Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Notices 68149

Trans # Acquiring Acquired Entities 

20050046 ......................... Ares Corporate Opportunities Fund, 

L.P.

KTIN Holdings, LLC .......................... KTIN Holdings, LLC. 

20050047 ......................... Segal Projects, LLC .......................... NRG Energy, Inc ............................... LSP Equipment, LLC., LSP-Kendall 

Energy, LLC. 

20050048 ......................... ArcLight Energy Partners Fund II, 

L.P.

Allegheny Energy, Inc ....................... Monongohela Power Company, 

Mountaineer Gas Company. 

20050067 ......................... Ares Corporate Opportunities Fund, 

L.P.

Samsonite Corporation ...................... Samsonite Corporation. 

20050068 ......................... Harris Corporation ............................. Encoda Systems Holdings, Inc ......... Encoda Systems Holdings, Inc. 

20050074 ......................... Macquarie Infrastructure Company 

Trust.

Macquarie Global Infrastructure Fund 

A.

Macquarie Airports North America 

Inc., Macquarie Americas Parking 

Corporation. 

20050075 ......................... TPG Partner IV, L.P .......................... Enron Corp. (Debtor in Possession) Portland General Electric Company. 

20050076 ......................... Macquarie Infrastructure Company 

Trust.

Macquarie Global Infrastructure Fund 

B.

Macquarie Airports North America 

Inc., Macquarie Americas Parking 

Corporation. 

20050080 ......................... Vulcan Materials Company ............... Vulcan Materials Company ............... Vulcan Chloralkali, LLC. 

20050084 ......................... AAFK Acquisition, Inc ........................ K&F Industries, Inc ............................ K&F Industries, Inc. 

Transactions Granted Early Termination—10/29/2004

20041442 ......................... Olympus Growth Fund IV, L.P .......... Three Cities Fund III, L.P .................. Meridian Rail Acquisition Corp. 

20041459 ......................... BAE Systems plc ............................... Alphatech, Inc .................................... Alphatech, Inc. 

20050003 ......................... Fidelity National Financial, Inc .......... InterCept, Inc ..................................... InterCept, Inc. 

20050040 ......................... GlaxoSmithKline plc .......................... Human Genome Sciences, Inc ......... Human Genome Sciences, Inc. 

20050064 ......................... Wells Fargo & Company ................... Richard S. Strong .............................. Strong Capital Management, Inc., 

Strong Financial Corporation, 

Strong Investments, Inc., Strong 

Investor Services, Inc., Strong Retirement Plan Services, Inc. 

20050089 ......................... Windsor Food Company, Ltd ............ Fremont Partners III, L.P ................... SBI Holdings, Inc. 

20050091 ......................... AB Holdings Inc ................................. Kenneth R. Thomson ........................ Thomson Media Inc. 

20050093 ......................... Pfizer, Inc .......................................... GOJO Industries, Inc ......................... GOJO Indusries, Inc. 

FOR FURTHER INFORMATION CONTACT:

Sandra M. Peay, Contact Representative, 

or Renee Hallman, Case Management 

Assistant, Federal Trade Commission, 

Premerger Notification Office, Bureau of 

Competition, Room H–303, Washington, 

DC 20580, (202) 326–3100.

By direction of the Commission. 

Donald S. Clark, 

Secretary.

[FR Doc. 04–25934 Filed 11–22–04; 8:45 am] 

BILLING CODE 6750–01–M

FEDERAL TRADE COMMISSION

[File No. 032 3221] 

Petco Animal Supplies, Inc.; Analysis 

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 that accompanies the 

consent agreement 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 December 15, 2004.

ADDRESSES: Comments should refer to 

‘‘Petco Animal Supplies, Inc., File No. 

032 3221,’’ to facilitate the organization 

of comments. A comment filed in paper 

form should include this 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–159, 600 Pennsylvania 

Avenue, NW., Washington, DC 20580. 

Comments containing confidential 

material must be filed in paper form, as 

explained in the SUPPLEMENTARY

INFORMATION section. 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. Comments filed in 

electronic form (except comments 

containing any confidential material) 

should be sent to the following e-mail 

box: consentagreement@ftc.gov.

FOR FURTHER INFORMATION CONTACT:

Alain Sheer, FTC, Bureau of Consumer 

Protection, 600 Pennsylvania Avenue, 

NW., Washington, DC 20580, (202) 326–

3321.

SUPPLEMENTARY INFORMATION: Pursuant 

to Section 6(f) of the Federal Trade 

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

46(f), and Section 2.34 of the 

Commission’s 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 

November 17, 2004), on the World Wide 

Web, at ‘‘http://www.ftc.gov/os/2004/

11/index.htm.’’ 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. Written 

comments must be submitted on or 

before December 15, 2004. Comments 

68150 Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Notices 

1Commission 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 Commission Rule 4.9(c), 16 CFR 

4.9(c).

should refer to ‘‘Petco Animal Supplies, 

Inc., File No. 032 3221,’’ to facilitate the 

organization of comments. A comment 

filed in paper form should include this 

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–159, 600 

Pennsylvania Avenue, NW., 

Washington, DC 20580. If the comment 

contains any material for which 

confidential treatment is requested, it 

must be filed in paper (rather than 

electronic) form, and the first page of 

the document must be clearly labeled 

‘‘Confidential.’’ 1 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. Comments filed in 

electronic form should be sent to the 

following e-mail box: 

consentagreement@ftc.gov.

The FTC Act and other laws the 

Commission administers permit the 

collection of public comments to 

consider and use in this proceeding as 

appropriate. All timely and responsive 

public comments, whether filed in 

paper or electronic form, will be 

considered by the Commission, and 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 in the FTC’s 

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

ftc/privacy.htm.

Analysis of Proposed Consent Order To 

Aid Public Comment 

The Federal Trade Commission has 

accepted, subject to final approval, a 

consent agreement from Petco Animal 

Supplies, Inc. (‘‘Petco’’). 

The consent agreement 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. 

Petco is a national retailer that sells 

pet food, pet supplies, and pet services 

from over 600 stores throughout the 

United States. It also sells pet food and 

supplies through its online store at 

http://www.PETCO.com. This matter 

concerns alleged false or misleading 

representations Petco made to 

consumers about the security of 

personal information collected through 

its online store. 

The Commission’s proposed 

complaint alleges that Petco represented 

that personal information it obtained 

from consumers through http://

www.PETCO.com was stored in an 

encrypted format and therefore was not 

accessible to anyone except the 

consumer that provided the 

information. The complaint alleges this 

representation was false because a 

commonly known attack on its Web site 

could and was used to gain access in 

clear readable text to personal 

information, including credit card 

numbers and expiration dates, that 

Petco obtained from consumers. 

The proposed complaint also alleges 

that Petco represented that it 

implemented reasonable and 

appropriate measures to protect the 

personal information it obtained 

through the website against 

unauthorized access. The complaint 

alleges this representation was false 

because Petco did not implement 

reasonable and appropriate measures to 

detect common vulnerabilities and 

prevent them from being exploited. 

The proposed order applies to Petco’s 

collection and storage of personal 

information from or about consumers in 

connection with its online business. It 

contains provisions designed to prevent 

Petco from engaging in the future in 

practices similar to those alleged in the 

complaint. 

Specifically, Part I of the proposed 

order prohibits Petco, in connection 

with online advertising, marketing, 

promotion, offering for sale, or sale of 

any product or service, from 

misrepresenting the extent to which it 

maintains and protects the security, 

confidentiality, or integrity of any 

personal information collected from or 

about consumers. 

Part II of the proposed order requires 

Petco to establish and maintain a 

comprehensive information security 

program in writing that is reasonably 

designed to protect the security, 

confidentiality, and integrity of personal 

information collected from or about 

consumers. The security program must 

contain administrative, technical, and 

physical safeguards appropriate to 

Petco’s size and complexity, the nature 

and scope of its activities, and the 

sensitivity of the personal information 

collected from or about consumers. 

Specifically, the order requires Petco to: 

• Designate an employee or 

employees to coordinate and be 

accountable for the information security 

program. 

• Identify material internal and 

external risks to the security, 

confidentiality, and integrity of 

consumer information that could result 

in unauthorized disclosure, misuse, 

loss, alteration, destruction, or other 

compromise of such information, and 

assess the sufficiency of any safeguards 

in place to control these risks. At a 

minimum, this risk assessment should 

include consideration of the risks in 

each area of relevant operation. 

• Design and implement reasonable 

safeguards to control the risks identified 

through risk assessment, and regularly 

test or monitor the effectiveness of the 

safeguards’ key controls, systems, and 

procedures. 

• Evaluate and adjust its information 

security program in light of the results 

of testing and monitoring, any material 

changes to its operations or business 

arrangements, or any other 

circumstances that Petco knows or has 

reason to know may have a material 

impact on the effectiveness of its 

information security program. 

Part III of the proposed order requires 

that Petco obtain within 180 days after 

being served with the final order 

approved by the Commission, and on a 

biennial basis thereafter, an assessment 

and report from a qualified, objective, 

independent third-party professional, 

certifying, among other things, that: (1) 

Petco has in place a security program 

that provides protections that meet or 

exceed the protections required by Part 

II of the proposed order, and (2) Petco’s 

security program is operating with 

sufficient effectiveness to provide 

reasonable assurance that the security, 

confidentiality, and integrity of 

consumers’ personal information has 

been protected. 

Parts IV through VII of the proposed 

order are reporting and compliance 

provisions. Part IV requires Petco to 

retain documents relating to 

compliance. It requires Petco to retain 

most documents for a five-year period; 

assessments and supporting documents, 

however, must be retained for three 

years after the date when each 

assessment is prepared. Part V requires 

dissemination of the order now and in 

the future to persons with 

Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Notices 68151

1Commission 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 Commission Rule 4.9(c), 16 CFR 

4.9(c).

responsibilities relating to the subject 

matter of the proposed order. Part VI 

requires Petco to notify the Commission 

of changes in Petco’s corporate status. 

Part VII mandates that Petco submit 

compliance reports to the FTC. Part VIII 

is a provision ‘‘sunsetting’’ the order 

after twenty (20 ) years, with certain 

exceptions. 

The purpose of this analysis is to 

facilitate public comment on the 

proposed order. It is not intended to 

constitute an official interpretation of 

the proposed order to modify its terms 

in any way.

By direction of the Commission. 

Donald S. Clark, 

Secretary.

[FR Doc. 04–25935 Filed 11–22–04; 8:45 am] 

BILLING CODE 6750–01–P

FEDERAL TRADE COMMISSION

[File No. 042 3153] 

Sunbelt Lending Services, Inc.; 

Analysis 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 that accompanies the 

consent agreement 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 December 15, 2004.

ADDRESSES: Comments should refer to 

‘‘Sunbelt Lending Services, Inc., File 

No. 042 3153,’’ to facilitate the 

organization of comments. A comment 

filed in paper form should include this 

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–159, 600 

Pennsylvania Avenue, NW., 

Washington, DC 20580. Comments 

containing confidential material must be 

filed in paper form, as explained in the 

Supplementary Information section. 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. Comments filed in 

electronic form (except comments 

containing any confidential material) 

should be sent to the following email 

box: consentagreement@ftc.gov.

FOR FURTHER INFORMATION CONTACT:

Jessica Rich, FTC, Bureau of Consumer 

Protection, 600 Pennsylvania Avenue, 

NW., Washington, DC 20580, (202) 326–

3224.

SUPPLEMENTARY INFORMATION: Pursuant 

to Section 6(f) of the Federal Trade 

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

46(f), and Section 2.34 of the 

Commission’s 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 

November 16, 2004), on the World Wide 

Web, at http://www.ftc.gov/os/2004/11/

index.htm. 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. Written 

comments must be submitted on or 

before December 15, 2004. Comments 

should refer to ‘‘Sunbelt Lending 

Services, Inc., File No. 042 3153,’’ to 

facilitate the organization of comments. 

A comment filed in paper form should 

include this 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–159, 

600 Pennsylvania Avenue, NW., 

Washington, DC 20580. If the comment 

contains any material for which 

confidential treatment is requested, it 

must be filed in paper (rather than 

electronic) form, and the first page of 

the document must be clearly labeled 

‘‘Confidential.’’ 1 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. Comments filed in 

electronic form should be sent to the 

following email box: 

consentagreement@ftc.gov.

The FTC Act and other laws the 

Commission administers permit the 

collection of public comments to 

consider and use in this proceeding as 

appropriate. All timely and responsive 

public comments, whether filed in 

paper or electronic form, will be 

considered by the Commission, and 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 in the FTC’s 

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

ftc/privacy.htm.

Analysis of Proposed Consent Order To 

Aid Public Comment 

The Federal Trade Commission 

(‘‘Commission’’) has accepted a consent 

agreement, subject to final approval, 

from Sunbelt Lending Services, Inc. 

(‘‘Sunbelt’’). Sunbelt is a mortgage 

broker with headquarters in Clearwater, 

Florida. Sunbelt collects sensitive 

customer information, including 

customer names, social security 

numbers, credit histories, bank account 

numbers, and income tax returns, and is 

a ‘‘financial institution’’ subject to the 

Gramm-Leach-Bliley Act’s Standards for 

Safeguarding Customer Information 

Rule, 16 CFR part 314 (‘‘Safeguards 

Rule’’) and Privacy of Consumer 

Financial Information Rule, 16 CFR part 

313 (‘‘Privacy Rule’’). 

The proposed consent agreement 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 concerns Sunbelt’s 

alleged violations of the Safeguards and 

Privacy Rules. The Safeguards Rule, 

which became effective on May 23, 

2003, requires financial institutions to 

implement reasonable policies and 

procedures to ensure the security and 

confidentiality of customer information, 

including: