; and (D) the term safe harbor request means a request to have self-regulatory guidelines described in paragraph (2)(A) approved under that paragraph. (2) Guidelines (A) In general An operator may satisfy the requirements of regulations issued under an applicable section by following a set of self-regulatory guidelines, issued by representatives of the marketing or online industries, or by other persons, that, after notice and an opportunity for comment, are approved by the Commission upon making a determination that the guidelines meet the requirements of the regulations issued under that applicable section. (B) Expedited response to requests Not later than 180 days after the date on which a safe harbor request is filed under subparagraph (A), the Commission shall act upon the request set forth in writing the conclusions of the Commission with regard to the request. (C) Appeals A requesting entity may appeal the final action of the Commission under subparagraph (B), or a failure by the Commission to act in the period described in that paragraph, to a district court of the United States of appropriate jurisdiction, as provided for in section 706 of title 5, United States Code. (3) Incentives (A) Self-regulatory incentives In prescribing regulations under an applicable section, the Commission shall provide incentives for self-regulation by covered operators to implement the protections afforded children and minors, as applicable, under the regulatory requirements described in those sections. (B) Deemed compliance The incentives under subparagraph (A) shall include provisions for ensuring that a covered operator will be deemed to be in compliance with the requirements of the regulations under an applicable section if that person complies with guidelines approved under paragraph (2). (4) Regulations In prescribing regulations relating to safe harbor guidelines under an applicable section, the Commission shall— (A) establish criteria for the approval of guidelines that will ensure that a covered operator provides