Agency Information Collection Activities: Proposed Collection; Comments Requested: Controlled Substances Import/Export Declaration-DEA Form 236, 14993-14994 [2011-6410]
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Emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 53 / Friday, March 18, 2011 / Notices
(3) Lack of substitute products to
petroleum needle coke.
Neither pitch needle coke nor anode
coke can neither be mixed with the
petroleum needle coke, nor less serve as
a complete substitute for petroleum
needle coke. It is fully described in
paragraphs 12–14, Section IV of the
Complaint.
(4) Low-elasticity of demand for the
goods, which means that increasing the
price for the goods does not entail
reducing the demand for it, which in
turn is caused by the fact that the
volume of demand exceeds the supply
of goods on the market.2
All the above indicates that the world
petroleum needle coke market is
oligopolistic (market of collective
dominance), so that each participant of
the market, including the Seadrift
company, occupies a dominant position
and has a large market weight,
regardless of the size of its market
share.3
This fact in itself is a cause for
heightened attention to the behavior of
each such entity on the market because
abuse by such entity a dominant
position leads to serious negative
consequences for competition.
In this situation Seadrift—a company
with a dominant market position of the
petroleum needle coke is acquired by
the company, which is the world’s
largest producer of graphite electrode
UHP.
This acquisition creates a situation
where the production volume of
petroleum needle coke and sales policy
of this raw material to the producers of
graphite electrodes is determined by
another producer of graphite
electrodes—their direct competitor. This
situation creates a wide field for abuse
and may lead to a significant
deterioration of competition not only in
the petroleum needle coke, but also in
the market of graphite electrode UHP.
Section III of the Competitive Impact
Statement states: ‘‘GrafTech anticipates
substantial, merger-specific efficiencies
by internal consumption of Seadrift
petroleum needle coke, which would
allow the elimination of double
margins. Should this result in lower
GrafTech prices for graphite electrodes
downstream, it likely would incentivize
other graphite electrodes competitors to
reduce prices in response of that
competition’’.
We do not believe that these
conclusions are correct and, on the
2 Reducing
the price of petroleum needle coke,
and consequently reducing the volume of its sales
in 2009 is not indicative, because it is caused by
the global financial crisis.
3 The Competitive Impact Statement states that
the Seadrift world market share is 19%.
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contrary, we would like to indicate the
following possible ways to abuse by
GrafTech and Seadrift companies:
(1) GrafTech may use the control over
the supply of petroleum needle coke
produced by Seadrift company to
reduce the production of petroleum
needle coke and higher prices for
graphite electrodes.
By limiting the supply of petroleum
needle coke GrafTech may interfere
other producers of graphite electrodes to
deliver the required amount of graphite
electrodes to maintain the same level of
production in industry.
(2) Prices for needle coke produced by
Seadrift for other customers may be
raised; so GrafTech may increase its
market share at the expense of other
producers of graphite electrodes because
they couldn’t provide consumers as low
price for electrodes as GrafTech did.
(3) GrafTech may use the methods of
unfair competition, forcing Seadrift
waive or deviate without good reason to
conclude contracts with particular
buyers, to set different prices for coke
for different customers, to impose
needle coke consumers contract terms
not profitable for them. This creates a
situation where market players will be
in different conditions and products of
some may become uncompetitive.
In conclusion, we would like to draw
attention to one point.
The market of petroleum needle coke
and graphite electrodes UHP market are
global and the Russian market is its
integral part.
According to Russian law, if the
transaction made outside the territory of
the Russian Federation may have an
impact on the state of competition in the
Russian Federation it is subject to
agreement with the Federal
Antimonopoly Service of the Russian
Federation. To our knowledge, Seadrift
and GrafTech companies did not receive
such approval, and therefore violated
the laws of the Russian Federation.
Summarizing up the above said in its
Complaint, the United States
represented by Antitrust Division of the
U.S. Department of Justice do not cover
all the negative effects of the acquisition
in question, but analyze only one aspect
of it. But even in this aspect the
measures stipulated by the proposed
Final Judgment are not adequate and
sufficient to prevent damage by the
competition.
Public interests are to create
maximum favorable conditions for the
functioning of free market economy
with there are separate, independent
entities. The acquisition of Seadrift by
GrafTech is inherently anticompetitive—GrafTech—the largest
consumer of petroleum needle coke
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14993
acquires the largest producer of
petroleum needle coke, which forms the
basis for discrimination of all other
customers of this raw material in the
whole world, which will negatively
affect not only producers of graphite
electrodes, but also producers of electric
steel. In this connection the proposed
Final Judgment by definition does not
and can not be in the public interest,
since the transaction should not be
performed and approved under any
circumstances, and therefore any
proposed measures do not compensate
for the damage which will be caused to
competition in the petroleum needle
coke market as well as and graphite
electrodes market UHP that will
negatively impact the electric steel
market.
Based on the foregoing,
ENERGOPROM Group requests
Antitrust Division of the U.S.
Department of Justice to withdraw its
consent to the proposed Final Judgment.
Attachments:
—Articles of Association of CJSC
‘‘ENERGOPROM MANAGEMENT’’;
—Certificate of state registration of CJSC
‘‘ENERGOPROM MANAGEMENT’’;
—Decision of the sole shareholder on
the appointment of the General
Director of the company.
All documents are appostilled and
translated into English.
Contacts: Closed Joint Stock Company
<<ENERGOPROM MANAGEMENT>>
123001, Russia, Moscow, SadovayaKudrinskaya, 32/1, Tel +7 495 789 96
46, fax +7 495 789 96 47, Web-site:
www.energoprom.ru, Contact e-mail:
nproskurdina@energoprom.ru.
Sincerely yours,
General Director Nadtochy A.
[FR Doc. 2011–6182 Filed 3–17–11; 8:45 am]
BILLING CODE 4410–11–M
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[OMB Number 1117–0009]
Agency Information Collection
Activities: Proposed Collection;
Comments Requested: Controlled
Substances Import/Export
Declaration—DEA Form 236
60-Day Notice of Information
Collection Under Review.
ACTION:
The Department of Justice (DOJ), Drug
Enforcement Administration (DEA), will
be submitting the following information
collection request to the Office of
Management and Budget (OMB) for
review and approval in accordance with
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18MRN1
Emcdonald on DSK2BSOYB1PROD with NOTICES
14994
Federal Register / Vol. 76, No. 53 / Friday, March 18, 2011 / Notices
the Paperwork Reduction Act of 1995.
The proposed information collection is
published to obtain comments from the
public and affected agencies. Comments
are encouraged and will be accepted
until May 17, 2011. This process is
conducted in accordance with 5 CFR
1320.10.
If you have comments, especially on
the estimated public burden or
associated response time, suggestions,
or need a copy of the proposed
information collection instrument with
instructions or additional information,
please contact Cathy A. Gallagher,
Acting Chief, Liaison and Policy
Section, Office of Diversion Control,
Drug Enforcement Administration, 8701
Morrissette Drive, Springfield, VA
22152; telephone: (202) 307–7297.
Written comments concerning this
information collection should be sent to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget, Attn: DOJ Desk Officer. The best
way to ensure your comments are
received is to email them to oira_
submission@omb.eop.gov or fax them to
202–395–7285. All comments should
reference the 8 digit OMB number for
the collection or the title of the
collection. If you have questions
concerning the collection, please call
Cathy A. Gallagher at 202–307–7297 or
the DOJ Desk Officer at 202–395–3176.
Written comments and suggestions
from the public and affected agencies
concerning the proposed collection of
information are encouraged. Your
comments should address one or more
of the following four points:
—Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
—Evaluate the accuracy of the
agencies estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
—Enhance the quality, utility, and
clarity of the information to be
collected; and
—Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
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Overview of This Information
Collection
(1) Type of Information Collection:
Extension of a currently approved
collection
(2) Title of the Form/Collection:
Controlled Substances Import/Export
Declaration—DEA Form 236.
(3) Agency form number, if any, and
the applicable component of the
Department sponsoring the collection:
Form number: DEA Form 236.
Component: Office of Diversion
Control, Drug Enforcement
Administration, U.S. Department of
Justice
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract:
Primary: Business or other for-profit.
Other: None.
Abstract: DEA–236 provides the DEA
with control measures over the
importation and exportation of
controlled substances as required by
United States drug control laws and
international treaties.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: It is estimated that there are
313 respondents, 5,709 annual
responses, and that each response takes
18 minutes to complete.
(6) An estimate of the total public
burden (in hours) associated with the
collection: 1,712.7 annual burden hours.
If additional information is required,
contact: Lynn Murray, Department
Clearance Officer, Policy and Planning
Staff, Justice Management Division,
Department of Justice, Two Constitution
Square, 145 N Street, NE., Suite 2E–808,
Washington, DC 20530.
Dated: March 15, 2011.
Lynn Murray,
Department Clearance Officer, PRA, U.S.
Department of Justice.
[FR Doc. 2011–6410 Filed 3–17–11; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[OMB Number 1117–0024]
Agency Information Collection
Activities: Proposed Collection;
Comments Requested: Reports of
Suspicious Orders or Theft/Loss of
Listed Chemicals/Machines
60-Day Notice of Information
Collection Under Review.
ACTION:
The Department of Justice (DOJ), Drug
Enforcement Administration (DEA), will
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be submitting the following information
collection request to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995.
The proposed information collection is
published to obtain comments from the
public and affected agencies. Comments
are encouraged and will be accepted
until May 17, 2011. This process is
conducted in accordance with 5 CFR
1320.10.
If you have comments, especially on
the estimated public burden or
associated response time, suggestions,
or need a copy of the proposed
information collection instrument with
instructions or additional information,
please contact Cathy A. Gallagher,
Acting Chief, Liaison and Policy
Section, Office of Diversion Control,
Drug Enforcement Administration, 8701
Morrissette Drive, Springfield, VA
22152; telephone: (202) 307–7297.
Written comments concerning this
information collection should be sent to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget, Attn: DOJ Desk Officer. The best
way to ensure your comments are
received is to email them to
oira_submission@omb.eop.gov or fax
them to 202–395–7285. All comments
should reference the 8 digit OMB
number for the collection or the title of
the collection. If you have questions
concerning the collection, please call
Cathy A. Gallagher at 202–307–7297 or
the DOJ Desk Officer at 202–395–3176.
Written comments and suggestions
from the public and affected agencies
concerning the proposed collection of
information are encouraged. Your
comments should address one or more
of the following four points:
—Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
—Evaluate the accuracy of the agencies
estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
—Enhance the quality, utility, and
clarity of the information to be
collected; and
—Minimize the burden of the collection
of information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms
of information technology, e.g.,
permitting electronic submission of
responses.
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]]>Agencies
[Federal Register Volume 76, Number 53 (Friday, March 18, 2011)]
[Notices]
[Pages 14993-14994]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6410]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[OMB Number 1117-0009]
Agency Information Collection Activities: Proposed Collection;
Comments Requested: Controlled Substances Import/Export Declaration--
DEA Form 236
ACTION: 60-Day Notice of Information Collection Under Review.
-----------------------------------------------------------------------
The Department of Justice (DOJ), Drug Enforcement Administration
(DEA), will be submitting the following information collection request
to the Office of Management and Budget (OMB) for review and approval in
accordance with
[[Page 14994]]
the Paperwork Reduction Act of 1995. The proposed information
collection is published to obtain comments from the public and affected
agencies. Comments are encouraged and will be accepted until May 17,
2011. This process is conducted in accordance with 5 CFR 1320.10.
If you have comments, especially on the estimated public burden or
associated response time, suggestions, or need a copy of the proposed
information collection instrument with instructions or additional
information, please contact Cathy A. Gallagher, Acting Chief, Liaison
and Policy Section, Office of Diversion Control, Drug Enforcement
Administration, 8701 Morrissette Drive, Springfield, VA 22152;
telephone: (202) 307-7297.
Written comments concerning this information collection should be
sent to the Office of Information and Regulatory Affairs, Office of
Management and Budget, Attn: DOJ Desk Officer. The best way to ensure
your comments are received is to email them to oira_submission@omb.eop.gov or fax them to 202-395-7285. All comments should
reference the 8 digit OMB number for the collection or the title of the
collection. If you have questions concerning the collection, please
call Cathy A. Gallagher at 202-307-7297 or the DOJ Desk Officer at 202-
395-3176.
Written comments and suggestions from the public and affected
agencies concerning the proposed collection of information are
encouraged. Your comments should address one or more of the following
four points:
--Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
--Evaluate the accuracy of the agencies estimate of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used;
--Enhance the quality, utility, and clarity of the information to
be collected; and
--Minimize the burden of the collection of information on those who
are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of This Information Collection
(1) Type of Information Collection: Extension of a currently
approved collection
(2) Title of the Form/Collection: Controlled Substances Import/
Export Declaration--DEA Form 236.
(3) Agency form number, if any, and the applicable component of the
Department sponsoring the collection:
Form number: DEA Form 236.
Component: Office of Diversion Control, Drug Enforcement
Administration, U.S. Department of Justice
(4) Affected public who will be asked or required to respond, as
well as a brief abstract:
Primary: Business or other for-profit.
Other: None.
Abstract: DEA-236 provides the DEA with control measures over the
importation and exportation of controlled substances as required by
United States drug control laws and international treaties.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: It is estimated
that there are 313 respondents, 5,709 annual responses, and that each
response takes 18 minutes to complete.
(6) An estimate of the total public burden (in hours) associated
with the collection: 1,712.7 annual burden hours.
If additional information is required, contact: Lynn Murray,
Department Clearance Officer, Policy and Planning Staff, Justice
Management Division, Department of Justice, Two Constitution Square,
145 N Street, NE., Suite 2E-808, Washington, DC 20530.
Dated: March 15, 2011.
Lynn Murray,
Department Clearance Officer, PRA, U.S. Department of Justice.
[FR Doc. 2011-6410 Filed 3-17-11; 8:45 am]
BILLING CODE 4410-09-P
