Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Notices 15311 

or who is seeking access or amendment 

to records maintained in this system of 

records must submit a request in writing 

to Privacy@FDIC.Gov or to the Legal 

Division, FOIA/Privacy Act Group, 

FDIC, 550 17th Street, NW., 

Washington, DC 20429, in accordance 

with FDIC regulations at 12 CFR part 

310. The request to the FDIC should 

contain: (1) A statement that it is made 

pursuant to the Privacy Act of 1974, (2) 

the name of the system of records 

expected to contain the records 

requested or a concise description of 

such system of records, (3) necessary 

information to verify the identity of the 

requester, including the requester’s 

name and residence address, (4) a 

notarized statement attesting to the 

requester’s identity, and (5) any other 

information that may assist in the rapid 

identification of the records for which 

access or amendment is being requested. 

RECORD ACCESS PROCEDURES: 

Same as ‘‘Notification Procedures’’ 

above. 

CONTESTING RECORD PROCEDURES: 

Same as ‘‘Notification Procedures’’ 

above except that the envelope mailed 

to the FDIC should be clearly marked 

‘‘Privacy Act Amendment Request.’’ A 

request to the FDIC for amendment of a 

record should contain the information 

set forth in ‘‘Notification Procedures’’ 

above. In addition, the request should 

also: (1) Specify the portion of the 

record requested to be amended, and (2) 

describe the nature of and reasons for 

each requested amendment in 

accordance with FDIC regulations at 12 

CFR part 310. 

RECORD SOURCE CATEGORIES: 

Information maintained in this system 

is obtained from MLOs who submit 

information to the registry and the 

results of FBI background checks. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

By order of the Board of Directors. 

Dated at Washington, DC, this 15th day of 

March, 2011. 

Robert E. Feldman, 

Executive Secretary. 

[FR Doc. 2011–6568 Filed 3–18–11; 8:45 am] 

BILLING CODE 6714–01–P 

FEDERAL RESERVE SYSTEM 

Change in Bank Control Notices; 

Acquisitions of Shares of a Bank or 

Bank Holding Company 

The notificants listed below have 

applied under the Change in Bank 

Control Act (12 U.S.C. 1817(j)) and 

§ 225.41 of the Board’s Regulation Y (12 

CFR 225.41) to acquire shares of a bank 

or bank holding company. The factors 

that are considered in acting on the 

notices are set forth in paragraph 7 of 

the Act (12 U.S.C. 1817(j)(7)). 

The notices are available for 

immediate inspection at the Federal 

Reserve Bank indicated. The notices 

also will be available for inspection at 

the offices of the Board of Governors. 

Interested persons may express their 

views in writing to the Reserve Bank 

indicated for that notice or to the offices 

of the Board of Governors. Comments 

must be received not later than April 4, 

2011. 

A. Federal Reserve Bank of Chicago 

(Colette A. Fried, Assistant Vice 

President) 230 South LaSalle Street, 

Chicago, Illinois 60690–1414: 

1. Lucinda Hill Alden, Los Angeles, 

California, as trustee for The Gilbert D. 

Hill Descendant’s Trust, The Roberta E. 

Hill Descendant’s Trust, The Julie Hill 

Irrevocable Trust Dated April 7, 2003, 

and the Lucinda Hill Irrevocable Trust 

Dated April 7, 2003, all of Los Angeles, 

California, to retain control of Newell 

Bancshares, Inc., Newell, Iowa, and 

thereby indirectly control First 

Community Bank, Newell, Iowa. 

B. Federal Reserve Bank of Kansas 

City (Dennis Denney, Assistant Vice 

President) 1 Memorial Drive, Kansas 

City, Missouri 64198–0001: 

1. Scott T. Athey, Enid, Oklahoma, to 

acquire control of Security Financial 

Services Corporation, parent of The 

Security National Bank of Enid, both in 

Enid, Oklahoma. 

Board of Governors of the Federal Reserve 

System, March 16, 2011. 

Jennifer J. Johnson, 

Secretary of the Board. 

[FR Doc. 2011–6541 Filed 3–18–11; 8:45 am] 

BILLING CODE 6210–01–P 

FEDERAL RESERVE SYSTEM 

Formations of, Acquisitions by, and 

Mergers of Bank Holding Companies 

The companies listed in this notice 

have applied to the Board for approval, 

pursuant to the Bank Holding Company 

Act of 1956 (12 U.S.C. 1841 et seq.) 

(BHC Act), Regulation Y (12 CFR part 

225), and all other applicable statutes 

and regulations to become a bank 

holding company and/or to acquire the 

assets or the ownership of, control of, or 

the power to vote shares of a bank or 

bank holding company and all of the 

banks and nonbanking companies 

owned by the bank holding company, 

including the companies listed below. 

The applications listed below, as well 

as other related filings required by the 

Board, are available for immediate 

inspection at the Federal Reserve Bank 

indicated. The application also will be 

available for inspection at the offices of 

the Board of Governors. Interested 

persons may express their views in 

writing on the standards enumerated in 

the BHC Act (12 U.S.C. 1842(c)). If the 

proposal also involves the acquisition of 

a nonbanking company, the review also 

includes whether the acquisition of the 

nonbanking company complies with the 

standards in section 4 of the BHC Act 

(12 U.S.C. 1843). Unless otherwise 

noted, nonbanking activities will be 

conducted throughout the United States. 

Unless otherwise noted, comments 

regarding each of these applications 

must be received at the Reserve Bank 

indicated or the offices of the Board of 

Governors not later than April 14, 2011. 

A. Federal Reserve Bank of Chicago 

(Colette A. Fried, Assistant Vice 

President) 230 South LaSalle Street, 

Chicago, Illinois 60690–1414: 

1. Home Financial Bancorp, Spencer, 

Indiana, to become a bank holding by 

acquiring 100 percent of the voting 

shares of Owen Community Bank, s.b., 

Spencer, Indiana. In connection with 

this application, Applicant also 

proposes to engage through its 

subsidiary, OCB Insurance Agency, Inc., 

Spencer, Indiana, in the sale of 

insurance in a town less than 5,000, 

pursuant to section 225.28 (b)(11)(iii)(A) 

of Regulation Y. 

B. Federal Reserve Bank of St. Louis 

(Glenda Wilson, Community Affairs 

Officer) P.O. Box 442, St. Louis, 

Missouri 63166–2034: 

1. The McGehee Bank Employee Stock 

Ownership Plan, McGehee, Arkansas, to 

acquire additional direct ownership of 

up to 35 percent of Southeast Financial 

Bankstock Corporation, McGehee, 

Arkansas, and thereby increase its 

indirect control of McGehee Bank, 

McGehee, Arkansas. 

Board of Governors of the Federal Reserve 

System, March 16, 2011. 

Jennifer J. Johnson, 

Secretary of the Board. 

[FR Doc. 2011–6542 Filed 3–18–11; 8:45 am] 

BILLING CODE 6210–01–P 

FEDERAL TRADE COMMISSION 

[File No. 102 3055] 

Legacy Learning Systems, Inc.; 

Analysis of Proposed Consent Order 

To Aid Public Comment 

AGENCY: Federal Trade Commission. 

ACTION: Proposed Consent Agreement. 

mstockstill on DSKH9S0YB1PROD with NOTICES

15312 Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Notices 

1The 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). 

SUMMARY: The consent agreement in this 

matter settles alleged violations of 

federal law prohibiting unfair or 

deceptive acts or practices or unfair 

methods of competition. The attached 

Analysis to Aid Public Comment 

describes both the allegations in the 

draft complaint and the terms of the 

consent order—embodied in the consent 

agreement—that would settle these 

allegations. 

DATES: Comments must be received on 

or before April 15, 2011. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to ‘‘Legacy 

Learning Systems, File No. 102 3055’’ to 

facilitate the organization of comments. 

Please note that your comment— 

including your name and your state— 

will be placed on the public record of 

this proceeding, including on the 

publicly accessible FTC Web site, at 

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

publiccomments.shtm. 

Because comments will be made 

public, they 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 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 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 form, must be clearly labeled 

‘‘Confidential,’’ and must comply with 

FTC Rule 4.9(c), 16 CFR 4.9(c).1

Because paper mail addressed to the 

FTC is subject to delay due to 

heightened security screening, please 

consider submitting your comments in 

electronic form. Comments filed in 

electronic form should be submitted by 

using the following weblink: https:// 

ftcpublic.commentworks.com/ftc/ 

legacylearningsystems and following the 

instructions on the web-based form. To 

ensure that the Commission considers 

an electronic comment, you must file it 

on the web-based form at https:// 

ftcpublic.commentworks.com/ftc/legacy

learningsystems. If this Notice appears 

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

index.jsp, you may also file an 

electronic comment through that Web 

site. The Commission will consider all 

comments that regulations.gov forwards 

to it. You may also visit the FTC Web 

site at http://www.ftc.gov/ to read the 

Notice and the news release describing 

it. 

A comment filed in paper form 

should include the ‘‘Legacy Learning 

Systems, File No. 102 3055’’ reference 

both in the text and on the envelope, 

and should be mailed or delivered to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

Room H–113 (Annex D), 600 

Pennsylvania Avenue, NW., 

Washington, DC 20580. 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. 

The Federal Trade Commission Act 

(‘‘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 paper or electronic 

form. Comments received will be 

available to the public on the FTC Web 

site, to the extent practicable, at 

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

publiccomments.shtm. As a matter of 

discretion, the Commission 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 in the FTC’s privacy 

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

privacy.shtm. 

FOR FURTHER INFORMATION CONTACT: 

Stacey Ferguson (202–326–2361) or 

Victor DeFrancis (202–326–3495), FTC 

Bureau of Consumer Protection, 600 

Pennsylvania Avenue, NW., 

Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 6(f) of the Federal Trade 

Commission Act, 38 Stat. 721, 15 U.S.C. 

46(f), and § 2.34 the Commission Rules 

of Practice, 16 CFR 2.34, notice is 

hereby given that the above-captioned 

consent agreement containing a consent 

order to cease and desist, having been 

filed with and accepted, subject to final 

approval, by the Commission, has been 

placed on the public record for a period 

of thirty (30) days. The following 

Analysis to Aid Public Comment 

describes the terms of the consent 

agreement, and the allegations in the 

complaint. An electronic copy of the 

full text of the consent agreement 

package can be obtained from the FTC 

Home Page (for March 15, 2010), on the 

World Wide Web, at http://www.ftc.gov/ 

os/actions.shtm. A paper copy can be 

obtained from the FTC Public Reference 

Room, Room 130–H, 600 Pennsylvania 

Avenue, NW., Washington, DC 20580, 

either in person or by calling (202) 326– 

2222. 

Public comments are invited, and may 

be filed with the Commission in either 

paper or electronic form. All comments 

should be filed as prescribed in the 

ADDRESSES section above, and must be 

received on or before the date specified 

in the DATES section. 

Analysis of Agreement Containing 

Consent Order To Aid Public Comment 

The Federal Trade Commission 

(‘‘FTC’’ or ‘‘Commission’’) has accepted, 

subject to final approval, an agreement 

containing a consent order from Legacy 

Learning Systems, Inc. and Lester 

Gabriel Smith, an officer and director of 

the corporation (‘‘respondents’’). 

The proposed consent order 

(‘‘proposed order’’) has been placed on 

the public record for thirty (30) days for 

receipt of comments by interested 

persons. Comments received during this 

period will become part of the public 

record. After thirty (30) days, the 

Commission will again review the 

agreement and the comments received, 

and will decide whether it should 

withdraw from the agreement and take 

appropriate action or make final the 

agreement’s proposed order. 

The practices challenged in this case 

relate to the advertising of respondents’ 

instructional courses via an online 

affiliate marketing program. According 

to the Commission’s complaint, many of 

respondents’ affiliates promoted 

respondents’ instructional courses 

through positive endorsements in 

articles, blog posts, or other online 

editorial copy that contained hyperlinks 

to respondents’ Web site in close 

proximity to the endorsements. For each 

sale of an instructional course to a 

consumer directed to respondents’ Web 

site by an affiliate, respondents paid the 

affiliate a commission of 20 to 45 

percent of the purchase price. The 

affiliates often posted endorsements 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Notices 15313 

1The 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). 

about respondents’ instructional courses 

using statements that gave readers the 

impression the endorsements had been 

submitted by ordinary consumers or 

independent reviewers. Respondents 

failed to implement a reasonable 

monitoring program to ensure that these 

postings clearly and prominently 

disclosed the compensated nature of the 

affiliates’ relationship to respondents. 

The Commission’s complaint alleges 

that respondents violated Section 5 of 

the FTC Act by disseminating or causing 

to be disseminated reviews of their 

instructional courses that 

misrepresented that they were those of 

independent, ordinary consumers. The 

complaint further alleges that 

respondents violated Section 5 by 

failing to disclose, or disclose 

adequately, that the affiliates receive 

financial compensation from the sale of 

respondents’ products. 

Part I of the proposed order prohibits 

respondents, in connection with the 

advertising of any product or service, 

from misrepresenting the status of any 

user or endorser of a product or service, 

including, but not limited to, 

misrepresenting that the user or 

endorser is an independent user or 

ordinary consumer of the product or 

service. 

Part II prohibits respondents from 

making any representation about any 

user or endorser of a product or service 

unless they disclose, clearly and 

prominently, a material connection, 

when one exists, between the user or 

endorser of the product or service and 

any other party involved in promoting 

that product or service. The proposed 

order defines ‘‘material connection’’ as 

any relationship that materially affects 

the weight or credibility of any 

endorsement and would not be 

reasonably expected by consumers. 

Part III requires respondents to take 

immediate steps to ensure compliance 

with Parts I and II of the order, 

including maintaining a system to 

review and monitor their affiliate 

representations and disclosures. The 

proposed order requires respondents to 

determine, on a semi-annual basis, their 

top fifty (50) revenue-generating 

affiliates, and then monitor, on a 

monthly basis, the Web sites of those 

affiliates and the Web sites of a random 

sample of fifty (50) of their remaining 

affiliates. Part III also requires 

respondents to terminate any affiliate 

who engages in conduct inconsistent 

with Parts I and II of the order and to 

maintain reports regarding compliance 

with Part III of the order. 

Part IV requires respondents to serve 

copies of the order to prospective 

affiliates prior to their entry into 

respondents’ affiliate program, and to 

current affiliates within ten days of the 

date of service of the order. 

Part V requires respondents to pay to 

the Commission a sum of $250,000. This 

payment may be used in the 

Commission’s sole discretion to provide 

appropriate relief, which may include, 

but is not limited to, the recision of 

contracts, payment of damages, and/or 

public notification respecting the unfair 

or deceptive acts or practices alleged in 

the complaint. If the Commission 

determines that such relief is wholly or 

partially impracticable, any or all such 

funds shall be paid to the United States 

Treasury. 

Parts VI through X of the proposed 

order require respondents to: Keep 

copies of relevant consumer complaints 

and inquiries, documents demonstrating 

order compliance, and any documents 

relating to any representation covered 

by this order; provide copies of the 

order to certain of their personnel; 

notify the Commission of changes in 

corporate structure that might affect 

compliance obligations under the order; 

notify the Commission of changes in 

corporate business or employment as to 

respondent Lester Gabriel Smith 

individually; and file compliance 

reports with the Commission. Part XI 

provides that the order will terminate 

after twenty (20) years, with certain 

exceptions. 

The purpose of this analysis is to 

facilitate public comment on the 

proposed order, and it is not intended 

to constitute an official interpretation of 

the agreement and proposed order or to 

modify in any way their terms. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2011–6491 Filed 3–18–11; 8:45 am] 

BILLING CODE 6750–01–P 

FEDERAL TRADE COMMISSION 

[File No. 102 3087] 

Chitika, Inc.; Analysis of Proposed 

Consent Order To Aid Public Comment 

AGENCY: Federal Trade Commission. 

ACTION: Proposed consent agreement. 

SUMMARY: The consent agreement in this 

matter settles alleged violations of 

federal law prohibiting unfair or 

deceptive acts or practices or unfair 

methods of competition. The attached 

Analysis to Aid Public Comment 

describes both the allegations in the 

draft complaint and the terms of the 

consent order—embodied in the consent 

agreement—that would settle these 

allegations. 

DATES: Comments must be received on 

or before April 14, 2011. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to ‘‘Chitika, File 

No. 102 3087’’ to facilitate the 

organization of comments. Please note 

that your comment—including your 

name and your state—will be placed on 

the public record of this proceeding, 

including on the publicly accessible 

FTC Web site, at http://www.ftc.gov/os/ 

publiccomments.shtm. 

Because comments will be made 

public, they 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 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 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 form, must be clearly labeled 

‘‘Confidential’’, and must comply with 

FTC Rule 4.9(c), 16 CFR 4.9(c).1

Because paper mail addressed to the 

FTC is subject to delay due to 

heightened security screening, please 

consider submitting your comments in 

electronic form. Comments filed in 

electronic form should be submitted by 

using the following weblink: https:// 

ftcpublic.commentworks.com/ftc/ 

chitika and following the instructions 

on the Web-based form. To ensure that 

the Commission considers an electronic 

comment, you must file it on the Webbased form at the https:// 

ftcpublic.commentworks.com/ftc/ 

chitika. If this Notice appears at 

http://www.regulations.gov/search/ 

index.jsp, you may also file an 

electronic comment through that Web 

site. The Commission will consider all 

comments that regulations.gov forwards 

mstockstill on DSKH9S0YB1PROD with NOTICES