Disease, Disability, and Injury Prevention and Control Special, 30866-30867 [2017-13925]
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Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices
The Commission’s Complaint alleges
the relevant geographic markets in
which to assess the competitive effects
of the Transaction are 71 local markets
within the following MSAs: Phoenix,
Arizona; El Paso, Texas; Tucson,
Arizona; Colorado Springs, Colorado;
Denver, Colorado; Jacksonville, Florida;
Albuquerque, New Mexico; Corpus
Christi, Texas; Austin, Texas;
Shreveport, Louisiana; Albany, Georgia;
Cleveland, Ohio; Las Cruces, New
Mexico; Savannah, Georgia; Sierra Vista,
Arizona; and Warner Robins, Georgia.
The geographic markets for the retail
sale of gasoline are highly localized,
generally ranging from a few blocks to
a few miles. None of the relevant
geographic markets exceeds three
driving miles from an overlapping retail
fuel outlet. Fueling up on gasoline is
rarely a destination trip for a consumer
and therefore consumers are likely to
frequent retail fuel outlets close to their
planned routes. Each particular
geographic market is unique, with
factors such as commuting patterns,
traffic flows, and outlet characteristics
playing important roles in determining
the scope of the geographic market. The
geographic markets for the retail sale of
diesel are similar to the corresponding
geographic markets for retail gasoline as
diesel consumers exhibit the same
preferences and behaviors as gasoline
consumers.
The Transaction would substantially
increase the market concentration in
each of the 71 local markets, resulting
in highly concentrated markets. In ten
local markets, the Transaction would
result in a monopoly. In 20 local
markets, the Transaction would reduce
the number of independent market
participants from three to two. In 41
local markets, the Transaction would
reduce the number of independent
market participants from four to three.
The Transaction would substantially
lessen competition for the retail sale of
gasoline and the retail sale of diesel in
these local markets. Retail fuel outlets
compete on price, store format, product
offerings, and location, and pay close
attention to competitors in close
proximity, on similar traffic flows, and
with similar store characteristics. The
combined entity would be able to raise
prices unilaterally in markets where
CST is ACT’s only or closest competitor.
Absent the Transaction, CST and ACT
would continue to compete head to
head in these local markets.
Moreover, the Transaction would
increase the likelihood of coordination
in local markets where only three or two
independent market participants would
remain. Two aspects of the retail fuel
industry make it vulnerable to
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coordination. First, retail fuel outlets
post their fuel prices on price signs that
are visible from the street, allowing
competitors to observe each other’s fuel
prices without difficulty. Second, retail
fuel outlets regularly track their
competitors’ fuel prices and change
their own prices in response. These
repeated interactions give retail fuel
outlets familiarity with how their
competitors price and how their
competitors respond to their own prices.
Entry into each relevant market would
not be timely, likely, or sufficient to
deter or counteract the anticompetitive
effects arising from the Acquisition.
Significant entry barriers include the
availability of attractive real estate, the
time and cost associated with
constructing a new retail fuel outlet, and
the time associated with obtaining
necessary permits and approvals.
V. The Proposed Consent Agreement
The proposed Consent Agreement
remedies the Transaction’s
anticompetitive effects by requiring
ACT to divest certain CST retail fuel
outlets and related assets in 70 local
markets, and an ACT site in one local
market at the buyer’s option, to Empire
Petroleum Partners (‘‘Empire’’). Empire
is a retail operator and wholesale fuel
distributor doing business in 26 states;
its executive team has decades of
experience with some of the industry’s
largest players. The Commission is
satisfied that Empire is a qualified
acquirer of the divested assets.
The proposed Consent Agreement
requires ACT to divest to Empire CST’s
retail fuel outlets in 70 local markets. In
the remaining local market, located in
Albany, Georgia, the ACT outlet was
damaged by a tornado in early 2017. To
remedy potential competitive concerns
in this local market, the Consent
Agreement requires ACT to give Empire
the option of acquiring the overlapping
ACT site. If Empire declines the option,
the Consent Agreement prohibits ACT,
for ten years, from restricting the use of
the property as a retail fuel outlet in any
future sale. The proposed Consent
Agreement requires ACT to divest the
assets to Empire no later than 75 days
after the Transaction closes or 14 days
after the Commission issues the Consent
Agreement as final.
The proposed Consent Agreement
also requires that ACT provide
transitional assistance to Empire for one
year, with an option for Empire to
extend the period for an additional year.
Empire may extend the period for a
third year, but only with Commission
approval. ACT and Empire have entered
into a Transition Services Agreement,
whereby ACT has agreed to allow
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Empire to continue using the CST brand
names and the store-specific licenses
and permits during the transitional
assistance period. In addition, ACT has
agreed to provide temporary wholesale
fuel supply to Empire on the same terms
CST was receiving, giving Empire time
to negotiate its own wholesale supply
contracts.
In addition to requiring outlet
divestitures, the proposed Consent
Agreement also requires ACT to provide
the Commission notice, for a period of
ten years, of certain acquisitions in the
71 local markets at issue. Specifically,
the Consent Agreement requires ACT to
give the Commission notice of future
acquisitions of Commission-identified
retail fuel outlets located in the same
local markets as the divested assets.
The proposed Consent Agreement
contains additional provisions designed
to ensure the adequacy of the proposed
relief. For example, Respondents have
agreed to an Order to Maintain Assets
that will be issued at the time the
proposed Consent Agreement is
accepted for public comment. The Order
to Maintain Assets requires
Respondents to operate and maintain
each divestiture outlet in the normal
course of business, through the date the
store is ultimately divested to a buyer.
During this period, and until such time
as Empire no longer requires
transitional assistance, the Order the
Maintain Assets authorizes the
Commission to appoint an independent
third party as a Monitor to oversee the
Respondents’ compliance with the
requirements of the proposed Consent
Agreement.
The Commission does not intend this
analysis to constitute an official
interpretation of the proposed Consent
Agreement or to modify its terms in any
way.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2017–13912 Filed 6–30–17; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
Disease, Disability, and Injury
Prevention and Control Special
Emphasis Panel (SEP): Secondary
Review
This is to announce the cancelation of
a meeting, Research Grants for
Preventing Violence and Violence
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Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices
Related Injury (R01), CE17–003 and PHS
2016–02 Omnibus Solicitation of the
NIH, CDC FDA, and ACF for Small
Business Innovation Research Grant
Applications (Parent SBIR [R43/R44]).
SUMMARY: This meeting was announced
in the Federal Register on June 12,
2017, Volume 82, Number 111, pages
26933 and 26934. This meeting is
canceled in its entirety.
CONTACT PERSON FOR MORE INFORMATION:
Gwendolyn H. Cattledge, Ph.D.,
M.S.E.H., Deputy Associate Director for
Science, National Center for Injury
Prevention and Control, CDC, 4770
Buford Highway NE., Mailstop F–63,
Atlanta, Georgia 30341, Telephone (770)
488–1430.
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 both the
Centers for Disease Control and
Prevention and the Agency for Toxic
Substances and Disease Registry.
Elaine L. Baker,
Director, Management Analysis and Services
Office, Centers for Disease Control and
Prevention.
[FR Doc. 2017–13925 Filed 6–30–17; 8:45 am]
BILLING CODE 4163–18–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
[Document Identifier: CMS–10307]
Agency Information Collection
Activities: Proposed Collection;
Comment Request
Centers for Medicare &
Medicaid 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
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SUMMARY:
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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
September 1, 2017.
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.
To obtain copies of a supporting
statement and any related forms for the
proposed collection(s) summarized in
this notice, you may make your request
using one of following:
1. Access CMS’ Web site address at
https://www.cms.gov/Regulations-andGuidance/Legislation/
PaperworkReductionActof1995/PRAListing.html.
2. Email your request, including your
address, phone number, OMB number,
and CMS document identifier, to
Paperwork@cms.hhs.gov.
3. Call the Reports Clearance Office at
(410) 786–1326.
FOR FURTHER INFORMATION CONTACT:
William Parham at (410) 786–4669.
SUPPLEMENTARY INFORMATION:
Contents
This notice sets out a summary of the
use and burden associated with the
following information collections. More
detailed information can be found in
each collection’s supporting statement
and associated materials (see
ADDRESSES).
CMS–10307 Medical Necessity
Disclosure Under MHPAEA and Claims
Denial Disclosure Under MHPAEA
Under the PRA (44 U.S.C. 3501–
3520), federal agencies must obtain
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30867
approval from the Office of Management
and Budget (OMB) for each collection of
information they conduct or sponsor.
The term ‘‘collection of information’’ is
defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes agency requests
or requirements that members of the
public submit reports, keep records, or
provide information to a third party.
Section 3506(c)(2)(A) of the PRA
requires federal agencies to publish a
60-day notice in the Federal Register
concerning each proposed collection of
information, including each proposed
extension or reinstatement of an existing
collection of information, before
submitting the collection to OMB for
approval. To comply with this
requirement, CMS is publishing this
notice.
Information Collection
1. Type of Information Collection
Request: Revision of a currently
approved collection; Title of
Information Collection: Medical
Necessity Disclosure Under MHPAEA
and Claims Denial Disclosure Under
MHPAEA; Use: The Paul Wellstone and
Pete Domenici Mental Health Parity and
Addiction Equity Act of 2008
(MHPAEA) (Pub. L. 110–343) generally
requires that group health plans and
group health insurance issuers offering
mental health or substance use disorder
(MH/SUD) benefits in addition to
medical and surgical (med/surg)
benefits ensure that they do not apply
any more restrictive financial
requirements (e.g., co-pays, deductibles)
and/or treatment limitations (e.g., visit
limits) to MH/SUD benefits than those
requirements and/or limitations applied
to substantially all med/surg benefits.
The Patient Protection and Affordable
Care Act, Public Law 111–148, was
enacted on March 23, 2010, and the
Health Care and Education
Reconciliation Act of 2010, Public Law
111–152, was enacted on March 30,
2010. These statutes are collectively
known as the ‘‘Affordable Care Act.’’
The Affordable Care Act extended
MHPAEA to apply to the individual
health insurance market. Additionally,
the Department of Health and Human
Services (HHS) final regulation
regarding essential health benefits (EHB)
requires health insurance issuers
offering non-grandfathered health
insurance coverage in the individual
and small group markets, through an
Exchange or outside of an Exchange, to
comply with the requirements of the
MHPAEA regulations in order to satisfy
the requirement to cover EHB (45 CFR
147.150 and 156.115).
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[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Notices]
[Pages 30866-30867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13925]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
Disease, Disability, and Injury Prevention and Control Special
Emphasis Panel (SEP): Secondary Review
This is to announce the cancelation of a meeting, Research Grants
for Preventing Violence and Violence
[[Page 30867]]
Related Injury (R01), CE17-003 and PHS 2016-02 Omnibus Solicitation of
the NIH, CDC FDA, and ACF for Small Business Innovation Research Grant
Applications (Parent SBIR [R43/R44]).
SUMMARY: This meeting was announced in the Federal Register on June 12,
2017, Volume 82, Number 111, pages 26933 and 26934. This meeting is
canceled in its entirety.
CONTACT PERSON FOR MORE INFORMATION: Gwendolyn H. Cattledge, Ph.D.,
M.S.E.H., Deputy Associate Director for Science, National Center for
Injury Prevention and Control, CDC, 4770 Buford Highway NE., Mailstop
F-63, Atlanta, Georgia 30341, Telephone (770) 488-1430.
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 both the Centers for Disease Control and Prevention and the Agency
for Toxic Substances and Disease Registry.
Elaine L. Baker,
Director, Management Analysis and Services Office, Centers for Disease
Control and Prevention.
[FR Doc. 2017-13925 Filed 6-30-17; 8:45 am]
BILLING CODE 4163-18-P
