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67726 Federal Register / Vol. 72, No.

230 / Friday, November 30, 2007 / Notices

includes whether the acquisition of the DATES: Comments must be received on 46(f), and § 2.34 of the Commission
nonbanking company complies with the or before December 20, 2007. Rules of Practice, 16 CFR 2.34, notice is
standards in section 4 of the BHC Act ADDRESSES: Interested parties are hereby given that the above-captioned
(12 U.S.C. 1843). Unless otherwise invited to submit written comments. consent agreement containing a consent
noted, nonbanking activities will be Comments should refer to ‘‘Budget Rent- order to cease and desist, having been
conducted throughout the United States. A-Car System, File No. 062 3042,’’ to filed with and accepted, subject to final
Additional information on all bank facilitate the organization of comments. approval, by the Commission, has been
holding companies may be obtained A comment filed in paper form should placed on the public record for a period
from the National Information Center include this reference both in the text of thirty (30) days. The following
website at www.ffiec.gov/nic/. and on the envelope, and should be Analysis to Aid Public Comment
Unless otherwise noted, comments mailed or delivered to the following describes the terms of the consent
regarding each of these applications address: Federal Trade Commission/ agreement, and the allegations in the
must be received at the Reserve Bank Office of the Secretary, Room 135–H, complaint. An electronic copy of the
indicated or the offices of the Board of 600 Pennsylvania Avenue, N.W., full text of the consent agreement
Governors not later than December 26, Washington, D.C. 20580. Comments package can be obtained from the FTC
2007. containing confidential material must be Home Page (for November 20, 2007), on
A. Federal Reserve Bank of Atlanta filed in paper form, must be clearly the World Wide Web, at http://
(David Tatum, Vice President) 1000 labeled ‘‘Confidential,’’ and must www.ftc.gov/os/2007/11/index.htm. A
Peachtree Street, N.E., Atlanta, Georgia comply with Commission Rule 4.9(c). paper copy can be obtained from the
30309: 16 CFR 4.9(c) (2005).1 The FTC is FTC Public Reference Room, Room 130-
1. Metropolitan BancGroup, Inc., requesting that any comment filed in H, 600 Pennsylvania Avenue, NW,
Ridgeland, Mississippi; to become a paper form be sent by courier or Washington, D.C. 20580, either in
bank holding company by acquiring 100 overnight service, if possible, because person or by calling (202) 326-2222.
percent of the voting shares of U.S. postal mail in the Washington area Public comments are invited, and may
BancSouth Financial Corporation and and at the Commission is subject to be filed with the Commission in either
Bank of the South, both of Crystal delay due to heightened security paper or electronic form. All comments
Springs, Mississippi. precautions. Comments that do not should be filed as prescribed in the
B. Federal Reserve Bank of San contain any nonpublic information may ADDRESSES section above, and must be
Francisco (Tracy Basinger, Director, instead be filed in electronic form as received on or before the date specified
Regional and Community Bank Group) part of or as an attachment to email in the DATES section.
101 Market Street, San Francisco, messages directed to the following email Analysis of Agreement Containing
California 94105–1579: box: consentagreement@ftc.gov. Consent Order to Aid Public Comment
1. Franklin Resources, Inc., San The FTC Act and other laws the
Commission administers permit the The Federal Trade Commission has
Mateo, California; to retain 5.15 percent accepted an agreement to a proposed
of the voting shares of Commerce collection of public comments to
consider and use in this proceeding as consent order with Budget Rent-A-Car
Bancorp, Inc., and thereby indirectly System, Inc. (‘‘Budget’’), one of the
retain voting shares of Commerce Bank, appropriate. All timely and responsive
public comments, whether filed in nation’s largest rental car agencies.
N.A., both of Cherry Hill, New Jersey. The proposed consent order has been
paper or electronic form, will be
Board of Governors of the Federal Reserve considered by the Commission, and will placed on the public record for thirty
System, November 26, 2007. (30) days for reception of comments by
be available to the public on the FTC
Jennifer J. Johnseon, website, to the extent practicable, at interested persons. Comments received
Secretary of the Board. www.ftc.gov. As a matter of discretion, during this period will become part of
[FR Doc. E7–23179 Filed 11–29–07; 8:45 am] the FTC makes every effort to remove the public record. After thirty (30) days,
BILLING CODE 6210–01–S home contact information for the Commission will again review the
individuals from the public comments it agreement and the comments received
receives before placing those comments and will decide whether it should
on the FTC website. More information, withdraw from the agreement or make
FEDERAL TRADE COMMISSION final the agreement’s proposed order.
including routine uses permitted by the
Privacy Act, may be found in the FTC’s This matter concerns deceptive
[File No. 062 3042]
privacy policy, at http://www.ftc.gov/ practices by Budget with respect to an
Budget Rent-A-Car System, Inc.; ftc/privacy.htm. automatic, flat ‘‘EZ Fuel’’ fee it charges
Analysis of Proposed Consent Order to renters who drive fewer than 75
FOR FURTHER INFORMATION CONTACT: Lisa
to Aid Public Comment miles, regardless of whether they return
Rosenthal or Sarah Schroeder, FTC
their rental with a full gas tank, unless
Western Region, San Francisco, 600
AGENCY: Federal Trade Commission. they present a receipt. Budget has failed
Pennsylvania Avenue, NW, Washington,
ACTION: Proposed Consent Agreement. to adequately disclose the EZ Fuel fee
D.C. 20580, (415) 848-5100.
or how renters can have the fee
SUMMARY: The consent agreement in this SUPPLEMENTARY INFORMATION: Pursuant
reversed.
matter settles alleged violations of to section 6(f) of the Federal Trade The complaint alleges that Budget
federal law prohibiting unfair or Commission Act, 38 Stat. 721, 15 U.S.C. engaged in deceptive practices relating
deceptive acts or practices or unfair 1 The comment must be accompanied by an
to its EZ-Fuel program. The complaint
methods of competition. The attached explicit request for confidential treatment,
alleges that Budget has falsely
Analysis to Aid Public Comment represented that, if consumers return
rwilkins on PROD1PC63 with NOTICES

including the factual and legal basis for the request,


describes both the allegations in the and must identify the specific portions of the their rental vehicle with a full gas tank,
draft complaint and the terms of the comment to be withheld from the public record. they will not have to pay any fuel-
The request will be granted or denied by the
consent order—embodied in the consent Commission’s General Counsel, consistent with
related charge, fee, or cost. In numerous
agreement—that would settle these applicable law and the public interest. See instances, however, consumers who
allegations. Commission Rule 4.9(c), 16 CFR 4.9(c). drive their vehicle fewer than 75 miles

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Federal Register / Vol. 72, No. 230 / Friday, November 30, 2007 / Notices 67727

will have to pay the EZ Fuel fee, ‘‘sunsetting’’ the order after twenty (20) U.S. postal mail in the Washington area
regardless of whether they return the years, with certain exceptions. and at the Commission is subject to
vehicle with a full gas tank, unless they The purpose of this analysis is to delay due to heightened security
present a gas receipt. facilitate public comment on the precautions. Comments that do not
The complaint further alleges that proposed order, and it is not intended contain any nonpublic information may
Budget failed to disclose and failed to to modify the terms of the proposed instead be filed in electronic form as
disclose adequately that consumers who order in any way. part of or as an attachment to email
drive their rental vehicle fewer than 75 By direction of the Commission. messages directed to the following email
miles and refuel can have the EZ Fuel box: consentagreement@ftc.gov.
Donald S. Clark,
fee reversed only if they present a fuel The FTC Act and other laws the
Secretary.
receipt. In addition, Budget failed to Commission administers permit the
[FR Doc. E7–23293 Filed 11–29–07: 8:45 am]
disclose that consumers without collection of public comments to
BILLING CODE 6750–01–S
corporate accounts would have to consider and use in this proceeding as
present their fuel receipt inside at the appropriate. All timely and responsive
rental counter after returning their public comments, whether filed in
FEDERAL TRADE COMMISSION
rental vehicle and checking out on the paper or electronic form, will be
return lot. These facts would be material [File No. 071 0132] considered by the Commission, and will
to consumers in their rental transaction. be available to the public on the FTC
The failure to disclose these facts, in Schering-Plough Corporation; website, to the extent practicable, at
light of the representations made, was a Analysis of Agreement Containing www.ftc.gov. As a matter of discretion,
deceptive practice. Consent Orders to Aid Public the FTC makes every effort to remove
The proposed order contains Comment home contact information for
provisions designed to prevent Budget AGENCY: Federal Trade Commission. individuals from the public comments it
from engaging in similar acts and ACTION: Proposed Consent Agreement. receives before placing those comments
practices in the future. Part I prohibits on the FTC website. More information,
Budget from misrepresenting (A) that SUMMARY: The consent agreement in this including routine uses permitted by the
renters who return their vehicle with a matter settles alleged violations of Privacy Act, may be found in the FTC’s
full tank of gas will not incur any fuel- federal law prohibiting unfair or privacy policy, at http://www.ftc.gov/
related charges; (B) any fuel-related deceptive acts or practices or unfair ftc/privacy.htm.
charge, fee, cost, or requirement; or, (C) methods of competition. The attached FOR FURTHER INFORMATION CONTACT:
any charge, fee, or cost, or term or Analysis to Aid Public Comment Jacqueline K. Mendel, Bureau of
condition, relating to the rental of any describes both the allegations in the Competition, 600 Pennsylvania Avenue,
vehicle.’’ Part II of the proposed order draft complaint and the terms of the NW, Washington, D.C. 20580, (202)
requires that Budget disclose, clearly consent order—embodied in the consent 326–2603.
and conspicuously, at the time of rental agreement—that would settle these
transaction: (A) any fuel related charges, allegations. SUPPLEMENTARY INFORMATION: Pursuant
fee, or costs; (B) any material to section 6(f) of the Federal Trade
DATES: Comments must be received on Commission Act, 38 Stat. 721, 15 U.S.C.
requirements related to the fuel-related
or before December 19, 2007. 46(f), and § 2.34 of the Commission
charge; and (C) the manner, if any, in
which the renter can avoid such fuel- ADDRESSES: Interested parties are Rules of Practice, 16 CFR 2.34, notice is
related charges. Finally, Part III of the invited to submit written comments. hereby given that the above-captioned
proposed order prohibits Budget from Comments should refer to ‘‘Schering- consent agreement containing a consent
making any representation about the Plough, File No. 071 0132,’’ to facilitate order to cease and desist, having been
benefits, costs, or parameters of any the organization of comments. A filed with and accepted, subject to final
fuel-related option unless it discloses comment filed in paper form should approval, by the Commission, has been
clearly and conspicuously, and in close include this reference both in the text placed on the public record for a period
proximity to the representation, any and on the envelope, and should be of thirty (30) days. The following
material terms or conditions relating to mailed or delivered to the following Analysis to Aid Public Comment
that fuel option. These conduct address: Federal Trade Commission/ describes the terms of the consent
provisions prohibit the deceptive Office of the Secretary, Room 135-H, agreement, and the allegations in the
practices alleged in the complaint, but 600 Pennsylvania Avenue, N.W., complaint. An electronic copy of the
do not prohibit Budget from imposing Washington, D.C. 20580. Comments full text of the consent agreement
fuel-related charges, so long as such containing confidential material must be package can be obtained from the FTC
charges are disclosed as required by the filed in paper form, must be clearly Home Page (for November 16, 2007), on
proposed order. labeled ‘‘Confidential,’’ and must the World Wide Web, at http://
Parts IV through VII of the proposed comply with Commission Rule 4.9(c). www.ftc.gov/os/2007/11/index.htm. A
order are reporting and compliance 16 CFR 4.9(c) (2005).1 The FTC is paper copy can be obtained from the
provisions. Part IV requires Budget to requesting that any comment filed in FTC Public Reference Room, Room 130–
retain documents relating to its paper form be sent by courier or H, 600 Pennsylvania Avenue, NW,
compliance with the order. Part V overnight service, if possible, because Washington, D.C. 20580, either in
requires dissemination of the order now person or by calling (202) 326–2222.
1 The comment must be accompanied by an
and in the future to persons with explicit request for confidential treatment,
Public comments are invited, and may
responsibilities relating to the subject be filed with the Commission in either
rwilkins on PROD1PC63 with NOTICES

including the factual and legal basis for the request,


matter of the order. Part VI ensures and must identify the specific portions of the paper or electronic form. All comments
notification to the FTC of changes in comment to be withheld from the public record. should be filed as prescribed in the
The request will be granted or denied by the
corporate status. Part VII mandates that Commission’s General Counsel, consistent with
ADDRESSES section above, and must be
Budget submit compliance reports to the applicable law and the public interest. See received on or before the date specified
FTC. Part VIII is a provision Commission Rule 4.9(c), 16 CFR 4.9(c). in the DATES section.

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