Decision To Evaluate a Petition To Designate a Class of Employees From the Ventron Corporation Site in Beverly, MA, To Be Included in the Special Exposure Cohort, 12593-12594 [2012-4953]
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Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Notices
off their energy bills by replacing their
windows with THV windows.
According to the complaint, respondent
did not possess and rely upon a
reasonable basis substantiating these
representations when it made them.
Many factors determine the savings
homeowners can realize by replacing
their windows, including the home’s
geographic location, size, insulation
package, and existing windows.
Consumers who replace single or
double-paned wood or vinyl-framed
windows—common residential window
types in the United States—with THV
replacement windows are not likely to
achieve a 40%, 50%, or 35%–55%
reduction in residential energy
consumption or heating and cooling
costs. The complaint also alleges that,
by providing its independent dealers
and installers with advertising and other
promotional materials making the above
unsubstantiated representations,
respondent provided the means and
instrumentalities to engage in deceptive
practices. Thus, the complaint alleges
that respondent engaged in unfair or
deceptive practices in violation of
Section 5(a) of the FTC Act.
Some promotional materials
challenged in the FTC’s complaint
include the words ‘‘up to’’ in an
apparent attempt to qualify
representations that consumers who
replace windows with respondent’s
windows are likely to achieve specified
amounts of residential energy savings or
reduction in residential heating and
cooling costs. In the context of specific
ads in this case, the words ‘‘up to’’ do
not effectively qualify such
representations for replacement
windows. The FTC’s complaint and the
proposed consent order should not be
interpreted as a general statement of
how the Commission may interpret or
take other action concerning
representations including the words ‘‘up
to’’ for other products or services in the
future.
The proposed consent order contains
three provisions designed to prevent
respondent from engaging in similar
acts and practices in the future. Part I
addresses the marketing of windows. It
prohibits respondent from making any
representation that: (A) Consumers who
replace their windows with
respondent’s windows achieve up to or
a specified amount or percentage of
energy savings or reduction in heating
and cooling costs; or (B) respondent
guarantees or pledges that consumers
who replace their windows with
respondent’s windows will achieve up
to or a specified amount or percentage
of energy savings or reduction in
heating and cooling costs; unless the
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representation is non-misleading and, at
the time of making such representation,
respondent possesses and relies upon
competent and reliable scientific
evidence to substantiate that all or
almost all consumers are likely to
receive the maximum represented
savings or reduction. Further, if
respondent represents, guarantees, or
pledges that consumers achieve such
energy savings or heating and cooling
cost reductions under specified
circumstances, it must: Disclose those
circumstances clearly and prominently
in close proximity to such
representation, guarantee, or pledge;
and substantiate that all or almost all
consumers are likely to receive the
maximum represented, guaranteed, or
pledged savings or reduction under
those circumstances (e.g., when
replacing a window of a specific
composition in a building having a
specific level of insulation in a specific
region). The performance standard
imposed under this Part constitutes
fencing-in relief reasonably necessary to
ensure that any future energy savings or
reduction claims are not deceptive.
Parts II and III address any product or
service for which respondent makes any
energy-related efficacy representation.
Part II prohibits respondent from
making any representation: (A) About
the ability of respondent’s windows to
pay for themselves in energy savings
alone within any specific number of
years or other time period, when
consumers replace their windows with
respondent’s windows; (B) that any
specific number or percentage of
consumers who replace their windows
with respondent’s windows achieve
energy savings or reduction in heating
and cooling costs; or (C) about energy
consumption, energy savings, energy
costs, heating and cooling costs,
U-factor, solar heat gain coefficient,
R-value, K-value, insulating properties,
thermal performance, or energy-related
efficacy; unless the representation is
non-misleading and substantiated by
competent and reliable scientific
evidence. Part III prohibits respondent
from providing to others the means and
instrumentalities with which to make
any false, unsubstantiated, or otherwise
misleading representation of material
fact. It defines ‘‘means and
instrumentalities’’ to mean any
information, including any advertising,
labeling, or promotional, sales training,
or purported substantiation materials,
for use by trade customers in their
marketing of any such product or
service.
Parts IV though VIII require
respondent to: Train personnel who
direct or engage in the promotion or sale
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12593
of any product or service covered by the
order not to make representations
prohibited by the order; keep copies of
advertisements and materials relied
upon in disseminating any
representation covered by the order;
provide copies of the order to certain
personnel, agents, and representatives
having supervisory responsibilities with
respect to the subject matter of the
order; notify the Commission of changes
in its structure that might affect
compliance obligations under the order;
and file a compliance report with the
Commission and respond to other
requests from FTC staff. Part IX provides
that the order will terminate after
twenty (20) years under certain
circumstances.
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 complaint or the proposed order, or
to modify the proposed order’s terms in
any way.
By direction of the Commission,
Commissioner Rosch abstaining.
Donald S. Clark,
Secretary.
[FR Doc. 2012–5000 Filed 2–29–12; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Decision To Evaluate a Petition To
Designate a Class of Employees From
the Ventron Corporation Site in
Beverly, MA, To Be Included in the
Special Exposure Cohort
National Institute for
Occupational Safety and Health
(NIOSH), Centers for Disease Control
and Prevention, Department of Health
and Human Services.
ACTION: Notice.
AGENCY:
NIOSH gives notice as
required by 42 CFR 83.12(e) of a
decision to evaluate a petition to
designate a class of employees from the
Ventron Corporation site in Beverly,
Massachusetts, to be included in the
Special Exposure Cohort under the
Energy Employees Occupational Illness
Compensation Program Act of 2000. The
initial proposed definition for the class
being evaluated, subject to revision as
warranted by the evaluation, is as
follows:
Facility: Ventron Corporation.
Location: Beverly, Massachusetts.
Job Titles and/or Job Duties: All
Atomic Weapons Employees.
Period of Employment: January 1,
1942 through December 31, 1948.
SUMMARY:
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12594
Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Notices
FOR FURTHER INFORMATION CONTACT:
Stuart L. Hinnefeld, Director, Division
of Compensation Analysis and Support,
National Institute for Occupational
Safety and Health, 4676 Columbia
Parkway, MS C–46, Cincinnati, OH
45226, Telephone 877–222–7570.
Information requests can also be
submitted by email to DCAS@CDC.GOV.
John Howard,
Director, National Institute for Occupational
Safety and Health.
[FR Doc. 2012–4953 Filed 2–29–12; 8:45 am]
BILLING CODE 4163–19–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Decision To Evaluate a Petition To
Designate a Class of Employees From
the Rocky Flats Plant in Golden, CO,
To Be Included in the Special
Exposure Cohort
National Institute for
Occupational Safety and Health
(NIOSH), Centers for Disease Control
and Prevention, Department of Health
and Human Services.
ACTION: Notice.
AGENCY:
NIOSH gives notice as
required by 42 CFR 83.12(e) of a
decision to evaluate a petition to
designate a class of employees from the
Rocky Flats Plant in Golden, Colorado,
to be included in the Special Exposure
Cohort under the Energy Employees
Occupational Illness Compensation
Program Act of 2000. The initial
proposed definition for the class being
evaluated, subject to revision as
warranted by the evaluation, is as
follows:
Facility: Rocky Flats Plant.
Location: Golden, Colorado.
Job Titles and/or Job Duties: All
employees of the Department of Energy,
its predecessor agencies, and their
contractors and subcontractors.
Period of Employment: January 1,
1972 through December 31, 1989.
FOR FURTHER INFORMATION CONTACT:
Stuart L. Hinnefeld, Director, Division
of Compensation Analysis and Support,
National Institute for Occupational
Safety and Health, 4676 Columbia
Parkway, MS C–46, Cincinnati, OH
45226, Telephone 877–222–7570.
Information requests can also be
submitted by email to DCAS@CDC.GOV.
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
John Howard,
Director, National Institute for Occupational
Safety and Health.
[FR Doc. 2012–4961 Filed 2–29–12; 8:45 am]
BILLING CODE 4163–19–P
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Agency for Toxic Substances and
Disease Registry
[30-Day–12–12BL]
Agency Forms Undergoing Paperwork
Reduction Act Review
The Agency for Toxic Substances and
Disease Registry (ATSDR) publishes a
list of information collection requests
under review by the Office of
Management and Budget (OMB) in
compliance with the Paperwork
Reduction Act (44 U.S.C. Chapter 35).
To request a copy of these requests, call
the Centers for Disease Control and
Prevention (CDC) Reports Clearance
Officer at (404) 639–7570 or send an
email to omb@cdc.gov. Send written
comments to CDC Desk Officer, Office of
Management and Budget, Washington,
DC 20503 or by fax to (202) 395–5806.
Written comments should be received
within 30 days of this notice.
Proposed Project
Biomonitoring of Great Lakes
Populations Program—New—Agency
for Toxic Substances and Disease
Registry (ATSDR), Centers for Disease
Control and Prevention (CDC).
Background and Brief Description
The Great Lakes Basin has suffered
decades of pollution and ecosystem
damage. In 1987, the Great Lakes Water
Quality Agreement listed 40 Areas of
Concern (AOCs) representing the most
polluted areas in the Great Lakes Basin.
Many chemicals persist in Great Lakes
sediments, as well as in wildlife and
humans. These chemicals can build up
in the aquatic food chain. Eating
contaminated fish is a known route of
human exposure.
In 2009, the Great Lakes Restoration
Initiative (GLRI) was enacted in Public
Law 111–88. The GLRI makes Great
Lakes restoration a national priority for
16 federal agencies. The GLRI is led by
the U.S. Environmental Protection
Agency (U.S. EPA). Under a 2010
interagency agreement with the U.S.
EPA, the Agency for Toxic Substances
and Disease Registry (ATSDR)
announced a funding opportunity called
the ‘‘Biomonitoring of Great Lakes
Populations Program’’ (CDC–RFA–
TS10–1001).
This applied public health program
aims to measure Great Lakes chemicals
in human blood and urine. These
measures will be a baseline for the GLRI
and future restoration activities. The
measures will be compared to available
national estimates. This program also
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aims to take these measures from people
who may be at higher risk of harm from
chemical exposures.
Three states were funded for this
program: Michigan, Minnesota, and
New York. The health departments in
these states will look at seven AOCs and
four types of sensitive adults:
Michigan—urban anglers in the Detroit
River and the Saginaw River and Bay
AOCs; Minnesota—American Indians
near the St. Louis River AOC; and New
York—licensed anglers and immigrants
from Burma and their family members
living in four Lake Ontario and Lake
Erie AOCs. These include the Rochester
Embayment AOC, the Eighteenmile
Creek AOC, and the AOCs along the
Niagara and Buffalo Rivers.
Each state will use its own way to ask
people to take part in the study. In
Michigan, people fishing along the
shores of the Detroit River and Saginaw
River and Bay will be asked a few
questions to see if they are willing to
take part in the study. In Minnesota,
American Indians will be randomly
chosen from a list of people who get
local tribal health clinic and social
services. They will be contacted by
trained staff to take part in the study. In
New York, names from the state
licensed angler database will be chosen
at random. These people will be
contacted by mail and telephone to take
part in the study. Another group,
immigrants who moved from Burma to
Buffalo, NY, will work with trained
study staff to get their people to take
part in the study.
All respondents who consent will
give blood and urine specimens. Their
blood and urine will be tested for
polychlorinated biphenyls (PCBs),
mercury, lead, and pesticides. Pesticides
will include mirex, hexachlorobenzene,
dichlorodiphenyltrichloroethane (DDT)
and dichlorodiphenyldichloroethylene
(DDE). Each state will test blood and
urine for other chemicals of local
concern. Respondents will also be
interviewed. They will be asked about
demographic and lifestyle factors,
hobbies, and types of jobs, which can
contribute to chemical exposure. Some
diet questions will be asked, too, with
a focus on eating Great Lakes fish. There
is no cost to respondents other than
their time spent in the study. The
estimated annualized burden hours are
713 hours. The ATSDR is requesting
approval to conduct this information
collection for two years.
The ATSDR is authorized to conduct
this program under the Comprehensive
Environmental Response,
Compensation, and Liability Act of
1980, as amended by the Superfund
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Agencies
[Federal Register Volume 77, Number 41 (Thursday, March 1, 2012)]
[Notices]
[Pages 12593-12594]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4953]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Decision To Evaluate a Petition To Designate a Class of Employees
From the Ventron Corporation Site in Beverly, MA, To Be Included in the
Special Exposure Cohort
AGENCY: National Institute for Occupational Safety and Health (NIOSH),
Centers for Disease Control and Prevention, Department of Health and
Human Services.
ACTION: Notice.
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SUMMARY: NIOSH gives notice as required by 42 CFR 83.12(e) of a
decision to evaluate a petition to designate a class of employees from
the Ventron Corporation site in Beverly, Massachusetts, to be included
in the Special Exposure Cohort under the Energy Employees Occupational
Illness Compensation Program Act of 2000. The initial proposed
definition for the class being evaluated, subject to revision as
warranted by the evaluation, is as follows:
Facility: Ventron Corporation.
Location: Beverly, Massachusetts.
Job Titles and/or Job Duties: All Atomic Weapons Employees.
Period of Employment: January 1, 1942 through December 31, 1948.
[[Page 12594]]
FOR FURTHER INFORMATION CONTACT: Stuart L. Hinnefeld, Director,
Division of Compensation Analysis and Support, National Institute for
Occupational Safety and Health, 4676 Columbia Parkway, MS C-46,
Cincinnati, OH 45226, Telephone 877-222-7570. Information requests can
also be submitted by email to DCAS@CDC.GOV.
John Howard,
Director, National Institute for Occupational Safety and Health.
[FR Doc. 2012-4953 Filed 2-29-12; 8:45 am]
BILLING CODE 4163-19-P