36068 Federal Register / Vol. 61, No. 132 / Tuesday, July 9, 1996 / Notices

Order will terminate according to this

paragraph as though the complaint was

never filed, except that the Order will

not terminate between the date such

complaint is filed and the later of the

deadline for appealing such dismissal or

ruling and the date such dismissal or

ruling is upheld on appeal.

XI

It is further ordered that respondent

David F. McCready shall, within sixty

(60) days after the date of service of this

Order, file with the Commission a

report, in writing, setting forth in detail

the manner and form in which he has

complied with this Order.

Analysis of Proposed Consent Order to

Aid Public Comment

The Federal Trade Commission has

accepted, subject to final approval, an

agreement containing a proposed

consent order from David F. McCready

(McCready).

On August 30, 1995, the Commission

issued an administrative complaint in

this matter (described below). The

administrative complaint was

withdrawn from adjudication, with

respect to McCready, on April 11, 1996,

for the purpose of considering the

proposed consent agreement.

The proposed consent order has been

placed on the public record for sixty

(60) days for receipt of comments by

interested persons. Comments received

during this period will become part of

the public record. After sixty (60) days,

the Commission will again review the

agreement and take other appropriate

action, or make final the proposed order

contained in the agreement.

This matter concerns advertisements

and other promotional practices by Rust

Evader Corporation (REC) in connection

with the promotion and sale of the Rust

Evader, a device purported to reduce

corrosion in motor vehicle bodies. The

complaint alleges that McCready

directed, formulated and controlled the

acts and practices of REC during the

period when the violations occurred.

The complaint alleges that REC and

McCready engaged in deceptive

advertising in violation of Section 5 of

the Federal Trade Commission Act by

falsely claiming that the Rust Evader is

effective to substantially reduce

corrosion in motor vehicle bodies. The

complaint also alleges that the

advertising implied, falsely, that REC

and McCready had scientific

substantiation for this claim.

The complaint also alleges that REC

and McCready used a product

demonstration of the Rust Evader that

was deceptive because it used

conditions that an automobile would

not encounter in practice and that

improved the operation of the device.

The complaint also alleges that the

respondents used test results to promote

the Rust Evader with the representation

that such test results constituted

scientific proof of the efficacy of the

device. In fact, according to the

complaint, the test results did not

constitute such proof.

The complaint also alleged that REC

and McCready violated Section 102(c) of

the Magnuson-Moss Warranty Act by

using a warranty that was conditioned

on the consumer having the Rust Evader

inspected every two years and that

required the consumer to pay for the

inspection.

Finally, the complaint alleged that

REC and McCready provided the means

and instrumentalities for others to

violate Section 5 of the Federal Trade

Commission Act.

The proposed consent order contains

provisions designed to prevent

misrepresentations related to these

specific matters and others. Part I of the

order prohibits McCready from

representing that the Rust Evader is

effective in preventing or substantially

reducing corrosion in motor vehicle

bodies.

Part II prohibits McCready from

making any representation concerning

the performance, efficacy or attributes of

a product intended for use with motor

vehicles unless there is competent and

reliable evidence to substantiate the

representation.

Part III prohibits McCready from

misrepresenting the existence, contents,

validity, results, conclusions,

interpretations or purpose of any test,

study, or survey in connection with the

sale or advertising of any product for

use in motor vehicles.

Part IV prohibits McCready from

misrepresenting, in connection with the

sale of any product for use in motor

vehicles, that any demonstration,

picture, experiment or test proves,

demonstrates or confirms any material

quality, feature or merit of such product.

Part V prohibits McCready from using

the names Rust Evader and Rust Buster

in connection with future sale of the

Rust Evader or any substantially similar

product.

Part VI prohibits future violations of

Section 102(c) of the Magnuson-Moss

Warranty Act.

Part VII requires McCready to pay the

sum of $200,000 to provide a fund for

redress of consumers who purchased

the Rust Evader. McCready will pay

$40,000 within five days of final

issuance of the order by the

Commission, and will pay the

remaining $160,000 no later than six

months after final issuance of the order.

His obligation to pay the latter sum will

be secured by a mortgage on real estate

he now owns.

Parts VIII, IX, and XI are compliance

and reporting provisions that require

McCready to: retain all records that

would bear on his compliance with the

order, notify the Commission of any

changes in his business affiliation, and

report to the Commission his

compliance with the terms of the order.

Part X provides that the order will

terminate automatically twenty years

from the date it becomes final unless the

Commission has brought an action in

federal court alleging a violation of the

order. In that case, the order will

terminate twenty years from the date

that the federal court action is filed.

The purpose of this 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.

Donald S. Clark,

Secretary.

[FR Doc. 96–17465 Filed 7–8–96; 8:45 am]

BILLING CODE 6750–01–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Agency for Health Care Policy and

Research

Agency Information Collection

Activities: Submission for OMB

Review; Comment Request

AGENCY: Agency for Health Care Policy

and Research, HHS.

ACTION: Notice.

SUMMARY: This notice announces the

Agency for Health Care Policy and

Research’s (AHCPR) intention to request

the Office of Management and Budget

(OMB) review of a proposed data

collection project. In accordance with

the Paperwork Reduction Act of 1995,

Public Law 104–13 (44 U.S.C.

3507(a)(1)(D)), the AHCPR invites the

public to comment on this proposed

information collection.

DATES: Comments on this notice must be

received by August 8, 1996.

ADDRESSES: Written comments should

be submitted to: Allison Eydt, Human

Resources and Housing Branch, Office

of Information and Regulatory Affairs,

OMB, New Executive Office Building,

Room 10235; Washington, D.C.

All comments will become a matter of

public record.
Federal Register / Vol. 61, No. 132 / Tuesday, July 9, 1996 / Notices 36069

FOR FURTHER INFORMATION CONTACT:

Carole Dillard, AHCPR Reports

Clearance Officer, (301) 594–1357.

SUPPLEMENTARY INFORMATION:

Proposed Project

Evaluation of the kiosk-based

ChoiceCard. The purpose of the

ChoiceCard project is to develop a

kiosk-based automated application to

assist Medicaid recipients in selecting

and enrolling in a health plan. The

proposed data collection will provide an

assessment of the usability of the kioskbased automated application in

Medicaid eligibility offices and provide

an assessment of the application by

Medicaid recipients. The application

will be assessed in terms of its

effectiveness in helping the recipient

identify/select a personal doctor (PCP/

OB/Gyn), learn with which plan(s) a

particular doctor is affiliated,

understand benefits coverage,

understand managed care concept and

requirements, identify/select a plan that

meets their needs, and enroll in a plan.

Burden estimates follow:

Consumer

No. of respondents ................. 200.

No. of surveys per respondent 1.

Average burden/response ...... .25 hours.

Estimated total burden/response.50 hours.

Copies of these data collection plans

and instruments can be obtained from

the AHCPR Reports Clearance Officer

(see above for details).

Dated: June 28, 1996.

Clifton R. Gaus,

Administrator.

[FR Doc. 96–17316 Filed 7–8–96; 8:45 am]

BILLING CODE 4160–90–M

Centers for Disease Control and

Prevention

The National Institute for Occupational

Safety and Health (NIOSH) Scientific

and Technical Meetings on

Occupational Exposure to Asphalt

During Roofing and Paving

Operations: Correction

Federal Register Citations of Previous

Announcements: 61 FR 28590–28591—

dated June 5, 1996, and 61 FR 30242—

dated June 14, 1996.

SUMMARY: Notice is given that the

purpose of these meetings on July 8–10,

1996, and July 22–24, 1996, has been

restructured to address only those issues

relevant to the control of asphalt

exposures (e.g., engineering controls,

work practices). The draft NIOSH

‘‘Working Paper on Occupational

Exposure to Asphalt’’ will not be

discussed at these meetings. The

meeting times, dates, place, and status

remain unchanged.

CONTACT PERSON FOR MORE INFORMATION:

Diane Manning, NIOSH Docket Office,

4676 Columbia Parkway, M/S C–34,

Cincinnati, Ohio 45226.

Dated: July 2, 1996.

Carolyn J. Russell,

Director, Management Analysis and Services

Office, Centers for Disease Control and

Prevention (CDC).

[FR Doc. 96–17389 Filed 7–8–96; 8:45 am]

BILLING CODE 4160–19–M

Health Resources and Services

Administration

Maternal and Child Health Bureau;

Special Project Grants; Maternal and

Child Health (MCH) Services;

Community Integrated Service

Systems (CISS) Set-Aside Program;

Community-Based Intervention

Research Grants

AGENCY: Health Resources and Services

Administration (HRSA).

ACTION: Notice of availability of funds.

SUMMARY: The HRSA announces that

applications will be accepted for fiscal

year (FY) 1996 funds for Maternal and

Child Health (MCH) Community

Integrated Service Systems (CISS) grants

to support community-based

intervention research. The purpose of

these projects is to support research on

CISS-sponsored early intervention

services programs in the context of

developing and expanding local service

delivery systems. Awards are made

under the program authority of Section

502(b)(1)(A) of the Social Security Act,

the CISS Federal Set-Aside Program.

Within the HRSA, CISS projects are

administered by the Maternal and Child

Health Bureau (MCHB).

About $900,000 will be available to

support up to 3 new projects at an

average of about $300,000 per award per

year. The actual amounts available for

awards and their allocation may vary,

depending on the volume and quality of

applications. Awards are made for grant

periods of not more than 4 years in

duration. Funds are appropriated by

Public Law 104–134.

The Public Health Service (PHS) is

committed to achieving the health

promotion and disease prevention

objectives of Healthy People 2000, a

PHS-led national activity for setting

priority areas. The CISS Federal SetAside Program addresses issues related

to the Healthy People 2000 objectives of

improving maternal, infant, child and

adolescent health and developing

service systems for children with

special health care needs. Potential

applicants may obtain a copy of Healthy

People 2000 (Full Report: Stock No.

017–001–00474–0) or Healthy People

2000 (Summary Report: Stock No. 017–

001–00473–1) through the

Superintendent of Documents,

Government Printing Office,

Washington, DC 20402–9325

(telephone: 202 783–3238).

The PHS strongly encourages all grant

recipients to provide a smoke-free

workplace and promote the non-use of

all tobacco products. In addition, Public

Law 103–227, the Pro-Children Act of

1994, prohibits smoking in certain

facilities (or in some cases, any portion

of a facility) in which regular or routine

education, library, day care, health care

or early childhood development

services are provided to children.

ADDRESSES: Grant applications for MCH

research and training grants must be

obtained from and submitted to: Chief,

Grants Management Branch, Office of

Operations and Management, Maternal

and Child Health Bureau, Health

Resources and Services Administration,

Room 18–12, Parklawn Building, 5600

Fishers Lane, Rockville, Maryland

20857, (301) 443–1440. Applicants for

these projects will use application Form

PHS 398 (Rev. 5/95), approved by the

Office of Management and Budget

(OMB) 0925–0001. An MCHB

supplement, with instructions

specifically applicable to CommunityBased Intervention Research Grants, is

included in the application package,

which can be obtained from the address

given above. You must obtain

application materials in the mail.

Federal Register notices and

application guidance for MCHB

programs are available on the World

Wide Web via the Internet at address:

http://www.os.dhhs.gov/hrsa/mchb.

Click on the file name you want to

download to your computer. It will be

saved as a self-extracting (Macintosh or)

Wordperfect 5.1 file. To decompress the

file once it is downloaded, type in the

file name followed by a <return>. The

file will expand to a Wordperfect 5.1

file. If you have difficulty accessing the

MCHB Home Page via the Internet and

need technical assistance, please contact

Linda L. Schneider at 301–443–0767 or

‘‘lschneider@hrsa.ssw.dhhs.gov’’.

DATES: Potential applicants are invited

to request application packages and to

submit their applications for funding

consideration. The application deadline

is August 26, 1996.