Information Collection; Reporting and Use of Information Concerning Integrity and Performance of Recipients of Grants and Cooperative Agreements, 57267-57268 [2017-25957]

Download as PDF Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Notices III. The Proposed Acquisition Through three separate agreements (collectively ‘‘the Acquisition’’), ACT will acquire ownership or operation of 120 Jet-Pep retail fuel outlets with attached convenience stores. Circle K intends to acquire 18 retail fuel outlets and Jet-Pep’s terminal and related assets. CAPL will acquire the remaining 102 Jet-Pep retail fuel outlets. The Acquisition is not reportable under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, 15 U.S.C. 18a (‘‘HSR Act’’). The Acquisition would extend ACT’s position as one of the largest operators of retail fuel outlets in the United States. The proposed Complaint alleges that the Acquisition, if consummated, would violate Section 7 of the Clayton Act, as amended, 15 U.S.C. 18, and Section 5 of the Federal Trade Commission Act, as amended, 15 U.S.C. 45, by substantially lessening competition for the retail sale of gasoline and diesel in three local markets in Alabama. The proposed Complaint further alleges that Acquisition agreements constitute a violation of Section 5 of the FTC Act, as amended, 15 U.S.C. 45. sradovich on DSK3GMQ082PROD with NOTICES IV. The Complaint As alleged in the proposed Complaint, the relevant product markets in which to analyze the Acquisition are the retail sale of gasoline and the retail sale of diesel. The retail sale of gasoline and the retail sale of diesel constitute separate relevant markets because the two are not interchangeable. Consumers require gasoline for their gasolinepowered vehicles and can purchase gasoline only at retail fuel outlets. Likewise, consumers require diesel for their diesel-powered vehicles and can purchase diesel only at retail fuel outlets. The proposed Complaint alleges the relevant geographic markets in which to assess the competitive effects of the Acquisition are three local areas in Brewton, Monroeville, and Valley, Alabama. 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. Retail fuel markets are highly localized and can range in size up to a few miles. According to the proposed Complaint, the Acquisition would reduce the number of independent market participants in each market to three or fewer. The Acquisition would thereby substantially lessen competition in these local markets by increasing the likelihood that ACT will unilaterally VerDate Sep<11>2014 18:22 Dec 01, 2017 Jkt 244001 exercise market power and by increasing the likelihood of successful coordination among the remaining firms. Absent relief, the Acquisition would likely result in higher prices in each of the three local markets. The proposed Complaint alleges that entry into each relevant market would not be timely, likely, or sufficient to deter or counteract the anticompetitive effects arising from the Acquisition. Barriers to entry 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 Consent Agreement The proposed Consent Agreement would remedy the Acquisition’s likely anticompetitive effects by requiring ACT to divest certain Jet-Pep retail fuel outlets and related assets in three local markets. The proposed Consent Agreement requires that the divestiture occur no later than 120 days after ACT consummates the Acquisition. This Agreement protects the Commission’s ability to obtain complete and effective relief in light of the non-reportable nature of the Acquisition and the small number of outlets to be divested. Further, based on Commission staff’s investigation, the Commission believes that ACT can identify an acceptable buyer (or buyers) within 120 days. The proposed Consent Agreement further requires ACT to maintain the economic viability, marketability, and competitiveness of each divestiture asset until the Commission approves a buyer (or buyers) and the divestiture is complete. For up to twelve months following the divestiture, ACT must make available transitional services, as needed, to assist the buyer of each divestiture asset. In addition to requiring outlet divestitures, the proposed Consent Agreement also requires ACT to provide the Commission notice before acquiring designated outlets in the three local areas for ten years. The prior notice provision is necessary because acquisitions of the designated outlets likely raise competitive concerns and may fall below the HSR Act premerger notification thresholds. The proposed Consent Agreement contains additional provisions designed to ensure the effectiveness of the proposed relief. For example, Respondents have agreed to an Order to Maintain Assets that will issue at the time the proposed Consent Agreement is accepted for public comment. The Order to Maintain Assets requires PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 57267 Respondents to operate and maintain each divestiture outlet in the normal course of business, through the date the Respondents’ complete divestiture of the outlet. During this period, and until such time as the buyer (or buyers) no longer requires transitional assistance, the Order to 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 purpose of this analysis is to facilitate public comment on the proposed Consent agreement, and 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. 2017–26012 Filed 12–1–17; 8:45 am] BILLING CODE 6750–01–P GENERAL SERVICES ADMINISTRATION [OMB Control No. 3090–0293; Docket No. 2017–0001; Sequence 9] Information Collection; Reporting and Use of Information Concerning Integrity and Performance of Recipients of Grants and Cooperative Agreements Office of Technology Strategy/ Office of Government-wide Policy, General Services Administration (GSA). ACTION: Notice of request for public comments regarding an extension to an existing OMB clearance. AGENCY: Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division (MVCB) will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of the currently approved information collection requirement concerning the reporting and use of information concerning integrity and performance of recipients of grants and cooperative agreements. DATES: Submit comments on or before February 2, 2018. ADDRESSES: Submit comments identified by Information Collection 3090–0293, Reporting and Use of Information Concerning Integrity and Performance of Recipients of Grants and Cooperative Agreements by any of the following methods: SUMMARY: E:\FR\FM\04DEN1.SGM 04DEN1 57268 Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Notices • Regulations.gov: http:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching the OMB control number 3090–0293. Select the link ‘‘Comment Now’’ that corresponds with ‘‘Information Collection 3090–0293, Reporting and Use of Information Concerning Integrity and Performance of Recipients of Grants and Cooperative Agreements. Follow the instructions provided on the screen. Please include your name, company name (if any), and ‘‘Information Collection 3090–0293, Reporting and Use of Information Concerning Integrity and Performance of Recipients of Grants and Cooperative Agreements’’ on your attached document. • Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. ATTN: Ms. Mandell/IC 3090–0293. Instructions: Please submit comments only and cite Information Collection 3090–0293, Reporting and Use of Information Concerning Integrity and Performance of Recipients of Grants and Cooperative Agreements, in all correspondence related to this collection. Comments received generally will be posted without change to http:// www.regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail). FOR FURTHER INFORMATION CONTACT: Ms. Vicky Niblett, Deputy Assistant Commissioner, Integrated Award Environment, GSA, 202–394–7572 or vicky.niblett@gsa.gov. SUPPLEMENTARY INFORMATION: sradovich on DSK3GMQ082PROD with NOTICES A. Purpose This information collection requirement, OMB Control No. 3090– 0293, currently titled ‘‘Reporting and Use of Information Concerning Integrity and Performance of Recipients of Grants and Cooperative Agreements’’ is necessary in order to comply with section 872 of the Duncan Hunter National Defense Authorization Act of 2009, Public Law 110–417, as amended by Public Law 111–212, hereafter referred to as ‘‘the Act.’’ The Duncan Hunter National Defense Authorization Act of 2009 (Pub. L. 110–417) was enacted on October 14, 2008. Section 872 of this Act required the development and maintenance of an information system that contains VerDate Sep<11>2014 18:22 Dec 01, 2017 Jkt 244001 specific information on the integrity and performance of covered Federal agency contractors and grantees. The Federal Awardee Performance and Integrity Information System (FAPIIS) was developed to address these requirements. FAPIIS provides users access to integrity and performance information from the FAPIIS reporting module in the Contractor Performance Assessment Reporting System (CPARS), proceedings information from the Entity Management section of the System for Award Management (SAM) database, and suspension/debarment information from the Performance Information section of SAM. As stated in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, the Federal awarding agency is required to review information available through any OMB-designated repositories of government-wide eligibility qualification or financial integrity information, as appropriate. The Federal awarding agency is required to review the non-public segment of the OMB-designated integrity and performance system accessible through SAM (currently the FAPIIS), prior to making a Federal award where the Federal share is expected to exceed the simplified acquisition threshold (currently $150,000), defined in 41 U.S.C. 134, over the period of performance. For non-federal entities (NFEs), if the total value of the NFEs currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of the Federal award, then the NFE must disclose semiannually, and maintain the currency of information reported to the SAM that is made available in the designated integrity and performance system (currently the FAPIIS) about civil, criminal, or administrative proceedings, as described in the award terms and conditions, for the most recent five year period. B. Annual Reporting Burden Proceedings Screening Question #1 Respondents: 13,683. Respnoses per Respondent: 1. Total Annual Responses: 13,683. Hours per Response: .1. Total Response Burden Hours: 1,368. Proceedings Screening Question #2 Respondents: 1,663. Responsed per Respondent: 1. Total Annual Responses: 1,663. Hours per Response: .1. PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 Total Response Burden Hours: 166. Proceedings Details Respondents: 24. Responses per Respondent: 2. Total Annual Responses: 48. Hours per Response: .5. Total Response Burden Hours: 24. C. Public Comments Public comments are particularly invited on: Whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology. Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. Please cite OMB Control No. 3090–0293, Reporting and Use of Information Concerning Integrity and Performance of Recipients of Grants and Cooperative Agreements, in all correspondence. Dated: November 16, 2017. David A. Shive, Chief Information Officer. [FR Doc. 2017–25957 Filed 12–1–17; 8:45 am] BILLING CODE 6820–WY–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0180; Docket No. 2017–0053; Sequence 12] Submission for OMB Review; Affirmative Procurement of Biobased Procurements Under Services and Construction Contracts Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice of request for public comments regarding an extension to an existing OMB clearance. AGENCY: Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division (MVCB) will be submitting to the Office of SUMMARY: E:\FR\FM\04DEN1.SGM 04DEN1

Agencies

[Federal Register Volume 82, Number 231 (Monday, December 4, 2017)]
[Notices]
[Pages 57267-57268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25957]


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GENERAL SERVICES ADMINISTRATION

[OMB Control No. 3090-0293; Docket No. 2017-0001; Sequence 9]


Information Collection; Reporting and Use of Information 
Concerning Integrity and Performance of Recipients of Grants and 
Cooperative Agreements

AGENCY: Office of Technology Strategy/Office of Government-wide Policy, 
General Services Administration (GSA).

ACTION: Notice of request for public comments regarding an extension to 
an existing OMB clearance.

-----------------------------------------------------------------------

SUMMARY: Under the provisions of the Paperwork Reduction Act, the 
Regulatory Secretariat Division (MVCB) will be submitting to the Office 
of Management and Budget (OMB) a request to review and approve an 
extension of the currently approved information collection requirement 
concerning the reporting and use of information concerning integrity 
and performance of recipients of grants and cooperative agreements.

DATES: Submit comments on or before February 2, 2018.

ADDRESSES: Submit comments identified by Information Collection 3090-
0293, Reporting and Use of Information Concerning Integrity and 
Performance of Recipients of Grants and Cooperative Agreements by any 
of the following methods:

[[Page 57268]]

     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching the OMB 
control number 3090-0293. Select the link ``Comment Now'' that 
corresponds with ``Information Collection 3090-0293, Reporting and Use 
of Information Concerning Integrity and Performance of Recipients of 
Grants and Cooperative Agreements. Follow the instructions provided on 
the screen. Please include your name, company name (if any), and 
``Information Collection 3090-0293, Reporting and Use of Information 
Concerning Integrity and Performance of Recipients of Grants and 
Cooperative Agreements'' on your attached document.
     Mail: General Services Administration, Regulatory 
Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. 
ATTN: Ms. Mandell/IC 3090-0293.
    Instructions: Please submit comments only and cite Information 
Collection 3090-0293, Reporting and Use of Information Concerning 
Integrity and Performance of Recipients of Grants and Cooperative 
Agreements, in all correspondence related to this collection. Comments 
received generally will be posted without change to http://www.regulations.gov, including any personal and/or business 
confidential information provided. To confirm receipt of your 
comment(s), please check www.regulations.gov, approximately two to 
three days after submission to verify posting (except allow 30 days for 
posting of comments submitted by mail).

FOR FURTHER INFORMATION CONTACT: Ms. Vicky Niblett, Deputy Assistant 
Commissioner, Integrated Award Environment, GSA, 202-394-7572 or 
vicky.niblett@gsa.gov.

SUPPLEMENTARY INFORMATION: 

A. Purpose

    This information collection requirement, OMB Control No. 3090-0293, 
currently titled ``Reporting and Use of Information Concerning 
Integrity and Performance of Recipients of Grants and Cooperative 
Agreements'' is necessary in order to comply with section 872 of the 
Duncan Hunter National Defense Authorization Act of 2009, Public Law 
110-417, as amended by Public Law 111-212, hereafter referred to as 
``the Act.'' The Duncan Hunter National Defense Authorization Act of 
2009 (Pub. L. 110-417) was enacted on October 14, 2008. Section 872 of 
this Act required the development and maintenance of an information 
system that contains specific information on the integrity and 
performance of covered Federal agency contractors and grantees.
    The Federal Awardee Performance and Integrity Information System 
(FAPIIS) was developed to address these requirements. FAPIIS provides 
users access to integrity and performance information from the FAPIIS 
reporting module in the Contractor Performance Assessment Reporting 
System (CPARS), proceedings information from the Entity Management 
section of the System for Award Management (SAM) database, and 
suspension/debarment information from the Performance Information 
section of SAM.
    As stated in 2 CFR 200, Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards, the Federal 
awarding agency is required to review information available through any 
OMB-designated repositories of government-wide eligibility 
qualification or financial integrity information, as appropriate.
    The Federal awarding agency is required to review the non-public 
segment of the OMB-designated integrity and performance system 
accessible through SAM (currently the FAPIIS), prior to making a 
Federal award where the Federal share is expected to exceed the 
simplified acquisition threshold (currently $150,000), defined in 41 
U.S.C. 134, over the period of performance.
    For non-federal entities (NFEs), if the total value of the NFEs 
currently active grants, cooperative agreements, and procurement 
contracts from all Federal awarding agencies exceeds $10,000,000 for 
any period of time during the period of performance of the Federal 
award, then the NFE must disclose semiannually, and maintain the 
currency of information reported to the SAM that is made available in 
the designated integrity and performance system (currently the FAPIIS) 
about civil, criminal, or administrative proceedings, as described in 
the award terms and conditions, for the most recent five year period.

B. Annual Reporting Burden

Proceedings Screening Question #1

    Respondents: 13,683.
    Respnoses per Respondent: 1.
    Total Annual Responses: 13,683.
    Hours per Response: .1.
    Total Response Burden Hours: 1,368.

Proceedings Screening Question #2

    Respondents: 1,663.
    Responsed per Respondent: 1.
    Total Annual Responses: 1,663.
    Hours per Response: .1.
    Total Response Burden Hours: 166.

Proceedings Details

    Respondents: 24.
    Responses per Respondent: 2.
    Total Annual Responses: 48.
    Hours per Response: .5.
    Total Response Burden Hours: 24.

C. Public Comments

    Public comments are particularly invited on: Whether our estimate 
of the public burden of this collection of information is accurate, and 
based on valid assumptions and methodology; ways to enhance the 
quality, utility, and clarity of the information to be collected; and 
ways in which we can minimize the burden of the collection of 
information on those who are to respond, through the use of appropriate 
technological collection techniques or other forms of information 
technology.
    Obtaining Copies of Proposals: Requesters may obtain a copy of the 
information collection documents from the General Services 
Administration, Regulatory Secretariat Division (MVCB), 1800 F Street 
NW., Washington, DC 20405. Please cite OMB Control No. 3090-0293, 
Reporting and Use of Information Concerning Integrity and Performance 
of Recipients of Grants and Cooperative Agreements, in all 
correspondence.

    Dated: November 16, 2017.
David A. Shive,
Chief Information Officer.
[FR Doc. 2017-25957 Filed 12-1-17; 8:45 am]
BILLING CODE 6820-WY-P