2908 Federal Register / Vol. 76, No. 11 / Tuesday, January 18, 2011 / Notices 

4 In addition, many online retailers also operate 

‘‘brick-and-mortar’’ operations and still provide 

paper copies of warranties for review by customers 

who do not do business online. 

5FTC staff recently contacted representatives 

from two retailer associations—the National Retail 

Federation and the North American Retail Dealers 

Association—but we have not received any 

additional information that indicated we need to 

update the hours estimates. 

6FTC staff recently contacted representatives 

from the Association of International Automobile 

Manufacturers, but we have not received any 

additional information that indicated we need to 

further adjust the current hour estimates. 

7The wage rate used in this Notice reflect recent 

data from the Bureau of Labor Statistics National 

Compensation Survey (http://www.bls.gov/ncs/ocs/ 

sp/nctb1346.pdf). 

submission is preferred over U.S. postal 

mail delivery by the OMB, as the latter 

type of delivery is subject to delays due 

to heightened security precautions. Still, 

in case it is needed, the OMB mail 

address is: Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, New 

Executive Office Building, Docket 

Library, Room 10102, 725 17th Street, 

NW., Washington, DC 20503. The OMB 

requests that any comment filed in 

paper form be sent by courier or 

overnight service, if possible. 

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 on or 

before the deadline specified above in 

the DATES section, whether filed in 

paper or electronic form. 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.htm. 

Pre-Sale Availability Rule Burden 

Statement: Total annual hours burden: 

2,490,000 rounded to the nearest 

thousand. 

In its 2007 submission to OMB, FTC 

staff estimated that the information 

collection burden of making the 

disclosures required by the Pre-Sale 

Availability Rule was approximately 

2,328,000 hours per year. Although 

there has been no change in the Rule’s 

information collection requirements 

since 2007, staff has adjusted its 

previous estimate of the number of 

manufacturers subject to the Rule based 

on recent Census data. From that, staff 

now estimates that there are 

approximately 478 large manufacturers 

and 15,444 small manufacturers subject 

to the Rule. In addition, recent Census 

data suggests that there are an estimated 

6,892 large retailers and 452,553 small 

retailers impacted by the Rule. 

In its 2007 submission to OMB, staff 

took note that some online retailers had 

begun to make warranty information 

directly available on their Web sites, 

thereby reducing their paperwork 

burden under the Rule. As e-commerce 

continues to grow, it is likely that even 

more retailers are posting warranty 

information online than they were in 

2007. Nevertheless, because the staff 

assumes that only a small percentage of 

retailers would be significantly less 

burdened by posting warranty 

information online—namely, retailers 

with a large Internet presence or whose 

inventory is mainly composed of 

warranted products 4—the staff has 

retained its previous estimates of the 

hour burden for retailers. Therefore, 

staff continues to estimate that large 

retailers spend an average of 20.8 hours 

per year and small retailers spend an 

average 4.8 hours per year to comply 

with the Rule.5 Accordingly, the total 

annual burden for retailers is 

approximately 2,315,608 hours ((6,892 

large retailers × 20.8 burden hours) + 

(452,553 small retailers × 4.8 burden 

hours)). 

Staff also estimates that more 

manufacturers are beginning to provide 

retailers with warranty information in 

electronic form in fulfilling their 

obligations under the Rule. Therefore, 

staff finds it necessary at this time to 

adjust the hour burden for 

manufacturers as it did with retailers in 

its previous submission to OMB. 

Applying a 20% reduction to its 

previous estimates, the staff now 

assumes that large manufacturers spend 

an average of 42 hours per year and that 

small manufacturers spend an average 

of 10 hours per year to comply with the 

Rule.6 Accordingly, the total annual 

burden incurred by manufacturers is 

approximately 174,516 hours ((478 large 

manufacturers × 42 hours) + (15,444 

small manufacturers × 10 hours)). 

Thus, the total annual burden for all 

covered entities is approximately 

2,490,124 hours (2,315,608 hours for 

retailers + 174,516 hours for 

manufacturers). 

Total annual labor cost: $47,000,000 

rounded to the nearest thousand. 

The work required to comply with the 

Pre-Sale Availability Rule entails a mix 

of clerical work and work performed by 

sales associates. Staff estimates that half 

of the total burden hours would likely 

be performed by sales associates. At the 

manufacturing level, this work would 

entail ensuring that the written warranty 

accompanies every consumer product or 

that the required warranty information 

otherwise gets to the retailer. At the 

retail level, this work would entail 

ensuring that the written warranty is 

made available to the consumer prior to 

sale. The remaining half of the work 

required to comply with the Pre-Sale 

Availability Rule is clerical in nature, 

e.g., shipping or otherwise providing 

copies of manufacturer warranties to 

retailers and retailer maintenance of 

them. Applying a sales associate wage 

rate of $22/hour to half of the burden 

hours and a clerical wage rate of $16/ 

hour to half of the burden hours, the 

total annual labor cost burden is 

approximately $47,312,356 (1,245,062 

hours × $22 per hour) + (1,245,062 

hours × $16 per hour).7

Total annual capital or other nonlabor costs: De minimis. 

The vast majority of retailers and 

warrantors already have developed 

systems to provide the information the 

Rule requires. Compliance by retailers 

typically entails keeping warranties on 

file, in binders or otherwise, and posting 

an inexpensive sign indicating warranty 

availability. Manufacturer compliance 

entails providing retailers with a copy of 

the warranties included with their 

products. 

Willard K. Tom, 

General Counsel. 

[FR Doc. 2011–929 Filed 1–14–11; 8:45 am] 

BILLING CODE 6750–01–P 

FEDERAL TRADE COMMISSION 

[File No. 102 3064] 

Nonprofit Management LLC and 

Jeremy Ryan Claeys; 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 February 11, 2011. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to ‘‘Tested 

Green, File No. 102 3064’’ to facilitate 

the organization of comments. Please 

note that your comment—including 

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Federal Register / Vol. 76, No. 11 / Tuesday, January 18, 2011 / Notices 2909 

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). 

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 Web link: https://

ftcpublic.commentworks.com/ftc/tested

green 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 Web link: https://

ftcpublic.commentworks.com/ftc/

testedgreen. 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 ‘‘Tested Green, File 

No. 102 3064’’ 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–135 

(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/public

comments.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: 

Elsie B. Kappler (202–326–2466), 

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 of 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 January 11, 2011), 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 has 

accepted, subject to final approval, an 

Agreement Containing Consent Order 

from Nonprofit Management LLC and 

Jeremy Ryan Claeys, also doing business 

as Tested Green (‘‘respondents’’). 

The proposed consent 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. 

This matter involves the advertising, 

marketing, and sale of environmental 

certifications. From approximately 

February 2009 to April 2010, 

respondents marketed the Tested Green 

certification using their Web site, 

http://www.testedgreen.com, as well as 

mass e-mails linking to their Web site. 

The marketing claimed that Tested 

Green was the ‘‘nation’s leading 

certification program with over 45,000 

certifications in the United States.’’ 

However, respondents never tested any 

of the companies to which they issued 

certifications, and certified anyone 

willing to pay a designated fee of either 

$189.95 for a ‘‘Rapid’’ certification, or 

$549.95 for a ‘‘Pro’’ certification. 

Immediately upon certifying companies, 

respondents provided them with HTML 

text for the Tested Green logo and a 

‘‘certification verification page’’ that they 

could, in turn, use to advertise their 

Tested Green certified status. 

Respondents also claimed that Tested 

Green was endorsed by the National 

Green Business Association (‘‘NGBA’’) 

and the National Association of 

Government Contractors (‘‘NAGC’’), two 

organizations which they own and 

operate. 

The Commission alleges that the 

Tested Green certification constituted 

an express or implied representation 

that the products, services, programs, or 

entities bearing the certification had 

been independently and objectively 

evaluated based on their environmental 

attributes or benefits, when, in fact, they 

had not. Additionally, by furnishing 

businesses with the certification and the 

tools to advertise it, respondents 

provided such businesses with the 

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2910 Federal Register / Vol. 76, No. 11 / Tuesday, January 18, 2011 / Notices 

means and instrumentalities for the 

commission of deceptive acts and 

practices, and accordingly, themselves 

committed a deceptive act in violation 

of Section 5 of the FTC Act. 

The Commission also alleges that by 

stating that the NGBA and the NAGC 

endorsed Tested Green, respondents 

represented expressly or impliedly that 

they were independent from these 

organizations, when, in fact, they own 

and operate NGBA and NAGC. 

Therefore, respondents’ statement of 

endorsement by NGBA and NAGC was 

false and misleading, in violation of 

Section 5. Similarly, in light of 

respondents’ express and implied 

representation that these organizations 

were independent, respondents’ failure 

to disclose their relationship to NGBA 

and NAGC was deceptive, in violation 

of Section 5. 

Part I of the proposed order prohibits 

respondents from misrepresenting: (1) 

The fact that, or degree to which, they 

have, or a third party has, evaluated a 

product, package, service, practice, or 

program based on its environmental 

benefits or attributes; (2) that 

respondents have, or a third party has, 

the appropriate expertise to evaluate the 

environmental benefits or attributes of a 

product, package, service, practice, or 

program; (3) the number of certifications 

issued by respondents; and (4) that a 

product, package, certification, service, 

practice, or program is endorsed by an 

independent person or organization. 

Part II of the proposed order bars 

respondents, in connection with the 

labeling, advertising, marketing, 

promotion, offering for sale, sale, or 

distribution of any product, package, 

certification, service, practice, or 

program, from providing others with the 

means and instrumentalities to make, 

expressly or impliedly, any false or 

misleading statement. 

Part III of the proposed order bars 

respondents from making any 

representation, expressly or by 

implication, about any user or endorser 

of a product, package, certification, 

service, practice, or program, unless 

they clearly and prominently disclose a 

material connection with such user or 

endorser, where one exists. 

Parts IV through VIII of the proposed 

order are reporting and compliance 

provisions. Part IV requires respondents 

to retain documents relating to their 

compliance with the order. Part V 

requires dissemination of the order to 

all current and future principals, 

officers, directors, managers, employees, 

agents, and representatives having 

responsibilities relating to the subject 

matter of the order. Part VI ensures 

notification to the FTC of changes in 

respondent Nonprofit Management’s 

corporate status. Part VII mandates that 

respondent Claeys notify the FTC of any 

changes in his business affiliations or 

employment. Part VIII mandates that 

respondents submit a report to the 

Commission detailing their compliance 

with the order. Part IX provides that the 

order expires after twenty (20) years, 

with certain exceptions. 

The purpose of this analysis is to aid 

public comment on the proposed order. 

It is not intended to constitute an 

official interpretation of the proposed 

order or to modify its terms in any way. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2011–926 Filed 1–14–11; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Meeting of the National Vaccine 

Advisory Committee 

AGENCY: Office of the Assistant 

Secretary for Health, Office of the 

Secretary, Department of Health and 

Human Services. 

ACTION: Notice of meeting. 

SUMMARY: As stipulated by the Federal 

Advisory Committee Act, the 

Department of Health and Human 

Services (DHHS) is hereby giving notice 

that the National Vaccine Advisory 

Committee (NVAC) will hold a meeting. 

The meeting is open to the public. Preregistration is required for both public 

attendance and comment. Individuals 

who wish to attend the meeting and/or 

participate in the public comment 

session should either e-mail 

nvpo@hhs.gov or call 202–690–5566 to 

register and provide name, organization, 

and e-mail address. 

DATES: The meeting will be held on 

February 16, 2011 from 8:30 a.m. to 5 

p.m., EDT, and February 17, 2011 from 

8:30 am to 4 p.m., EDT. 

ADDRESSES: Department of Health and 

Human Services; Hubert H. Humphrey 

Building, Room 800, 200 Independence 

Avenue, SW., Washington, DC 20201. 

FOR FURTHER INFORMATION CONTACT: 

National Vaccine Program Office, 

Department of Health and Human 

Services, Room 715–H, Hubert H. 

Humphrey Building, 200 Independence 

Avenue, SW., Washington, DC 20201. 

Phone: (202) 690–5566; Fax: (202) 260– 

1165; e-mail: nvpo@hhs.gov. 

SUPPLEMENTARY INFORMATION: Pursuant 

to Section 2101 of the Public Health 

Service Act (42 U.S.C. 300aa–1), the 

Secretary of Health and Human Services 

was mandated to establish the National 

Vaccine Program to achieve optimal 

prevention of human infectious diseases 

through immunization and to achieve 

optimal prevention against adverse 

reactions to vaccines. The National 

Vaccine Advisory Committee was 

established to provide advice and make 

recommendations to the Director of the 

National Vaccine Program on matters 

related to the program’s responsibilities. 

The Assistant Secretary for Health 

serves as Director of the National 

Vaccine Program. 

Topics to be discussed at the meeting 

include the National Vaccine Plan, 

Influenza 2010–2011 Season, H1N1 

Vaccine Safety, and other related issues. 

The meeting agenda will be posted on 

the Web site: http://www.hhs.gov/nvpo/ 

nvac at least one week prior to the 

meeting. Public attendance at the 

meeting is limited to space available. 

Individuals who plan to attend and 

need special assistance, such as sign 

language interpretation or other 

reasonable accommodations, should 

notify the National Vaccine Program 

Office at the address/phone listed above 

at least one week prior to the meeting. 

Members of the public will have the 

opportunity to provide comments at the 

meeting. Public comment will be 

limited to five minutes per speaker. 

Individuals who would like to submit 

written statements should e-mail or fax 

their comments to the National Vaccine 

Program Office at least five business 

days prior to the meeting. 

Dated: January 7, 2011. 

Bruce Gellin, 

Deputy Assistant Secretary for Health, 

Director, National Vaccine Program Office. 

[FR Doc. 2011–868 Filed 1–14–11; 8:45 am] 

BILLING CODE 4150–44–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

HIT Policy Committee’s Meaningful 

Use Workgroup Meetings; Notice of 

Meetings and Request for Comments 

AGENCY: Office of the National 

Coordinator for Health Information 

Technology, HHS. 

ACTION: Notice of Meetings and request 

for comments. 

This notice announces the 

forthcoming subcommittee meetings of a 

Federal advisory committee of the 

Office of the National Coordinator for 

Health Information Technology (ONC). 

The meeting will be open to the public. 

Name of Subcommittee: HIT Policy 

Committee Meaningful Use Workgroup. 

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