Cycra Inc.; Analysis of Proposed Consent Order To Aid Public Comment, 24617-24618 [2023-08471]
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Federal Register / Vol. 88, No. 77 / Friday, April 21, 2023 / Notices
FEDERAL FINANCIAL INSTITUTIONS
EXAMINATION COUNCIL
[Docket No. AS23–03]
Appraisal Subcommittee Notice of
Meeting
Appraisal Subcommittee of the
Federal Financial Institutions
Examination Council.
ACTION: Notice of Special Meeting.
AGENCY:
Description: In accordance with
Section 1104(b) of Title XI of the
Financial Institutions Reform, Recovery,
and Enforcement Act of 1989, as
amended, notice is hereby given that the
Appraisal Subcommittee (ASC) met for
a Special Meeting on this date.
Location: Virtual meeting via Webex.
Date: April 12, 2023.
Time: 12:15 p.m. ET.
Action and Discussion Item
Fiscal Year 2023 Budget Amendment
The ASC convened a Special Meeting
to vote on a budget amendment in the
amount of $267,065 to the ASC’s Fiscal
Year 2023 budget. The vote passed 6–0
with the FDIC abstaining.
James R. Park,
Executive Director.
[FR Doc. 2023–08507 Filed 4–20–23; 8:45 am]
BILLING CODE 6700–01–P
FEDERAL TRADE COMMISSION
[File No. 232 3007]
Cycra Inc.; Analysis of Proposed
Consent Order 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 of Proposed Consent Order to
Aid Public Comment describes both the
allegations in the complaint and the
terms of the consent order—embodied
in the consent agreement—that would
settle these allegations.
DATES: Comments must be received on
or before May 22, 2023.
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. Please write ‘‘Cycra Inc.; File No.
232 3007’’ on your comment and file
your comment online at https://
www.regulations.gov by following the
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
16:51 Apr 20, 2023
Jkt 259001
instructions on the web-based form. If
you prefer to file your comment on
paper, please mail your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
600 Pennsylvania Avenue NW, Suite
CC–5610 (Annex P), Washington, DC
20580.
FOR FURTHER INFORMATION CONTACT: Julia
Solomon Ensor (202–326–2377),
Attorney, Division of Enforcement,
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 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 at 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 22, 2023. Write ‘‘Cycra Inc.;
File No. 232 3007’’ 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.
Because of 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 ‘‘Cycra Inc.; File No. 232 3007’’ 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 P), Washington, DC 20580.
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 sensitive personal information,
such as your or anyone else’s Social
Security number; date of birth; driver’s
license number or other state
PO 00000
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Fmt 4703
Sfmt 4703
24617
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 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
https://www.regulations.gov website—as
legally required by FTC Rule § 4.9(b)—
we cannot redact or remove your
comment from that 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 document and
the news release describing the
proposed settlement. 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 it
receives on or before May 22, 2023. 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 (the
‘‘Commission’’) has accepted, subject to
final approval, an agreement containing
a consent order from Cycra Inc. and
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21APN1
lotter on DSK11XQN23PROD with NOTICES1
24618
Federal Register / Vol. 88, No. 77 / Friday, April 21, 2023 / Notices
Steven Chadwick James
(‘‘Respondents’’). The proposed consent
order has been placed on the public
record for 30 days for receipt of
comments from interested persons.
Comments received during this period
will become part of the public record.
After 30 days, the Commission will
again review the agreement and the
comments received and decide whether
it should withdraw from the agreement
or make final the agreement’s proposed
order.
This matter involves Respondents’
labeling and advertising of motorcycle,
motocross, and all-terrain vehicle
products as ‘‘Made in USA.’’ According
to the FTC’s complaint, Respondents
labeled and advertised their products as
made in the United States even though,
in numerous instances, those products
were wholly imported or contained
significant imported content. Based on
the foregoing, the complaint alleges
Respondents violated Section 5 of the
Federal Trade Commission Act, 15
U.S.C. 45(a), and section 323.2 of the
Made in USA Labeling Rule, 16 CFR
323.2.
The proposed consent order contains
provisions designed to prevent
Respondents from engaging in similar
acts and practices in the future.
Consistent with the FTC’s Made in USA
Labeling Rule, 16 CFR part 323, and its
Enforcement Policy Statement on U.S.Origin Claims, Part I prohibits
Respondents from making U.S.-origin
claims for their products unless: (1) the
final assembly or processing of the
product occurs in the United States, all
significant processing that goes into the
product occurs in the United States, and
all or virtually all ingredients or
components of the product are made
and sourced in the United States; (2) a
clear and conspicuous qualification
appears immediately adjacent to the
representation that accurately conveys
the extent to which the product contains
foreign parts, ingredients or
components, and/or processing; or (3)
for a claim that a product is assembled
in the United States, the product is last
substantially transformed in the United
States, the product’s principal assembly
takes place in the United States, and
United States assembly operations are
substantial. Part II prohibits
Respondents from making any
representation about the country of
origin of a product or service, unless the
representation is not misleading and
Respondents have a reasonable basis
substantiating it.
Parts III through V are monetary
provisions. Part IV imposes a judgment
of $872,577 and partially suspends that
judgment based on the Respondents’
VerDate Sep<11>2014
16:51 Apr 20, 2023
Jkt 259001
sworn financial statements. If the
Commission concludes any Respondent
made a material misrepresentation or
omission in that Respondent’s sworn
financial statement, the suspension as to
that Respondent is lifted and the full
judgment is immediately due. Part IV
includes additional monetary provisions
relating to collections. Part V requires
Respondents to provide sufficient
customer information to enable the
Commission to administer consumer
redress, if appropriate.
Part VI is a notice provision requiring
Respondents to identify and notify
certain consumers of the FTC’s action
within 30 days after the issuance of the
order, or within 30 days of the
consumer’s identification, if identified
later. Respondents are also required to
submit reports regarding their
notification program.
Parts VII through VIII are reporting
and compliance provisions. Part VII
requires Respondents to acknowledge
receipt of the order, to provide a copy
of the order to certain current and future
principals, officers, directors, and
employees, and to obtain an
acknowledgement from each such
person that they have received a copy of
the order. Part VIII requires
Respondents to file a compliance report
within one year after the order becomes
final and to notify the Commission
within 14 days of certain changes that
would affect compliance with the order.
Part IX requires Respondents to
maintain certain records, including
records necessary to demonstrate
compliance with the order. Part X
requires Respondents to submit
additional compliance reports when
requested by the Commission and to
permit the Commission or its
representatives to interview
Respondents’ personnel.
Finally, Part XI is a ‘‘sunset’’
provision, terminating the order after 20
years, with certain exceptions.
The purpose of this analysis is to aid
public comment on the Proposed Order.
It is not intended to constitute an
official interpretation of the complaint
or Proposed Order, or to modify in any
way the Proposed Order’s terms.
By direction of the Commission.
April J. Tabor,
Secretary.
[FR Doc. 2023–08471 Filed 4–20–23; 8:45 am]
BILLING CODE 6750–01–P
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
[Document Identifier: CMS–10302]
Agency Information Collection
Activities: Proposed Collection;
Comment Request
Centers for Medicare &
Medicaid Services, Health and Human
Services (HHS).
ACTION: Notice.
AGENCY:
The Centers for Medicare &
Medicaid Services (CMS) is announcing
an opportunity for the public to
comment on CMS’ intention to collect
information from the public. Under the
Paperwork Reduction Act of 1995 (the
PRA), Federal agencies are required to
publish notice in the Federal Register
concerning each proposed collection of
information (including each proposed
extension or reinstatement of an existing
collection of information) and to allow
60 days for public comment on the
proposed action. Interested persons are
invited to send comments regarding our
burden estimates or any other aspect of
this collection of information, including
the necessity and utility of the proposed
information collection for the proper
performance of the agency’s functions,
the accuracy of the estimated burden,
ways to enhance the quality, utility, and
clarity of the information to be
collected, and the use of automated
collection techniques or other forms of
information technology to minimize the
information collection burden.
DATES: Comments must be received by
June 20, 2023.
ADDRESSES: When commenting, please
reference the document identifier or
OMB control number. To be assured
consideration, comments and
recommendations must be submitted in
any one of the following ways:
1. Electronically. You may send your
comments electronically to https://
www.regulations.gov. Follow the
instructions for ‘‘Comment or
Submission’’ or ‘‘More Search Options’’
to find the information collection
document(s) that are accepting
comments.
2. By regular mail. You may mail
written comments to the following
address: CMS, Office of Strategic
Operations and Regulatory Affairs,
Division of Regulations Development,
Attention: Document Identifier/OMB
Control Number: ll, Room C4–26–05,
7500 Security Boulevard, Baltimore,
Maryland 21244–1850.
SUMMARY:
E:\FR\FM\21APN1.SGM
21APN1
Agencies
[Federal Register Volume 88, Number 77 (Friday, April 21, 2023)]
[Notices]
[Pages 24617-24618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08471]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
[File No. 232 3007]
Cycra Inc.; Analysis of Proposed Consent Order 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 of Proposed Consent Order to Aid
Public Comment describes both the allegations in the complaint and the
terms of the consent order--embodied in the consent agreement--that
would settle these allegations.
DATES: Comments must be received on or before May 22, 2023.
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. Please write ``Cycra Inc.;
File No. 232 3007'' 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, please mail
your comment to the following address: Federal Trade Commission, Office
of the Secretary, 600 Pennsylvania Avenue NW, Suite CC-5610 (Annex P),
Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT: Julia Solomon Ensor (202-326-2377),
Attorney, Division of Enforcement, 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 Sec. 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 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 at
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 22, 2023.
Write ``Cycra Inc.; File No. 232 3007'' 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.
Because of 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 ``Cycra
Inc.; File No. 232 3007'' 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 P),
Washington, DC 20580.
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 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 Sec.
4.10(a)(2), 16 CFR 4.10(a)(2)--including 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 Sec. 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 Sec. 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 https://www.regulations.gov
website--as legally required by FTC Rule Sec. 4.9(b)--we cannot redact
or remove your comment from that website, unless you submit a
confidentiality request that meets the requirements for such treatment
under FTC Rule Sec. 4.9(c), and the General Counsel grants that
request.
Visit the FTC website at https://www.ftc.gov to read this document
and the news release describing the proposed settlement. 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
it receives on or before May 22, 2023. 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 (the ``Commission'') has accepted,
subject to final approval, an agreement containing a consent order from
Cycra Inc. and
[[Page 24618]]
Steven Chadwick James (``Respondents''). The proposed consent order has
been placed on the public record for 30 days for receipt of comments
from interested persons. Comments received during this period will
become part of the public record. After 30 days, the Commission will
again review the agreement and the comments received and decide whether
it should withdraw from the agreement or make final the agreement's
proposed order.
This matter involves Respondents' labeling and advertising of
motorcycle, motocross, and all-terrain vehicle products as ``Made in
USA.'' According to the FTC's complaint, Respondents labeled and
advertised their products as made in the United States even though, in
numerous instances, those products were wholly imported or contained
significant imported content. Based on the foregoing, the complaint
alleges Respondents violated Section 5 of the Federal Trade Commission
Act, 15 U.S.C. 45(a), and section 323.2 of the Made in USA Labeling
Rule, 16 CFR 323.2.
The proposed consent order contains provisions designed to prevent
Respondents from engaging in similar acts and practices in the future.
Consistent with the FTC's Made in USA Labeling Rule, 16 CFR part 323,
and its Enforcement Policy Statement on U.S.-Origin Claims, Part I
prohibits Respondents from making U.S.-origin claims for their products
unless: (1) the final assembly or processing of the product occurs in
the United States, all significant processing that goes into the
product occurs in the United States, and all or virtually all
ingredients or components of the product are made and sourced in the
United States; (2) a clear and conspicuous qualification appears
immediately adjacent to the representation that accurately conveys the
extent to which the product contains foreign parts, ingredients or
components, and/or processing; or (3) for a claim that a product is
assembled in the United States, the product is last substantially
transformed in the United States, the product's principal assembly
takes place in the United States, and United States assembly operations
are substantial. Part II prohibits Respondents from making any
representation about the country of origin of a product or service,
unless the representation is not misleading and Respondents have a
reasonable basis substantiating it.
Parts III through V are monetary provisions. Part IV imposes a
judgment of $872,577 and partially suspends that judgment based on the
Respondents' sworn financial statements. If the Commission concludes
any Respondent made a material misrepresentation or omission in that
Respondent's sworn financial statement, the suspension as to that
Respondent is lifted and the full judgment is immediately due. Part IV
includes additional monetary provisions relating to collections. Part V
requires Respondents to provide sufficient customer information to
enable the Commission to administer consumer redress, if appropriate.
Part VI is a notice provision requiring Respondents to identify and
notify certain consumers of the FTC's action within 30 days after the
issuance of the order, or within 30 days of the consumer's
identification, if identified later. Respondents are also required to
submit reports regarding their notification program.
Parts VII through VIII are reporting and compliance provisions.
Part VII requires Respondents to acknowledge receipt of the order, to
provide a copy of the order to certain current and future principals,
officers, directors, and employees, and to obtain an acknowledgement
from each such person that they have received a copy of the order. Part
VIII requires Respondents to file a compliance report within one year
after the order becomes final and to notify the Commission within 14
days of certain changes that would affect compliance with the order.
Part IX requires Respondents to maintain certain records, including
records necessary to demonstrate compliance with the order. Part X
requires Respondents to submit additional compliance reports when
requested by the Commission and to permit the Commission or its
representatives to interview Respondents' personnel.
Finally, Part XI is a ``sunset'' provision, terminating the order
after 20 years, with certain exceptions.
The purpose of this analysis is to aid public comment on the
Proposed Order. It is not intended to constitute an official
interpretation of the complaint or Proposed Order, or to modify in any
way the Proposed Order's terms.
By direction of the Commission.
April J. Tabor,
Secretary.
[FR Doc. 2023-08471 Filed 4-20-23; 8:45 am]
BILLING CODE 6750-01-P