Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Notices 5751 

If you want the Commission to give 

your comment confidential treatment, 

you must file it in paper form, with a 

request for confidential treatment, and 

you are required to follow the procedure 

explained in FTC Rule 4.9(c), 16 CFR 

4.9(c). Your comment will be kept 

confidential only if the FTC General 

Counsel grants your request in 

accordance with the law and the public 

interest. 

Postal mail addressed to the 

Commission is subject to delay due to 

heightened security screening. As a 

result, we encourage you to submit your 

comment online, or to send it to the 

Commission by courier or overnight 

service. To make sure that the 

Commission considers your online 

comment, you must file it at https://

ftcpublic.commentworks.com/ftc/

healthbreachnotificationpra2, by 

following the instructions on the webbased form. If this Notice appears at 

http://www.regulations.gov, you also 

may file a comment through that Web 

site. 

If you file your comment on paper, 

write ‘‘Health Breach Notification Rule, 

PRA Comments, P–125402’’ on your 

comment and on the envelope, and mail 

or deliver it to the following address: 

Federal Trade Commission, Office of the 

Secretary, 600 Pennsylvania Avenue 

NW., Suite CC–5610 (Annex J), 

Washington, DC 20580, or deliver your 

comment to the following address: 

Federal Trade Commission, Office of the 

Secretary, Constitution Center, 400 7th 

Street SW., 5th Floor, Suite 5610 

(Annex J), Washington, DC 20024. If 

possible, submit your paper comment to 

the Commission by courier or overnight 

service. 

The FTC Act and other laws that 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 on or 

before March 4, 2016. You can find 

more information, including routine 

uses permitted by the Privacy Act, in 

the Commission’s privacy policy, at 

http://www.ftc.gov/ftc/privacy.shtm. 

Comments on the information 

collection requirements subject to 

review under the PRA should also be 

submitted to OMB. If sent by U.S. mail, 

address comments to: Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

Attention: Desk Officer for the Federal 

Trade Commission, New Executive 

Office Building, Docket Library, Room 

10102, 725 17th Street NW., 

Washington, DC 20503. Comments sent 

to OMB by U.S. postal mail, however, 

are subject to delays due to heightened 

security precautions. Thus, comments 

instead should be sent by facsimile to 

(202) 395–5167. 

Christian S. White, 

Deputy General Counsel. 

[FR Doc. 2016–01975 Filed 2–2–16; 8:45 am] 

BILLING CODE 6750–01–P 

FEDERAL TRADE COMMISSION 

[File No. 152–3104] 

Jim Koons Management 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. 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 29, 2016. 

ADDRESSES: Interested parties may file a 

comment at https://

ftcpublic.commentworks.com/ftc/

jimkoonsmgtconsent online or on paper, 

by following the instructions in the 

Request for Comment part of the 

SUPPLEMENTARY INFORMATION section 

below. Write ‘‘Jim Koons Management 

Company—Consent Agreement; File No. 

152–3104’’ on your comment and file 

your comment online at https://

ftcpublic.commentworks.com/ftc/

jimkoonsmgtconsent by following the 

instructions on the web-based form. If 

you prefer to file your comment on 

paper, write ‘‘Jim Koons Management 

Company—Consent Agreement; File No. 

152–3104’’ on your comment and on the 

envelope, and mail your comment to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

600 Pennsylvania Avenue NW., Suite 

CC–5610 (Annex D), Washington, DC 

20580, or deliver your comment to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

Constitution Center, 400 7th Street SW., 

5th Floor, Suite 5610 (Annex D), 

Washington, DC 20024. 

FOR FURTHER INFORMATION CONTACT: 

Evan Zullow (202) 326–2914 or 

Courtney Estep (202) 326–2788, Bureau 

of Consumer Protection, 600 

Pennsylvania Avenue NW., Washington, 

DC 20580. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 6(f) of the Federal Trade 

Commission Act, 15 U.S.C. 46(f), and 

FTC Rule 2.34, 16 CFR 2.34, notice is 

hereby given that the above-captioned 

consent agreement containing 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 28, 2016), on 

the World Wide Web at: http://

www.ftc.gov/os/actions.shtm. 

You can file a comment online or on 

paper. For the Commission to consider 

your comment, we must receive it on or 

before February 29, 2016. Write ‘‘Jim 

Koons Management Company—Consent 

Agreement; File No. 152–3104’’ on your 

comment. Your comment—including 

your name and your state—will be 

placed on the public record of this 

proceeding, including, to the extent 

practicable, on the public Commission 

Web site, at http://www.ftc.gov/os/

publiccomments.shtm. As a matter of 

discretion, the Commission tries to 

remove individuals’ home contact 

information from comments before 

placing them on the Commission Web 

site. 

Because your comment will be made 

public, you are solely responsible for 

making sure that your comment does 

not include any sensitive personal 

information, like anyone’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. You are also solely responsible 

for making sure that your comment does 

not include any sensitive health 

information, like medical records or 

other individually identifiable health 

information. In addition, do not include 

any ‘‘[t]rade secret or any commercial or 

financial information which . . . is 

privileged or confidential,’’ as discussed 

in section 6(f) of the FTC Act, 15 U.S.C. 

46(f), and FTC Rule 4.10(a)(2), 16 CFR 

4.10(a)(2). In particular, do not include 

competitively sensitive information 

such as costs, sales statistics, 

inventories, formulas, patterns, devices, 

manufacturing processes, or customer 

names. 

If you want the Commission to give 

your comment confidential treatment, 

you must file it in paper form, with a 

request for confidential treatment, and 

mstockstill on DSK4VPTVN1PROD with NOTICES

5752 Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Notices 

1 In particular, the written request for confidential 

treatment that accompanies the comment must 

include the factual and legal basis for the request, 

and must identify the specific portions of the 

comment to be withheld from the public record. See 

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

you have to follow the procedure 

explained in FTC Rule 4.9(c), 16 CFR 

4.9(c).1 Your comment will be kept 

confidential only if the FTC General 

Counsel, in his or her sole discretion, 

grants your request in accordance with 

the law and the public interest. 

Postal mail addressed to the 

Commission is subject to delay due to 

heightened security screening. As a 

result, we encourage you to submit your 

comments online. To make sure that the 

Commission considers your online 

comment, you must file it at https://

ftcpublic.commentworks.com/ftc/

jimkoonsmgtconsent by following the 

instructions on the web-based form. If 

this Notice appears at http://

www.regulations.gov/#!home, you also 

may file a comment through that Web 

site. 

If you file your comment on paper, 

write ‘‘Jim Koons Management 

Company—Consent Agreement; File No. 

152–3104’’ on your comment and on the 

envelope, and mail your comment to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

600 Pennsylvania Avenue NW., Suite 

CC–5610 (Annex D), Washington, DC 

20580, or deliver your comment to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

Constitution Center, 400 7th Street SW., 

5th Floor, Suite 5610 (Annex D), 

Washington, DC 20024. If possible, 

submit your paper comment to the 

Commission by courier or overnight 

service. 

Visit the Commission Web site at 

http://www.ftc.gov to read this Notice 

and the news release describing it. The 

FTC Act and other laws that 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 on or 

before February 29, 2016. You can find 

more information, including routine 

uses permitted by the Privacy Act, in 

the Commission’s privacy policy, at 

http://www.ftc.gov/ftc/privacy.htm. 

Analysis of Proposed 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 Jim 

Koons Management Company. 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 FTC 

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. 

The respondent is a car dealership 

that sells used motor vehicles. 

According to the FTC complaint, 

respondent has represented that the 

used motor vehicles it sells have been 

subject to rigorous inspection, including 

for safety issues, but has failed to 

disclose that the used motor vehicles it 

sells are subject to open recalls for 

safety issues. 

For instance, the respondent has 

posted advertisements on the Web site 

www.koons.com which prominently 

featured the ‘‘Koons Used Car 

Advantage’’ and included the 

representation that ‘‘[b]acked by the 

Koons Used Car Advantage, each 

vehicle we carry has been carefully 

selected and tested. . . .’’ The Web site 

listed among the ‘‘Koons Used Car 

Advantage Guarantees’’ the following 

representation: ‘‘Every certified Koons 

Outlet vehicle must pass a rigorous and 

extensive quality inspection before it 

can be sold. Our certified mechanics 

check all major mechanical and 

electrical systems and every power 

accessory as part of our rigid quality 

controls.’’ 

Even though it makes such claims, the 

respondent has allegedly advertised on 

its Web sites numerous certified used 

vehicles that were subject to open 

recalls for safety issues. In numerous 

instances, when the respondent 

allegedly advertised certified used 

vehicles that are subject to open recalls 

for safety issues, it provided no 

accompanying clear and conspicuous 

disclosure of this fact. The proposed 

complaint alleges that this failure to 

disclose constitutes a deceptive act or 

practice under section 5 of the FTC Act. 

The proposed order is designed to 

prevent the respondent from engaging in 

similar deceptive practices in the future. 

Part I prohibits the respondent from 

representing that used motor vehicles it 

offers for sale are safe, have been 

repaired for safety issues, or have been 

subject to an inspection for issues 

related to safety unless the used motor 

vehicles are not subject to any open 

recalls for safety issues or the 

respondent discloses, clearly and 

conspicuously, in close proximity to 

such representation, any material 

qualifying information related to open 

recalls for safety issues. Part II is a 

provision that orders the respondent to 

notify every consumer who purchased 

from it a certified used motor vehicle 

between July 1, 2013 and June 15, 2015 

that some of the used vehicles it sold 

during this time had been recalled for 

safety issues which weren’t repaired as 

of the date they were sold. The notice 

also specifies how consumers can check 

whether the vehicle is subject to an 

unrepaired recall at the National 

Highway Traffic Safety Administration’s 

Web site, https://vinrcl.safercar.gov/ 

vin/. This Web site also provides 

information on how to get a vehicle 

fixed if it is subject to an open recall. 

Parts III through VII of the proposed 

order are reporting and compliance 

provisions. Part III requires the 

respondent to maintain for five years, 

and produce to the Commission upon 

demand, any relevant ads and 

associated documentary material. Part 

IV is an order distribution provision that 

requires the respondent to provide the 

Order to current and future principals, 

officers, directors, and managers, and to 

all current employees, agents, and 

representatives having responsibilities 

with respect to the subject matter of the 

Order. Part V requires the respondent to 

notify the Commission of corporate 

changes that may affect compliance 

obligations. Part VI requires the 

respondent to submit a compliance 

report to the Commission 60 days after 

entry of the order, and also additional 

compliance reports within 10 business 

days of a written request by the 

Commission. Part VII ‘‘sunsets’’ the 

order after twenty years, with certain 

exceptions. 

The purpose of this analysis is to aid 

public comment on the proposed order. 

It is not intended to constitute an 

official interpretation of the complaint 

or proposed order, or to modify in any 

way the proposed order’s terms. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2016–01945 Filed 2–2–16; 8:45 am] 

BILLING CODE 6750–01–P 

FEDERAL TRADE COMMISSION 

[File No. 152 3101] 

General Motors, LLC; 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 

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