Onyx Graphics, Inc.; Analysis of Proposed Consent Orders To Aid Public Comment, 53503-53504 [E9-24995]
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Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Notices
stay current and have a clear
understanding of federal mandates, but
that this would be a small portion of
and subsumed within the ordinary
training that employees receive apart
from that associated with the
information collected under the Rule.
David C. Shonka,
Acting General Counsel.
[FR Doc. E9–25030 Filed 10–16–09: 10:32
am]
Billing code: 6750–01–S
FEDERAL TRADE COMMISSION
[File No. 092 3139]
Onyx Graphics, Inc.; Analysis of
Proposed Consent Orders To Aid
Public Comment
Federal Trade Commission.
Proposed Consent Agreement.
AGENCY:
sroberts on DSKD5P82C1PROD with NOTICES
ACTION:
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 November 5, 2009.
ADDRESSES: Interested parties are
invited to submit written comments
electronically or in paper form.
Comments should refer to ‘‘Onyx
Graphics, File No. 092 3139’’ 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
(https://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
VerDate Nov<24>2008
16:51 Oct 16, 2009
Jkt 220001
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/
onyxgraphics) 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/
onyxgraphics). If this Notice appears at
(https://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 (https://www.ftc.gov/) to
read the Notice and the news release
describing it.
A comment filed in paper form
should include the ‘‘Onyx Graphics,
File No. 092 3139’’ 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
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).
PO 00000
Frm 00042
Fmt 4703
Sfmt 4703
53503
(https://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 (https://www.ftc.gov/ftc/
privacy.shtm).
FOR FURTHER INFORMATION CONTACT:
Molly Crawford (202-326-3076) or Katie
Ratte’ (202-326-3514), 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 October 6, 2009), on the
World Wide Web, at (https://
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, a consent
agreement from Onyx Graphics, Inc.
(‘‘Onyx Graphics’’).
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 and take
E:\FR\FM\19OCN1.SGM
19OCN1
sroberts on DSKD5P82C1PROD with NOTICES
53504
Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Notices
appropriate action or make final the
agreement’s proposed order.
This matter concerns alleged false or
misleading representations that Onyx
Graphics made to consumers concerning
its participation in the Safe Harbor
privacy framework (‘‘Safe Harbor’’)
agreed upon by the U.S. and the
European Union (‘‘EU’’). It is among the
Commission’s first cases to challenge
deceptive claims about the Safe Harbor.
The Safe Harbor provides a mechanism
for U.S. companies to transfer data
outside the EU consistent with
European law. To join the Safe Harbor,
a company must self-certify to the U.S.
Department of Commerce (‘‘Commerce’’)
that it complies with seven principles
and related requirements. Commerce
maintains a public website,
(www.export.gov/safeharbor), where it
posts the names of companies that have
self-certified to the Safe Harbor. The
listing of companies indicates whether
their self-certification is ‘‘current’’ or
‘‘not current.’’ Companies are required
to re-certify every year in order to retain
their status as ‘‘current’’ members of the
Safe Harbor framework.
Onyx Graphics develops and markets
commercial printing software and
solutions for the digital color printing
marketplace, including through a
website (www.onyxgfx.com). According
to the Commission’s complaint, since at
least October 2006, Onyx Graphics has
set forth on its website privacy policies
and statements about its practices,
including statements that it is a current
participant in the Safe Harbor.
The Commission’s complaint alleges
that Onyx Graphics falsely represented
that it was a current participant in the
Safe Harbor when, in fact, from August
2007 until July 2009, Onyx Graphics
was not a current participant in the Safe
Harbor. The Commission’s complaint
alleges that in August 2006, Onyx
Graphics submitted a self-certification
to Commerce, which it did not renew in
August 2007. Commerce then updated
the company’s status to ‘‘not current’’
on the Commerce public website. Onyx
Graphics remained in ‘‘not current’’
status until it submitted a selfcertification to Commerce in July 2009.
The proposed order applies to Onyx
Graphics’s representations about its
membership in any privacy, security, or
any other compliance program
sponsored by the government or any
other third party. It contains provisions
designed to prevent Onyx Graphics from
engaging in the future in practices
VerDate Nov<24>2008
16:51 Oct 16, 2009
Jkt 220001
similar to those alleged in the
complaint.
Part I of the proposed order prohibits
Onyx Graphics from making
misrepresentations about its
membership in any privacy, security, or
any other compliance program
sponsored by the government or any
other third party.
Parts II through VI of the proposed
order are reporting and compliance
provisions. Part II requires Onyx
Graphics to retain documents relating to
its compliance with the order for a fiveyear period. Part III requires
dissemination of the order now and in
the future to persons with
responsibilities relating to the subject
matter of the order. Part IV ensures
notification to the FTC of changes in
corporate status. Part V mandates that
Onyx Graphics submit an initial
compliance report to the FTC, and make
available to the FTC subsequent reports.
Part VI is a provision ‘‘sunsetting’’ the
order after twenty (20) years, with
certain exceptions.
The purpose of the 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.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E9–24995 Filed 10–16–09: 9:31 am]
BILLING CODE: 6750–01–S
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
[Document Identifier OS–0990–New]
Agency Information Collection
Request; 60-Day Public Comment
Request
Office of the Secretary, HHS.
In compliance with the requirement
of section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995, the
Office of the Secretary (OS), Department
of Health and Human Services, is
publishing the following summary of a
proposed information collection request
for public comment. Interested persons
are invited to send comments regarding
this burden estimate or any other aspect
of this collection of information,
including any of the following subjects:
(1) The necessity and utility of the
proposed information collection for the
AGENCY:
PO 00000
Frm 00043
Fmt 4703
Sfmt 4703
proper performance of the agency’s
functions; (2) the accuracy of the
estimated burden; (3) ways to enhance
the quality, utility, and clarity of the
information to be collected; and (4) the
use of automated collection techniques
or other forms of information
technology to minimize the information
collection burden.
To obtain copies of the supporting
statement and any related forms for the
proposed paperwork collections
referenced above, e-mail your request,
including your address, phone number,
OMB number, and OS document
identifier, to
Sherette.funncoleman@hhs.gov, or call
the Reports Clearance Office on (202)
690–6162. Written comments and
recommendations for the proposed
information collections must be directed
to the OS Paperwork Clearance Officer
at the above e-mail address within 60
days.
Proposed Project: Research Mentoring
Dyad: Comparing the Views of Faculty
Advisors/Mentors and Their Ph.D.
Students on Training/Learning to Be a
Responsible Researcher—OMB No.
0990–New—Office of Research Integrity
(ORI).
Abstract: This effort is consistent with
the directive to ORI to ‘‘focus more on
preventing misconduct and promoting
research integrity’’ (Federal Register:
May 12, 2000, Volume 65, Number 93).
Study results will be used to promote
mentoring best practices, in particular
for the responsible conduct of research,
by raising awareness of the role of
faculty members in developing young
scientists, promoting discussion in the
scientific community, and informing
institutions on where and how to focus
resources from the unique perspective
of both faculty and doctoral student. To
gather information to promote ORI’s
objectives, this study will use in-depth
personal interviews with 100 faculty
who participated in the ORI Faculty
Survey and agreed to be re-contacted
and 100 matched doctoral students who
have graduated in the last five years.
These one-time interviews will be used
to find out how faculty and their
students view the training and
education of responsible researchers.
Interviews with matched faculty/
doctoral student pairs will provide a
unique opportunity to compare these
two perspectives and will strengthen
and elaborate on the ORI Faculty Survey
results.
E:\FR\FM\19OCN1.SGM
19OCN1
Agencies
[Federal Register Volume 74, Number 200 (Monday, October 19, 2009)]
[Notices]
[Pages 53503-53504]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24995]
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
[File No. 092 3139]
Onyx Graphics, Inc.; Analysis of Proposed Consent Orders 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 November 5, 2009.
ADDRESSES: Interested parties are invited to submit written comments
electronically or in paper form. Comments should refer to ``Onyx
Graphics, File No. 092 3139'' 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 (https://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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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/onyxgraphics) 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/onyxgraphics). If
this Notice appears at (https://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 (https://www.ftc.gov/) to read
the Notice and the news release describing it.
A comment filed in paper form should include the ``Onyx Graphics,
File No. 092 3139'' 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 (https://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 (https://www.ftc.gov/ftc/privacy.shtm).
FOR FURTHER INFORMATION CONTACT: Molly Crawford (202-326-3076) or Katie
Ratte' (202-326-3514), 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 Sec. 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 October 6, 2009), on the World Wide Web, at (https://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, a consent agreement from Onyx
Graphics, Inc. (``Onyx Graphics'').
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 and take
[[Page 53504]]
appropriate action or make final the agreement's proposed order.
This matter concerns alleged false or misleading representations
that Onyx Graphics made to consumers concerning its participation in
the Safe Harbor privacy framework (``Safe Harbor'') agreed upon by the
U.S. and the European Union (``EU''). It is among the Commission's
first cases to challenge deceptive claims about the Safe Harbor. The
Safe Harbor provides a mechanism for U.S. companies to transfer data
outside the EU consistent with European law. To join the Safe Harbor, a
company must self-certify to the U.S. Department of Commerce
(``Commerce'') that it complies with seven principles and related
requirements. Commerce maintains a public website, (www.export.gov/safeharbor), where it posts the names of companies that have self-
certified to the Safe Harbor. The listing of companies indicates
whether their self-certification is ``current'' or ``not current.''
Companies are required to re-certify every year in order to retain
their status as ``current'' members of the Safe Harbor framework.
Onyx Graphics develops and markets commercial printing software and
solutions for the digital color printing marketplace, including through
a website (www.onyxgfx.com). According to the Commission's complaint,
since at least October 2006, Onyx Graphics has set forth on its website
privacy policies and statements about its practices, including
statements that it is a current participant in the Safe Harbor.
The Commission's complaint alleges that Onyx Graphics falsely
represented that it was a current participant in the Safe Harbor when,
in fact, from August 2007 until July 2009, Onyx Graphics was not a
current participant in the Safe Harbor. The Commission's complaint
alleges that in August 2006, Onyx Graphics submitted a self-
certification to Commerce, which it did not renew in August 2007.
Commerce then updated the company's status to ``not current'' on the
Commerce public website. Onyx Graphics remained in ``not current''
status until it submitted a self-certification to Commerce in July
2009.
The proposed order applies to Onyx Graphics's representations about
its membership in any privacy, security, or any other compliance
program sponsored by the government or any other third party. It
contains provisions designed to prevent Onyx Graphics from engaging in
the future in practices similar to those alleged in the complaint.
Part I of the proposed order prohibits Onyx Graphics from making
misrepresentations about its membership in any privacy, security, or
any other compliance program sponsored by the government or any other
third party.
Parts II through VI of the proposed order are reporting and
compliance provisions. Part II requires Onyx Graphics to retain
documents relating to its compliance with the order for a five-year
period. Part III requires dissemination of the order now and in the
future to persons with responsibilities relating to the subject matter
of the order. Part IV ensures notification to the FTC of changes in
corporate status. Part V mandates that Onyx Graphics submit an initial
compliance report to the FTC, and make available to the FTC subsequent
reports. Part VI is a provision ``sunsetting'' the order after twenty
(20) years, with certain exceptions.
The purpose of the 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.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E9-24995 Filed 10-16-09: 9:31 am]
BILLING CODE: 6750-01-S