Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / Notices 10795 

FEDERAL MINE SAFETY AND HEALTH 

REVIEW COMMISSION 

Sunshine Act Notice 

TIME AND DATE: 2 p.m., Wednesday, 

March 24, 2010. 

PLACE: The United States Department of 

Labor Auditorium, Frances Perkins 

Building, 200 Constitution Avenue, 

NW., Washington, DC. 

STATUS: Open. 

MATTERS TO BE CONSIDERED: The 

Commission will hear oral argument in 

the matter Secretary of Labor v. Eastern 

Associated Coal Corporation, Docket 

No. WEVA 2007–335. (Issues include 

whether certain violations of roof 

control requirements constituted an 

‘‘unwarrantable failure to comply.’’) 

Any person attending this oral 

argument who requires special 

accessibility features and/or auxiliary 

aids, such as sign language interpreters, 

must inform the Commission in advance 

of those needs. Subject to 29 CFR 

2706.150(a)(3) and 2706.160(d). 

CONTACT PERSON FOR MORE INFORMATION: 

Jean Ellen (202) 434–9950/(202) 708– 

9300 for TDD Relay/1–800–877–8339 

for toll free. 

Jean H. Ellen, 

Chief Docket Clerk. 

[FR Doc. 2010–5090 Filed 3–5–10; 4:15 pm] 

BILLING CODE 6735–01–P 

FEDERAL RESERVE SYSTEM 

Change in Bank Control Notices; 

Acquisition of Shares of Bank or Bank 

Holding Companies 

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 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 office 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 March 

22, 2010. 

A. Federal Reserve Bank of St. Louis 

(Glenda Wilson, Community Affairs 

Officer) 411 Locust Street, St. Louis, 

Missouri 63166-2034: 

1. R. Tracy Fox, Little Rock, Arkansas, 

as trustee of the Smith Associated 

Banking Corporation Voting Trust 

Agreement, which will gain control of 

Smith Associated Banking Corporation, 

Hot Springs, Arkansas; and indirectly 

control Bank of Salem, Salem, Arkansas, 

and Security Bank, Stephens, Arkansas. 

Board of Governors of the Federal Reserve 

System, March 4, 2010. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. 2010–4970 Filed 3–8–10; 8:45 am] 

BILLING CODE 6210–01–S 

FEDERAL RESERVE SYSTEM 

Sunshine Act Meeting 

AGENCY HOLDING THE MEETING: Board of 

Governors of the Federal Reserve 

System. 

TIME AND DATE: 12 p.m., Monday, March 

15, 2010. 

PLACE: Marriner S. Eccles Federal 

Reserve Board Building, 20th and C 

Streets, N.W., Washington, D.C. 20551. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: 

1. Personnel actions (appointments, 

promotions, assignments, 

reassignments, and salary actions) 

involving individual Federal Reserve 

System employees. 

2. Any items carried forward from a 

previously announced meeting. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Smith, Director, or Dave 

Skidmore, Assistant to the Board, Office 

of Board Members at 202–452–2955. 

SUPPLEMENTARY INFORMATION: You may 

call 202–452–3206 beginning at 

approximately 5 p.m. two business days 

before the meeting for a recorded 

announcement of bank and bank 

holding company applications 

scheduled for the meeting; or you may 

contact the Board’s Web site at http:// 

www.federalreserve.gov for an electronic 

announcement that not only lists 

applications, but also indicates 

procedural and other information about 

the meeting. 

Board of Governors of the Federal Reserve 

System, March 5, 2010. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. 2010–5106 Filed 3–5–10; 4:15 pm] 

BILLING CODE 6210–01–S 

FEDERAL RETIREMENT THRIFT 

INVESTMENT BOARD 

Sunshine Act; Notice of Meeting 

TIME AND DATE: 9 a.m. (Eastern Time) 

March 15, 2010. 

PLACE: 4th Floor Conference Room, 

1250 H Street, NW., Washington, DC 

20005. 

STATUS: Parts will be open to the public 

and parts closed to the public. 

MATTERS TO BE CONSIDERED

Parts Open to the Public 

1. Approval of the minutes of the 

February 16, 2010, Board member 

meeting. 

2. Thrift Savings Plan activity report 

by the Executive Director. 

a. Monthly Participant Activity 

Report. 

b. Monthly Investment Performance 

Report. 

c. Legislative Report. 

Parts Closed to the Public 

3. Proprietary Data. 

4. Proprietary Data. 

CONTACT PERSON FOR MORE INFORMATION: 

Thomas J. Trabucco, Director, Office of 

External Affairs, (202) 942–1640. 

Dated: March 4, 2010. 

Thomas K. Emswiler, 

Secretary, Federal Retirement Thrift 

Investment Board. 

[FR Doc. 2010–5049 Filed 3–5–10; 11:15 am] 

BILLING CODE 6760–01–P 

FEDERAL TRADE COMMISSION 

[File No. 091 0133] 

PepsiCo, Inc.; Analysis of Agreement 

Containing 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 March 26, 2010. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to ‘‘PepsiCo, File 


sroberts on DSKD5P82C1PROD with NOTICES
10796 Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / 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). 

No. 091 0133’’ 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 website, 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:// 

public.commentworks.com/ftc/pepsico) 

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 weblink: (https:// 

public.commentworks.com/ftc/pepsico). 

If this Notice appears at (http:// 

www.regulations.gov/search/index.jsp), 

you may also file an electronic comment 

through that website. The Commission 

will consider all comments that 

regulations.gov forwards to it. You may 

also visit the FTC website at (http:// 

www.ftc.gov/) to read the Notice and the 

news release describing it. 

A comment filed in paper form 

should include the ‘‘PepsiCo, File No. 

091 0133’’ 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 

website, 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 

website. 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: Joan 

Heim (202-326-2014) or Joseph S. 

Brownman (202-326-2605), Bureau of 

Competition, 600 Pennsylvania Avenue, 

NW, Washington, D.C. 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 February 26, 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, D.C. 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 

I. Introduction 

The Federal Trade Commission 

(‘‘Commission’’) has accepted, subject to 

final approval, an Agreement 

Containing Consent Order from 

Respondent PepsiCo, Inc. (‘‘PepsiCo’’), to 

address concerns in connection with 

PepsiCo’s acquisitions of two of its 

bottlers and the subsequent exclusive 

license from Dr Pepper Snapple Group, 

Inc. (‘‘DPSG’’), to bottle, distribute and 

sell the Dr Pepper, Crush, and 

Schweppes carbonated soft drink brands 

of DPSG in certain territories. The 

Consent Agreement requires, among 

other things, that PepsiCo limit the 

persons within the company who have 

access to commercially sensitive 

confidential information that DPSG will 

provide to PepsiCo to enable PepsiCo to 

carry out the distribution functions 

contemplated by the license. 

The DPSG - PepsiCo license 

agreement followed PepsiCo’s 

announced proposed acquisitions of its 

two largest bottler-distributors, Pepsi 

Bottling Group, Inc. (‘‘PBG’’), and 

PepsiAmericas, Inc. (‘‘PAS’’). These two 

bottler-distributors had been licensed by 

PepsiCo and by DPSG to bottle and 

distribute many of their carbonated soft 

drink brands. Following the 

acquisitions, PepsiCo will take on the 

bottling and distribution functions 

previously performed by PBG and PAS. 

The Complaint alleges that, as a result 

of PepsiCo’s acquisition of PBG and 

PAS, PepsiCo will have access to 

DPSG’s commercially sensitive 

confidential marketing and brand plans. 

Without adequate safeguards, PepsiCo 

could misuse that information, leading 

to anticompetitive conduct that would 

make DPSG a less effective competitor 

or would facilitate coordination in the 

industry. To remedy this problem, the 

proposed Consent Agreement allows 

only PepsiCo employees who perform 

traditional carbonated soft drink ‘‘bottler 

functions’’ access to the DPSG 

commercially sensitive information. It 

prohibits PepsiCo employees involved 

in traditional ‘‘concentrate-related 

functions’’ from seeing that information. 

II. Respondent PepsiCo, Inc. 

PepsiCo is a corporation organized, 

existing, and doing business under and 


sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / Notices 10797 

2The production right is not exclusive to allow 

DPSG to produce carbonated soft drinks in the 

former PBG and PAS territories for sale by DPSG 

outside those territories. 

3The license agreement is for an initial term of 

twenty (20) years, with automatic renewal for 

additional twenty (20) year periods, unless 

terminated pursuant its terms. 

by virtue of the laws of the State of 

North Carolina, with its office and 

principal place of business located at 

700 Anderson Hill Road, Purchase, New 

York 10577. PepsiCo in 2009 had total 

worldwide revenues from the sale of all 

products of about $43 billion. PepsiCo’s 

United States sales in 2009 of 

carbonated soft drink concentrate 

totaled about $3 billion. United States 

sales of all of PepsiCo’s carbonated soft 

drink brands are over $20 billion. 

PepsiCo is a food and beverage 

company that includes PepsiCo 

Americas Beverages (a beverage arm), 

Frito-Lay (a snack food arm), and 

Quaker Foods (a cereal arm). Among 

other products, PepsiCo produces the 

concentrate for the PepsiCo carbonated 

soft drink beverage brands that are 

distributed by its bottlers. Some of those 

brands are Pepsi-Cola, Diet Pepsi, 

Mountain Dew, Diet Mountain Dew, 

Sierra Mist, Slice, and Mug Root Beer. 

III. Licensor Dr Pepper Snapple Group, 

Inc. 

DPSG is a corporation organized, 

existing and doing business under and 

by virtue of the laws of the State of 

Delaware, with its office and principal 

place of business located at 5301 Legacy 

Drive, Plano, Texas 75024. Among other 

things, DPSG produces the concentrate 

for the DPSG carbonated soft drink 

brands that are distributed by its 

bottlers. Some of those brands are Dr 

Pepper, Diet Dr Pepper, Crush, 

Schweppes, Canada Dry, Vernor’s, A&W 

Root Beer, 7-UP, Hires Root Beer, IBC, 

RC Cola, Diet Rite, Welch’s Grape Soda, 

Sunkist, and Squirt. DPSG in 2009 had 

total revenues of about $6 billion. 

DPSG’s United States sales in 2009 of 

carbonated soft drink concentrate 

totaled about $1.5 billion. 

IV. The Bottlers 

A. Pepsi Bottling Group, Inc. 

PBG is a corporation organized, 

existing and doing business under and 

by virtue of the laws of the State of 

Delaware, with its office and principal 

place of business located at One Pepsi 

Way, Somers, New York 10589. PBG is 

the nation’s largest bottler and 

distributor of PepsiCo beverages and 

accounts for about 56% of PepsiCo’s 

total U.S. bottler-distributed volume of 

carbonated soft drink beverages. PBG’s 

United States sales in 2009 of 

carbonated soft drinks totaled about $6 

billion. PBG is the bottler-distributor for 

many PepsiCo and DPSG carbonated 

soft drink brands. The geographic areas 

or territories in which PBG is licensed 

to distribute PepsiCo brand carbonated 

soft drinks include all or a portion of 41 

states and the District of Columbia. 

B. PepsiAmericas, Inc 

PAS is a corporation organized, 

existing and doing business under and 

by virtue of the laws of the State of 

Delaware, with its office and principal 

place of business located at 4000 RBC 

Plaza, 60 South Sixth Street, 

Minneapolis, Minnesota 55402. PAS is 

the nation’s second largest bottler and 

distributor of PepsiCo beverages. PAS’s 

United States sales in 2009 of 

carbonated soft drinks totaled about 

$2.5 billion. PAS accounts for about 

19% of PepsiCo’s total U.S. bottlerdistributed volume of carbonated soft 

drinks. PAS is the bottler-distributor for 

many PepsiCo and DPSG carbonated 

soft drink brands. The principal 

geographic areas or territories in which 

PAS is licensed to distribute PepsiCo 

brand carbonated soft drinks include all 

or a portion of 19 states, primarily in the 

Midwest. 

V. The Two Transactions 

A. The Bottler Acquisitions 

On August 3, 2009, PepsiCo entered 

into agreements with PBG and PAS, the 

two largest independent bottlers and 

distributors of its carbonated soft drink 

brands, to acquire all of their remaining 

outstanding voting securities. The total 

value of the acquired shares for both 

bottlers would be approximately $7.8 

billion. At the time of the agreements, 

PepsiCo owned about 40% of PBG and 

about 43% of PAS. Together, PBG and 

PAS have been responsible for about 

75% of all United States bottlerdistributed sales of PepsiCo carbonated 

soft drink brands and about 20% of all 

United States bottler-distributed sales of 

DPSG carbonated soft drink brands. 

B. The DPSG-PepsiCo License 

Agreement 

Following the agreements to acquire 

PBG and PAS, PepsiCo sought a license 

to continue to bottle and distribute the 

DPSG brands that the bottling 

companies had distributed. (The DPSG 

licenses held by PBG and PAS were 

terminated by DPSG as a result of the 

proposed acquisitions.) In the DPSGPepsiCo license agreement, dated 

December 7, 2009, PepsiCo agreed to 

bottle and distribute DPSG’s Dr Pepper, 

Crush, and Schweppes carbonated soft 

drink brands in the former PBG and 

PAS territories, where those bottlers had 

been producing and distributing those 

products. PepsiCo agreed to pay DPSG 

$900 million for a non-exclusive license 

to produce2 and an exclusive, twentyyear3 license to distribute and sell those 

brands. 

Under the license agreement, PepsiCo 

has agreed, among other things, to (a) 

distribute the Dr Pepper brand in all 

classes of trade based on the Pepsi 

brands; (b) grow the Dr Pepper brand 

based on the sales of other carbonated 

soft drink brands; (c) promote the DPSG 

beverages and provide sales support for 

such promotions, based on PepsiCo’s 

promotions of its other soft drink 

beverages, and (d) in connection with 

price-off promotions and media 

advertising, promote and advertise the 

Dr Pepper brand based on rates of 

promotion and advertising of the 

PepsiCo brands. 

VI. The Proposed Complaint 

The Commission’s Complaint alleges 

that PepsiCo and DPSG are direct 

competitors in the highly concentrated 

and difficult to enter markets for (a) 

branded concentrate and (b) branded 

and direct-store-door delivered 

carbonated soft drinks. The concentrate 

markets are both national and local, and 

the branded carbonated soft drink 

markets are local. Total United States 

sales of concentrate are about $9 billion, 

and total United States sales of 

carbonated soft drinks, measured at 

retail, are about $70 billion. 

By acquiring PBG and PAS, PepsiCo 

will be bottling and distributing both its 

own products and those of its 

competitor DPSG. Concentrate 

manufacturers like DPSG share 

commercially sensitive information 

with bottlers so that bottlers can 

effectively carry out their 

responsibilities; DPSG currently 

provides this sort of information to PBG 

and PAS. As DPSG’s bottler, PepsiCo 

will need this type of information. 

At the same time, Pepsico remains a 

competitor of DPSG. PepsiCo could use 

the information in ways that undermine 

competition. The Complaint alleges that 

PepsiCo’s access to DPSG’s confidential 

information could eliminate 

competition between PepsiCo and 

DPSG, increase the likelihood that 

PepsiCo may unilaterally exercise 

market power, and facilitate coordinated 

interaction in the industry. In turn, that 

conduct could lead to higher prices for 

consumers. 


sroberts on DSKD5P82C1PROD with NOTICES
10798 Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / 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). 

VII. The Proposed Consent Order 

To remedy the alleged competitive 

concern associated with access to the 

DPSG commercially sensitive 

confidential information, the consent 

decree prevents that information from 

reaching PepsiCo employees who could 

use it to either harm DPSG or to 

facilitate collusion. PepsiCo must set up 

a firewall to prevent persons responsible 

for ‘‘concentrate-related functions’’ – the 

kinds of functions in which PepsiCo 

engaged as a competitor of DPSG when 

both had their brands distributed by 

PBG and PAS – from access to the DPSG 

information. Persons at PepsiCo who are 

assigned to perform traditional ‘‘bottler 

functions’’ – the kinds of functions that 

PBG and PAS historically have 

performed for DPSG – will be permitted 

access to that information. 

The proposed Consent Agreement 

also provides for the appointment of a 

monitor to assure PepsiCo’s compliance 

with the Consent Agreement. The 

monitor will have a fiduciary 

responsibility to the Commission. The 

monitor will be appointed for a five (5) 

year term, but the Commission may 

extend or modify the term as 

appropriate. 

The order, like the DPSG-Pepsi 

license agreement, will have a term of 

twenty (20) years. 

VIII. Opportunity for Public Comment 

The Consent Agreement has been 

placed on the public record for thirty 

(30) days for receipt of comments from 

interested persons. Comments received 

during this period will become part of 

the public record. After thirty days, the 

Commission will again review the 

proposed Consent Agreement, as well as 

the comments received, and will decide 

whether it should withdraw from the 

Consent Agreement or make final the 

Decision and Order. 

By accepting the Consent Agreement 

subject to final approval, the 

Commission anticipates that the 

competitive problem alleged in the 

Complaint will be resolved. The 

purpose of this analysis is to invite and 

facilitate public comment concerning 

the Consent Agreement. It is not 

intended to constitute an official 

interpretation of the proposed Consent 

Agreement, nor is it intended to modify 

the terms of the Decision and Order in 

any way. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2010–4894 Filed 3–8–10; 11:48 am] 

BILLING CODE 6750–01–S 

FEDERAL TRADE COMMISSION 

[File No. 072 3165] 

Richard J. Stanton; 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 March 29, 2010. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to ‘‘Richard J. 

Stanton, File No. 072 3165’’ 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 website, 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:// 

public.commentworks.com/ftc/ 

richardjstanton) 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 the weblink: 

(https://public.commentworks.com/ftc/ 

richardjstanton). If this Notice appears 

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

index.jsp), you may also file an 

electronic comment through that 

website. The Commission will consider 

all comments that regulations.gov 

forwards to it. You may also visit the 

FTC website at (http://www.ftc.gov/) to 

read the Notice and the news release 

describing it. 

A comment filed in paper form 

should include the ‘‘Richard J. Stanton, 

File No. 072 3165’’ 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 

website, 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 

website. 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: 

Laura Berger (202-326-2471), Bureau of 


sroberts on DSKD5P82C1PROD with NOTICES