Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Notices 3043 

language interpretation or other 

reasonable accommodations, should 

contact Mary Dove, Commission 

Secretary, at (202) 694–1040, at least 72 

hours prior to the hearing date. 

PERSON TO CONTACT FOR INFORMATION: 

Judith Ingram, Press Officer, Telephone: 

(202) 694–1220. 

Mary Dove, 

Secretary of the Commission. 

[FR Doc. E9–855 Filed 1–15–09; 8:45 am] 

BILLING CODE 6715–01–P 

FEDERAL RETIREMENT THRIFT 

INVESTMENT BOARD 

Privacy Act of 1974; System of 

Records 

AGENCY: Federal Retirement Thrift 

Investment Board. 

ACTION: Notice to alter a system of 

records. 

SUMMARY: The Federal Retirement Thrift 

Investment Board (Agency) proposes to 

alter a system of records notice in its 

existing inventory of records subject to 

the Privacy Act of 1974, (5 U.S.C. 552a), 

as amended. 

The proposed changes to FRTIB–1, 

Thrift Savings Plan Records, are 

necessary as the system location, system 

manager, and record access procedures 

have changed. These changes are also 

necessary in order to make clear the 

distinction between information 

available to beneficiaries and 

information available to someone 

handling a participant’s estate. Finally, 

these changes are necessary to allow the 

Agency to share participant information 

with agency personnel and casualty 

assistance officers who are aiding 

beneficiaries, with consumer reporting 

agencies when necessary for the Agency 

to collect a debt owed to it under 5 

U.S.C. 3711, and with quality control 

companies that are verifying documents 

submitted to lenders in connection with 

participants’ commercial loan 

applications. 

DATES: Effective Date: This proposed 

action will be effective without further 

notice on February 17, 2009 unless 

comments are received which result in 

a contrary determination. 

ADDRESSES: Comments may be sent to 

Megan Graziano, Assistant General 

Counsel, Federal Retirement Thrift 

Investment Board, 1250 H Street, NW., 

Washington, DC 20005. The Agency’s 

fax number is (202) 942–1676. 

FOR FURTHER INFORMATION CONTACT: 

Megan Graziano on (202) 942–1660. 

SUPPLEMENTARY INFORMATION: The 

Agency administers the TSP, which was 

established by the Federal Employees’ 

Retirement System Act of 1986 

(FERSA), Public Law 99–335, 100 Stat. 

514. The TSP provisions of FERSA are 

codified, as amended, largely at 5 U.S.C. 

8351 and 8401–79. The TSP is a taxdeferred retirement savings plan for 

Federal civilian employees and 

members of the uniformed services. The 

TSP is similar to cash or deferred 

arrangements established for privatesector employees under section 401(k) 

of the Internal Revenue Code (26 U.S.C. 

401(k)). 

The proposed system reports, as 

required by 5 U.S.C. 552a(r), of the 

Privacy Act of 1974, as amended, were 

submitted to the House Committee on 

Government Reform, the Senate 

Committee on Homeland Security and 

Government Affairs, and the Office of 

Management and Budget (OMB) 

pursuant to paragraph 4c of Appendix I 

to OMB Circular No. A–130, ‘‘Federal 

Agency Responsibilities for Maintaining 

Records About Individuals,’’ dated 

February 8, 1996 (February 20, 1996, 61 

FR 6427). 

Thomas K. Emswiler, 

General Counsel, Federal Retirement Thrift 

Investment Board. 

FRTIB–1 

SYSTEM NAME: 

* * * * * 

SYSTEM LOCATION: 

Delete the entry and replace with 

these two sentences: ‘‘These records are 

located at the office of the entity 

engaged by the Agency to perform 

record keeping services for the TSP. The 

current address for this record keeper is 

listed at http://www.tsp.gov.’’ 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

* * * * * 

CATEGORIES OF RECORDS IN THE SYSTEM: 

* * * * * 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

* * * * * 

PURPOSES: 

* * * * * 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

Edit subpart (e) as follows: 

‘‘(e). When a participant to whom a 

record pertains dies, to disclose the 

following types of information to any 

potential beneficiary: Information in the 

participant’s record which could have 

been properly disclosed to the 

participant when living (unless doing so 

would constitute a clearly unwarranted 

invasion of privacy) and the name and 

relationship of any other person who 

claims the benefits or who is entitled to 

share the benefits payable.’’ Add the 

following subpart after (e) and 

redesignate all subparts thereafter: 

‘‘(f). When a participant to whom a 

record pertains dies, to disclose the 

following types of information to 

anyone handling the participant’s estate: 

Information in the participant’s record 

which could have been properly 

disclosed to the participant when living 

(unless doing so would constitute a 

clearly unwarranted invasion of 

privacy), the name and the relationship 

of any person who claims the benefits 

or who is entitled to share the benefits 

payable, and information necessary for 

the estate’s administration (for example, 

post-death tax reporting).’’ 

Add the following subparts after 

subpart (r): 

‘‘(s). To disclose to personnel from 

agency personnel/payroll offices or to 

casualty assistance officers when 

necessary to assist a beneficiary or 

potential beneficiary. 

(t). To disclose to a consumer 

reporting agency when the Board is 

trying to collect a debt owed to the 

Board under the provisions of 5 U.S.C. 

3711. 

(u). To disclose to quality control 

companies when such companies are 

verifying documents submitted to 

lenders in connection with participants’ 

commercial loan applications.’’ 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING AND

DISPOSING OF RECORDS IN THE SYSTEM: 

* * * * * 

STORAGE: 

* * * * * 

RETRIEVABILITY: 

* * * * * 

SAFEGUARDS: 

* * * * * 

RETENTION AND DISPOSAL: 

* * * * * 

SYSTEM MANAGER(S) AND ADDRESS: 

Delete, the words ‘‘Executive 

Director’’ and replace with the words 

‘‘Chief Financial Officer.’’ 

RECORD ACCESS PROCEDURES: 

Delete the third sentence in the final 

paragraph and replace entry with these 

two sentences: ‘‘To use the TSP 

ThriftLine, the participant must have a 

touch-tone telephone and call the 

following number 1–877–968–3778. 

Hearing-impaired participants should 

dial 1–877–847–4385.’’ 

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3044 Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Notices 

1 The 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 

Commission Rule 4.9(c), 16 CFR 4.9(c). 

Delete the fifth and final sentence in 

the final paragraph. 

CONTESTING RECORD PROCEDURES: 

* * * * * 

RECORD SOURCE CATEGORIES: 

* * * * * 

[FR Doc. E9–887 Filed 1–15–09; 8:45 am] 

BILLING CODE 6760–01–P 

FEDERAL TRADE COMMISSION 

[File No. 082 3032] 

Shiva Venture Group, Inc. dba INNOVA 

Financial Group; 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 

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 February 9, 2009. 

ADDRESSES: Interested parties are 

invited to submit written comments. 

Comments should refer to ‘‘Innova 

Financial Group, File No. 082 3032,’’ to 

facilitate the organization of comments. 

A comment filed in paper form should 

include this 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 135-H, 

600 Pennsylvania Avenue, N.W., 

Washington, D.C. 20580. Comments 

containing confidential material must be 

filed in paper form, must be clearly 

labeled ‘‘Confidential,’’ and must 

comply with Commission Rule 4.9(c). 

16 CFR 4.9(c) (2005).1 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. Comments that do not 

contain any nonpublic information may 

instead be filed in electronic form by 

following the instructions on the webbased form at (http:// 

secure.commentworks.com/ftcInnovaFinancialGroup). To ensure that 

the Commission consider an electronic 

comment, you must file it on that webbased form. 

The FTC Act and other laws the 

Commission administers permit the 

collection of public comments to 

consider and use in this proceeding as 

appropriate. All timely and responsive 

public comments, whether filed in 

paper or electronic form, will be 

considered by the Commission, and will 

be available to the public on the FTC 

website, to the extent practicable, at 

www.ftc.gov. 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). 

FOR FURTHER INFORMATION CONTACT: 

Carole Reynolds, Bureau of Consumer 

Protection, 600 Pennsylvania Avenue, 

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

3230. 

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 of 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 January 8, 2009), on the 

World Wide Web, at (http:// 

www.ftc.gov/os/2009/01/index.htm). 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’’) has accepted, subject to final 

approval, an agreement containing a 

consent order from Shiva Venture 

Group, Inc. dba Innova Financial Group 

(‘‘respondent’’). 

The proposed consent order has been 

placed on the public record for thirty 

(30) days for the 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 or make 

final the agreement’s proposed order. 

The complaint alleges that respondent 

engaged in practices that violate Section 

5(a) of the Federal Trade Commission 

Act, 15 U.S.C. § 45(a), Section 144 of the 

Truth in Lending Act (‘‘TILA’’), 15 

U.S.C. § 1664, and Section 226.24 of 

Regulation Z, 12 C.F.R. § 226.24. 

Section 5(a) of the FTC Act prohibits 

unfair or deceptive acts or practices. 

Respondent violated Section 5(a) of the 

FTC Act, because it disseminated or has 

caused to be disseminated home loan 

advertisements which offer a low 

monthly payment amount and/or 

payment rate, but fail to disclose, or fail 

to disclose adequately, that this monthly 

payment amount and/or payment rate: 

(1) Apply only for a limited period of 

time, after which they will increase; (2) 

do not include the amount of interest 

that the consumer owes each month; 

and (3) are less than the monthly 

payment amount (including interest) 

and/or the interest rate that the 

consumer owes, with the difference 

added to the total amount due from the 

consumer or total loan balance. This 

information would be material to 

consumers shopping for a mortgage loan 

and the failure to disclose, or failure to 

disclose adequately, this information is 

a deceptive practice. 

TILA and Regulation Z require that 

closed-end credit advertisers who state 

a periodic payment amount must also 

provide additional information in the 

advertisement, including the terms of 

repayment; the annual percentage rate 

(‘‘APR’’); and if the APR may be 

increased after consummation, that fact. 

TILA and Regulation Z also require that 

if an advertisement states a rate of 

finance charge, it must state the rate as 

an APR. Currently, Regulation Z also 

requires that if the advertisement states 

a payment rate, it must include 

additional disclosures. Respondent’s 

advertisements failed to disclose, or 

failed to disclose clearly and 

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