[Federal Register Volume 76, Number 134 (Wednesday, July 13, 2011)]
[Proposed Rules]
[Pages 41150-41154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17513]


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FEDERAL TRADE COMMISSION

16 CFR Chapter I


Notice Announcing Ten-Year Regulatory Review Schedule and Request 
for Public Comment on the Federal Trade Commission's Regulatory Review 
Program

AGENCY: Federal Trade Commission.

ACTION: Notice of intent to request public comments, and request for 
information and comment.

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SUMMARY: As part of its ongoing systematic review of all Federal Trade 
Commission rules and guides, the Commission announces a revised ten-
year regulatory review schedule. No Commission determination on the 
need for, or the substance of, the rules and guides listed below should 
be inferred from the notice of intent to publish requests for comments. 
The Commission further invites written comments regarding the 
Commission's longstanding regulatory review program and how to improve 
the process.

DATES: Written comments must be submitted on or before September 6, 
2011.

ADDRESSES: Interested parties may file a comment online or on paper, by 
following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. Write ``Regulatory Review 
Schedule'' on your comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/regulatoryreviewschedule, by following 
the instructions on the web-based form. If you prefer to file your 
comment on paper, mail or deliver your comment to the following 
address: Federal Trade Commission, Office of the Secretary, Room H-113 
(Annex N), 600 Pennsylvania Avenue, NW., Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: Jock Chung, (202) 326-2984, Attorney, 
Division of Enforcement, Bureau of Consumer Protection, Federal Trade 
Commission, Room M-8102B, 600 Pennsylvania Ave., NW., Washington, DC 
20580, regarding the regulatory review schedule. Further details about 
particular rules or guides may be obtained from the contact person 
listed below for the rule or guide.

SUPPLEMENTARY INFORMATION: In a rapidly changing marketplace, agency 
regulations can become outdated, ineffectual, and unduly burdensome. 
Therefore, it is important to systematically review regulations to 
ensure that they continue to achieve their intended goals without 
unduly burdening commerce. Since 1992, the FTC's regulatory review 
program has done just that. The Commission schedules its regulations 
and guides for review on a ten-year cycle; i.e., all rules and guides 
are scheduled to be reviewed ten years after implementation and ten 
years after completion of a regulatory review. The Commission publishes 
this schedule annually, with adjustments in

[[Page 41151]]

response to public input, changes in the marketplace, and resource 
demands.
    The FTC recently has accelerated review of three rules and a guide 
to account for changes in the marketplace and to reduce burdens on 
industry. Specifically, because of recent increases in the use of 
environmental marketing claims, in 2009 the Commission accelerated its 
review of its Guides for the Use of Environmental Marketing Claims, 
also known as the Green Guides, 16 CFR Part 260. In 2010, the 
Commission accelerated its reviews of the Children's Online Privacy 
Protection Rule, 16 CFR Part 312, to address rapid changes in 
technology and children's use of online media, and the Labeling 
Requirements for Alternative Fuels and Alternative Fueled Vehicles, 16 
CFR Part 309, to address potentially unnecessary or duplicative 
labeling requirements and harmonize FTC rules with the rules of a 
sister agency. And most recently, the Commission announced a new 
Premerger Notification and Report Form, which was the result of an 
acceleration in 2010 of the review of the Hart-Scott-Rodino Antitrust 
Improvements Act (``HSR'') Transmittal Rule, 16 CFR Part 803, to more 
rapidly alleviate any unnecessary burden on filers during these 
difficult economic times.
    The Commission is now announcing acceleration of reviews of 
additional rules. First, the Commission is accelerating its review of 
portions of the HSR Coverage Rule, 16 CFR Part 801, from 2013 to 2011. 
Second, the Commission is accelerating review of the Appliance Labeling 
Rule, 16 CFR Part 305, from 2018 to 2012, to address rapid changes in 
appliance technology and the increasing cost of energy.
    When the Commission reviews a rule or guide, it publishes a notice 
in the Federal Register seeking public comment on the continuing need 
for the rule or guide as well as the rule's or guide's costs and 
benefits to consumers and businesses. Based on this feedback, the 
Commission may modify or repeal the rule or guide to address public 
concerns or changed conditions, or to reduce undue regulatory burden. 
Using this process, the Commission has repealed 37 rules and guides, 
and updated dozens of others over the past two decades.
    For the first time, this year the Commission is seeking input on 
ways to improve its regulatory review program and the procedure used 
for reviewing the agency's rules and guides. Through comments 
suggesting improvements to its systematic regulatory review, the 
Commission seeks to ensure it is implementing a review process that 
accurately measures the effectiveness, efficiency, and consequences of 
its rules and guides in the face of changing marketplace conditions, 
evolving consumer behavior, and technological developments. To solicit 
such comments, this notice sets forth specific questions, and also 
invites all relevant information and suggestions. The Commission will 
analyze these comments and consider whether changes to its regulatory 
review process are warranted.

Revised Ten-Year Schedule for Review of FTC Rules and Guides

    The Commission currently has ongoing reviews relating to thirteen 
of its rules and guides.\1\ For example, currently, the Commission is 
considering amendments to the Labeling Requirements for Alternative 
Fuels and Alternative Fueled Vehicles, 16 CFR Part 309, that would 
harmonize FTC rules with Environmental Protection Agency rules and 
eliminate the need for businesses to apply two redundant labels from 
different agencies to covered vehicles.
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    \1\ Guides for Private Vocational and Distance Education 
Schools, 16 CFR Part 254; Guide Concerning Fuel Economy Advertising 
for New Automobiles, 16 CFR Part 259; Guides for the Use of 
Environmental Marketing Claims, 16 CFR Part 260; Automotive Fuel 
Ratings, Certification and Posting Rule, 16 CFR Part 306; Trade 
Regulation Rule Pursuant to the Telephone Disclosure and Dispute 
Resolution Act of 1992 [Pay Per Call Rule], 16 CFR Part 308; 
Labeling Requirements for Alternative Fuels and Alternative Fueled 
Vehicles Rule, 16 CFR Part 309; Children's Online Privacy Protection 
Rule, 16 CFR Part 312; Care Labeling of Textile Wearing Apparel and 
Certain Piece Goods as Amended Rule, 16 CFR. Part 423; Use of 
Prenotification Negative Option Plans Rule, 16 CFR Part 425; Rule 
Concerning the Cooling-Off Period for Sales Made at Homes or at 
Certain Other Locations, 16 CFR Part 429; Mail or Telephone Order 
Merchandise Rule, 16 CFR Part 435; Disclosure Requirements and 
Prohibitions Concerning Business Opportunities Rule, 16 CFR Part 
437; and Used Motor Vehicle Trade Regulation Rule, 16 CFR Part 455.
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    For 2011, the Commission intends to initiate a review of, and 
solicit public comments on, the following ten additional rules and 
guides.
    (1) Guides for the Advertising of Warranties and Guaranties, 16 CFR 
part 239. Agency Contact: Svetlana S. Gans, (202) 326-3708, Federal 
Trade Commission, Bureau of Consumer Protection, Division of Marketing 
Practices, 600 Pennsylvania Ave., NW., Washington, DC 20580.
    (2) Rules and Regulations under the Wool Products Labeling Act of 
1939, 16 CFR Part 300. Agency Contact: Robert M. Frisby, (202) 326-
2098, Federal Trade Commission, Bureau of Consumer Protection, Division 
of Enforcement, 600 Pennsylvania Ave., NW., Washington, DC 20580.
    (3) Rules and Regulations under the Fur Products Labeling Act, 16 
CFR Part 301. Agency Contact: Matthew J. Wilshire, (202) 326-2976, 
Federal Trade Commission, Bureau of Consumer Protection, Division of 
Enforcement, 600 Pennsylvania Ave., NW., Washington, DC 20580.
    (4) Rules and Regulations under the Textile Fiber Products 
Identification Act, 16 CFR Part 303. Agency Contact: Robert M. Frisby.
    (5) Retail Food Store Advertising and Marketing Practices Rule 
[Unavailability Rule], 16 CFR Part 424. Agency Contact: Jock Chung, 
(202) 326-2984, Federal Trade Commission, Bureau of Consumer 
Protection, Division of Enforcement, 600 Pennsylvania Ave., NW., 
Washington, DC 20580.
    (6) Interpretations of Magnuson-Moss Warranty Act, 16 CFR Part 700. 
Agency Contact: Svetlana S. Gans.
    (7) Disclosure of Written Consumer Product Warranty Terms and 
Conditions, 16 CFR Part 701. Agency Contact: Svetlana S. Gans.
    (8) Pre-Sale Availability of Written Warranty Terms, 16 CFR Part 
702. Agency Contact: Svetlana S. Gans.
    (9) Informal Dispute Settlement Procedures, 16 CFR Part 703. Agency 
Contact: Svetlana S. Gans.
    (10) [Hart-Scott-Rodino Antitrust Improvements Act] Coverage Rules, 
16 CFR Part 801. Agency Contact: Robert Jones, (202) 326-2740, Federal 
Trade Commission, Bureau of Competition, 600 Pennsylvania Ave., NW., 
Washington, DC 20580.
    Due to resource constraints, the Commission is postponing review of 
the following matters previously scheduled for 2011 review: 
Administrative Interpretations, General Policy Statements, and 
Enforcement Policy Statements, 16 CFR part 14; the Guides for the 
Jewelry, Precious Metals, and Pewter Industries, 16 CFR part 23; the 
Preservation of Consumers' Claims and Defenses Rule [Holder in Due 
Course Rule], 16 CFR Part 433; and the Credit Practices Rule, 16 CFR 
part 444.
    The Commission is removing the following nine matters from its 
regulatory review schedule because authority to modify or repeal them 
will be transferred to the Consumer Financial Protection Bureau (CFPB) 
in 2011: Disclosure Requirements for Depository Institutions Lacking 
Federal Deposit Insurance, 16 CFR Part 320; Mortgage Assistance Relief 
Services Rule, 16 CFR part 322; Statements of General Policy or 
Interpretations [of the Fair Credit Reporting Act Rules], 16 CFR Part 
600; [Identity Theft] Definitions, 16 CFR Part 603; Free Annual File 
Disclosures Rule, 16 CFR Part 610;

[[Page 41152]]

Prohibition Against Circumventing Treatment as a Nationwide Consumer 
Reporting Agency, 16 CFR Part 611; Duration of Active Duty Alerts, 16 
CFR Part 613; Appropriate Proof of Identity, 16 CFR Part 614; and 
Procedures for State Application for Exemption From the Provisions of 
the [Federal Debt Collection Practices] Act, 16 CFR Part 901.\2\
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    \2\ These nine matters transfer to CFPB pursuant to the Dodd-
Frank Wall Street Reform and Consumer Protection Act, Public Law 
111-203, Sec. 1061(b)(5), 124 Stat. 2004 (July 21, 2010). To the 
extent they apply to motor vehicle dealers, the Commission will 
retain rulemaking authority for seven other rules that are being 
transferred to the CFPB pursuant to sections 1029(a) and (c) of the 
Act: Privacy of Consumer Financial Information Privacy Rule, 16 CFR 
Part 313; Duties of Creditors Regarding Risk-Based Pricing, 16 CFR 
Part 640; Duties of Users of Consumer Reports Regarding Address 
Discrepancies, 16 CFR Part 641; Prescreen Opt-Out Notice, 16 CFR 
Part 642; Duties of Furnishers of Information to Consumer Reporting 
Agencies, 16 CFR Part 660; Affiliate Marketing, 16 CFR Part 680; 
Model Forms and Disclosures, 16 CFR Part 698.
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    Finally, the Commission is removing Smokeless Tobacco Regulations, 
16 CFR Part 307, from its review schedule because the Commission 
rescinded these regulations in 2010. 75 FR 59609 (September 28, 2010).
    A copy of the Commission's revised regulatory review schedule for 
2011 through 2020 is appended. The Commission, in its discretion, may 
modify or reorder the schedule in the future to incorporate new rules, 
or to respond to external factors (such as changes in the law) or other 
considerations.

Request for Comment

Questions

    We invite comment to help the Commission continue to improve its 
regulatory review process. All relevant comments will be considered, 
but we are particularly interested in obtaining your views on the 
following questions. When responding, please include any available 
evidence that supports your response.
    (1) Should the Commission continue to review its rules and guides 
every ten years? If not, what interval makes sense? Why?
    (2) Should different rules and guides be reviewed at different 
intervals? If so, which should be accelerated and which decelerated and 
on what basis?
    (3) In what other ways can the Commission modify its regulatory 
review program to make it more responsive to the needs of consumers and 
businesses?
    (4) What can the Commission do to streamline its regulatory review 
process?
    (5) Are there any federal, state, or foreign agencies with 
regulatory review programs that the Commission should study to improve 
its own program? If so which agencies, and what do they do that is 
superior to the Commission's program?
    (6) How should the Commission identify those rules and guides that 
can and should be modified, streamlined, expanded, or repealed? What 
factors should the Commission consider in selecting and prioritizing 
rules and guides for review? Why?
    (7) Does the Commission have rules or guides that duplicate or 
conflict with other agencies' requirements? Does the Commission 
currently collect information that it does not need or use effectively 
to achieve regulatory objectives? If so, what information is not 
needed? Why not?
    (8) Are there rules or guides that have become unnecessary and can 
be withdrawn without impairing the Commission's regulatory programs? If 
so, which rules and guides? Why?
    (9) Are there rules or guides that have become outdated and, if so, 
how can they be modernized to better accomplish their regulatory 
objectives? If so, which rules and guides? Why are they outdated?
    (10) Are there rules or guides that are still necessary, but have 
not operated as well as expected such that a modified, stronger, or 
slightly different approach is justified? If so, which rules and 
guides? Why and how should they be changed?
    (11) Are there rules or guides that have been or will soon be 
overtaken by technological developments? If so, which rules or guides? 
Why? How can they be modified to accommodate or utilize such 
technologies?

Instructions

    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before September 6, 
2011. Write ``Regulatory Review Schedule'' on your comment. Your 
comment including your name and your state will be placed on the public 
record of this proceeding, including, to the extent practicable, on the 
public Commission Website, at http://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the Commission tries to 
remove individuals' home contact information from comments before 
placing them on the Commission Website.
    Because your comment will be made public, you are solely 
responsible for making sure that your comment does not include any 
sensitive personal information, like anyone'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. You are also solely 
responsible for making sure that your comment does not include any 
sensitive health information, like medical records or other 
individually identifiable health information. In addition, do not 
include any [t]rade secret or any commercial or financial information 
which is obtained from any person and which is privileged or 
confidential, as provided in Section 6(f) of the FTC Act, 15 U.S.C. 
46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). In particular, do 
not include competitively sensitive information such as costs, sales 
statistics, inventories, formulas, patterns, devices, manufacturing 
processes, or customer names.
    If you want the Commission to give your comment confidential 
treatment, you must file it in paper form, with a request for 
confidential treatment, and you have to follow the procedure explained 
in FTC Rule 4.9(c), 16 CFR 4.9(c).\3\ Your comment will be kept 
confidential only if the FTC General Counsel, in his or her sole 
discretion, grants your request in accordance with the law and the 
public interest.
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    \3\ In particular, the written request for confidential 
treatment that accompanies the comment must include the factual and 
legal basis for the request, and must identify the specific portions 
of the comment to be withheld from the public record. See FTC Rule 
4.9(c), 16 CFR Part 4.9(c).
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    Postal mail addressed to the Commission is subject to delay due to 
heightened security screening. As a result, we encourage you to submit 
your comments online. To make sure that the Commission considers your 
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/regulatoryreviewschedule, by following the instruction on the web-
based form. If this Notice appears at http://www.regulations.gov/#!home, you also may file a comment through that website.
    If you file your comment on paper, write ``Regulatory Review 
Schedule'' on your comment and on the envelope, and mail or deliver it 
to the following address: Federal Trade Commission, Office of the 
Secretary, Room H-113 (Annex N), 600 Pennsylvania Avenue, NW., 
Washington, DC 20580. If possible, submit your paper comment to the 
Commission by courier or overnight service.
    Visit the Commission Web site at http://www.ftc.gov to read this 
Notice and the news release describing it. The

[[Page 41153]]

FTC Act and other laws that 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 on or before September 6, 2011. You 
can find more information, including routine uses permitted by the 
Privacy Act, in the Commission's privacy policy, at http://www.ftc.gov/ftc/privacy.htm.

    Authority:  15 U.S.C. 41-58.

    By direction of the Commission.
Donald S. Clark,
Secretary.

         Appendix--Regulatory Review Modified Ten-Year Schedule
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     16 CFR Part               Topic                Year to review
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254..................  Guides for Private     Under Review.
                        Vocational and
                        Distance Education
                        Schools.
259..................  Guide Concerning Fuel  Under Review.
                        Economy Advertising
                        for New Automobiles.
260..................  Guides for the Use of  Under Review.
                        Environmental
                        Marketing Claims.
306..................  Automotive Fuel        Under Review.
                        Ratings,
                        Certification and
                        Posting Rule.
308..................  Trade Regulation Rule  Under Review.
                        Pursuant to the
                        Telephone Disclosure
                        and Dispute
                        Resolution Act of
                        1992 [Pay Per Call
                        Rule].
309..................  Labeling Requirements  Under Review.
                        for Alternative
                        Fuels and
                        Alternative Fueled
                        Vehicles Rule.
312..................  Children's Online      Under Review.
                        Privacy Protection
                        Rule.
423..................  Care Labeling of       Under Review.
                        Textile Wearing
                        Apparel and Certain
                        Piece Goods Rule.
425..................  Use of                 Under Review.
                        Prenotification
                        Negative Option
                        Plans Rule.
429..................  Rule Concerning the    Under Review.
                        Cooling-Off Period
                        for Sales Made at
                        Homes or at Certain
                        Other Locations.
435..................  Mail or Telephone      Under Review.
                        Order Merchandise
                        Rule.
437..................  Disclosure             Under Review.
                        Requirements and
                        Prohibitions
                        Concerning Business
                        Opportunities Rule.
455..................  Used Motor Vehicle     Under Review.
                        Trade Regulation
                        Rule.
239..................  Guides for the         2011.
                        Advertising of
                        Warranties and
                        Guarantees.
300..................  Rules and Regulations  2011.
                        under the Wool
                        Products Labeling
                        Act of 1939.
301..................  Rules and Regulations  2011.
                        under Fur Products
                        Labeling Act.
303..................  Rules and Regulations  2011.
                        under the Textile
                        Fiber Products
                        Identification Act.
424..................  Retail Food Store      2011.
                        Advertising and
                        Marketing Practices
                        Rule [Unavailability
                        Rule].
700..................  Interpretations of     2011.
                        Magnuson-Moss
                        Warranty Act.
701..................  Disclosure of Written  2011.
                        Consumer Product
                        Warranty Terms and
                        Conditions.
702..................  Pre-Sale Availability  2011.
                        of Written Warranty
                        Terms.
703..................  Informal Dispute       2011.
                        Settlement
                        Procedures.
801..................   [Hart-Scott-Rodino    2011.
                        Antitrust
                        Improvements Act]
                        Coverage Rules.
20...................  Guides for the         2012.
                        Rebuilt,
                        Reconditioned and
                        Other Used
                        Automobile Parts
                        Industry.
23...................  Guides for the         2012.
                        Jewelry, Precious
                        Metals, and Pewter
                        Industries.
233..................  Guides Against         2012.
                        Deceptive Pricing.
238..................  Guides Against Bait    2012.
                        Advertising.
251..................  Guide Concerning Use   2012.
                        of the Word ``Free''
                        and Similar
                        Representations.
240..................  Guides for             2012.
                        Advertising
                        Allowances and Other
                        Merchandising
                        Payments and
                        Services.
305..................  Appliance Labeling     2012.
                        Rule.
433..................  Preservation of        2012.
                        Consumers' Claims
                        and Defenses Rule
                        [Holder in Due
                        Course Rule].
310..................  Telemarketing Sales    2013.
                        Rule.
500..................  Regulations under      2013.
                        Section 4 of the
                        Fair Packaging and
                        Labeling Act.
501..................  Exemptions from        2013.
                        Requirements and
                        Prohibitions under
                        Part 500 [of the
                        Fair Packaging and
                        Labeling Act].
502..................  Regulations under      2013.
                        Section 5(c) of the
                        Fair Packaging and
                        Labeling Act.
503..................  Statements of General  2013.
                        Policy or
                        Interpretation
                        [under the Fair
                        Packaging and
                        Labeling Act].
802..................   [Hart-Scott-Rodino    2013.
                        Antitrust
                        Improvements Act]
                        Exemption Rules.
304..................  Rules and Regulations  2014.
                        under the Hobby
                        Protection Act.
314..................  Standards for          2014.
                        Safeguarding
                        Customer Information.
315..................  Contact Lens Rule....  2015.
316..................  CAN-SPAM Rule........  2015.
456..................  Ophthalmic Practice    2015.
                        Rules (Eyeglass
                        Rule).
460..................  Labeling and           2016.
                        Advertising of Home
                        Insulation.
682..................  Disposal of Consumer   2016.
                        Report Information
                        and Records.
410..................  Deceptive Advertising  2017.
                        as to Sizes of
                        Viewable Pictures
                        Shown by Television
                        Receiving Sets.
18...................  Guides for the         2018.
                        Nursery Industry.
311..................  Test Procedures and    2018.
                        Labeling Standards
                        for Recycled Oil.
436..................  Disclosure             2018.
                        Requirements and
                        Prohibitions
                        Concerning
                        Franchising.
681..................  Identity Theft [Red    2018.
                        Flag] Rules.
24...................  Guides for Select      2019.
                        Leather and
                        Imitation Leather
                        Products.
453..................  Funeral Industry       2019.
                        Practices Rule.
14...................  Administrative         2020.
                        Interpretations,
                        General Policy
                        Statements, and
                        Enforcement Policy
                        Statements.
255..................  Guides Concerning Use  2020.
                        of Endorsements and
                        Testimonials in
                        Advertising.
313..................  Privacy of Consumer    2020.
                        Financial
                        Information Rule.
317..................  Prohibition of Energy  2020.
                        Market Manipulation
                        Rule.
318..................  Health Breach          2020.
                        Notification Rule.
432..................  Power Output Claims    2020.
                        for Amplifiers
                        Utilized in Home
                        Entertainment
                        Products Rule.
444..................  Credit Practices Rule  2020.
640..................  Duties of Creditors    2020.
                        Regarding
                        Risk[dash]Based
                        Pricing.
641..................  Duties of Users of     2020.
                        Consumer Reports
                        Regarding Address
                        Discrepancies.
642..................  Prescreen Opt-Out      2020.
                        Notice.
660..................  Duties of Furnishers   2020.
                        of Information to
                        Consumer Reporting
                        Agencies.
680..................  Affiliate Marketing..  2020.

[[Page 41154]]

 
698..................  Model Forms and        2020.
                        Disclosures.
803..................   [Hart-Scott-Rodino    2020.
                        Antitrust
                        Improvements Act]
                        Transmittal Rules.
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[FR Doc. 2011-17513 Filed 7-12-11; 8:45 am]
BILLING CODE 6750-01-P