Federal-Mogul Motorparts LLC; Analysis to Aid Public Comment, 19147-19149 [2020-07170]
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Federal Register / Vol. 85, No. 66 / Monday, April 6, 2020 / Notices
insofar as possible, in harmony with,
and responsive to, international
shipping practices,’’ and also ‘‘to
promote the growth and development of
United States exports through
competitive and efficient ocean
transportation and by placing a greater
reliance on the marketplace.’’ 46 U.S.C.
40101.
Maintaining the effectiveness and
reliability of the global freight delivery
system is critically important to the
Nation’s continued economic vitality.
Unfortunately, congestion and
bottlenecks at ports and other points in
the Nation’s supply chain have become
a serious risk to the growth of the U.S.
economy, job growth, and to our
Nation’s competitive position in the
world.
In 2016, in response to challenges
created by unresolved supply chain
issues, the Commission convened teams
of industry leaders to develop process
innovations that would enhance supply
chain reliability and resilience. Each of
the teams was composed of members
representative of the supply chain,
including public port authorities,
marine terminal operators, beneficial
cargo owners, ocean transportation
intermediaries, liner shipping
companies, drayage trucking companies,
longshore labor representatives, rail
officials and chassis providers. The
conclusions of these meetings were
summarized and developed into a final
report issued in December 2017.
Recent global events have only
highlighted the economic urgency of
responsive port and terminal operations
to the effectiveness of the United States
international freight delivery system.
Given the Commission’s mandate to
ensure an efficient and economic
transportation system for ocean
commerce, the Commission has a clear
and compelling responsibility to
actively respond to current challenges
impacting the global supply chain and
the American economy. Accordingly,
the Commission has determined there is
a compelling need to convene new
supply chain innovation teams to
address these challenges.
Therefore it is ordered, That, pursuant
to 46 U.S.C. 41302, 40302, 41101 to
41109, 41301 to 41309, and 40104, and
46 CFR 502.281 et seq., Commissioner
Rebecca F. Dye engage supply chain
stakeholders in public or non-public
discussions to identify commercial
solutions to certain unresolved supply
chain issues that interfere with the
smooth operation of the U.S.
international supply chain;
It is further ordered, That, the
Commissioner form one or more supply
chain innovation teams, composed of
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leaders from all commercial sectors of
the U.S. international supply chain, to
develop commercial solutions to port
congestion and related supply chain
challenges;
It is further ordered, That, the
Commissioner provide periodic updates
to the Commission on the results of
efforts undertaken by this Order;
It is further ordered, That, the
Commissioner have full authority under
46 CFR 502.281 to 502.291, to perform
such duties as may be necessary in
accordance with U.S. law and
Commission regulations. The
Commissioner will be assisted by staff
members as may be assigned by the
Chairman;
It is further ordered, That, this
Proceeding be discontinued as ordered
by the Commission; and
It is finally ordered, That, notice of
this Order be published in the Federal
Register.
By the Commission.
Rachel Dickon,
Secretary.
[FR Doc. 2020–07096 Filed 4–3–20; 8:45 am]
BILLING CODE 6730–02–P
FEDERAL RESERVE SYSTEM
Change in Bank Control Notices;
Acquisitions of Shares of a Bank or
Bank Holding Company
The notificants listed below have
applied under the Change in Bank
Control Act (Act) (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire shares of a bank
or bank holding company. The factors
that are considered in acting on the
applications are set forth in paragraph 7
of the Act (12 U.S.C. 1817(j)(7)).
The applications listed below, as well
as other related filings required by the
Board, if any, are available for
immediate inspection at the Federal
Reserve Bank indicated. The
applications will also 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 paragraph 7 of
the Act.
Comments regarding each of these
applications must be received at the
Reserve Bank indicated or the offices of
the Board of Governors, Ann E.
Misback, Secretary of the Board, 20th
Street and Constitution Avenue NW,
Washington, DC 20551–0001, not later
than April 21, 2020.
A. Federal Reserve Bank of Chicago
(Colette A. Fried, Assistant Vice
President) 230 South LaSalle Street,
Chicago, Illinois 60690–1414:
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19147
1. Julie A. Bartlett, Spring Green,
Wisconsin; Constance S. Maloney,
Wauwatosa, Wisconsin; James P.
Maloney, Wauwatosa, Wisconsin;
Michael N. Schneider, Milwaukee,
Wisconsin; Joshua M. Bartlett,
Waukesha, Wisconsin; Kathleen M.
Bartlett, Geneva, Illinois; Mary F.
Maloney, Wauwatosa, Wisconsin;
Patrick J. Maloney, Asheville, North
Carolina; James R. Maloney, Shorewood,
Wisconsin; and Kathleen A. Maloney,
Whitefish Bay, Wisconsin; as members
of a group acting in concert to retain
voting shares of Mitchell Bank Holding
Corporation and thereby indirectly
retain voting shares of Mitchell Bank,
both of Milwaukee, Wisconsin.
2. Julie A. Bartlett, Spring Green,
Wisconsin, individually, and acting in
concert with Constance S. Maloney,
Wauwatosa, Wisconsin; James P.
Maloney, Wauwatosa, Wisconsin;
Michael N. Schneider, Milwaukee,
Wisconsin; Joshua M. Bartlett,
Waukesha, Wisconsin; Kathleen M.
Bartlett, Geneva, Illinois; Mary F.
Maloney, Wauwatosa, Wisconsin;
Patrick J. Maloney, Asheville, North
Carolina; James R. Maloney, Shorewood,
Wisconsin; Kathleen A. Maloney,
Whitefish Bay, Wisconsin; Lauren L.
Schneider, Madison, Wisconsin; and
Leigh N. Schneider, Greenfield,
Wisconsin; to retain voting shares of
M.S. Investment Co., New Berlin,
Wisconsin and thereby indirectly retain
voting shares of Mitchell Bank,
Milwaukee, Wisconsin.
Board of Governors of the Federal Reserve
System, April 1, 2020.
Yao-Chin Chao,
Assistant Secretary of the Board.
[FR Doc. 2020–07169 Filed 4–3–20; 8:45 am]
BILLING CODE P
FEDERAL TRADE COMMISSION
[File No. 172 3102]
Federal-Mogul Motorparts LLC;
Analysis to Aid Public Comment
Federal Trade Commission.
Proposed consent agreement;
request for comment.
AGENCY:
ACTION:
The consent agreement in this
matter settles alleged violations of
federal law prohibiting unfair or
deceptive acts or practices. 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.
SUMMARY:
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19148
Federal Register / Vol. 85, No. 66 / Monday, April 6, 2020 / Notices
Comments must be received on
or before May 6, 2020.
ADDRESSES: Interested parties may file
comments online or on paper, by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘Federal-Mogul
Motorparts LLC; File No. 172 3102’’ on
your comment, and file your comment
online at https://www.regulations.gov by
following the instructions on the webbased form. If you prefer to file your
comment on paper, mail your comment
to the following address: Federal Trade
Commission, Office of the Secretary,
600 Pennsylvania Avenue NW, Suite
CC–5610 (Annex D), Washington, DC
20580, or deliver your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW,
5th Floor, Suite 5610 (Annex D),
Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT:
Sydney Knight (202–326–2162), Bureau
of Consumer Protection, Federal Trade
Commission, 600 Pennsylvania Avenue
NW, Washington, DC 20580.
SUPPLEMENTARY INFORMATION: Pursuant
to Section 6(f) of the Federal Trade
Commission Act, 15 U.S.C. 46(f), and
FTC Rule 2.34, 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
website (for March 25, 2020), at this web
address: https://www.ftc.gov/newsevents/commission-actions.
You can file a comment online or on
paper. For the Commission to consider
your comment, we must receive it on or
before May 6, 2020. Write ‘‘FederalMogul Motorparts LLC; File No. 172
3102’’ on your comment. Your
comment—including your name and
your state—will be placed on the public
record of this proceeding, including, to
the extent practicable, on the https://
www.regulations.gov website.
Due to the public health emergency in
response to the COVID–19 outbreak and
the agency’s heightened security
screening, postal mail addressed to the
Commission will be subject to delay. We
strongly encourage you to submit your
comments online through the https://
www.regulations.gov website.
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DATES:
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If you prefer to file your comment on
paper, write ‘‘Federal-Mogul Motorparts
LLC; File No. 172 3102’’ on your
comment and on the envelope, and mail
your comment to the following address:
Federal Trade Commission, Office of the
Secretary, 600 Pennsylvania Avenue
NW, Suite CC–5610 (Annex D),
Washington, DC 20580; or deliver your
comment to the following address:
Federal Trade Commission, Office of the
Secretary, Constitution Center, 400 7th
Street SW, 5th Floor, Suite 5610 (Annex
D), Washington, DC 20024. If possible,
submit your paper comment to the
Commission by courier or overnight
service.
Because your comment will be placed
on the publicly accessible website at
https://www.regulations.gov, you are
solely responsible for making sure your
comment does not include any sensitive
or confidential information. In
particular, your comment should not
include any sensitive personal
information, such as your or anyone
else’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. You are also solely
responsible for making sure your
comment does not include sensitive
health information, such as medical
records or other individually
identifiable health information. In
addition, your comment should not
include any ‘‘trade secret or any
commercial or financial information
which . . . is privileged or
confidential’’—as provided by Section
6(f) of the FTC Act, 15 U.S.C. 46(f), and
FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)—
including in particular competitively
sensitive information such as costs,
sales statistics, inventories, formulas,
patterns, devices, manufacturing
processes, or customer names.
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).
In particular, the written request for
confidential treatment that accompanies
the comment must include the factual
and legal basis for the request, and must
identify the specific portions of the
comment to be withheld from the public
record. See FTC Rule 4.9(c). Your
comment will be kept confidential only
if the General Counsel grants your
request in accordance with the law and
the public interest. Once your comment
has been posted on the public FTC
website—as legally required by FTC
Rule 4.9(b)—we cannot redact or
remove your comment from the FTC
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website, unless you submit a
confidentiality request that meets the
requirements for such treatment under
FTC Rule 4.9(c), and the General
Counsel grants that request.
Visit the FTC website at https://
www.ftc.gov to read this Notice and the
news release describing it. The FTC Act
and other laws that 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 on or before May 6, 2020. For
information on the Commission’s
privacy policy, including routine uses
permitted by the Privacy Act, see
https://www.ftc.gov/site-information/
privacy-policy.
Analysis of Proposed 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 with FederalMogul Motorparts LLC (‘‘respondent’’).
The proposed consent order (‘‘order’’)
has been placed on the public record for
30 days for receipt of comments by
interested persons. Comments received
during this period will become part of
the public record. After 30 days, the
Commission will again review the order
and the comments received, and will
decide whether it should withdraw the
order or make it final.
This matter involves the respondent’s
advertising for Wagner OEX brake pads.
The proposed complaint alleges that
Federal-Mogul violated Section 5(a) of
the FTC Act by disseminating a series of
false and unsubstantiated
advertisements claiming that: (1) In an
emergency, when a driver is trying to
stop in the shortest distance possible,
Wagner OEX brake pads will stop a
pickup truck, SUV, or crossover up to
50 feet sooner than competing brake
pads; and (2) In an emergency, when a
driver is trying to stop in the shortest
distance possible, Wagner OEX brake
pads installed on a pickup truck, SUV,
or crossover significantly reduce the risk
of collisions compared to competing
brake pads.
The order includes injunctive relief
that prohibits these alleged violations
and fences in similar and related
conduct. The product coverage would
apply to any Federal-Mogul-branded or
marketed aftermarket brake pads,
including Wagner OEX aftermarket
brake pads, as well as any third-partybranded aftermarket brake pads for
which the respondent provides
marketing materials.
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Federal Register / Vol. 85, No. 66 / Monday, April 6, 2020 / Notices
Part I prohibits the respondent from
making any representation about the
braking benefits, performance, or
efficacy of any covered product,
including that such product: (1) Will
stop a vehicle significantly sooner than
competing brake pads; and (2) reduces
the risk of collisions compared to
competing brake pads, unless the
representation is non-misleading, and,
at the time of making such
representation, the respondent
possesses and relies upon competent
and reliable scientific evidence that is
sufficient in quality and quantity based
on standards generally accepted by
experts in the field of automotive
braking, when considered in light of the
entire body of relevant and reliable
scientific evidence, to substantiate that
the representation is true.
Part II requires the respondent to
submit a signed acknowledgment that
respondent received the order.
Part III requires the respondent to file
compliance reports with the
Commission, and to notify the
Commission of bankruptcy filings or
changes in corporate structure that
might affect compliance obligations.
Part IV contains recordkeeping
requirements for accounting records,
personnel records, consumer
correspondence, advertising and
marketing materials, and claim
substantiation, as well as all records
necessary to demonstrate compliance or
non-compliance with the order. Part V
contains other requirements related to
the Commission’s monitoring of the
respondent’s order compliance. Part VI
provides the effective dates of the order,
including that, with exceptions, the
order will terminate in 20 years.
The purpose of this analysis is to
facilitate public comment on the order,
and it is not intended to constitute an
official interpretation of the complaint
or order, or to modify the order’s terms
in any way.
By direction of the Commission.
April J. Tabor,
Acting Secretary.
[FR Doc. 2020–07170 Filed 4–3–20; 8:45 am]
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BILLING CODE 6750–01–P
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2020–N–0989]
Assessing the Resource Needs of the
Prescription Drug User Fee Act and
Biosimilar User Fee Act; Publication of
Report; Request for Comments
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice; request for comments.
The Food and Drug
Administration (FDA or Agency) is
announcing the publication of a report
providing options and
recommendations for a new
methodology to accurately assess
changes in the resource and capacity
needs of the human drug and biosimilar
biologic review programs. FDA, in both
the Prescription Drug User Fee
Amendments of 2017 (PDUFA VI) and
Biosimilar User Fee Amendments of
2017 (BsUFA II) committed to obtaining
this report through a contract with an
independent accounting or consulting
firm and publishing it before September
30, 2020. This was also codified in the
respective authorizing statutory
language. FDA is announcing
publication of this report and the
opening of a docket to receive public
comment on this report. Per the
respective statutory sections, after
review of this report and receipt and
review of public comment thereon, FDA
will establish a capacity planning
methodology for adjusting the annual
fee revenue amounts for the PDUFA and
BsUFA programs.
DATES: Submit either electronic or
written comments on the report by May
6, 2020, to ensure that the Agency
considers your comment on this report
before it implements the capacity
planning adjustment methodology.
ADDRESSES: You may submit comments
on this report at any time as follows:
SUMMARY:
Electronic Submissions
Submit electronic comments in the
following way:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Comments submitted electronically,
including attachments, to https://
www.regulations.gov will be posted to
the docket unchanged. Because your
comment will be made public, you are
solely responsible for ensuring that your
comment does not include any
confidential information that you or a
third party may not wish to be posted,
such as medical information, your or
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19149
anyone else’s Social Security number, or
confidential business information, such
as a manufacturing process. Please note
that if you include your name, contact
information, or other information that
identifies you in the body of your
comments, that information will be
posted on https://www.regulations.gov.
• If you want to submit a comment
with confidential information that you
do not wish to be made available to the
public, submit the comment as a
written/paper submission and in the
manner detailed (see ‘‘Written/Paper
Submissions’’ and ‘‘Instructions’’).
Written/Paper Submissions
Submit written/paper submissions as
follows:
• Mail/Hand delivery/Courier (for
written/paper submissions): Dockets
Management Staff (HFA–305), Food and
Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
• For written/paper comments
submitted to the Dockets Management
Staff, FDA will post your comment, as
well as any attachments, except for
information submitted, marked and
identified, as confidential, if submitted
as detailed in ‘‘Instructions.’’
Instructions: All submissions received
must include the Docket No. FDA–
2020–N–0989 for ‘‘Assessing the
Resource Needs of the Prescription Drug
User Fee Act, Biosimilar User Fee Act,
Report Publication; Request for
Comments.’’ Received comments will be
placed in the docket and, except for
those submitted as ‘‘Confidential
Submissions,’’ publicly viewable at
https://www.regulations.gov or at the
Dockets Management Staff between 9
a.m. and 4 p.m., Monday through
Friday.
• Confidential Submissions—To
submit a comment with confidential
information that you do not wish to be
made publicly available, submit your
comments only as a written/paper
submission. You should submit two
copies total. One copy will include the
information you claim to be confidential
with a heading or cover note that states
‘‘THIS DOCUMENT CONTAINS
CONFIDENTIAL INFORMATION.’’ The
Agency will review this copy, including
the claimed confidential information, in
its consideration of comments. The
second copy, which will have the
claimed confidential information
redacted/blacked out, will be available
for public viewing and posted on
https://www.regulations.gov. Submit
both copies to the Dockets Management
Staff. If you do not wish your name and
contact information to be made publicly
available, you can provide this
information on the cover sheet and not
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]]>Agencies
[Federal Register Volume 85, Number 66 (Monday, April 6, 2020)]
[Notices]
[Pages 19147-19149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07170]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
[File No. 172 3102]
Federal-Mogul Motorparts LLC; Analysis to Aid Public Comment
AGENCY: Federal Trade Commission.
ACTION: Proposed consent agreement; request for comment.
-----------------------------------------------------------------------
SUMMARY: The consent agreement in this matter settles alleged
violations of federal law prohibiting unfair or deceptive acts or
practices. 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.
[[Page 19148]]
DATES: Comments must be received on or before May 6, 2020.
ADDRESSES: Interested parties may file comments online or on paper, by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write ``Federal-Mogul
Motorparts LLC; File No. 172 3102'' on your comment, and file your
comment online at https://www.regulations.gov by following the
instructions on the web-based form. If you prefer to file your comment
on paper, mail your comment to the following address: Federal Trade
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite
CC-5610 (Annex D), Washington, DC 20580, or deliver your comment to the
following address: Federal Trade Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW, 5th Floor, Suite 5610 (Annex
D), Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT: Sydney Knight (202-326-2162), Bureau
of Consumer Protection, Federal Trade Commission, 600 Pennsylvania
Avenue NW, Washington, DC 20580.
SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal
Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 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 website (for March 25, 2020), at this web address: https://www.ftc.gov/news-events/commission-actions.
You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before May 6, 2020.
Write ``Federal-Mogul Motorparts LLC; File No. 172 3102'' on your
comment. Your comment--including your name and your state--will be
placed on the public record of this proceeding, including, to the
extent practicable, on the https://www.regulations.gov website.
Due to the public health emergency in response to the COVID-19
outbreak and the agency's heightened security screening, postal mail
addressed to the Commission will be subject to delay. We strongly
encourage you to submit your comments online through the https://www.regulations.gov website.
If you prefer to file your comment on paper, write ``Federal-Mogul
Motorparts LLC; File No. 172 3102'' on your comment and on the
envelope, and mail your comment to the following address: Federal Trade
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite
CC-5610 (Annex D), Washington, DC 20580; or deliver your comment to the
following address: Federal Trade Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW, 5th Floor, Suite 5610 (Annex
D), Washington, DC 20024. If possible, submit your paper comment to the
Commission by courier or overnight service.
Because your comment will be placed on the publicly accessible
website at https://www.regulations.gov, you are solely responsible for
making sure your comment does not include any sensitive or confidential
information. In particular, your comment should not include any
sensitive personal information, such as your or anyone else'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. You are also
solely responsible for making sure your comment does not include
sensitive health information, such as medical records or other
individually identifiable health information. In addition, your comment
should not include any ``trade secret or any commercial or financial
information which . . . is privileged or confidential''--as provided by
Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2),
16 CFR 4.10(a)(2)--including in particular competitively sensitive
information such as costs, sales statistics, inventories, formulas,
patterns, devices, manufacturing processes, or customer names.
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). In particular,
the written request for confidential treatment that accompanies the
comment must include the factual and legal basis for the request, and
must identify the specific portions of the comment to be withheld from
the public record. See FTC Rule 4.9(c). Your comment will be kept
confidential only if the General Counsel grants your request in
accordance with the law and the public interest. Once your comment has
been posted on the public FTC website--as legally required by FTC Rule
4.9(b)--we cannot redact or remove your comment from the FTC website,
unless you submit a confidentiality request that meets the requirements
for such treatment under FTC Rule 4.9(c), and the General Counsel
grants that request.
Visit the FTC website at https://www.ftc.gov to read this Notice and
the news release describing it. The FTC Act and other laws that 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 on or before May 6, 2020. For information on the Commission's
privacy policy, including routine uses permitted by the Privacy Act,
see https://www.ftc.gov/site-information/privacy-policy.
Analysis of Proposed 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 with Federal-Mogul Motorparts LLC (``respondent'').
The proposed consent order (``order'') has been placed on the
public record for 30 days for receipt of comments by interested
persons. Comments received during this period will become part of the
public record. After 30 days, the Commission will again review the
order and the comments received, and will decide whether it should
withdraw the order or make it final.
This matter involves the respondent's advertising for Wagner OE\X\
brake pads. The proposed complaint alleges that Federal-Mogul violated
Section 5(a) of the FTC Act by disseminating a series of false and
unsubstantiated advertisements claiming that: (1) In an emergency, when
a driver is trying to stop in the shortest distance possible, Wagner
OE\X\ brake pads will stop a pickup truck, SUV, or crossover up to 50
feet sooner than competing brake pads; and (2) In an emergency, when a
driver is trying to stop in the shortest distance possible, Wagner
OE\X\ brake pads installed on a pickup truck, SUV, or crossover
significantly reduce the risk of collisions compared to competing brake
pads.
The order includes injunctive relief that prohibits these alleged
violations and fences in similar and related conduct. The product
coverage would apply to any Federal-Mogul-branded or marketed
aftermarket brake pads, including Wagner OE\X\ aftermarket brake pads,
as well as any third-party-branded aftermarket brake pads for which the
respondent provides marketing materials.
[[Page 19149]]
Part I prohibits the respondent from making any representation
about the braking benefits, performance, or efficacy of any covered
product, including that such product: (1) Will stop a vehicle
significantly sooner than competing brake pads; and (2) reduces the
risk of collisions compared to competing brake pads, unless the
representation is non-misleading, and, at the time of making such
representation, the respondent possesses and relies upon competent and
reliable scientific evidence that is sufficient in quality and quantity
based on standards generally accepted by experts in the field of
automotive braking, when considered in light of the entire body of
relevant and reliable scientific evidence, to substantiate that the
representation is true.
Part II requires the respondent to submit a signed acknowledgment
that respondent received the order.
Part III requires the respondent to file compliance reports with
the Commission, and to notify the Commission of bankruptcy filings or
changes in corporate structure that might affect compliance
obligations. Part IV contains recordkeeping requirements for accounting
records, personnel records, consumer correspondence, advertising and
marketing materials, and claim substantiation, as well as all records
necessary to demonstrate compliance or non-compliance with the order.
Part V contains other requirements related to the Commission's
monitoring of the respondent's order compliance. Part VI provides the
effective dates of the order, including that, with exceptions, the
order will terminate in 20 years.
The purpose of this analysis is to facilitate public comment on the
order, and it is not intended to constitute an official interpretation
of the complaint or order, or to modify the order's terms in any way.
By direction of the Commission.
April J. Tabor,
Acting Secretary.
[FR Doc. 2020-07170 Filed 4-3-20; 8:45 am]
BILLING CODE 6750-01-P
