Senior Executive Service Performance Review Board, 51884-51885 [2016-18614]
Download as PDF
51884
Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices
FEDERAL DEPOSIT INSURANCE
CORPORATION
Notice to All Interested Parties of the
Termination of the Receivership of
10508, Frontier Bank, FSB, Palm
Desert, California
NOTICE IS HEREBY GIVEN that the
Federal Deposit Insurance Corporation
(‘‘FDIC’’) as Receiver for Frontier Bank,
FSB, Palm Desert, California (‘‘the
Receiver’’) intends to terminate its
receivership for said institution. The
FDIC was appointed receiver of Frontier
Bank, FSB on November 7, 2014. The
liquidation of the receivership assets
has been completed. To the extent
permitted by available funds and in
accordance with law, the Receiver will
be making a final dividend payment to
proven creditors.
Based upon the foregoing, the
Receiver has determined that the
continued existence of the receivership
will serve no useful purpose.
Consequently, notice is given that the
receivership shall be terminated, to be
effective no sooner than thirty days after
the date of this Notice. If any person
wishes to comment concerning the
termination of the receivership, such
comment must be made in writing and
sent within thirty days of the date of
this Notice to: Federal Deposit
Insurance Corporation, Division of
Resolutions and Receiverships,
Attention: Receivership Oversight
Department 34.6, 1601 Bryan Street,
Dallas, TX 75201.
No comments concerning the
termination of this receivership will be
considered which are not sent within
this time frame.
Dated: August 1, 2016.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2016–18553 Filed 8–4–16; 8:45 am]
BILLING CODE 6714–01–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
mstockstill on DSK3G9T082PROD with NOTICES
Notice to All Interested Parties of the
Termination of the Receivership of
10272, Coastal Community Bank,
Panama City Beach, Florida
Notice is hereby given that the Federal
Deposit Insurance Corporation (‘‘FDIC’’)
as Receiver for Coastal Community
Bank, Panama City Beach, Florida (‘‘the
Receiver’’) intends to terminate its
receivership for said institution. The
FDIC was appointed receiver of Coastal
Community Bank on July 30, 2010. The
liquidation of the receivership assets
VerDate Sep<11>2014
17:42 Aug 04, 2016
Jkt 238001
has been completed. To the extent
permitted by available funds and in
accordance with law, the Receiver will
be making a final dividend payment to
proven creditors.
Based upon the foregoing, the
Receiver has determined that the
continued existence of the receivership
will serve no useful purpose.
Consequently, notice is given that the
receivership shall be terminated, to be
effective no sooner than thirty days after
the date of this Notice. If any person
wishes to comment concerning the
termination of the receivership, such
comment must be made in writing and
sent within thirty days of the date of
this Notice to: Federal Deposit
Insurance Corporation, Division of
Resolutions and Receiverships,
Attention: Receivership Oversight
Department 34.6, 1601 Bryan Street,
Dallas, TX 75201.
No comments concerning the
termination of this receivership will be
considered which are not sent within
this time frame.
Dated: August 2, 2016.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2016–18596 Filed 8–4–16; 8:45 am]
BILLING CODE 6714–01–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
Notice to All Interested Parties of the
Termination of the Receivership of
10271, Bayside Savings Bank, Port
Saint Joe, Florida
NOTICE IS HEREBY GIVEN that the
Federal Deposit Insurance Corporation
(‘‘FDIC’’) as Receiver for Bayside
Savings Bank, Port Saint Joe, Florida
(‘‘the Receiver’’) intends to terminate its
receivership for said institution. The
FDIC was appointed receiver of Bayside
Savings Bank on July 30, 2010. The
liquidation of the receivership assets
has been completed. To the extent
permitted by available funds and in
accordance with law, the Receiver will
be making a final dividend payment to
proven creditors.
Based upon the foregoing, the
Receiver has determined that the
continued existence of the receivership
will serve no useful purpose.
Consequently, notice is given that the
receivership shall be terminated, to be
effective no sooner than thirty days after
the date of this Notice. If any person
wishes to comment concerning the
termination of the receivership, such
comment must be made in writing and
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
sent within thirty days of the date of
this Notice to: Federal Deposit
Insurance Corporation, Division of
Resolutions and Receiverships,
Attention: Receivership Oversight
Department 34.6, 1601 Bryan Street,
Dallas, TX 75201.
No comments concerning the
termination of this receivership will be
considered which are not sent within
this time frame.
Dated: August 1, 2016.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2016–18552 Filed 8–4–16; 8:45 am]
BILLING CODE 6714–01–P
FEDERAL LABOR RELATIONS
AUTHORITY
Senior Executive Service Performance
Review Board
Federal Labor Relations
Authority.
ACTION: Notice.
AGENCY:
The Federal Labor Relations
Authority (FLRA) publishes the names
of the persons selected to serve on its
SES Performance Review Board (PRB).
This notice supersedes all previous
notices of the PRB membership.
DATES: Upon publication.
ADDRESSES: Written comments about
this final rule can be emailed to
EngagetheFLRA@flra.gov or sent to the
Case Intake and Publication Office,
Federal Labor Relations Authority, 1400
K Street NW., Washington, DC 20424.
All written comments will be available
for public inspection during normal
business hours at the Case Intake and
Publication Office.
FOR FURTHER INFORMATION CONTACT: Gina
Grippando, Counsel for Regulatory and
Public Affairs, Federal Labor Relations
Authority, Washington, DC 20424, (202)
218–7776.
SUPPLEMENTARY INFORMATION: Section
4314(c) of Title 5, U.S.C. requires each
agency to establish, in accordance with
regulations prescribed by the Office of
Personnel Management, one or more
PRBs. The PRB shall review and
evaluate the initial appraisal of a senior
executive’s performance by the
supervisor, along with any response by
the senior executive, and make
recommendations to the final rating
authority relative to the performance of
the senior executive.
The following individuals have been
selected to serve on the FLRA’s PRB:
Sarah Whittle Spooner, Executive
Director; Peter A. Sutton, Deputy
SUMMARY:
E:\FR\FM\05AUN1.SGM
05AUN1
Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices
General Counsel; Richard S. Jones,
Atlanta Regional Director; William R.
Tobey, Chief Counsel; Kimberly D.
Moseley, Executive Director, Federal
Service Impasses Panel; and Bruce
Gripe, Chief Operating Officer, Office of
Special Counsel.
Dated: August 3, 2016.
Sarah Whittle Spooner,
Executive Director.
[FR Doc. 2016–18614 Filed 8–4–16; 8:45 am]
BILLING CODE P
FEDERAL TRADE COMMISSION
[File No. 1410042; Docket No. C–4586]
Victrex, plc; Invibio, Limited; and
Invibio, Inc.
Federal Trade Commission.
Consent Order and Statement of
the Commission.
AGENCY:
ACTION:
The Commission has
approved a final consent order in this
matter, settling alleged violations of
federal law prohibiting unfair methods
of competition, and has issued a
Statement of the Commission. The
attached Analysis to Aid Public
Comment and Statement of the
Commission describe both the
allegations in the Complaint and the
terms of the Decision and Order.
DATES: Issued on July 13, 2016.
SUPPLEMENTARY INFORMATION:
SUMMARY:
mstockstill on DSK3G9T082PROD with NOTICES
Analysis of Agreement Containing
Consent Order To Aid Public Comment
I. Introduction
The Federal Trade Commission has
approved a final consent order with
Victrex plc and its wholly owned
subsidiaries Invibio Limited and
Invibio, Inc. (collectively, ‘‘Invibio’’).
Invibio makes and sells implant-grade
PEEK, a high-performance polymer
contained in implantable devices used
in spinal interbody fusion and other
medical procedures. The order seeks to
address allegations that Invibio used
exclusive supply contracts to maintain
its monopoly power in the market for
implant-grade PEEK, in violation of
Section 5 of the Federal Trade
Commission Act, 15 U.S.C. 45.
The order requires Invibio to cease
and desist from enforcing most
exclusivity terms in current supply
contracts and generally prohibits Invibio
from requiring exclusivity in future
contracts. The order also prevents
Invibio from adopting other
mechanisms, such as market-share
discounts or retroactive volume
discounts, to maintain its monopoly
power.
VerDate Sep<11>2014
18:10 Aug 04, 2016
Jkt 238001
The order was placed on the public
record for 30 days in order to receive
comments from interested persons.
Comments received during this period
became part of the public record. After
the public comment period, the
Commission determined to make the
proposed order final.
The purpose of this analysis, which
was placed on the Commission Web site
on April 27, 2016, was to facilitate
public comment on the proposed order.
It is not intended to constitute an
official interpretation of the complaint,
the consent agreement, or the order, or
to modify their terms in any way. The
consent agreement is for settlement
purposes only and does not constitute
an admission by Invibio that the law has
been violated as alleged in the
complaint or that the facts alleged in the
complaint, other than jurisdictional
facts, are true.
II. The Complaint
The complaint makes the following
allegations.
A. Industry Background
Implant-grade PEEK has properties,
such as elasticity, machinability, and
radiolucency, that are distinct from
other materials used in implantable
medical devices, such as titanium and
bone. These properties make PEEK
especially suitable for many types of
implantable medical devices,
particularly spinal interbody fusion
devices. Invibio was the first company
to develop and sell implant-grade PEEK.
The United States Food and Drug
Administration (‘‘FDA’’) first cleared a
medical device containing Invibio PEEK
in 1999. Upon introducing implantgrade PEEK, Invibio sold the product to
its medical device maker customers
under long-term supply contracts, many
of which included exclusivity
requirements.
For a number of years, Invibio was the
only supplier of implant-grade PEEK. In
the late 2000s, however, first Solvay
Specialty Polymers LLC (‘‘Solvay’’) and
then Evonik Corporation (‘‘Evonik’’)
took steps to enter the market. The FDA
cleared the first spinal implant device
containing Solvay PEEK in 2010, and
the first one containing Evonik PEEK in
2013.
B. Invibio’s Use of Exclusivity Terms To
Impede Competitors
Invibio responded to Solvay’s and
Evonik’s entry by tightening and
expanding the scope of exclusivity
provisions in its supply contracts with
medical device makers. Invibio did this
to impede Solvay and Evonik from
developing into effective rivals. Invibio
PO 00000
Frm 00046
Fmt 4703
Sfmt 4703
51885
knew that if Solvay and Evonik could
gain reputation and experience, in
particular, by developing supply
relationships with leading medical
device makers, this would validate their
status as PEEK suppliers with other
potential PEEK buyers and ultimately
lead to significant price competition—
painful for Invibio but beneficial to
medical device makers.
Invibio extracted exclusivity terms
from customers both by threatening to
withhold critical supply or support
services and by offering minor
inducements. For example, Invibio
threatened to withhold access to new
brands of its PEEK and to Invibio’s FDA
master file if a customer declined to
purchase exclusively from Invibio.
Where necessary, Invibio offered small
price discounts in exchange for
exclusivity.
Due to Invibio’s efforts, nearly all
medical device makers that purchase
PEEK from Invibio do so under
contracts that impose some form of
exclusivity. Although precise
exclusivity terms vary, they generally
take one of three forms: (1) Requiring
the use of Invibio PEEK for all PEEKcontaining devices; (2) requiring the use
of Invibio PEEK for a broad category of
PEEK-containing devices; or (3)
requiring the use of Invibio PEEK for a
list of identified PEEK-containing
devices. Even where exclusivity terms
apply at the device level, i.e., to a list
of specified devices, the foreclosure
effect is substantial: The list often
includes nearly every device in the
customer’s portfolio and the customer
thus cannot source substantial volumes
of PEEK from Invibio’s competitors.
Taken together, Invibio’s exclusive
contracts foreclose a substantial
majority of PEEK sales from Invibio’s
rivals.
C. Invibio’s Monopoly Power
Both direct and indirect evidence
demonstrate that Invibio has monopoly
power in the market for implant-grade
PEEK. Invibio has priced its PEEK
substantially higher than competing
versions of PEEK, without ceding
material market share, and has impeded
competitors through its exclusive
contracts. In addition, Invibio has
consistently held an over-90% share of
a relevant market with substantial entry
barriers, which indirectly evidences its
monopoly power. PEEK has distinctive
properties from other materials used in
spinal and other implants. Physician
preferences typically drive the choice of
materials used in an implant, and these
preferences largely reflect material
properties rather than price. Other
materials are therefore not sufficiently
E:\FR\FM\05AUN1.SGM
05AUN1
Agencies
[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)]
[Notices]
[Pages 51884-51885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18614]
=======================================================================
-----------------------------------------------------------------------
FEDERAL LABOR RELATIONS AUTHORITY
Senior Executive Service Performance Review Board
AGENCY: Federal Labor Relations Authority.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Federal Labor Relations Authority (FLRA) publishes the
names of the persons selected to serve on its SES Performance Review
Board (PRB). This notice supersedes all previous notices of the PRB
membership.
DATES: Upon publication.
ADDRESSES: Written comments about this final rule can be emailed to
EngagetheFLRA@flra.gov or sent to the Case Intake and Publication
Office, Federal Labor Relations Authority, 1400 K Street NW.,
Washington, DC 20424. All written comments will be available for public
inspection during normal business hours at the Case Intake and
Publication Office.
FOR FURTHER INFORMATION CONTACT: Gina Grippando, Counsel for Regulatory
and Public Affairs, Federal Labor Relations Authority, Washington, DC
20424, (202) 218-7776.
SUPPLEMENTARY INFORMATION: Section 4314(c) of Title 5, U.S.C. requires
each agency to establish, in accordance with regulations prescribed by
the Office of Personnel Management, one or more PRBs. The PRB shall
review and evaluate the initial appraisal of a senior executive's
performance by the supervisor, along with any response by the senior
executive, and make recommendations to the final rating authority
relative to the performance of the senior executive.
The following individuals have been selected to serve on the FLRA's
PRB:
Sarah Whittle Spooner, Executive Director; Peter A. Sutton, Deputy
[[Page 51885]]
General Counsel; Richard S. Jones, Atlanta Regional Director; William
R. Tobey, Chief Counsel; Kimberly D. Moseley, Executive Director,
Federal Service Impasses Panel; and Bruce Gripe, Chief Operating
Officer, Office of Special Counsel.
Dated: August 3, 2016.
Sarah Whittle Spooner,
Executive Director.
[FR Doc. 2016-18614 Filed 8-4-16; 8:45 am]
BILLING CODE P