Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Notices 53503 

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
53504 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Notices 

appropriate action or make final the 

agreement’s proposed order. 

This matter concerns alleged false or 

misleading representations that Onyx 

Graphics 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. 

Onyx Graphics develops and markets 

commercial printing software and 

solutions for the digital color printing 

marketplace, including through a 

website (www.onyxgfx.com). According 

to the Commission’s complaint, since at 

least October 2006, Onyx Graphics 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 Onyx Graphics falsely represented 

that it was a current participant in the 

Safe Harbor when, in fact, from August 

2007 until July 2009, Onyx Graphics 

was not a current participant in the Safe 

Harbor. The Commission’s complaint 

alleges that in August 2006, Onyx 

Graphics submitted a self-certification 

to Commerce, which it did not renew in 

August 2007. Commerce then updated 

the company’s status to ‘‘not current’’ 

on the Commerce public website. Onyx 

Graphics remained in ‘‘not current’’ 

status until it submitted a selfcertification to Commerce in July 2009. 

The proposed order applies to Onyx 

Graphics’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 Onyx Graphics from 

engaging in the future in practices 

similar to those alleged in the 

complaint. 

Part I of the proposed order prohibits 

Onyx Graphics 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 Onyx 

Graphics 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 

Onyx Graphics 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. E9–24995 Filed 10–16–09: 9:31 am] 

BILLING CODE: 6750–01–S 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

[Document Identifier OS–0990–New] 

Agency Information Collection 

Request; 60-Day Public Comment 

Request 

AGENCY: Office of the Secretary, HHS. 

In compliance with the requirement 

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

Paperwork Reduction Act of 1995, the 

Office of the Secretary (OS), Department 

of Health and Human Services, is 

publishing the following summary of a 

proposed information collection request 

for public comment. Interested persons 

are invited to send comments regarding 

this burden estimate or any other aspect 

of this collection of information, 

including any of the following subjects: 

(1) The necessity and utility of the 

proposed information collection for the 

proper performance of the agency’s 

functions; (2) the accuracy of the 

estimated burden; (3) ways to enhance 

the quality, utility, and clarity of the 

information to be collected; and (4) the 

use of automated collection techniques 

or other forms of information 

technology to minimize the information 

collection burden. 

To obtain copies of the supporting 

statement and any related forms for the 

proposed paperwork collections 

referenced above, e-mail your request, 

including your address, phone number, 

OMB number, and OS document 

identifier, to 

Sherette.funncoleman@hhs.gov, or call 

the Reports Clearance Office on (202) 

690–6162. Written comments and 

recommendations for the proposed 

information collections must be directed 

to the OS Paperwork Clearance Officer 

at the above e-mail address within 60 

days. 

Proposed Project: Research Mentoring 

Dyad: Comparing the Views of Faculty 

Advisors/Mentors and Their Ph.D. 

Students on Training/Learning to Be a 

Responsible Researcher—OMB No. 

0990–New—Office of Research Integrity 

(ORI). 

Abstract: This effort is consistent with 

the directive to ORI to ‘‘focus more on 

preventing misconduct and promoting 

research integrity’’ (Federal Register: 

May 12, 2000, Volume 65, Number 93). 

Study results will be used to promote 

mentoring best practices, in particular 

for the responsible conduct of research, 

by raising awareness of the role of 

faculty members in developing young 

scientists, promoting discussion in the 

scientific community, and informing 

institutions on where and how to focus 

resources from the unique perspective 

of both faculty and doctoral student. To 

gather information to promote ORI’s 

objectives, this study will use in-depth 

personal interviews with 100 faculty 

who participated in the ORI Faculty 

Survey and agreed to be re-contacted 

and 100 matched doctoral students who 

have graduated in the last five years. 

These one-time interviews will be used 

to find out how faculty and their 

students view the training and 

education of responsible researchers. 

Interviews with matched faculty/ 

doctoral student pairs will provide a 

unique opportunity to compare these 

two perspectives and will strengthen 

and elaborate on the ORI Faculty Survey 

results. 


sroberts on DSKD5P82C1PROD with NOTICES