5322 Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Notices 

Board of Governors of the Federal Reserve 

System, January 28, 2010. 

Jennifer J. Johnson, 

Secretary of the Board. 

[FR Doc. 2010–2132 Filed 2–1–10; 8:45 am] 

BILLING CODE 6210–01–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 February 

16, 2010. 

A. Federal Reserve Bank of 

Minneapolis (Jacqueline G. King, 

Community Affairs Officer) 90 

Hennepin Avenue, Minneapolis, 

Minnesota 55480–0291: 

1. Charles H. Burke III, Pierre, South 

Dakota; as an individual, to acquire 

voting shares of South Dakota 

Bancshares Inc., and thereby indirectly 

acquire voting shares of BankWest Inc., 

both of Pierre, South Dakota. 

Board of Governors of the Federal Reserve 

System, January 28, 2010. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. 2010–2154 Filed 2–01–10; 8:45 am] 

BILLING CODE 6210–01–S 

FEDERAL RESERVE SYSTEM 

Formations of, Acquisitions by, and 

Mergers of Bank Holding Companies 

The companies listed in this notice 

have applied to the Board for approval, 

pursuant to the Bank Holding Company 

Act of 1956 (12 U.S.C. 1841 et seq.) 

(BHC Act), Regulation Y (12 CFR Part 

225), and all other applicable statutes 

and regulations to become a bank 

holding company and/or to acquire the 

assets or the ownership of, control of, or 

the power to vote shares of a bank or 

bank holding company and all of the 

banks and nonbanking companies 

owned by the bank holding company, 

including the companies listed below. 

The applications listed below, as well 

as other related filings required by the 

Board, are available for immediate 

inspection at the Federal Reserve Bank 

indicated. The applications also will be 

available for inspection at the offices of 

the Board of Governors. Interested 

persons may express their views in 

writing on the standards enumerated in 

the BHC Act (12 U.S.C. 1842(c)). If the 

proposal also involves the acquisition of 

a nonbanking company, the review also 

includes whether the acquisition of the 

nonbanking company complies with the 

standards in section 4 of the BHC Act 

(12 U.S.C. 1843). Unless otherwise 

noted, nonbanking activities will be 

conducted throughout the United States. 

Additional information on all bank 

holding companies may be obtained 

from the National Information Center 

website at www.ffiec.gov/nic/. 

Unless otherwise noted, comments 

regarding each of these applications 

must be received at the Reserve Bank 

indicated or the offices of the Board of 

Governors not later than February 26, 

2010. 

A. Federal Reserve Bank of New 

York (Ivan Hurwitz, Bank Applications 

Officer) 33 Liberty Street, New York, 

New York 10045–0001: 

1. Treetops Acquisition Group LP, 

Treetops Acquisition Group II LP, 

Treetops Acquisition Group Ltd., 

Treetops Acquisition Group II Ltd., CAM 

Discount Ltd. and the Edgar M. 

Bronfman Trusts A, B, C, D, E, F, G, all 

of New York, New York; to acquire 

additional voting shares, for a total of up 

to 28.5 percent of the outstanding voting 

shares of Israel Discount Bank, Ltd., Tel 

Aviv, Israel, and thereby indirectly 

acquire additional voting shares of 

Discount Bancorp Inc., and Israel 

Discount Bank of New York, both of 

New York, New York. 

Board of Governors of the Federal Reserve 

System, January 28, 2010. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. 2010–2153 Filed 2–1–10; 8:45 am] 

BILLING CODE 6210–01–S 

FEDERAL RESERVE SYSTEM 

Sunshine Act Meeting 

AGENCY HOLDING THE MEETING: Board of 

Governors of the Federal Reserve 

System. 

TIME AND DATE: 11:30 a.m., Monday, 

February 8, 2010. 

PLACE: Marriner S. Eccles Federal 

Reserve Board Building, 20th and C 

Streets, N.W., Washington, D.C. 20551. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: 

1. Personnel actions (appointments, 

promotions, assignments, 

reassignments, and salary actions) 

involving individual Federal Reserve 

System employees. 

2. Any items carried forward from a 

previously announced meeting. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Smith, Director, or Dave 

Skidmore, Assistant to the Board, Office 

of Board Members at 202–452–2955. 

SUPPLEMENTARY INFORMATION: You may 

call 202–452–3206 beginning at 

approximately 5 p.m. two business days 

before the meeting for a recorded 

announcement of bank and bank 

holding company applications 

scheduled for the meeting; or you may 

contact the Board’s Web site at http:// 

www.federalreserve.gov for an electronic 

announcement that not only lists 

applications, but also indicates 

procedural and other information about 

the meeting. 

Board of Governors of the Federal Reserve 

System, January 29, 2010. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. 2010–2226 Filed 1ndash;29–10; 11:15 pm] 

BILLING CODE 6210–01–S 

FEDERAL TRADE COMMISSION 

[File No. 082 3159] 

Indoor Tanning Association; 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 26, 2010. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to ‘‘Indoor 

Tanning Assoc., File No. 082 3159’’ to 

facilitate the organization of comments. 

Please note that your comment — 

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Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Notices 5323 

1The 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). 

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 

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), 16 CFR 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:// 

public.commentworks.com/ftc/ 

indoortanningassoc) and following the 

instructions on the web-based form. To 

ensure that the Commission considers 

an electronic comment, you must file it 

on the web-based form at the weblink: 

(https://public.commentworks.com/ftc/ 

indoortanningassoc.) 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 ‘‘Indoor Tanning 

Assoc., File No. 082 3159’’ 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 (Annex D), 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: 

Janet Evans (202-326-2125), Bureau of 

Consumer Protection, 600 Pennsylvania 

Avenue, NW, Washington, D.C. 20580. 

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 January 26, 2010), on 

the World Wide Web, at (http:// 

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

Indoor Tanning Association 

(‘‘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 or make final the agreement’s 

proposed order. 

This matter involves the advertising 

and promotion of indoor tanning 

products and facilities. According to the 

FTC complaint, respondent represented, 

in various advertisements, that tanning, 

including indoor tanning, does not 

increase the risk of skin cancer. The 

complaint alleges that this claim is false 

and unsubstantiated because tanning, 

including indoor tanning, increases the 

risk of skin cancer, including squamous 

cell and melanoma skin cancers. Also, 

according to the complaint, respondent 

represented that: tanning, including 

indoor tanning, poses no danger; indoor 

tanning is approved by the government; 

and indoor tanning is safer than tanning 

outdoors because, in indoor tanning 

facilities, the amount of ultraviolet light 

is monitored and controlled. The FTC 

complaint alleges that these claims are 

false and unsubstantiated. 

The FTC complaint further charges 

that respondent represented that 

research shows that vitamin D 

supplements may harm the body’s 

ability to fight disease; and that a recent 

study in the prestigious Proceedings of 

the National Academy of Sciences 

determined that the risks of not getting 

enough ultraviolet light far outweigh the 

hypothetical risk of skin cancer, that 

getting a healthy tan produces vitamin 

D, and that increased vitamin D has 

been linked to significantly decreasing 

your risk of contracting internal cancers, 

such as lung, kidney, or liver cancer. 

The complaint alleges that these claims 

are false and misleading. The FTC 

complaint also alleges that respondent 

represented that tanning causes the skin 

to generate vitamin D and has health 

benefits, but that respondent failed to 

disclose facts that would be material to 

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5324 Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Notices 

consumers in their purchase and use of 

indoor tanning services, specifically, 

that consumers can increase their 

vitamin D levels through ultraviolet 

levels lower than the amount needed to 

get a tan, and that ultraviolet radiation 

can injure the eyes and increases the 

risk of skin cancer. The complaint 

alleges that respondent’s failure to 

disclose these facts, in light of the 

representation made, is a deceptive 

practice. Finally, the complaint alleges 

that respondent provided to others the 

means and instrumentalities to engage 

in deceptive acts or practices. 

The proposed consent order contains 

provisions designed to prevent 

respondent from engaging in similar 

acts or practices in the future. The order 

covers representations made in 

connection with the manufacturing, 

labeling, advertising, promotion, 

offering for sale, sale, or distribution of 

any covered product or service, in or 

affecting commerce. It does not cover 

representations made in noncommercial settings or contexts, such as 

communications to legislative or 

executive bodies. The order defines a 

covered product or service as any 

ultraviolet lamp or sunlamp product, as 

defined in federal regulation 21 C.F.R. 

§ 1040.20, or any commercial facility 

where consumers may use ultraviolet 

lamps or sunlamp products. 

Part I of the order prohibits 

respondent from making the following 

representations: tanning, including 

indoor tanning, does not increase the 

risk of skin cancer; tanning, including 

indoor tanning, is safe or poses no 

danger; indoor tanning is approved by 

the government; and indoor tanning is 

safer than tanning outdoors because in 

indoor tanning facilities, the amount of 

ultraviolet light is monitored and 

controlled. The ban on representations 

that tanning, including indoor tanning, 

is safe, is fencing-in relief. Part II of the 

order prohibits respondent from 

misrepresenting (1) that research shows 

that vitamin D supplements may harm 

the body’s ability to fight disease and (2) 

that a study in the Proceedings of the 

National Academy of Sciences 

determined: (a) that sun exposure does 

not cause skin cancer or melanoma, or 

that the risk of such cancer is only 

hypothetical; (b) that getting a tan is 

healthy; (c) that the risks of not getting 

enough ultraviolet light far outweigh the 

risk of skin cancer; or (d) that vitamin 

D has been linked to significantly 

decreasing the risk of contracting lung, 

kidney, or liver cancer. 

Part III prohibits respondent from 

making any representation about the 

safety, health-related efficacy or 

performance, or health-related risks or 

benefits, of any covered product or 

service; or about the sources, 

performance, efficacy, or health-related 

risks or benefits of vitamin D; unless the 

representation is non-misleading, and, 

at the time it is made, respondent 

possesses and relies upon competent 

and reliable scientific evidence that is 

sufficient in quality and quantity based 

on standards generally accepted in the 

relevant scientific fields to substantiate 

that the representation is true. For the 

purposes of the order, competent and 

reliable scientific evidence is defined as 

tests, analyses, research, studies, or 

other evidence that have been 

conducted and evaluated in an objective 

manner by qualified persons, that are 

generally accepted in the profession to 

yield accurate and reliable results, and 

whose results are consistent with the 

body of reliable scientific evidence 

relevant to the representation. Part IV of 

the order prohibits respondent from 

misrepresenting the existence, contents, 

validity, results, conclusions, or 

interpretations of any test, study, 

survey, or research. 

Part V of the order is a disclosure 

provision. It prohibits respondent from 

making any representation about the 

safety or health benefits of any covered 

product or service unless it makes the 

following disclosure, clearly and 

conspicuously, and in close proximity 

to the representation: ‘‘NOTICE: 

Exposure to ultraviolet radiation may 

increase the likelihood of developing 

skin cancer and can cause serious eye 

injury.’’ In the event, however, that 

respondent represents that exposure to 

ultraviolet radiation produces vitamin D 

in the body, or otherwise about the 

effectiveness or usefulness of such 

product for generation of vitamin D, the 

required disclosure shall be as follows: 

‘‘NOTICE: You do not need to become 

tan for your skin to make vitamin D. 

Exposure to ultraviolet radiation may 

increase the likelihood of developing 

skin cancer and can cause serious eye 

injury.’’ 

Part VI of the order prohibits 

respondent from providing to any other 

person or entity any means or 

instrumentalities that contain any 

representation prohibited by the order. 

Part VII requires respondent to send a 

notice about the FTC’s law enforcement 

action to all of its members, and all 

other entities to which it provided 

point-of-sale advertising on or after 

January 1, 2008; the required notice is 

attached to the order as Attachment A. 

Parts VIII, IX, X, and XI of the consent 

order require respondent to keep copies 

of relevant advertisements and materials 

substantiating claims made in the 

advertisements; to provide copies of the 

order to its 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 XII 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. 2010–2129 Filed 2–1–10; 2:45 pm] 

BILLING CODE 6750–01–S 

OFFICE OF GOVERNMENT ETHICS 

Agency Information Collection 

Activities; Submission for OMB 

Review; Proposed Collection; 

Comment Request for an Unmodified 

OGE Form 201 Ethics Act Access Form 

AGENCY: Office of Government Ethics 

(OGE). 

ACTION: Notice of request for agency and 

public comments. 

SUMMARY: After publication of this 

second round notice, OGE plans to 

submit an unmodified OGE Form 201 

Ethics Act Access Form to the Office of 

Management and Budget (OMB) for 

review and approval of a three-year 

extension under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

chapter 35). 

DATES: Written comments by the public 

and the agencies on this proposed 

extension are invited and must be 

received by March 4, 2010. 

ADDRESSES: Comments may be 

submitted, identified by the title of the 

information collection activity, to the 

Office of Information and Regulatory 

Affairs, Attn: Ms. Sharon Mar, OMB 

Desk Officer for the Office of 

Government Ethics, by either of the 

following methods within 30 days from 

the date of publication in this Federal 

Register: 

Fax: 202–395–6974, Attn: Ms. Sharon 

Mar, OMB Desk Officer for the Office of 

Government Ethics; 

E-mail: smar@omb.eop.gov. 

FOR FURTHER INFORMATION CONTACT: Paul 

Ledvina at the Office of Government 

Ethics; telephone: 202–482–9247; TTY: 

800–877–8339; FAX: 202–482–9237; Email: paul.ledvina@oge.gov. An 

electronic copy of the OGE Form 201 is 

available in the Forms Library section of 

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