19092 Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Notices 

418–0530 (voice), (202) 418–0432 

(TTY). The complete text of the Order 

may also be purchased from the 

Commission’s duplicating contractor, 

Best Company and Printing, Inc., Portals 

II, 445 12th Street, SW., Room CY–B402, 

Washington, DC 20554, telephone (202) 

863–2893, facsimile (202) 863–2898, or 

by e-mail fcc@bcpiweb.com, or via its 

Web site http://www.bcpiweb.com. 

Synopsis of Order 

1. On January 16, 2009, the 

Commission released its 13th Annual 

Report to Congress on the status of 

competition in the market for the 

delivery of video programming. See 

Annual Assessment of the Status of 

Competition in the Market for the 

Delivery of Video Programming, 13th 

Annual Report, 24 FCC Rcd 542 (2009). 

The Report provided information as of 

2006. On the same date, the 

Commission released a Notice of Inquiry 

(NOI) soliciting 2007 data for the 14th 

Annual Report. See Annual Assessment 

of the Status of Competition in the 

Market for the Delivery of Video 

Programming, Notice of Inquiry, 24 FCC 

Rcd 750 (2009), 74 FR 8675, February 

11, 2009. The NOI initially set a 

deadline of February 27, 2009 for 

comments, and March 28, 2009 for reply 

comments. 

2. On February 23, 2009, the 

Commission issued an extension of time 

to file comments and reply comments 

for 2007 data. See Annual Assessment 

of the Status of Competition in the 

Market for the Delivery of Video 

Programming, Order, 24 FCC Rcd 2524 

(2009), 74 FR 11102, March 16, 2009. As 

described in the extension, comments in 

response to the NOI seeking information 

as of June 30, 2007, are due on April 28, 

2009, and reply comments are due on 

May 28, 2009. We noted that the 

establishment of a single set of filing 

deadlines for 2007 and 2008 data will 

avoid duplication of effort by 

commenters and will streamline 

Commission review of the submitted 

information, thereby conserving 

commenters’ and Commission 

resources. 

3. As described in the Supplemental 

Notice of Inquiry that the Commission 

adopted on April 8, 2009, we will 

release a single report covering the years 

2007, 2008, and 2009. Comments for 

2008 data are due May 20, 2009, and 

reply comments are due June 20, 2009. 

4. To afford commenters the 

opportunity to file their 2007 and 2008 

information concurrently, we are hereby 

extending the comment periods 

announced in the Order to coincide 

with the filing deadlines we establish 

for the 2008 data. 

5. Accordingly, it is ordered that, 

pursuant to sections 4(i), 4(j), 403 and 

628(g) of the Communications Act of 

1934, as amended, 47 U.S.C. 154(i), 

154(j), 403, and 548(g), and §§ 0.061, 

0.204, 0.283, and 1.46 of the rules, 47 

CFR 0.061, 0.204, 0.283, and 1.46, the 

deadlines for responding to the Notice 

of Inquiry for the 14th Annual Report 

are extended, sua sponte, until May 20, 

2009, for initial comments and June 20, 

2009, for reply comments. 

Federal Communications Commission, 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E9–9571 Filed 4–24–09; 8:45 am] 

BILLING CODE 6712–01–P 

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 May 12, 

2009. 

A. Federal Reserve Bank of Atlanta 

(Steve Foley, Vice President) 1000 

Peachtree Street, N.E., Atlanta, Georgia 

30309: 

1. Jessie Doyle Buffinton; Helmut 

Hans Cawthon; Kenneth Franklin Davis; 

Andrew Charles Heaner; Clinton Gray 

Hubbard; Stephen Curtis Klasson; 

Kimberly Gill Mauer; Laura Hallin 

Mumber; Matthew Peter Mumber; Delos 

Harley Yancey, III; John Demetrius 

Xanthos, all of Rome, Georgia; Andrew 

Charles Heaner, Atlanta, Georgia; and 

Wayne Elm Vick, Armuchee, Georgia; 

collectively to acquire additional voting 

shares of Heritage First Bancshares, Inc., 

and thereby indirectly acquire 

additional voting shares of Heritage 

First Bank, both of Rome, Georgia. 

B. Federal Reserve Bank of St. Louis 

(Glenda Wilson, Community Affairs 

Officer) P.O. Box 442, St. Louis, 

Missouri 63166–2034: 

1. Terry L. Bunnell, individually and 

in concert with Deborah L. Bunnell, both 

of Glasgow, Kentucky; to acquire control 

of Peoples—Marion Bancorp, Inc., and 

thereby indirectly acquire control of The 

Peoples Bank, both of Marion, 

Kentucky. 

Board of Governors of the Federal Reserve 

System, April 22, 2009. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. E9–9520 Filed 4–24–09; 8:45 am] 

BILLING CODE 6210–01–S 

FEDERAL TRADE COMMISSION 

[File No. 082 3145] 

Kellogg Company; 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 

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 May 19, 2009. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to‘‘Kellogg, File 

No. 082 3145’’ 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 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Notices 19093 

1 FTC Rule 4.2(d), 16 CFR 4.2(d). 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 FTC Rule 4.9(c), 16 CFR 4.9(c). 

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).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:// 

secure.commentworks.com/ftc-Kellogg) 

(and following the instructions on the 

web-based form). To ensure that the 

Commission considers an electronic 

comment, you must file it on the webbased form at the weblink: (https:// 

secure.commentworks.com/ftc-Kellogg). 

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 ‘‘Kellogg, File No. 

082 3145‘‘ 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, 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: 

Heather Hippsley or Kial S. Young, 

Bureau of Consumer Protection, 600 

Pennsylvania Avenue, NW, Washington, 

D.C. 20580, (202) 326–3285. 

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 February 18, 2009), on 

the World Wide Web, at (http:// 

www.ftc.gov/os/2009/04/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’’ or ‘‘Commission’’) has accepted, 

subject to final approval, an agreement 

containing a consent order from Kellogg 

Company (‘‘Respondent’’). 

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 involves the advertising 

and promotion of Kellogg’s Frosted 

Mini-Wheats, a well-known breakfast 

cereal. According to the FTC complaint, 

Respondent represented, in various 

advertisements, that eating a bowl of 

Kellogg’s Frosted Mini-Wheats cereal for 

breakfast is clinically shown to improve 

kids’ attentiveness by nearly 20%. The 

complaint alleges that this claim is false 

or misleading because, in fact, in the 

clinical study referred to in 

respondent’s advertisements, only about 

half the kids who ate Frosted MiniWheats cereal showed any improvement 

after three hours as compared to their 

pre-breakfast baseline. In addition, 

overall, only one in seven kids who ate 

the cereal improved their attentiveness 

by 18% or more, and only about one in 

nine improved by 20% or more. 

The FTC complaint also charges that 

Respondent represented, in other 

advertising, that eating a bowl of 

Kellogg’s Frosted Mini-Wheats cereal for 

breakfast is clinically shown to improve 

kids’ attentiveness by nearly 20% when 

compared to kids who ate no breakfast. 

The FTC alleges that this claim is also 

false or misleading, because in fact, kids 

in the clinical study who ate Frosted 

Mini-Wheats had an average of 10.6% 

better attentiveness three hours later 

than kids who had skipped breakfast. In 

addition, relatively few kids 

experienced better attentiveness near 

the 20% level. 

The proposed consent order contains 

provisions designed to prevent 

Respondent from engaging in similar 

acts and practices in the future. Part I of 

the proposed order prohibits 

Respondent from representing that (a) 

eating a bowl of Kellogg’s Frosted MiniWheats cereal for breakfast is clinically 

shown to improve kids’ attentiveness by 

nearly 20%, or any other specific 

percentage; and (b) eating a bowl of 

Kellogg’s Frosted Mini-Wheats cereal for 

breakfast is clinically shown to improve 

kids’ attentiveness by nearly 20%, or 

any other specific percentage, compared 

to kids who ate no breakfast, unless the 

representation is true and nonmisleading at the time it is made. 

Part II of the proposed order prohibits 

Respondent from making any 

representations in advertising for 

Frosted Mini-Wheats or any other 

morning food or snack food about the 

benefits, performance, or efficacy of the 

product for cognitive function, 

processes, or health, unless the 

representation is true and nonmisleading. In addition, Respondent 

must possess competent and reliable 

scientific evidence for such claims. 


pwalker on PROD1PC71 with NOTICES
19094 Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Notices 

Part III of the proposed order 

prohibits Respondent from making 

misrepresentations in advertising for 

any morning food or snack food about 

the existence, contents, validity, results, 

conclusions, or interpretations of any 

test, study or research. 

Part IV of the proposed order states 

that the order does not prohibit 

Respondent from making 

representations for any product that are 

specifically permitted in labeling for 

that product by regulations issues by the 

FDA under the Nutrition Labeling and 

Education Act of 1990. 

Parts V through VIII of the proposed 

order require Respondent to keep copies 

of relevant advertisements and materials 

substantiating claims made in the 

advertisements; to provide copies of the 

order to certain of their personnel; to 

notify the Commission of changes in 

corporate structure that might affect 

compliance obligations under the order; 

and to file compliance reports with the 

Commission. Part IX provides that the 

order will terminate after twenty (20) 

years, with certain exceptions. 

The purpose of this analysis is to 

facilitate public comment on the 

proposed order, and 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. E9–9484 Filed 4–24–09: 8:45 am] 

BILLING CODE 6750–01–S 

GENERAL SERVICES 

ADMINISTRATION 

[OMB Control No. 3090–0044] 

Public Buildings Service; Information 

Collection; GSA Form 3453, 

Application/Permit for Use of Space in 

Public Buildings and Grounds 

AGENCY: Public Buildings Service, 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 renewal of a currently approved 

information collection requirement 

regarding GSA Form 3453, Application/ 

Permit for Use of Space in Public 

Buildings and Grounds. The clearance 

currently expires on April 30, 2009. 

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; ways to enhance the 

quality, utility, and clarity of the 

information to be collected. 

DATES: Submit comments on or before: 

June 26, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Frank Giblin, Public Buildings Service, 

at telephone (202) 501–1856, or via 

e-mail to frank.giblin@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 

(VPR), General Services Administration, 

Room 4041, 1800 F Street, NW., 

Washington, DC 20405. Please cite OMB 

Control No. 3090–0044, GSA Form 

3453, Application/Permit for Use of 

Space in Public Buildings and Grounds, 

in all correspondence. 

SUPPLEMENTARY INFORMATION: 

A. Purpose 

The general public uses GSA Form 

3453, Application/Permit for Use of 

Space in Public Buildings and Grounds, 

to request the use of public space in 

Federal buildings and on Federal 

grounds for cultural, educational, or 

recreational activities. A copy, sample, 

or description of any material or item 

proposed for distribution or display 

must also accompany this request. 

B. Annual Reporting Burden 

Respondents: 8,000. 

Responses per Respondent: 1. 

Hours per Response: 0.05. 

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 (VPR), 1800 F 

Street, NW., Room 4041, Washington, 

DC 20405, telephone (202) 501–4755. 

Please cite OMB Control No. 3090–0044, 

GSA Form 3453, Application/Permit for 

Use of Space in Public Buildings and 

Grounds, in all correspondence. 

Dated: April 21, 2009. 

Philip E. Klokis, 

Acting Chief Information Officer. 

[FR Doc. E9–9490 Filed 4–24–09; 8:45 am] 

BILLING CODE 6820–YT–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

[Docket No. FDA–2009–D–0179] 

Draft Guidance for Industry and Food 

and Drug Administration Staff: 

Technical Considerations for Pen, Jet, 

and Related Injectors Intended for Use 

With Drugs and Biological Products; 

Availability 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice. 

SUMMARY: The Food and Drug 

Administration (FDA) is announcing the 

availability of a draft guidance 

document entitled ‘‘Technical 

Considerations for Pen, Jet, and Related 

Injectors Intended for Use with Drugs 

and Biological Products.’’ The draft 

guidance document provides technical 

and scientific information for sponsors 

to consider in developing information to 

support a marketing application for a 

pen, jet, or related injector device 

intended for use with drugs or 

biological products. The marketing 

application would typically be a 

premarket notification submission 

(510(k)) or a premarket approval (PMA) 

application for the injector alone. For a 

combination product that includes the 

injector, the marketing application 

would typically be a new drug 

application (NDA) or a biological 

licensing application (BLA). 

DATES: Although you can comment on 

any guidance at any time (see 21 CFR 

10.115(g)(5)), to ensure that the agency 

considers your comment on this draft 

guidance before it begins work on the 

final version of the guidance, submit 

written or electronic comments on the 

draft guidance by July 27, 2009. 

ADDRESSES: Submit written requests for 

single copies of the draft guidance to the 

Office of Combination Products, 15800 

Crabbs Branch Way, Rockville, MD 

20855. Send one self-addressed 

adhesive label to assist the office in 

processing your requests. The draft 

guidance may also be obtained by mail 

by calling the Office of Combination 

Products at 301–427–1934 or by e-mail 

to combination@fda.gov. See the 

SUPPLEMENTARY INFORMATION section for 

electronic access to the draft guidance 

document. 

Submit written comments on the draft 

guidance to the Division of Dockets 

Management (HFA–305), Food and Drug 

Administration, 5630 Fishers Lane, rm. 

1061, Rockville, MD 20852. Submit 

electronic comments to http:// 

www.regulations.gov. 


pwalker on PROD1PC71 with NOTICES