53500 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Notices 

can be obtained by contacting FASAB at 

(202) 512–7350. 

FOR FURTHER INFORMATION CONTACT: 

Wendy Payne, Executive Director, at 

(202) 512–7350. 

Authority: Federal Advisory Committee 

Act, Public Law 92–463. 

Dated: October 14, 2009. 

Charles Jackson, 

Federal Register Liaison Officer. 

[FR Doc. E9–25104 Filed 10–16–09; 8:45 am] 

BILLING CODE 1610–02–P 

FEDERAL ELECTION COMMISSION 

Sunshine Act Notices 

DATE AND TIME: Tuesday, October 20, 

2009, at 10 a.m. 

PLACE: 999 E Street, NW., Washington, 

DC. 

STATUS: This meeting will be closed to 

the public. 

ITEMS TO BE DISCUSSED: 

Compliance matters pursuant to 2 

U.S.C. 437g. 

Audits conducted pursuant to 2 U.S.C. 

437g, 438(b), and Title 26, U.S.C. 

Matters concerning participation in civil 

actions or proceedings or arbitration. 

Internal personnel rules and procedures 

or matters affecting a particular 

employee. 

PERSON TO CONTACT FOR INFORMATION: 

Judith Ingram, Press Officer, Telephone: 

(202) 694–1220. 

Darlene Harris, 

Deputy Secretary of the Commission. 

[FR Doc. E9–25050 Filed 10–16–09; 8:45 am] 

BILLING CODE 6715–01–M 

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 

November 3, 2009. 

A. Federal Reserve Bank of Kansas 

City (Todd Offenbacker, Assistant Vice 

President) 1 Memorial Drive, Kansas 

City, Missouri 64198–0001: 

1. The Bonita M. Hegemann 

Irrevocable Trust, Newman Grove, 

Nebraska, and Bonita M. Hegemann, 

Lindsay, Nebraska, and James B. 

Hegemann, Newman Grove, Nebraska, 

as trustees; to acquire voting shares of 

Lindsay State Company, and thereby 

indirectly acquire voting shares of Bank 

of Lindsay, both of Lindsay, Nebraska. 

Board of Governors of the Federal Reserve 

System, October 14, 2009. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. E9–25045 Filed 10–16–09; 8:45 am] 

BILLING CODE 6210–01–S 

FEDERAL RESERVE SYSTEM 

Formations of, Acquisitions by, and 

Mergers of Bank Holding Companies 

The companies listed in this notice 

have applied to the Board for approval, 

pursuant to the Bank Holding Company 

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

(BHC Act), Regulation Y (12 CFR Part 

225), and all other applicable statutes 

and regulations to become a bank 

holding company and/or to acquire the 

assets or the ownership of, control of, or 

the power to vote shares of a bank or 

bank holding company and all of the 

banks and nonbanking companies 

owned by the bank holding company, 

including the companies listed below. 

The applications listed below, as well 

as other related filings required by the 

Board, are available for immediate 

inspection at the Federal Reserve Bank 

indicated. The applications also will be 

available for inspection at the offices of 

the Board of Governors. Interested 

persons may express their views in 

writing on the standards enumerated in 

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

proposal also involves the acquisition of 

a nonbanking company, the review also 

includes whether the acquisition of the 

nonbanking company complies with the 

standards in section 4 of the BHC Act 

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

noted, nonbanking activities will be 

conducted throughout the United States. 

Additional information on all bank 

holding companies may be obtained 

from the National Information Center 

website at www.ffiec.gov/nic/. 

Unless otherwise noted, comments 

regarding each of these applications 

must be received at the Reserve Bank 

indicated or the offices of the Board of 

Governors not later than November 13, 

2009. 

A. Federal Reserve Bank of Kansas 

City (Todd Offenbacker, Assistant Vice 

President) 1 Memorial Drive, Kansas 

City, Missouri 64198–0001: 

1. BancFirst Corporation, Oklahoma 

City, Oklahoma; to acquire 100 percent 

of the voting shares of First Jones 

Bancorporation, Inc., and thereby 

indirectly acquire voting shares of First 

State Bank, both of Jones, Oklahoma. 

Board of Governors of the Federal Reserve 

System, October 14, 2009. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. E9–25044 Filed 10–16–09; 8:45 am] 

BILLING CODE 6210–01–S 

FEDERAL TRADE COMMISSION 

Agency Information Collection 

Activities; Proposed Collection; 

Comment Request 

AGENCY: Federal Trade Commission 

(‘‘FTC’’ or ‘‘Commission’’). 

ACTION: Notice. 

SUMMARY: The information collection 

requirements described below will be 

submitted to the Office of Management 

and Budget (‘‘OMB’’) for review, as 

required by the Paperwork Reduction 

Act (‘‘PRA’’). The FTC seeks public 

comments on its proposal to extend 

through January 31, 2013 the current 

OMB clearance for information 

collection requirements contained in its 

Mail or Telephone Order Merchandise 

Trade Regulation Rule (‘‘MTOR’’ or 

‘‘Rule’’). That clearance expires on 

January 31, 2010. 

DATES: Comments must be filed by 

December 18, 2009. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form by 

following the instructions in the 

Request for Comments part of the 

SUPPLEMENTARY INFORMATION 

section below. Comments in electronic 

form should be submitted by using the 

following weblink: (https:// 

public.commentworks.com/ftc/ 

MTORpra) (and following the 

instructions on the web-based form). 

Comments filed in paper form should be 

mailed or delivered to the following 

address: Federal Trade Commission, 

Office of the Secretary, Room H-135 

(Annex J), 600 Pennsylvania Avenue, 

N.W., Washington, DC 20580, in the 

manner detailed in the 

SUPPLEMENTARY INFORMATION 

section below. 


sroberts on DSKD5P82C1PROD with NOTICES
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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). 

2The MTOR does not impose a recordkeeping 

requirements per se. 16 CFR § 435.1(d) provides 

that, in an action for noncompliance, the absence 

of records that establish that a respondent-seller 

uses systems and procedures to assure compliance 

will create a rebuttable presumption that the seller 

was not compliant, but the MTOR does not require 

a compliant seller to maintain any records. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information 

should be addressed to Jock Chung, 

Attorney, Division of Enforcement, 

Bureau of Consumer Protection, Federal 

Trade Commission, 600 Pennsylvania 

Avenue, N.W., Washington, DC 20580, 

(202) 326-2984. 

SUPPLEMENTARY INFORMATION: 

Request for Comments: 

Interested parties are invited to 

submit written comments electronically 

or in paper form. Comments should 

refer to ‘‘Mail or Telephone Order 

Merchandise Trade Regulation Rule: 

FTC File No. R511929,’’ 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 

any 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 

‘‘[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 Federal Trade Commission 

Act (‘‘FTC Act’’), 15 U.S.C. 46(f), and 

FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). 

Comments containing matter 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).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 

using the following weblink: (https:// 

public.commentworks.com/ftc/ 

MTORpra) (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/ 

MTORpra). If this Notice appears at 

(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 reference ‘‘Mail or 

Telephone Order Merchandise Trade 

Regulation Rule: FTC File No. 

R511929,’’ 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 J), 600 

Pennsylvania Avenue, N.W., 

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 FTC Act and other laws that 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 FTC 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). 

Under the PRA, 44 U.S.C. 3501-3521, 

federal agencies must obtain approval 

from OMB for each collection of 

information they conduct or sponsor. 

‘‘Collection of information’’ means 

agency requests or requirements that 

members of the public submit reports, 

keep records, or provide information to 

a third party. 44 U.S.C. 3502(3); 5 CFR 

1320.3(c). As required by section 

3506(c)(2)(A) of the PRA, the FTC is 

providing this opportunity for public 

comment before requesting that OMB 

extend the existing paperwork clearance 

for the regulations noted herein. 

The FTC invites comments on: (1) 

whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(2) the accuracy of the agency’s estimate 

of the burden of the proposed collection 

of information, including the validity of 

the methodology and assumptions used; 

(3) ways to enhance the quality, utility, 

and clarity of the information to be 

collected; and (4) ways to minimize the 

burden of the collection of information 

on those who are to respond, including 

through the use of appropriate 

automated, electronic, mechanical, or 

other technological collection 

techniques or other forms of information 

technology, e.g., permitting electronic 

submission of responses. 

Background: 

The MTOR, 16 CFR Part 435, was 

promulgated in 1975 in response to 

consumer complaints that many 

merchants were failing to ship 

merchandise ordered by mail on time, 

failing to ship at all, or failing to provide 

prompt refunds for unshipped 

merchandise. A second rulemaking 

proceeding in 1993 demonstrated that 

the delayed shipment and refund 

problems of the mail order industry 

were also being experienced by 

consumers who ordered merchandise 

over the telephone. Accordingly, the 

Commission amended the Rule, 

effective on March 1, 1994, to include 

merchandise ordered by telephone, 

including by telefax or by computer 

through the use of a modem (e.g., 

Internet sales), and the Rule was then 

renamed the ‘‘Mail or Telephone Order 

Merchandise Rule.’’ 

Generally, the MTOR requires a 

merchant to: (1) have a reasonable basis 

for any express or implied shipment 

representation made in soliciting the 

sale; (2) ship within the time period 

promised and, if no time period is 

promised, within 30 days; (3) notify the 

consumer and obtain the consumer’s 

consent to any delay in shipment; and 

(4) make prompt and full refunds when 

the consumer exercises a cancellation 

option or the merchant is unable to meet 

the Rule’s other requirements.2

The notice provisions in the Rule 

require a merchant who is unable to 

ship within the promised shipment time 


sroberts on DSKD5P82C1PROD with NOTICES
53502 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Notices 

3 71 FR 60530 (Oct. 13, 2006); 71 FR 77751 (Dec. 

27, 2006). 4Most of the estimated start-up time relates to the 

development and installation of computer systems 

geared to more efficiently handle customer orders. 

5See Table 1008, ‘‘Retail Trade Establishments, 

Employees and Payroll: 2000 and 2005,’’ U. S. 

Census Bureau, Statistical Abstract of the United 

States: 2009 (128th Edition), Washington, DC, 2008 

((http://www.census.gov/compendia/statab/tables/ 

09s1008.pdf)). 

6Conceptually, this might understate the number 

of new entrants in that it does not factor in the 

possibility that established businesses from an 

earlier year’s comparison might have exited the 

market preceding the later year of measurement. 

Given the virtually unlimited diversity of retail 

establishments, it is very unlikely that there is a 

reliable external measure of such exit; nonetheless, 

as in the past, the Commission invites public 

comment that might better inform these estimates. 

7As noted above, the existing OMB clearance for 

the Rule expires on January 31, 2010 and the FTC 

is seeking to extend the clearance through January 

31, 2013. The average number of established 

businesses during the three-year clearance period 

was determined as follows: [(33,600 businesses in 

2005 + (1,360 new entrants per year x 5 years)) + 

(33,600 businesses in 2005 + (1,360 new entrants 

per year x 6 years)) + (33,600 businesses in 2005 

+ (1,360 new entrants per year x 7 years))]÷3 years. 

8Conceivably, in the three years since the FTC’s 

most recent clearance request to OMB for this Rule, 

many businesses have upgraded the information 

management systems needed to comply with the 

Rule and to track orders more effectively. These 

upgrades, however, were primarily prompted by the 

industry’s need to deal with growing consumer 

demand for merchandise (resulting, in part, from 

increased public acceptance of making purchases 

over the telephone and, more recently, the Internet). 

Accordingly, most companies now provide updated 

order information of the kind required by the Rule 

in their ordinary course of business. Under the 

OMB regulation implementing the PRA, burden is 

defined to exclude any effort that would be 

expended regardless of any regulatory requirement. 

5 CFR 1320.3(b)(2). 

9Based on a $13.786 billion average yearly 

increase in sales for ‘‘electronic shopping and mailorder houses’’ from 2000 to 2007 (according to the 

2009 Statistical Abstract), staff estimates that total 

mail or telephone order sales to consumers in the 

three-year period for which OMB clearance is 

sought will average $265.5 billion. Thus, the 

projected average labor cost for MTOR compliance 

by existing and new businesses for that period 

would amount to less than 0.018% of sales. 

or 30 days to notify the consumer of a 

revised date and his or her right to 

cancel the order and obtain a prompt 

refund. Delays beyond the revised 

shipment date also trigger a notification 

requirement to consumers. When the 

MTOR requires the merchant to make a 

refund and the consumer has paid by 

credit card, the Rule also requires the 

merchant to notify the consumer either 

that any charge to the consumer’s charge 

account will be reversed or that the 

merchant will take no action that will 

result in a charge. 

Burden Statement: 

Estimated total annual hours burden: 

2,401,000 hours (rounded to the nearest 

thousand) 

In its 2006 PRA-related FEDERAL

REGISTER Notices3 and corresponding 

submission to OMB, FTC staff estimated 

that established companies each spend 

an average of 50 hours per year on 

compliance with the Rule, and that new 

industry entrants spend an average of 

230 hours (an industry estimate) for 

compliance measures associated with 

start-up.4 Thus, the total estimated 

hours burden was calculated by 

multiplying the estimated number of 

established companies x 50 hours, 

multiplying the estimated number of 

new entrants x 230 hours, and adding 

the two totals. 

No provisions in the Rule have been 

amended or changed since staff’s prior 

submission to OMB. Thus, the Rule’s 

disclosure requirements remain the 

same. Since then, however, the number 

of businesses engaged in the sale of 

merchandise by mail or by telephone 

has changed. Data from the U.S. 

Department of Commerce 2009 

Statistical Abstract5 indicates that 

between 2000 and 2005 the number of 

businesses subject to the MTOR grew 

from 26,800 to 33,600, or an average 

increase of 1,360 new businesses a year 

[(33,600 businesses in 2005 - 26,800 

businesses in 2000) ÷ 5 years].6

Assuming this growth rate continues, 

the average number of established 

businesses during the three-year period 

for which OMB clearance is sought for 

the Rule would be 41,760.7

Accordingly, staff estimates industry 

hours to comply with the MTOR during 

each year of the three-year OMB 

clearance period by then will be: 

Year: Established 

Businesses New Entrants 

2010 40,400 1,360 

2011 41,760 1,360 

2012 43,120 1,360 

Average: 41,760 1,360 

In an average year during the threeyear OMB clearance period, staff 

estimates that established businesses 

and new entrants will devote 2,401,000 

hours, rounded to the nearest thousand, 

to comply with the MTOR [(41,760 

established businesses x 50 hours) + 

(1,360 new entrants x 230 hours) = 

2,400,800]. 

The estimated PRA burden per 

merchant to comply with the MTOR is 

likely overstated. The mail-order 

industry has been subject to the basic 

provisions of the Rule since 1976 and 

the telephone-order industry since 1994. 

Thus, businesses have had several years 

(and some have had decades) to 

integrate compliance systems into their 

business procedures. Moreover, 

arguably much of the estimated time 

burden for disclosure-related 

compliance would be incurred even 

absent the Rule. Industry trade 

associations and individual witnesses 

have consistently taken the position that 

compliance with the MTOR is widely 

regarded by direct marketers as being 

good business practice. Providing 

consumers with notice about the status 

of their orders fosters consumer loyalty 

and encourages repeat purchases, which 

are important to direct marketers’ 

success. Accordingly, the Rule’s 

notification requirements would be 

followed in any event by most 

merchants to meet consumer 

expectations regarding timely shipment, 

notification of delay, and prompt and 

full refunds. Thus, it appears that much 

of the time and expense associated with 

Rule compliance may not constitute 

‘‘burden’’ under the PRA.8

Estimated labor costs: $47,108,000 

(rounded to the nearest thousand) 

FTC staff derived labor costs by 

applying appropriate hourly cost figures 

to the burden hours described above. 

According to the most recent mean 

hourly income data available from the 

Bureau of Labor and Statistics, average 

payroll in 2008 for miscellaneous sales 

and related workers was $19.62/hr. 

Because the bulk of the burden of 

complying with the MTOR is borne by 

clerical personnel, staff believes that the 

average hourly payroll figure for 

miscellaneous sales and related workers 

is an appropriate measure of a direct 

marketer’s average labor cost to comply 

with the Rule. Thus, the total annual 

labor cost to new and established 

businesses for MTOR compliance 

during the three-year period for which 

OMB approval is sought would be 

approximately $47,108,000 (2,401,000 

hours x $19.62/hr.), rounded to the 

nearest thousand. Relative to direct 

industry sales, this total is negligible.9

Estimated annual non-labor cost 

burden: $0 or minimal 

The applicable requirements impose 

minimal start-up costs, as businesses 

subject to the Rule generally have or 

obtain necessary equipment for other 

business purposes, i.e., inventory and 

order management, and customer 

relations. For the same reason, staff 

anticipates printing and copying costs to 

be minimal, especially given that 

telephone order merchants have 

increasingly turned to electronic 

communications to notify consumers of 

delay and to provide cancellation 

options. Staff believes that the above 

requirements necessitate ongoing, 

regular training so that covered entities 


sroberts on DSKD5P82C1PROD with NOTICES
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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). 

stay current and have a clear 

understanding of federal mandates, but 

that this would be a small portion of 

and subsumed within the ordinary 

training that employees receive apart 

from that associated with the 

information collected under the Rule. 

David C. Shonka, 

Acting General Counsel. 

[FR Doc. E9–25030 Filed 10–16–09: 10:32 

am] 

Billing code: 6750–01–S 

FEDERAL TRADE COMMISSION 

[File No. 092 3139] 

Onyx Graphics, Inc.; Analysis of 

Proposed Consent Orders 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 November 5, 2009. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to ‘‘Onyx 

Graphics, File No. 092 3139’’ 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/ 

onyxgraphics) 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/ 

onyxgraphics). 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 ‘‘Onyx Graphics, 

File No. 092 3139’’ 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: 

Molly Crawford (202-326-3076) or Katie 

Ratte’ (202-326-3514), Bureau of 

Consumer Protection, 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 October 6, 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, a consent 

agreement from Onyx Graphics, Inc. 

(‘‘Onyx Graphics’’). 

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 


sroberts on DSKD5P82C1PROD with NOTICES