National Institute for Occupational Safety and Health; Decision To Evaluate a Petition To Designate a Class of Employees at the Linde Ceramics Plant, Tonawanda, NY, To Be Included in the Special Exposure Cohort, 65859-65860 [E8-26366]

Download as PDF Federal Register / Vol. 73, No. 215 / Wednesday, November 5, 2008 / Notices hsrobinson on PROD1PC76 with NOTICES useful role for continued antitrust scrutiny of RPM. * * * At this early stage of the application of Leegin by the lower courts and the Commission, the Leegin factors can serve as helpful guides to begin an assessment of when RPM deserves closer scrutiny. Through the Commission’s own enforcement work, research, and external consultations such as workshops, we anticipate further refinements to this analysis, including the further specification of scenarios in which RPM poses potential hazards and those in which it does not. Nine West, supra n. 11 at 9-14 (citations omitted). By holding these Workshops, the FTC hopes to identify the market facts, circumstances, and conditions under which the use of RPM is likely to be procompetitive or benign, as opposed to anticompetitive and harmful to consumers. The Commission believes that an appropriate antitrust approach to RPM requires the means for distinguishing permissible from impermissible conduct in varied circumstances. Moreover, those means should provide reasonable guidance to businesses attempting to evaluate the legality of proposed conduct before undertaking it. The development of clear standards that both protect consumers and enable businesses to adopt strategies that comply with the antitrust laws presents some of the most complex issues facing the Commission, the courts, and the antitrust bar. Given this challenge—and because antitrust analysis must reflect the particular market facts and circumstances within which a restraint has been adopted—the FTC encourages commenters to describe actual examples of RPM that the FTC should consider in the context of the Workshop, discuss the business reasons for the conduct, and the actual or likely competitive effects of the conduct. Illustrative Questions for Consideration With Respect to the RPM Usages That the Commenter Discusses. Commenters should indicate whether responses would change if the conduct is an express RPM agreement or an RPM arrangement that achieves its outcome under a Colgate policy.13 Commenters 13 A manufacturer uses a Colgate policy when it does not ask retailers for any agreement regarding resale prices; rather, the manufacturer announces in advance that it will only sell its products to retailers that resell those products at or above the prices it specifies, and then enforces the policy by deciding unilaterally that it will refuse to make any future sales of its products to any retailer who has violated VerDate Aug<31>2005 17:24 Nov 04, 2008 Jkt 217001 should also indicate whether responses would differ if the arrangement were directed toward different industry levels (e.g., retail, wholesale, or manufacturer). 1. How should the structure of the market and the market shares of participants be taken into account in analyzing RPM? 2. Are there other specific market facts or circumstances that might have an impact on the likely competitive effects of RPM under the circumstances described? Without limiting the scope of this question, commenters are specifically invited to comment on the effect on marginal and inframarginal consumers. 3. What are the business reasons (e.g., management, marketing, financial, etc.) for the use of RPM? Are there alternative business strategies available to achieve the same results? What factors, including any cost savings, entered the decision to use RPM to achieve the desired result? 4. To what extent does uncertainty regarding the legality of RPM under state law affect the decision to use RPM? 5. What are the likely procompetitive and anticompetitive effects of RPM under the circumstances described? 6. What strategies might competitors use to respond to a loss of sales to a firm that uses RPM? 7. Under what market conditions is the use of RPM likely either to promote or hinder market entry by other manufacturers or retailers? 8. Are there industries where the use of RPM is prominent? 9. Are there any original theoretical, analytical or empirical studies on the nature or competitive effects of RPM or alternatives to RPM that should be brought to the attention of the Commission? 10. What tests or standards should courts or enforcement agencies use in assessing whether particular conduct violates Sections 1 or 5? Commenters are specifically requested to assess whether the test or standard applicable to a particular usage of RPM might vary based on particular market facts or circumstances. Additionally, are there particular market facts and circumstances where the approach established by the Court of Appeals for the District of Columbia Circuit in Polygram Holding, Inc. v. Fed. Trade Comm’n, 416 F. 3d (D.C. Cir. 2005), would or would not be appropriate? its pricing policies. These arrangements take their name from the Supreme Court’s decision in United States v. Colgate & Co., 250 U.S. 300, 307-8 (1919) (distinguishing Dr. Miles on the ground that the ‘‘unlawful combination [in that case] was effected through contracts which undertook to prevent dealers from freely exercising the right to sell’’). PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 65859 By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. E8–26404 Filed 11–4–08: 8:45 am] BILLING CODE 6750–01–S GENERAL SERVICES ADMINISTRATION Multiple Award Schedule Advisory Panel; Notification of Public Advisory Panel Meeting/SUBJECT≤ U.S. General Services Administration (GSA). ACTION: Notice. AGENCY: SUMMARY: The U.S. General Services Administration’s (GSA) Multiple Award Schedule Advisory Panel (MAS Panel), a Federal Advisory Committee, meeting scheduled for October 27, 2008 was cancelled. Dated: October 30, 2008. David A. Drabkin, Deputy Chief Acquisition Officer, Office of the Chief Acquisition Officer, General Services Administration. [FR Doc. E8–26323 Filed 11–04–08; 8:45 am] BILLING CODE 6820–EP–S DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institute for Occupational Safety and Health; Decision To Evaluate a Petition To Designate a Class of Employees at the Linde Ceramics Plant, Tonawanda, NY, To Be Included in the Special Exposure Cohort National Institute for Occupational Safety and Health (NIOSH), Department of Health and Human Services (HHS). ACTION: Notice. AGENCY: SUMMARY: The Department of Health and Human Services (HHS) gives notice as required by 42 CFR 83.12(e) of a decision to evaluate a petition to designate a class of employees at the Linde Ceramics Plant, Tonawanda, New York, 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: Linde Ceramics Plant. Location: Tonawanda, New York. Job Titles and/or Job Duties: All employees. E:\FR\FM\05NON1.SGM 05NON1 65860 Federal Register / Vol. 73, No. 215 / Wednesday, November 5, 2008 / Notices Period of Employment: January 1, 1954 through July 31, 2006 (during the applicable covered residual radiation period). FOR FURTHER INFORMATION CONTACT: Larry Elliott, Director, Office of Compensation Analysis and Support, National Institute for Occupational Safety and Health (NIOSH), 4676 Columbia Parkway, MS C–46, Cincinnati, OH 45226, Telephone 513– 533–6800 (this is not a toll-free number). Information requests can also be submitted by e-mail to OCAS@CDC.GOV. Dated: October 16, 2008. Christine M. Branche, Acting Director, National Institute for Occupational Safety and Health. [FR Doc. E8–26366 Filed 11–4–08; 8:45 am] BILLING CODE 4163–19–P both CDC and the Agency for Toxic Substances and Disease Registry. Dated: October 27, 2008. Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. E8–26295 Filed 11–4–08; 8:45 am] BILLING CODE 4163–18–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [NIOSH–008 (Powered Air-Purifying Respirators); NIOSH–148 (Air Fed Suits); NIOSH–034 (Open-Circuit, Self-Contained Breathing Apparatus, End of Service Life Indicator); NIOSH–0146 (Personal Protective Technology Action Planning)] Notice of a Public Meeting National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS). ACTION: Notice of a public meeting. AGENCY: DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): Health Promotion and Disease Prevention Research Centers, Panel B, Funding Opportunity Announcement (FOA) DP09–001 hsrobinson on PROD1PC76 with NOTICES In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92–463), the Centers for Disease Control and Prevention (CDC) announces the aforementioned meeting. Time and Date: 8:30 a.m.–5 p.m., January 13, 2009 (Closed). 8:30 a.m.–5 p.m., January 14, 2009 (Closed). Place: W Hotel, Atlanta Midtown, 188 14th Street, NE., Atlanta, GA 30361. Status: The meeting will be closed to the public in accordance with provisions set forth in Section 552b(c) (4) and (6), Title 5 U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92–463. Matters To Be Discussed: The meeting will include the review, discussion, and evaluation of applications received in response to ‘‘Health Promotion and Disease Prevention Research Centers, Panel B, FOA DP09–001.’’ Contact Person for More Information: Juliana K. Cyril, Ph.D., M.P.H., Health Scientist, Office of the Director, Office of the Chief Science Officer, CDC, 1600 Clifton Road, NE., Mailstop D72, Atlanta, GA 30333, Telephone: (404) 639–4639. The Director, Management Analysis and Services Office, has been delegated the authority to sign Federal Register notices pertaining to announcements of meetings and other committee management activities, for VerDate Aug<31>2005 17:24 Nov 04, 2008 Jkt 217001 SUMMARY: The National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC) announces the availability of the following public meeting to discuss NIOSH’s Respirator Standards Development Efforts and the Personal Protective Technology (PPT) Program Action Planning Efforts. Authority: Occupational Safety and Health Act, 29 U.S.C. 651 et seq. Public Meeting Time and Date: 8:30 a.m.–5 p.m., December 2, 2008. On-site registration will be held beginning at 7:45 a.m. Place: Hyatt Regency Pittsburgh International Airport, 1111 Airport Boulevard, Pittsburgh, Pennsylvania 15231. Interested parties should make hotel reservations directly with the Hyatt Regency Pittsburgh International Airport by calling (800) 233–1234, before the cut-off date of November 17, 2008. You must reference the NIOSH room block to receive the special group rate of $114.00 per night that has been negotiated for meeting guests. Purpose of Meeting: The NIOSH, National Personal Protective Technology Laboratory (NPPTL), will conduct a public meeting to discuss current respirator standards development projects for powered airpurifying respirators (PAPR); air fed suits; and open-circuit, self-contained PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 breathing apparatus, end of service life indicators. The NIOSH Personal Protective Technology program action planning to address National Academies program evaluation recommendations will also be discussed. There will be an opportunity for discussion following NIOSH’s presentations and an accompanying poster session discussing PAPR. Status: The meeting will be open to the public, limited only by the space available. The meeting room accommodates approximately 200 people. Requests to make presentations at the public meeting should be mailed to the NIOSH Docket Officer, Robert A. Taft Laboratories, Mailstop C34, 4676 Columbia Parkway, Cincinnati, Ohio 45226. Requests may also be submitted by telephone (513) 533–8611, facsimile (513) 533–8285, or e-mailed to niocindocket@cdc.gov. All requests to present should contain the name, address, and telephone number, relevant business affiliations of the presenter, topic of the presentation, and the approximate time requested for the presentation. Oral presentations should be limited to 15 minutes. After reviewing the requests for presentations, NIOSH will notify the presenter that their presentation is scheduled. If a participant is not present when their presentation is scheduled to begin, the remaining participants will be heard in order. At the conclusion of the meeting, an attempt will be made to allow presentations by any scheduled participants who missed their assigned times. Attendees who wish to speak but did not submit a request for the opportunity to make a presentation may be given this opportunity at the conclusion of the meeting, at the discretion of the presiding officer. Background: NIOSH will present information to attendees concerning the development of the concepts being considered for the development of performance criteria for the various classes of respirators. Participants will be given an opportunity to ask questions and to present individual comments that they may wish to have considered. Contact Person for Technical Information: Jonathan Szalajda, Branch Chief, NPPTL, Policy and Standards Development Branch, Post Office Box 18070, 626 Cochrans Mill Road, Pittsburgh, Pennsylvania 15236, telephone (412) 386–5200, facsimile (412) 386–4089, e-mail npptlevents@cdc.gov. Information regarding documents that will be discussed at the meeting may be obtained from the NIOSH web site using this link: http://www.cdc.gov/niosh/ E:\FR\FM\05NON1.SGM 05NON1

Agencies

[Federal Register Volume 73, Number 215 (Wednesday, November 5, 2008)]
[Notices]
[Pages 65859-65860]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26366]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES


National Institute for Occupational Safety and Health; Decision 
To Evaluate a Petition To Designate a Class of Employees at the Linde 
Ceramics Plant, Tonawanda, NY, To Be Included in the Special Exposure 
Cohort

AGENCY: National Institute for Occupational Safety and Health (NIOSH), 
Department of Health and Human Services (HHS).

ACTION: Notice.

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SUMMARY: The Department of Health and Human Services (HHS) gives notice 
as required by 42 CFR 83.12(e) of a decision to evaluate a petition to 
designate a class of employees at the Linde Ceramics Plant, Tonawanda, 
New York, 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: Linde Ceramics Plant.
    Location: Tonawanda, New York.
    Job Titles and/or Job Duties: All employees.

[[Page 65860]]

    Period of Employment: January 1, 1954 through July 31, 2006 (during 
the applicable covered residual radiation period).

FOR FURTHER INFORMATION CONTACT: Larry Elliott, Director, Office of 
Compensation Analysis and Support, National Institute for Occupational 
Safety and Health (NIOSH), 4676 Columbia Parkway, MS C-46, Cincinnati, 
OH 45226, Telephone 513-533-6800 (this is not a toll-free number). 
Information requests can also be submitted by e-mail to OCAS@CDC.GOV.

    Dated: October 16, 2008.
Christine M. Branche,
Acting Director, National Institute for Occupational Safety and Health.
 [FR Doc. E8-26366 Filed 11-4-08; 8:45 am]
BILLING CODE 4163-19-P