31442 Federal Register / Vol. 74, No. 125 / Wednesday, July 1, 2009 / Notices 

1 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). 

Cache Holdings, Inc., Tulsa, 

Oklahoma, to become a bank holding 

company through the acquisition of 100 

percent of the voting shares of 

Healthcare Bancorp, Inc., parent of First 

BankCentre, both in Broken Arrow, 

Oklahoma. 

Board of Governors of the Federal Reserve 

System, June 26, 2009. 

Jennifer J. Johnson, 

Secretary of the Board. 

[FR Doc. E9–15510 Filed 6–30–09; 8:45 am] 

BILLING CODE 6210–01–S 

FEDERAL MARITIME COMMISSION 

Notice of Agreements Filed 

The Commission hereby gives notice 

of the filing of the following agreements 

under the Shipping Act of 1984. 

Interested parties may submit comments 

on the agreements to the Secretary, 

Federal Maritime Commission, 

Washington, DC 20573, within ten days 

of the date this notice appears in the 

Federal Register. Copies of the 

agreements are available through the 

Commission’s Web site (http:// 

www.fmc.gov) or by contacting the 

Office of Agreements at (202)-523–5793 

or tradeanalysis@fmc.gov. 

Agreement No.: 011275–028. 

Title: Australia and New Zealand/ 

United States Discussion Agreement. 

Parties: ANL Singapore PTE LTD.; 

Hamburg-Su ̈damerikanische 

Dampfschifffahrts-Gesellschaft KG; and 

Hapag-Lloyd AG. 

Filing Party: Wayne R. Rohde, Esq., 

Sher & Blackwell LLP, 1850 M Street, 

NW., Suite 900, Washington, DC 20036. 

Synopsis: The amendment reduces 

the minimum service levels to be 

provided under the agreement. 

Agreement No.: 011426–043. 

Title: West Coast of South America 

Discussion Agreement. 

Parties: APL Co. Pte Ltd.; Compania 

Chilena de Navigacion Interoceanica, 

S.A.; Compania Sud Americana de 

Vapores, S.A.; Frontier Liner Services, 

Inc.; Hamburg-Su ̈d; King Ocean Services 

Limited, Inc.; Maruba S.C.A.; Seaboard 

Marine Ltd.; South Pacific Shipping 

Company, Ltd.; and Trinity Shipping 

Line. 

Filing Party: Wayne R. Rohde, Esq., 

Sher & Blackwell LLP, 1850 M Street, 

NW., Suite 900, Washington, DC 20036. 

Synopsis: The amendment would add 

Mediterranean Shipping Company, SA 

as a party to the agreement. 

Agreement No.: 011960–004. 

Title: The New World Alliance 

Agreement. 

Parties: American President Lines, 

Ltd.; APL Co. Pte, Ltd.; Hyundai 

Merchant Marine Co., Ltd.; and Mitsui 

O.S.K. Lines, Ltd. (‘‘MOL’’). 

Filing Party: Eric C. Jeffrey, Esq., 

Counsel for APL, Goodwin Procter LLP, 

901 New York Avenue, NW., 

Washington, DC 20001. 

Synopsis: The amendment would 

authorize APL to charter space to Hanjin 

in the trade between the Far East and 

the U.S. East Coast via Suez Canal. 

Agreement No.: 012071. 

Title: APL/Hanjin Reciprocal Space 

Charter Agreement. 

Parties: American President Lines, 

Ltd.; APL Co. Pte, Ltd.; and Hanjin 

Shipping Co., Ltd. 

Filing Party: Eric C. Jeffrey, Esq., 

Counsel for APL, Goodwin Procter LLP, 

901 New York Avenue, NW., 

Washington, DC 20001. 

Synopsis: The agreement would 

authorize APL to charter space to Hanjin 

in the trade between the Far East and 

the United States East Coast via Suez 

Canal, and authorizes Hanjin to charter 

space to APL in the trade between the 

Indian Subcontinent, Middle East and 

Far East and United States East Coast 

via the Panama Canal. 

By Order of the Federal Maritime 

Commission. 

Dated: June 26, 2009. 

Karen V. Gregory, 

Secretary. 

[FR Doc. E9–15593 Filed 6–30–09; 8:45 am] 

BILLING CODE 6730–01–P 

FEDERAL TRADE COMMISSION 

[File No. 092 3035] 

Constellation Brands, 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 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 July 10, 2009. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to‘‘Constellation 

Brands, File No. 092 3035’’ 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 

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:// 

secure.commentworks.com/ftcConstellationBrands) (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://secure.commentworks.com/ftcConstellationBrands). 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 ‘‘Constellation 

Brands, File No. 092 3035‘‘ reference 

both in the text and on the envelope, 

Federal Register / Vol. 74, No. 125 / Wednesday, July 1, 2009 / Notices 31443 

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, Bureau of Consumer 

Protection, 600 Pennsylvania Avenue, 

NW, Washington, DC 20580, (202) 326- 

3112. 

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 June 10, 2009), 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, DC 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 

Constellation Brands, Inc. (‘‘the 

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 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 alleged 

unsubstantiated claims made in 

advertising for the beverage alcohol 

product Wide Eye schnapps, introduced 

by the company in 2007. Wide Eye 

contains 30% alcohol by volume plus 

caffeine. The company promoted Wide 

Eye through Internet advertising, 

including web video and print ads. 

Among other things, the company made 

the following claims about Wide Eye: 

‘‘Wake up @ WideEye.com,’’ ‘‘I am your 

wake up call,’’ ‘‘Wakes up sweet, then 

goes off like an alarm,’’ and ‘‘When you 

party with the world’s first caffeinated 

schnapps it’ll seem like the rest of the 

world is sleepwalking through life.’’ 

According to the FTC complaint, the 

company represented, expressly or by 

implication, that consumers who drink 

Wide Eye will remain alert when 

consuming alcohol. The complaint 

alleges that the company did not 

possess and rely upon a reasonable basis 

that substantiated the representation at 

the time it was made. Therefore, the 

representation was, and is, false and 

misleading. 

The proposed consent order contains 

provisions designed to prevent the 

company from engaging in similar acts 

and practices in the future. Part I of the 

proposed consent order prohibits the 

company, in connection with the 

advertising, sale, or distribution of Wide 

Eye or any other beverage alcohol 

product containing caffeine, ginseng, 

taurine, guarana, or any stimulant, from 

representing, expressly or by 

implication, including through the use 

of a product name or endorsement, that 

consumers who drink such a product 

will remain alert when consuming 

alcohol unless that representation is 

true, non-misleading, and, at the time it 

is made, the company possesses and 

relies upon competent and reliable 

scientific evidence that substantiates the 

representation. Part II of the consent 

order further prevents the company 

from representing, expressly or by 

implication, including through the use 

of a product name or endorsement, that 

any beverage alcohol product or any 

ingredient therein will counteract the 

effects of alcohol consumption, unless 

that representation is true, nonmisleading, and, at the time it is made, 

the company possesses and relies upon 

competent and reliable scientific 

evidence that substantiates the 

representation. 

Parts III through VI of the consent 

order require the company to keep 

copies of relevant advertisements and 

promotional materials, to provide copies 

of the order to certain of its personnel, 

to notify the Commission of changes in 

corporate structure, and to file 

compliance reports with the 

Commission. Part VII 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. E9–15462 Filed 6–30–09: 8:45 am] 

BILLING CODE 6750–01–S 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the National Coordinator for 

Health Information Technology; HIT 

Standards Committee Advisory 

Meeting; Notice of Meeting 

AGENCY: Office of the National 

Coordinator for Health Information 

Technology, HHS. 

ACTION: Notice of meeting. 

This notice announces a forthcoming 

meeting of a public advisory committee 

of the Office of the National Coordinator 

for Health Information Technology 

(ONC). The meeting will be open to the 

public. 

Name of Committee: HIT Standards 

Committee. 

General Function of the Committee: to 

provide recommendations to the National 

Coordinator on standards, implementation