prevent fraud, manipulation, and 

deception in connection with the offer, 

purchase or sale of any security-based 

swap, the exercise of any right or 

performance of any obligation under a 

security-based swap, or the avoidance of 

such exercise or performance. 

DATES: Comments should be received on 

or before December 23, 2010. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/proposed.shtml); or 


emcdonald on DSK2BSOYB1PROD with PROPOSALS