33442 Federal Register / Vol. 74, No. 132 / Monday, July 13, 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). 

Respondent states that Complainant has 

agreed not to contest this Complaint in 

order to allow Complainant to secure 

the release of FMC Bond No. 18084F, in 

partial payment of the total damages 

incurred by Complainant. Complainant 

requests that the Commission issue an 

order for reparations in favor of 

Complainant and against Respondent, in 

the amount of $342,070.80, and that the 

Commission grant such other, proper, 

and further relief, in accordance with its 

delegated powers, as it may deem just, 

proper, and equitable in the 

circumstances. 

This proceeding has been assigned to 

the Office of the Administrative Law 

Judges. Pursuant to the Commission’s 

Rules of Practice and Procedure, 46 CFR 

502.181 (Subpart K—Shortened 

Procedure) Complainant has requested 

that its complaint be handled on an 

expedited basis. Under this procedure, 

with the consent of the parties and with 

the approval of the presiding officer, 

this proceeding may be conducted 

under shortened procedure without oral 

hearing, except that a hearing may be 

ordered by the presiding officer at the 

request of either party to the proceeding 

or at the presiding officer’s discretion. 

Within 25 days of the date of service of 

the complaint, Respondent shall, if they 

consent to the shortened procedure, file 

with the Commission and serve on the 

Complainant, its answering 

memorandum of facts and arguments 

relied upon. Within 15 days after the 

date of service of Respondent’s 

answering memorandum, Complainant 

may file with the Commission and serve 

on the Respondent, their reply. This 

will close the record for decision unless 

the presiding officer orders the 

submission of additional evidentiary 

material. If Respondent does not 

consent to this shortened procedure, the 

matter will be governed by 46 CFR 

502.61 (Subpart E—Proceedings, 

Pleadings, Motions, Replies). Pursuant 

to the further terms of 46 CFR 502.61, 

the initial decision of the presiding 

officer in this proceeding shall be issued 

by July 7, 2010, and the final decision 

of the Commission shall be issued by 

November 4, 2010. 

Karen V. Gregory, 

Secretary. 

[FR Doc. E9–16428 Filed 7–10–09; 8:45 am] 

BILLING CODE P 

FEDERAL TRADE COMMISSION 

Agency Information Collection 

Activities; Proposed Collection; 

Comment Request 

AGENCY: Federal Trade Commission 

(FTC or Commission). 

ACTION: Notice. 

SUMMARY: The FTC seeks public 

comments on proposed information 

requests to depository institutions 

lacking federal deposit insurance. The 

FTC plans to use this information to 

help ensure that such institutions are 

complying with the disclosure 

requirements of the Federal Deposit 

Insurance Corporation Improvement Act 

(FDICIA). The FTC will consider 

comments before it submits a request for 

Office of Management and Budget 

(OMB) review under the Paperwork 

Reduction Act (PRA). 

DATES: Comments must be received on 

or before September 14, 2009. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to ‘‘FDICIA 

Compliance Monitoring: Paperwork 

Comment; FTC File No. P094205’’ 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 Federal Trade 

Commission Act (FTC Act), 15 U.S.C. 

46(f), and FTC 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/ftcfdiciacompliance) (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/ftcfdiciacompliance). 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 ‘‘FDICIA 

Compliance Monitoring: Paperwork 

Comment; FTC File No. P094205’’ 

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 J), 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 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 

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Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Notices 33443 

2 See Pub. L. No. 102-242, 105 Stat. 2236. 

3 Making Appropriations for Agriculture, Rural 

Development, Food and Drug Administration, and 

Related Agencies, for the Fiscal Year Ending 

September 30, 2004, and for Other Purposes, H.R. 

Conf. Rep. No. 108-401, 108th Cong., 1st Sess., at 

88 (2003). 

4 See 70 FR 12823 (Mar. 16, 2005). 

5 See 74 FR 18043 (Mar. 13, 2009). 

6 See 12 CFR Parts 328 and 740. 7 According to the U.S. Government 

Accountability Office, in 2003, eight states had 

credit unions that purchase private deposit 

insurance instead of federal insurance. Since that 

time, at least one additional state has allowed credit 

unions to use private deposit insurance. Other 

states either require federal insurance or allow 

private insurance but do not have any privately 

insured credit unions. ‘‘Federal Deposit Insurance 

Act: FTC Best Among Candidates to Enforce 

Consumer Protection Provisions,’’ GAO-03-971 

(Aug. 2003), at 7. Puerto Rican credit unions 

operate under a Puerto Rican government-backed 

deposit insurance system. 

8 The FTC does not plan to send requests to 

institutions covered by the Puerto Rican 

government deposit insurance system. 

9 Section 6(f) of the FTC Act, 15 U.S.C. 46(f), bars 

the Commission from publicly disclosing trade 

secrets or confidential commercial or financial 

information it receives from persons pursuant to, 

among other methods, special orders authorized by 

Section 6(b) of the FTC Act. Such information also 

would be exempt from disclosure under the 

Freedom of Information Act. 5 U.S.C. 552(b)(4). 

Moreover, under Section 21(c) of the FTC Act, 15 

U.S.C. 57b-2(c), a submitter who designates a 

submission as confidential is entitled to 10 days’ 

advance notice of any anticipated public disclosure 

by the Commission, assuming that the Commission 

has determined that the information does not, in 

fact, constitute 6(f) material. Although materials 

covered under one or more of these various sections 

are protected by stringent confidentiality 

constraints, the FTC Act and the Commission’s 

rules authorize disclosure in limited circumstances 

(e.g., official requests by Congress, requests from 

other agencies for law enforcement purposes, and 

administrative or judicial proceedings). Even in 

those limited contexts, however, the Commission’s 

rules may afford protections to the submitter, such 

as advance notice to seek a protective order in 

litigation. See 15 U.S.C. 57b-2; 16 CFR 4.9-4.11. 

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: 

Hampton Newsome, Attorney, 202-326- 

2889, Division of Enforcement, Bureau 

of Consumer Protection, Federal Trade 

Commission. 

SUPPLEMENTARY INFORMATION: In 1991, 

Congress enacted section 43 of FDICIA 

(12 U.S.C. 1831t) in response to 

incidents affecting the safety of deposits 

in certain financial institutions.2 The 

law imposes several requirements on 

non-federally insured institutions. 

Among other things, the law (12 U.S.C. 

1831t(b)) mandates that depository 

institutions lacking federal deposit 

insurance disclose to consumers, in 

periodic statements and advertising, 

that the institution does not have federal 

deposit insurance and that, if the 

institution fails, the federal government 

does not guarantee that depositors will 

get their money back. Pursuant to 12 

U.S.C. 1831t(f), the Commission has 

authority to enforce the disclosure 

requirements under the FTC Act (15 

U.S.C. 41 et seq.). 

Until 2003, the Commission’s 

appropriations authority prohibited the 

use of FTC resources to enforce those 

requirements.3 In 2005, the Commission 

sought public comment on proposed 

rules implementing the statutory 

disclosure requirements.4 In 2006, 

before the Commission issued a final 

rule, Congress passed substantial 

amendments to the existing 

requirements as part of the Financial 

Services Regulatory Relief Act of 2006 

(FSRRA) (Pub. L. 109-351). The 

Commission, therefore, is currently 

seeking comment on proposed 

regulations that are consistent with the 

FSRRA amendments.5 Nevertheless, 

institutions lacking federal deposit 

insurance must comply with these 

statutory disclosure provisions 

regardless of the status of the FTC’s 

regulations in this area. 

Under existing law, all federally 

chartered and most state chartered 

depository institutions have federal 

deposit insurance. Federal deposit 

insurance provides a government 

guarantee of up to $250,000 per 

depositor in most cases. Pursuant to 

Federal Deposit Insurance Corporation 

and National Credit Union 

Administration requirements, federally 

insured banks and credit unions must 

display signs that depositors are 

federally insured.6 Although most 

depository institutions have federal 

deposit insurance, there are some 

exceptions. For instance, there are more 

than a hundred and fifty state-chartered 

credit unions in nine states that do not 

have federal deposit insurance.7 The 

credit unions in these states generally 

obtain private deposit insurance in lieu 

of federal insurance to protect members’ 

accounts. 

Proposed Information Collection 

Activities 

The FTC has the authority to compel 

production of data and information from 

depository institutions lacking federal 

deposit insurance under Section 6(b) of 

the FTC Act, 15 U.S.C. 46(b). The 

Commission intends to send 

information requests to depository 

institutions that lack federal deposit 

insurance. The responses will help the 

Commission determine whether covered 

entities are complying with the 

disclosures required by 12 U.S.C. 

1831t(b). Because the number of entities 

affected by the Commission’s requests 

will exceed nine, the Commission plans 

to seek OMB clearance under the PRA, 

44 U.S.C. Ch. 35. 

Under the PRA, federal agencies must 

obtain approval from OMB for each 

collection of information they conduct 

or sponsor. ‘‘Collection of information’’ 

means agency requests or requirements 

that members of the public submit 

reports, keep records, or provide 

information to a third party. 44 U.S.C. 

3502(3), 5 CFR 1320.3(c). As required by 

section 3506(c)(2)(A) of the PRA, the 

FTC is providing this opportunity for 

public comment before requesting that 

OMB grant the clearance for the 

proposed information collection. 

The FTC invites comments on: (1) 

whether the proposed collections of 

information are necessary for the proper 

performance of the functions of the FTC, 

including whether the information will 

have practical utility; (2) the accuracy of 

the agency’s estimate of the burden of 

the proposed collection of information, 

including the validity of the 

methodology and assumptions used; (3) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (4) ways to minimize the 

burden of the collection of information 

on those who are to respond, including 

through the use of appropriate 

automated, electronic, mechanical, or 

other technological collection 

techniques or other forms of information 

technology (e.g., permitting electronic 

submission of responses). All comments 

should be filed as prescribed in the 

ADDRESSES section above, and must be 

received on or before September 14, 

2009. 

A. Description of the Collection of 

Information and Proposed Use 

The FTC proposes to send 

information requests to up to two 

hundred (200) depository institutions 

lacking federal deposit insurance in the 

United States (‘‘industry members’’). 

State-chartered credit unions lacking 

federal deposit insurance will likely be 

the recipients.8

The information requests9 will seek, 

among other things: 

∑ A brief explanation of the steps the 

institution takes to comply with the 

requirements of 12 U.S.C. 1831t(b). 

∑ Samples of each non-identical 

periodic statement of account, signature 

card, passbook, certificate of deposit, 

and share certificate that must contain 

the notice required by 12 U.S.C. 

1831t(b)(1). None of the samples should 

include any individual consumer 

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33444 Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Notices 

10 As used in these requests, the term 

‘‘advertising’’ means any communication that the 

institution uses to solicit business including, but 

not limited to, printed materials, the institution’s 

main internet page, radio advertisements, video 

advertisements disseminated via television, the 

Internet or any other means of online 

communication, and solicitations conducted via 

telephone. 

11 The requested documents should exclude any 

information for which prior customer authorization 

is required under the Right to Financial Privacy 

Act, 12 U.S.C. 3401, et seq. 

12 Although the Commission is currently in the 

process of developing regulations for these 

requirements, see 74 FR 18043 (Mar. 13, 2009), 

institutions lacking federal deposit insurance must 

comply with these statutory provisions regardless of 

the status of FTC’s regulations in this area. 

13 Hourly wages are averages based on mean 

hourly wages shown in http://www.bls.gov/oes/ 

2008/may/naics4_551100.htm#b11-0000 (May 2008 

‘‘National Industry-Specific Occupational 

Employment and Wage Estimates’’) for sales and 

marketing managers and legal occupations (lawyers, 

paralegals, and other legal support), respectively. 

names, signatures, addresses, account 

numbers, or any other personally 

identifying information. 

∑ Information (e.g. photographs) that 

demonstrates that the institution posts 

the disclosure required by 12 U.S.C. 

1831t(b)(2) at each station or window 

where it normally receives deposits, the 

institution’s principal place of business, 

and all the institution’s branches where 

it accepts deposits or opens accounts 

(excluding automated teller machines 

and point of sale terminals). 

∑ Copies of all non-identical 

advertising10 issued or continued in use 

within the previous three months. 

∑ Samples of the cards, forms, or other 

written materials the institution uses to 

comply with the signed 

acknowledgment requirements for new 

depositors pursuant to 12 U.S.C. 

1831t(b)(3). The samples should not 

include any individual consumer 

names, signatures, addresses, account 

numbers, or any other personally 

identifying information.11

The Commission will use the 

collected information in its efforts to 

ensure that the institutions are 

complying with the disclosures required 

by the 12 U.S.C. 1831t(b).12

B. Estimated Hours Burden 

Based upon its knowledge of the 

industry, the staff estimates, on average, 

that the time required to gather, 

organize, format, and produce such 

responses will average 8 hours per 

information request. Thus, allowing up 

to 200 recipients of the information 

requests, total burden would be 

approximately 1,600 hours. 

C. Estimated Cost Burden 

It is difficult to calculate with 

precision the labor costs associated with 

this data production, as they entail 

varying compensation levels of 

management and/or support staff among 

companies of different sizes. 

Managerial, legal, and clerical personnel 

may be involved in the information 

collection process. The FTC staff has 

assumed, conservatively, that 

managerial personnel and legal counsel 

will handle all of the tasks involved in 

gathering and producing responsive 

information, and has applied an average 

hourly wage of managerial time of 

$58.12/hour (4 hours per entity) and an 

average hourly wage of legal staff time 

of $40.87/hour (4 hours per entity).13

Thus, cumulatively, estimated labor 

costs for the information requests will 

be $79,192 (($58.12 x 800 hours + 

$40.87 x 800 hours)). The actual cost 

may be lower to the extent clerical 

personnel handle some of the tasks. 

FTC staff estimates that the capital or 

other non-labor costs associated with 

the information requests are minimal. 

We expect that industry members 

maintain most, if not all, of the 

requested material in the normal course 

of business because they must disclose 

the information to customers under 

existing law. 

By direction of the Commission. 

Donald S. Clark 

Secretary 

[FR Doc. E9–16518 Filed 7–10–09: 8:45 am] 

BILLING CODE: 6750 –01–S 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

National Toxicology Program (NTP); 

NTP Interagency Center for the 

Evaluation of Alternative Toxicological 

Methods (NICEATM); Independent 

Scientific Peer Review Panel Report: 

Evaluation of the Validation Status of 

Alternative Ocular Safety Testing 

Methods and Approaches: Notice of 

Availability and Request for Public 

Comments 

AGENCY: National Institute of 

Environmental Health Sciences 

(NIEHS), National Institutes of Health 

(NIH). 

ACTION: Request for comments. 

SUMMARY: NICEATM, in collaboration 

with the Interagency Coordinating 

Committee on the Validation of 

Alternative Methods (ICCVAM), 

convened an independent international 

scientific peer review panel (hereafter, 

Panel) on May 19–21, 2009, to evaluate 

test methods and approaches with the 

potential to reduce and refine the use of 

animals for ocular safety testing. These 

evaluations included the following: 

• A proposal for the routine use of 

topical anesthetics, systemic analgesics, 

and humane endpoints to avoid and 

minimize pain and distress during in 

vivo ocular irritation testing. 

• The in vivo low volume eye test 

(LVET). 

• The use of the bovine corneal 

opacity and permeability (BCOP), the 

Cytosensor Microphysiometer® (CM), 

the isolated chicken eye (ICE), the 

isolated rabbit eye (IRE), and the hen’s 

egg test—chorioallantoic membrane 

(HET–CAM) test methods for identifying 

moderate and mild ocular irritants and 

substances not labeled as ocular 

irritants. 

• Nonanimal testing strategies that 

use the BCOP, CM, and/or EpiOcularTM

(EO) test methods to assess the eye 

irritation potential of antimicrobial 

cleaning products to determine their 

appropriate U.S. Environmental 

Protection Agency ocular hazard 

classification. 

The Panel report from this meeting is 

now available. The report contains (1) 

The Panel’s evaluation of the validation 

status of the test methods and testing 

strategies and (2) the Panel’s comments 

on the draft ICCVAM test method 

recommendations. NICEATM invites 

public comment on the Panel report. 

The report is available on the 

NICEATM–ICCVAM Web site at http:// 

iccvam.niehs.nih.gov/docs/ 

ocutox_docs/OcularPRPRept2009.pdf or 

by contacting NICEATM at the address 

given below. 

DATES: Written comments on the Panel 

report should be received by August 28, 

2009. 

ADDRESSES: NICEATM prefers that 

comments be submitted electronically 

by e-mail to niceatm@niehs.nih.gov. 

Comments can also be submitted via the 

NICEATM–ICCVAM Web site at http:// 

iccvam.niehs.nih.gov/contact/ 

FR_pubcomment.htm. Written 

comments can be sent by mail or fax to 

Dr. William S. Stokes, Director, 

NICEATM, NIEHS, P.O. Box 12233, 

Mail Stop: K2–16, Research Triangle 

Park, NC 27709; (fax) 919–541–0947. 

Courier address: NIEHS, NICEATM, 530 

Davis Drive, Room 2035, Durham, NC 

27713. 

FOR FURTHER INFORMATION CONTACT: Dr. 

William S. Stokes, (telephone) 919–541– 

2384, (fax) 919–541–0947 and (e-mail) 

niceatm@niehs.nih.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

NICEATM announced the convening 

of an independent scientific peer review 

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