Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices 41911 

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). 

This matter involves respondents’ 

marketing and sale of textile fiber 

products purportedly made of bamboo 

fiber. The FTC complaint alleges that 

respondents violated Section 5(a) of the 

FTC Act by making false claims that 

their textile fiber products are bamboo 

fiber; retain the anti-microbial 

properties of the bamboo plant; and are 

manufactured using an 

environmentally-friendly process. The 

complaint alleges that respondents’ 

textile fiber products are made of rayon 

and do not retain the anti-microbial 

properties of the bamboo plant, and that 

their manufacturing process involves 

the use of toxic chemicals and results in 

the emission of hazardous air 

pollutants. The complaint further 

alleges that the respondents failed to 

have substantiation for the foregoing 

claims. 

The complaint also alleges that the 

proposed respondents have violated the 

Textile Fiber Products Identification Act 

(‘‘Textile Act’’) and the Rules and 

Regulations promulgated thereunder 

(‘‘Textile Rules’’) by falsely and 

deceptively labeling and advertising 

their textile fiber products as bamboo 

and by advertising their products 

without including in the description of 

each product a statement that the 

product was made in the U.S.A., 

imported, or both. 

The proposed consent order contains 

provisions designed to prevent 

respondents from engaging in similar 

acts and practices in the future. Part I.A 

of the proposed order prohibits 

respondents from representing that any 

textile fiber product (1) is made of 

bamboo or bamboo fiber; (2) is 

manufactured using an environmentally 

friendly process; or (3) is anti-microbial 

or retains the anti-microbial properties 

of any material from which it is made, 

unless such representations are true, not 

misleading, and substantiated by 

competent and reliable scientific 

evidence. Part I.B prohibits respondents 

from making claims about the benefits, 

performance, or efficacy of any textile 

fiber product, unless at the time the 

representation is made, it is truthful and 

not misleading, and is substantiated by 

competent and reliable evidence, which 

when appropriate must be competent 

and reliable scientific evidence. Part II 

makes clear that, although Part I 

prohibits respondents from making false 

and unsubstantiated representations 

that their textile fiber products are made 

of bamboo or bamboo fiber as opposed 

to rayon, the respondents nonetheless 

may describe such products using the 

generic name of any manufactured fiber 

and identifying bamboo as the cellulose 

source for such fiber (e.g., rayon made 

from bamboo), so long as such 

representation is true and substantiated. 

Part III of the proposed order prohibits 

respondents from failing to comply with 

the Textile Act or the Textile Rules. 

Parts IV through VIII require 

respondents to keep copies of relevant 

advertisements and materials 

substantiating claims made in the 

advertisements; to provide copies of the 

order to certain of their personnel; to 

notify the Commission of changes in 

corporate structure that might affect 

compliance obligations under the order; 

to notify the Commission of changes in 

the individual respondent’s current 

business or employment; and to file 

compliance reports with the 

Commission and respond to other 

requests from FTC staff. Part IX provides 

that the order will terminate after 

twenty (20) years under certain 

circumstances. 

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 agreement and proposed order or to 

modify in any way their terms. 

By direction of the Commission. 

Richard C. Donohue 

Acting Secretary. 

[FR Doc. E9–19807 Filed 8–18–09: 1:15 pm] 

BILLING CODE 6750–01–S 

FEDERAL TRADE COMMISSION 

[File No. 082 3193] 

Pure Bamboo, LLC et al.; 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 

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 September 10, 2009. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to ‘‘Pure 

Bamboo, File No. 082 3193’’ 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:// 

secure.commentworks.com/ftcPureBamboo) 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 webkink: 

(https://secure.commentworks.com/ftcPureBamboo). 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 ‘‘Pure Bamboo, File 

No. 082 3193’’ 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 


jlentini on DSKJ8SOYB1PROD with NOTICES
41912 Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices 

(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: 

Korin Ewing or Melinda Claybaugh, 

Bureau of Consumer Protection, 600 

Pennsylvania Avenue, NW, Washington, 

D.C. 20580, (202) 326-2203. 

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 August 11, 2009), 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 

The Federal Trade Commission 

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

subject to final approval, an agreement 

containing a consent order from Pure 

Bamboo, LLC, a limited liability 

company and Bruce Dear, individually 

and as the managing member of the 

limited liability company (together, 

‘‘respondents’’). 

The proposed consent order has been 

placed on the public record for thirty 

(30) days for reception 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 or make 

final the agreement’s proposed order. 

This matter involves respondents’ 

marketing and sale of textile fiber 

products purportedly made of bamboo 

fiber. The FTC complaint alleges that 

respondents violated Section 5(a) of the 

FTC Act by making false claims that 

their textile fiber products are bamboo 

fiber; retain the anti-microbial 

properties of the bamboo plant; are 

manufactured using an 

environmentally-friendly process; and 

will completely break down and return 

to the elements found in nature within 

a reasonably short period of time after 

customary disposal. The complaint 

alleges that respondents’ textile fiber 

products are made of rayon and do not 

retain the anti-microbial properties of 

the bamboo plant; that their 

manufacturing process involves the use 

of toxic chemicals and results in the 

emission of hazardous air pollutants; 

and that a substantial majority of 

household waste is disposed of by 

methods that do not present conditions 

that would allow for respondents’ 

textile fiber products to decompose into 

elements found in nature, within a 

reasonably short period of time. The 

complaint further alleges that the 

respondents failed to have 

substantiation for the foregoing claims. 

The complaint also alleges that the 

proposed respondents have violated the 

Textile Fiber Products Identification Act 

(‘‘Textile Act’’) and the Rules and 

Regulations promulgated thereunder 

(‘‘Textile Rules’’) by falsely and 

deceptively labeling and advertising 

their textile fiber products as bamboo; 

by advertising their products without 

including in the description of each 

product a statement that the product 

was made in the U.S.A., imported, or 

both; and by selling hosiery textile fiber 

products without affixing to the 

products or their packaging required 

labels detailing fiber content and other 

required information.. 

The proposed consent order contains 

provisions designed to prevent 

respondents from engaging in similar 

acts and practices in the future. Part I.A 

of the proposed order prohibits 

respondents from representing that any 

textile fiber product (1) is made of 

bamboo or bamboo fiber; (2) is 

manufactured using an environmentally 

friendly process; (3) is anti-microbial or 

retains the anti-microbial properties of 

any material from which it is made; or 

(4) is degradable, biodegradable, or 

photodegradable, unless such 

representations are true, not misleading, 

and substantiated by competent and 

reliable scientific evidence. Part I.B 

prohibits respondents from making 

claims about the benefits, performance, 

or efficacy of any textile fiber product, 

unless at the time the representation is 

made, it is truthful and not misleading, 

and is substantiated by competent and 

reliable evidence, which when 

appropriate must be competent and 

reliable scientific evidence. Part II 

makes clear that, although Part I 

prohibits respondents from making false 

and unsubstantiated representations 

that their textile fiber products are made 

of bamboo or bamboo fiber as opposed 

to rayon, the respondents nonetheless 

may describe such products using the 

generic name of any manufactured fiber 

and identifying bamboo as the cellulose 

source for such fiber (e.g., rayon made 

from bamboo), so long as such 

representation is true and substantiated. 

Part III of the proposed order prohibits 

respondents from failing to comply with 

the Textile Act or the Textile Rules. 

Parts IV through VIII require 

respondents to keep copies of relevant 

advertisements and materials 

substantiating claims made in the 

advertisements; to provide copies of the 

order to certain of their personnel; to 

notify the Commission of changes in 

corporate structure that might affect 

compliance obligations under the order; 

to notify the Commission of changes in 

the individual respondent’s current 

business or employment; and to file 

compliance reports with the 

Commission and respond to other 

requests from FTC staff. Part IX provides 

that the order will terminate after 

twenty (20) years under certain 

circumstances. 

The purpose of this analysis is to 

facilitate public comment on the 

proposed order. It is not intended to 

constitute an official interpretation of 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices 41913 

the agreement and proposed order or to 

modify in any way their terms. 

By direction of the Commission. 

Richard C. Donohue 

Acting Secretary. 

[FR Doc. E9–19810 Filed 8–18–09; 1:13 pm] 

BILLING CODE 6750–01–S 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

[60Day–09–0008] 

Proposed Data Collections Submitted 

for Public Comment and 

Recommendations 

In compliance with the requirement 

of Section 3506(c)(2)(A) of the 

Paperwork Reduction Act of 1995 for 

opportunity for public comment on 

proposed data collection projects, the 

Centers for Disease Control and 

Prevention (CDC) will publish periodic 

summaries of proposed projects. To 

request more information on the 

proposed projects or to obtain a copy of 

the data collection plans and 

instruments, call 404–639–5960 and 

send comments to Maryam Daneshvar, 

CDC Assistant Reports Clearance 

Officer, 1600 Clifton Road, MS–D74, 

Atlanta, GA 30333 or send an e-mail to 

omb@cdc.gov. 

Comments are invited on: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on respondents, including through the 

use of automated collection techniques 

or other forms of information 

technology. Written comments should 

be received within 60 days of this 

notice. 

Proposed Project 

Emergency Epidemic Investigations— 

Extension—(0920–0008), Office of 

Workforce and Career Development 

(OWCD), Centers for Disease Control 

and Prevention (CDC). 

Background & Brief Description 

The purpose of the Emergency 

Epidemic Investigation surveillance is 

to collect data on the conditions 

surrounding and preceding the onset of 

a problem. The data must be collected 

in a timely fashion so that information 

can be used to develop prevention and 

control techniques, to interrupt disease 

transmission, and to help identify the 

cause of an outbreak. The EPI–AID 

mechanism is a means for Epidemic 

Intelligence Service (EIS) officers of the 

Centers for Disease Control and 

Prevention (CDC), along with other CDC 

staff, to provide technical support to 

State health agencies requesting 

assistance with epidemiologic field 

investigations. This mechanism allows 

CDC to respond rapidly to public health 

problems in need of urgent attention, 

thereby providing an important service 

to State and other public health 

agencies. Through EPI–AIDS, EIS 

officers (and, sometimes, other CDC 

trainees) receive supervised training 

while actively participating in 

epidemiologic investigations. EIS is a 

two-year program of training and service 

in applied epidemiology through CDC, 

primarily for persons holding doctoral 

degrees. 

Shortly after completion of the EPI– 

AID investigation, an Epi Trip Report is 

delivered to the State health agency 

official(s) who requested assistance. 

These officials can comment on both the 

timeliness and the practical utility of 

the recommendations from the 

investigation by completing a brief 

questionnaire to assess the promptness 

of the investigation and the usefulness 

of the recommendations. There is no 

cost to the respondents other than their 

time. 

ESTIMATED ANNUALIZED BURDEN HOURS

Respondents 

Number of 

respondents 

(per year) 

Number of 

responses per 

respondent 

Average 

burden per 

response 

(in hours) 

Total burden 

(in hours) 

Requestors of EPI–AIDs .................................................................................. 100 1 15/60 25 

Dated: August 10, 2009. 

Maryam I. Daneshvar, 

Acting Reports Clearance Officer, Centers for 

Disease Control and Prevention. 

[FR Doc. E9–19836 Filed 8–18–09; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Agency for Healthcare Research and 

Quality 

AHRQ Intent To Publish Grant and 

Contract Solicitations for Comparative 

Effectiveness Research (CER) Projects 

With Funds From the American 

Recovery and Reinvestment Act 

(ARRA) 

AGENCY: Agency for Healthcare Research 

and Quality (AHRQ), HHS. 

ACTION: Notice of Intent. 

SUMMARY: AHRQ is announcing the 

Agency’s intention to support new CER 

projects, with funding from the 

American Recovery and Reinvestment 

Act (ARRA). The ARRA appropriated 

$300 million to AHRQ for support of 

CER. ARRA funding will focus, initially, 

on 14 priority conditions established by 

the Secretary of the Department of 

Health and Human Services under 

Section 1013 of the Medicare 

Prescription Drug, Improvement, and 

Modernization Act of 2003. These 

priority conditions were identified 

through a process involving discussion 

with, and extensive input from, the 

public as well as Federal agencies. The 

list of priority conditions is relevant to 

the Medicare, Medicaid, and State 

Children’s Health Insurance Program 

(SCHIP) programs, and can be found at: 

http://effectivehealthcare.ahrq.gov/ 

aboutUs.cfm?abouttype=program

#Conditions. 

DATES: AHRQ anticipates grant and 

contract solicitations to be published 


jlentini on DSKJ8SOYB1PROD with NOTICES