Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Notices 53255 

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). 

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 Collectify, Inc. 

(‘‘Collectify’’). 

The proposed consent order has been 

placed on the public record for thirty 

(30) days for receipt of comments by 

interested persons. Comments received 

during this period will become part of 

the public record. After thirty (30) days, 

the Commission will again review the 

agreement and the comments received, 

and will decide whether it should 

withdraw from the agreement and take 

appropriate action or make final the 

agreement’s proposed order. 

This matter concerns alleged false or 

misleading representations that 

Collectify made to consumers 

concerning its participation in the Safe 

Harbor privacy framework (‘‘Safe 

Harbor’’) agreed upon by the U.S. and 

the European Union (‘‘EU’’). It is among 

the Commission’s first cases to 

challenge deceptive claims about the 

Safe Harbor. The Safe Harbor provides 

a mechanism for U.S. companies to 

transfer data outside the EU consistent 

with European law. To join the Safe 

Harbor, a company must self-certify to 

the U.S. Department of Commerce 

(‘‘Commerce’’) that it complies with 

seven principles and related 

requirements. Commerce maintains a 

public website, (www.export.gov/ 

safeharbor), where it posts the names of 

companies that have self-certified to the 

Safe Harbor. The listing of companies 

indicates whether their self-certification 

is ‘‘current’’ or ‘‘not current.’’ 

Companies are required to re-certify 

every year in order to retain their status 

as ‘‘current’’ members of the Safe Harbor 

framework. 

Collectify sells comprehensive 

cataloguing software to consumers over 

the internet, including through a 

website (www.collectify.com). 

According to the Commission’s 

complaint, since at least September 

2001, Collectify has set forth on its 

website, (www.collectify.com), privacy 

policies and statements about its 

practices, including statements related 

to its participation in the Safe Harbor 

privacy framework. 

The Commission’s complaint alleges 

that Collectify falsely represented that it 

was a current participant in the Safe 

Harbor when, in fact, from October 2004 

until July 2009, Collectify was not a 

current participant in the Safe Harbor. 

The Commission’s complaint alleges 

that in October 2001, Collectify 

submitted a Safe Harbor selfcertification, which it renewed in 

October 2002 and October 2003. 

Collectify did not renew its selfcertification in October 2004 and was in 

‘‘not current’’ status on the Commerce 

website until it renewed its selfcertification in July 2009. 

Part I of the proposed order prohibits 

Collectify from making 

misrepresentations about its 

membership in any privacy, security, or 

any other compliance program 

sponsored by the government or any 

other third party. 

Parts II through VI of the proposed 

order are reporting and compliance 

provisions. Part II requires Collectify to 

retain documents relating to its 

compliance with the order for a fiveyear period. Part III requires 

dissemination of the order now and in 

the future to persons with 

responsibilities relating to the subject 

matter of the order. Part IV ensures 

notification to the FTC of changes in 

corporate status. Part V mandates that 

Collectify submit an initial compliance 

report to the FTC, and make available to 

the FTC subsequent reports. Part VI is 

a provision ‘‘sunsetting’’ the order after 

twenty (20) years, with certain 

exceptions. 

The purpose of the 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. 

Donald S. Clark 

Secretary. 

[FR Doc. E9–24951 Filed 10–15–09; 9:32 am] 

BILLING CODE 6750–01–S 

FEDERAL TRADE COMMISSION 

[File No. 092 3137] 

World Innovators,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 ‘‘World 

Innovators, File No. 092 3137’’ 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/ 


jlentini on DSKJ8SOYB1PROD with NOTICES
53256 Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Notices 

worldinnovators) 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/ 

worldinnovators). 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 ‘‘World Innovators, 

File No. 092 3137 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 World Innovators, Inc. 

(‘‘World Innovators’’). 

The proposed consent order has been 

placed on the public record for thirty 

(30) days for receipt of comments by 

interested persons. Comments received 

during this period will become part of 

the public record. After thirty (30) days, 

the Commission will again review the 

agreement and the comments received, 

and will decide whether it should 

withdraw from the agreement and take 

appropriate action or make final the 

agreement’s proposed order. 

This matter concerns alleged false or 

misleading representations that World 

Innovators made to consumers 

concerning its participation in the Safe 

Harbor privacy framework (‘‘Safe 

Harbor’’) agreed upon by the U.S. and 

the European Union (‘‘EU’’). It is among 

the Commission’s first cases to 

challenge deceptive claims about the 

Safe Harbor. The Safe Harbor provides 

a mechanism for U.S. companies to 

transfer data outside the EU consistent 

with European law. To join the Safe 

Harbor, a company must self-certify to 

the U.S. Department of Commerce 

(‘‘Commerce’’) that it complies with 

seven principles and related 

requirements. Commerce maintains a 

public website, (www.export.gov/ 

safeharbor), where it posts the names of 

companies that have self-certified to the 

Safe Harbor. The listing of companies 

indicates whether their self-certification 

is ‘‘current’’ or ‘‘not current.’’ 

Companies are required to re-certify 

every year in order to retain their status 

as ‘‘current’’ members of the Safe Harbor 

framework. 

World Innovators is a list broker that 

also sells marketing consulting services, 

including through its website 

(www.worldinnovators.com). According 

to the Commission’s complaint, since at 

least November 2001, World Innovators 

has set forth on its website privacy 

policies and statements about its 

practices, including statements that it is 

a current participant in the Safe Harbor. 

The Commission’s complaint alleges 

that World Innovators falsely 

represented that it was a current 

participant in the Safe Harbor when, in 

fact, from September 2004 until July 

2009, World Innovators was not a 

current participant in the Safe Harbor. 

Specifically, the Commission’s 

complaint alleges that in September 

2001, World Innovators submitted to 

Commerce a self-certification to the Safe 

Harbor and renewed that selfcertification in September 2002 and 

September 2003. In September 2004, 

World Innovators did not renew its selfcertification to the Safe Harbor, and 

Commerce updated its status to ‘‘not 

current’’ on its public website. World 

Innovators remained in ‘‘not current’’ 

status on Commerce’s website until it 

submitted a new Safe Harbor selfcertification in July 2009. 

The proposed order applies to World 

Innovators’ representations about its 

membership in any privacy, security, or 

any other compliance program 

sponsored by the government or any 

other third party. It contains provisions 

designed to prevent World Innovators 

from engaging in the future in practices 

similar to those alleged in the 

complaint. 

Part I of the proposed order prohibits 

World Innovators from making 

misrepresentations about its 

membership in any privacy, security, or 

any other compliance program 

sponsored by the government or any 

other third party. 

Parts II through VI of the proposed 

order are reporting and compliance 

provisions. Part II requires World 

Innovators to retain documents relating 

to its compliance with the order for a 

five-year period. Part III requires 

dissemination of the order now and in 

the future to persons with 

responsibilities relating to the subject 

matter of the order. Part IV ensures 

notification to the FTC of changes in 

corporate status. Part V mandates that 

World Innovators submit an initial 

compliance report to the FTC, and make 

available to the FTC subsequent reports. 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Notices 53257 

Part VI is a provision ‘‘sunsetting’’ the 

order after twenty (20) years, with 

certain exceptions. 

The purpose of the 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. 

Donald S. Clark 

Secretary. 

[FR Doc. E9–24996 Filed 10–15–09; 9:30 am] 

BILLING CODE 6750–01–S 

GENERAL SERVICES 

ADMINISTRATION 

[OMB Control No. 3090–0228] 

Office of Civil Rights; Submission for 

OMB Review; Nondiscrimination in 

Federal Financial Assistance Programs 

AGENCY: Office of Civil Rights, GSA. 

ACTION: Notice of request for comments 

regarding a renewal to an existing OMB 

clearance. 

SUMMARY: Under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35), the General Services 

Administration will be submitting to the 

Office of Management and Budget 

(OMB) a request to review and approve 

a previously approved information 

collection requirement regarding 

nondiscrimination in Federal financial 

assistance programs. This information is 

needed to facilitate nondiscrimination 

in GSA’s Federal Financial Assistance 

Programs, consistent with Federal civil 

rights laws and regulations that apply to 

recipients of Federal financial 

assistance. 

Public comments are particularly 

invited on: Whether this collection of 

information is necessary and whether it 

will have practical utility; whether our 

estimate of the public burden of this 

collection of information is accurate and 

based on valid assumptions and 

methodology; and ways to enhance the 

quality, utility, and clarity of the 

information to be collected. 

DATES: Submit comments on or before: 

November 16, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Sloan Farrell, Compliance Officer, 

Office of Civil Rights, at telephone (202) 

501–4347 or via e-mail to 

sloan.farrell@gsa.gov. 

ADDRESSES: Submit comments regarding 

this burden estimate or any other aspect 

of this collection of information, 

including suggestions for reducing this 

burden to the Regulatory Secretariat 

(MVPR), General Services 

Administration, 1800 F Street, NW., 

Room 4041, Washington, DC 20405. 

Please cite OMB Control No. 3090–0228, 

Nondiscrimination in Federal Financial 

Assistance Programs, in all 

correspondence. 

SUPPLEMENTARY INFORMATION: 

A. Purpose 

The General Services Administration 

(GSA) has mission responsibilities 

related to monitoring and enforcing 

compliance with Federal civil rights 

laws and regulations that apply to 

Federal Financial Assistance programs 

administered by GSA. Specifically, 

those laws provide that no person on 

the ground of race, color, national 

origin, disability, sex or age shall be 

excluded from participation in, be 

denied the benefits of, or be otherwise 

subjected to discrimination under any 

program in connection with which 

Federal financial assistance is extended 

under laws administered in whole or in 

part by GSA. These mission 

responsibilities generate the 

requirement to request and obtain 

certain data from recipients of Federal 

surplus property for the purpose of 

determining compliance, such as the 

number of individuals, based on race 

and ethnic origin, of the recipient’s 

eligible and actual serviced population; 

race and national origin of those denied 

participation in the recipient’s 

program(s); non-English languages 

encountered by the recipient’s 

program(s) and how the recipient is 

addressing meaningful access for 

individuals that are Limited English 

Proficient; whether there has been 

complaints or lawsuits filed against the 

recipient based on prohibited 

discrimination and whether there has 

been any findings; and whether the 

recipient’s facilities are accessible to 

qualified individuals with disabilities. 

B. Annual Reporting Burden 

Respondents: 200. 

Responses per Respondent: 1. 

Total Responses: 200. 

Hours per Response: 2. 

Total Burden Hours: 400. 

Obtaining Copies of Proposals: 

Requesters may obtain a copy of the 

information collection documents from 

the General Services Administration, 

Regulatory Secretariat (MVPR), 1800 F 

Street, NW., Room 4041, Washington, 

DC 20405, telephone (202) 501–4755. 

Please cite OMB Control No. 3090–0228, 

Nondiscrimination in Federal Financial 

Assistance Programs, in all 

correspondence. 

Dated: October 8, 2009. 

Casey Coleman, 

Chief Information Officer. 

[FR Doc. E9–24879 Filed 10–15–09; 8:45 am] 

BILLING CODE 6820–34–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

[Docket No. FDA–2009–N–0475] 

Agency Information Collection 

Activities; Proposed Collection; 

Comment Request; Administrative 

Detention and Banned Medical Devices 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice. 

SUMMARY: The Food and Drug 

Administration (FDA) is announcing an 

opportunity for public comment on the 

proposed collection of certain 

information by the agency. Under the 

Paperwork Reduction Act of 1995 (the 

PRA), Federal agencies are required to 

publish notice in the Federal Register 

concerning each proposed collection of 

information, including each proposed 

extension of an existing collection of 

information, and to allow 60 days for 

public comment in response to the 

notice. This notice solicits comments on 

information collection requirements for 

administrative detention and banned 

medical devices. 

DATES: Submit written or electronic 

comments on the collection of 

information by December 15, 2009. 

ADDRESSES: Submit electronic 

comments on the collection of 

information to http:// 

www.regulations.gov. Submit written 

comments on the collection of 

information to the Division of Dockets 

Management (HFA–305), Food and Drug 

Administration, 5630 Fishers Lane, rm. 

1061, Rockville, MD 20852. All 

comments should be identified with the 

docket number found in brackets in the 

heading of this document. 

FOR FURTHER INFORMATION CONTACT: 

Denver Presley, Jr., Office of Information 

Management (HFA–710), Food and Drug 

Administration, 5600 Fishers Lane, 

Rockville, MD 20857, 301–796–3793, 

Denver.Presley@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: Under the 

PRA (44 U.S.C. 3501-3520), Federal 

agencies must obtain approval from the 

Office of Management and Budget 

(OMB) for each collection of 

information they conduct or sponsor. 

‘‘Collection of information’’ is defined 


jlentini on DSKJ8SOYB1PROD with NOTICES