53250 Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Notices 

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 Progressive Gaitways, 

Inc. 

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 

Progressive Gaitways 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. 

Progressive Gaitways sells medical 

equipment, including through two 

websites (www.theratogs.com) and 

(www.gaitways.com). According to the 

Commission’s complaint, from at least 

December 2008 until June 2009, 

Progressive Gaitways’ 

(www.theratogs.com) website set forth 

privacy policies and statements about 

its practices, including statements 

related to its participation in the Safe 

Harbor. From at least June 2007 until 

June 2009, respondent has set forth on 

its website, (www.gaitways.com), the 

same privacy policies and statements, 

including the statements related to 

participation in the Safe Harbor. 

The Commission’s complaint alleges 

that until June 2009, Progressive 

Gaitways falsely represented that it was 

a current participant in the Safe Harbor 

when, in fact, Progressive Gaitways has 

not been a current participant in the 

Safe Harbor since November 2006 for its 

(www.theratogs.com) website, and had 

never been a participant in the Safe 

Harbor for its (www.gaitways.com) 

website. The Commission’s complaint 

alleges that Progressive Gaitways 

submitted a Safe Harbor selfcertification on behalf of its 

(www.theratogs.com) website in 

November 2004 and renewed it in 

November 2005. It did not renew the 

self-certification in November 2006, at 

which point Commerce updated its 

status to ‘‘not current’’ on the Commerce 

public website. To date, Progressive 

Gaitways has not renewed its selfcertification to the Safe Harbor on behalf 

of (www.theratogs.com). The 

Commission’s proposed complaint also 

alleges that Progressive Gaitways has 

never filed a Safe Harbor selfcertification on behalf of its 

(www.gaitways.com) website. 

The proposed order applies to 

Progressive Gaitways’s 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 

Progressive Gaitways from engaging in 

the future in practices similar to those 

alleged in the complaint. 

Part I of the proposed order prohibits 

Progressive Gaitways 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 Progressive 

Gaitways 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 

Progressive Gaitways 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. E9–24993 Filed 10–15–09; 8:45 am] 

BILLING CODE 6750–01–S 

FEDERAL TRADE COMMISSION 

[File No. 092 3138] 

ExpatEdge Partners LLC; 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 ‘‘ExpatEdge, 

File No. 092 3138’’ 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 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Notices 53251 

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). 

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/ 

expatedge) 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/ 

expatedge). 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 ‘‘ExpatEdge, File No. 

092 3138’’ 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 ExpatEdge Partners LLC 

(‘‘ExpatEdge’’). 

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 

ExpatEdge 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. 

ExpatEdge provides software and 

consulting services to businesses that 

offer ‘‘expatriate’’ programs to manage 

tax and payroll issues for employees 

that work outside their country of 

residence, including through a website 

(www.expatedge.com). According to the 

Commission’s complaint, from at least 

December 2002 until July 2009, 

ExpatEdge 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 until July 2009, ExpatEdge falsely 

represented that it was a current 

participant in the Safe Harbor when, in 

fact, ExpatEdge has not been a current 

participant in the Safe Harbor since 

November 2006. The Commission’s 

complaint alleges that in November 

2002, ExpatEdge submitted to 

Commerce a self-certification to the Safe 

Harbor, which it renewed in November 

2003, November 2004, and November 

2005. ExpatEdge did not renew its selfcertification to the Safe Harbor in 

November 2006, and Commerce 

updated its status to ‘‘not current’’ on 

the Commerce public website. To date, 

ExpatEdge has not renewed its selfcertification to the Safe Harbor and 


jlentini on DSKJ8SOYB1PROD with NOTICES
53252 Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / 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). 

remains in ‘‘not current’’ status on 

Commerce’s website. 

The proposed order applies to 

ExpatEdge’s 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 ExpatEdge from 

engaging in the future in practices 

similar to those alleged in the 

complaint. 

Part I of the proposed order prohibits 

ExpatEdge 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 ExpatEdge 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 

ExpatEdge 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. E9–24997 Filed 10–15–09; 8:45 am] 

BILLING CODE 6750–01–S 

FEDERAL TRADE COMMISSION 

[Docket No. 9338] 

Carilion Clinic; Analysis of Agreement 

Containing 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 

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 6, 2009. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to ‘‘Carilion 

Clinic, Docket No. 9338’’ 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/ 

carilionclinic) 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 (https:// 

public.commentworks.com/ftc/ 

carilionclinic.). 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 ‘‘Carilion, Docket 

No. 9338’’ 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: 

Jeffrey Perry, Bureau of Competition, 

600 Pennsylvania Avenue, NW, 

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

2331. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 6(f) of the Federal Trade 

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

46(f), and § 3.25(f) the Commission 

Rules of Practice, 16 CFR 3.25(f), 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 


jlentini on DSKJ8SOYB1PROD with NOTICES