5754 Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Notices 

that make the following representations 

about vehicles that purportedly undergo 

a rigorous 172-point inspection: 

We Check It, So You Don’t Have to 

172-Point Inspection and 

Reconditioning 

* * * * * 

Our 172-Point Vehicle Inspection and 

Reconditioning Process is conducted 

only by highly trained technicians and 

adheres to strict, factory-set standards to 

ensure that every vehicle’s engine, 

chassis, and body are in excellent 

condition. The technicians ensure that 

everything from the drivetrain to the 

windshield wipers is in good working 

order, or they recondition it to our 

exacting standards. The vehicles are 

road-tested, put up on a lift for a 

complete underbody and frame 

inspection, and then completely 

checked for any cosmetic flaws. 

And we do check it all. From the 

engine block to the shocks, right down 

to the floor mats, no major system is 

overlooked. If it fails a single point, we 

completely recondition it—or it won’t 

be Certified. 

Even though it makes such claims, the 

respondent has allegedly advertised on 

its Web site numerous Certified Pre 

Owned (‘‘CPO’’) vehicles that were 

subject to open recalls for safety issues. 

In numerous instances, when the 

respondent allegedly advertised CPO 

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 

markets or advertises are safe, have been 

repaired for safety issues, or have been 

subject to a rigorous inspection 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 a 

CPO used motor vehicle from a GM 

dealership between July 1, 2013 and the 

date of entry of the Order, and whose 

vehicle has not had the open recall 

repaired, that (1) the consumer’s vehicle 

has been recalled for safety issues that 

have not been repaired, and (2) how to 

get the vehicle repaired. 

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 certain current and future 

principals, officers, and directors, 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. 2016–01946 Filed 2–2–16; 8:45 am] 

BILLING CODE 6750–01–P 

FEDERAL TRADE COMMISSION 

[File No. 152–3102] 

Lithia Motors, Inc.; 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/

lithiamotorsconsent online or on paper, 

by following the instructions in the 

Request for Comment part of the 

SUPPLEMENTARY INFORMATION section 

below. Write ‘‘Lithia Motors, Inc.— 

Consent Agreement; File No. 152–3102’’ 

on your comment and file your 

comment online at https://

ftcpublic.commentworks.com/ftc/

lithiamotorsconsent by following the 

instructions on the Web-based form. If 

you prefer to file your comment on 

paper, write ‘‘Lithia Motors, Inc.— 

Consent Agreement; File No. 152–3102’’ 

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 ‘‘Lithia 

Motors, Inc.—Consent Agreement; File 

No. 152–3102’’ 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 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Notices 5755 

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). 

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 

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/

lithiamotorsconsent 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 ‘‘Lithia Motors, Inc.—Consent 

Agreement; File No. 152–3102’’ 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 Lithia 

Motors, 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 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 its Web site 

that make the following representations 

about vehicles that carry a dealerbacked ‘‘60 Day/3000 Mile’’ warranty: 

‘‘160-Point Quality Inspection—Lithia 

60 Day/3,000 Mile vehicles are put 

through an exhaustive 160-checkpoint 

Quality Assurance Inspection. We want 

the vehicles to look, feel and smell as 

new as possible. We inspect everything 

from the tires and the brakes to the 

suspension, drive train, engine 

components and even the undercarriage. 

Only vehicles that pass all 160 

checkpoints (as appropriate to vehicle 

content) can receive our 60 Day/3,000 

miles Limited Warranty. See dealer for 

details.’’ 

Even though it makes such claims, the 

respondent has allegedly advertised on 

its Web sites numerous Lithia 60-Day/

3,000 Mile used vehicles that were 

subject to open recalls for safety issues. 

In numerous instances, when the 

respondent allegedly advertised Lithia 

60-Day/3,000 Mile 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 60-Day/3,000 Mile used motor 

vehicle between July 1, 2013 and the 

date of entry of the Order 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, how to determine 

whether a vehicle is subject to an 

unrepaired recall, and 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. 

mstockstill on DSK4VPTVN1PROD with NOTICES

5756 Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Notices 

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. 2016–01944 Filed 2–2–16; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Agency for Toxic Substances and 

Disease Registry 

[Docket No. ATSDR–2016–0001] 

Availability of Draft Toxicological 

Profile; Glutaraldehyde 

AGENCY: Agency for Toxic Substances 

and Disease Registry (ATSDR), 

Department of Health and Human 

Services (DHHS). 

ACTION: Notice of availability and 

request for comment. 

SUMMARY: This notice, prepared by the 

Agency for Toxic Substances and 

Disease Registry (ATSDR), announces 

the availability of the Toxicological 

Profile for Glutaraldehyde for review 

and comment. All toxicological profiles 

issued as ‘‘Drafts for Public Comment’’ 

represent ATSDR’s best efforts to 

provide important toxicological 

information on priority hazardous 

substances. We are seeking public 

comments and additional information or 

reports on studies about the health 

effects of glutaraldehyde for review and 

potential inclusion in the profile. 

Comments can include additional 

information or reports on studies about 

the health effects of glutaraldehyde. 

Although ATSDR will consider key 

studies for this substance during the 

profile development process, this 

Federal Register notice solicits any 

relevant, additional studies, particularly 

unpublished data. ATSDR will evaluate 

the quality and relevance of such data 

or studies for possible inclusion into the 

profile. ATSDR is providing a public 

comment period for this document as a 

means to best serve public health and 

our clients. 

DATES: Written comments on this draft 

Toxicological Profile must be received 

on or before May 3, 2016. 

ADDRESSES: You may submit comments, 

identified by docket number ATSDR– 

2016–0001, by any of the following 

methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Division of Toxicology and 

Human Health Sciences, Agency for 

Toxic Substances and Disease Registry, 

1600 Clifton Rd. NE., MS F–57, Atlanta, 

GA, 30329. Attn: Docket No. ATSDR– 

2016–0001. 

Instructions: All submissions received 

must include the agency name and 

docket number for this notice. All 

relevant comments will be posted 

without change. Because all public 

comments regarding ATSDR 

Toxicological Profiles are available for 

public inspection, no confidential 

business information or other 

confidential information should be 

submitted in response to this notice. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Delores Grant, Division of Toxicology 

and Human Health Sciences, Agency for 

Toxic Substances and Disease Registry, 

1600 Clifton Rd. NE., MS F–57, Atlanta, 

GA, 30329. Phone: (800) 232–4636 or 

770–488–3351. 

SUPPLEMENTARY INFORMATION: The 

Superfund Amendments and 

Reauthorization Act of 1986 (SARA) (42 

U.S.C. 9601 et seq.) amended the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act of 1980 (CERCLA or Superfund) (42 

U.S.C. 9601 et seq.) by establishing 

certain requirements for ATSDR and the 

U.S. Environmental Protection Agency 

(U.S. EPA) regarding hazardous 

substances that are most commonly 

found at facilities on the CERCLA 

National Priorities List (NPL). Among 

these statutory requirements is a 

mandate for the Administrator of 

ATSDR to prepare toxicological profiles 

for each substance included on the 

priority list of hazardous substances 

[also called the Substance Priority List 

(SPL)]. This list identifies 275 

hazardous substances that ATSDR (in 

cooperation with EPA) has determined 

pose the most significant potential 

threat to human health. The 2015 SPL 

is available online at 

www.atsdr.cdc.gov/spl. 

In addition, ATSDR has the authority 

to prepare toxicological profiles for 

substances not found at sites on the 

National Priorities List, in an effort to 

‘‘establish and maintain inventory of 

literature, research, and studies on the 

health effects of toxic substances’’ under 

CERCLA Section 104(i)(1)(B), to respond 

to requests for consultation under 

section 104(i)(4), and as otherwise 

necessary to support the site-specific 

response actions conducted by ATSDR. 

The public comments and other data 

submitted in response to the Federal 

Register notices are available for public 

inspection at ATSDR. Comments are 

available for public inspection from 

Monday through Friday, except for legal 

holidays, from 9 a.m. until 5 p.m., 

Eastern Time, at 4770 Buford Hwy NE., 

Atlanta, Georgia 30341. Please call 

ahead to 1–800–232–4636 and ask for a 

representative in the Division of 

Toxicology and Human Health Sciences 

to schedule your visit. 

Availability 

The Glutaraldehyde Toxicological 

Profile is available online at http://

www.atsdr.cdc.gov/toxprofiles/

index.asp and www.regulations.gov, 

Docket No. ATSDR–2016–0001. 

Donna B. Knutson, 

Acting Director, Office of Policy, Planning 

and Evaluation, National Center for 

Environmental Health and Agency for Toxic 

Substances and Disease Registry. 

[FR Doc. 2016–01972 Filed 2–2–16; 8:45 am] 

BILLING CODE 4163–70–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

[Docket No. FDA–2015–D–4599] 

List of Highest Priority Devices for 

Human Factors Review; Draft 

Guidance for Industry and Food and 

Drug Administration Staff; Availability 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice. 

SUMMARY: The Food and Drug 

Administration (FDA or Agency) is 

announcing the availability of the draft 

guidance entitled ‘‘List of Highest 

Priority Devices for Human Factors 

Review.’’ FDA is issuing this draft 

guidance document in order to inform 

medical device manufacturers which 

device types should have human factors 

data included in premarket 

submissions. FDA believes these device 

types have clear potential for serious 

harm resulting from use error and that 

review of human factors data in 

premarket submissions will help FDA 

evaluate the safety and effectiveness and 

substantial equivalence of these devices. 

This draft guidance is not final nor is it 

in effect at this time. 

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 of this draft 

guidance before it begins work on the 

final version of the guidance, submit 

either electronic or written comments 

on the draft guidance by May 3, 2016. 

ADDRESSES: You may submit comments 

as follows: 

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