Information Collection; Economic Price Adjustment, 16019-16020 [2019-07646]

Download as PDF Federal Register / Vol. 84, No. 74 / Wednesday, April 17, 2019 / Notices challenges would render such efforts uneconomical and impractical. The market for chloride TiO2 in North America is characterized by a limited number of suppliers. Tronox and Cristal are two of the three largest producers of chloride TiO2 in North America and together with The Chemours Company, the top three TiO2 companies control the vast majority of chloride TiO2 sales to North American customers and more than 80 percent of overall North American chloride TiO2 manufacturing capacity. The proposed Acquisition would cause the already concentrated North American chloride TiO2 market to become even more concentrated, increasing the Herfindahl-Hirschman Index (‘‘HHI’’) by more than 700, resulting in a post-Acquisition HHI exceeding 3,000. This increase in concentration far exceeds the thresholds set out in the Horizontal Merger Guidelines for raising a presumption that the Acquisition would create or enhance market power. amozie on DSK9F9SC42PROD with NOTICES 4. Effects of the Acquisition As both the federal and administrative courts have already determined, absent a divestiture, the proposed Acquisition is likely to cause competitive harm in the North American chloride TiO2 market. As stated in the Decision, for the sole purpose of settling this matter, Tronox and Cristal do not dispute that the likely effect of the proposed Acquisition, if consummated without a divestiture, may be substantially to lessen competition in the North American chloride TiO2 market. Tronox and Cristal are two of the three largest producers of chloride TiO2 in North America. The proposed Acquisition would have anticompetitive effects in two ways: (1) Increasing the likelihood of anticompetitive coordination among the North American chloride TiO2 companies; and (2) increasing Tronox’s incentive and ability to unilaterally curtail production of chloride TiO2 in North America, which would lead to higher prices for chloride TiO2 in North America. 5. Entry Entry into the North American chloride TiO2 market is neither likely nor timely to deter or counteract any anticompetitive effects of the proposed Acquisition. The chloride TiO2 market is characterized by substantial barriers to entry. Market participants confirmed that building a new TiO2 plant would take multiple years and a large capital investment. Moreover, chloride plants rely on closely held proprietary technology. Expansion or repositioning VerDate Sep<11>2014 18:23 Apr 16, 2019 Jkt 247001 by the remaining firms that would defeat anticompetitive effects is also unlikely in the already mature North American chloride TiO2 market. 6. The Proposed Consent Agreement The proposed Consent Agreement restores the competition that would have been lost from the proposed Acquisition by requiring Tronox to divest Cristal’s North American TiO2 business to Ineos, a multinational corporation comprised of chemical manufacturing businesses. The proposed divestiture package provides everything needed for Ineos to compete effectively in the North American chloride TiO2 market. Under the Order, Tronox is required to divest Cristal’s North American TiO2 business to Ineos no later than 30 days from the close of the Acquisition. The divestiture package consists of the following: Two chloride TiO2 manufacturing plants and all related facilities in Ashtabula, Ohio; other physical assets in North America, such as a research and development, and administrative support facility near Baltimore (‘‘Baltimore Administration and Technical Center’’ or ‘‘BATC’’) and research and development equipment located at BATC; the ability to hire the relevant Cristal personnel located in North America, including all employees at the Ashtabula complex and almost all of the support personnel located at BATC; transfer or license of all intellectual property right necessary to manufacture chloride TiO2 products at Ashtabula; an option, exercisable by Ineos during a ten-year period after closing, to acquire rights to use the licensed intellectual property to produce chloride TiO2 products at a new manufacturing facility outside North America; and customer contracts related to Cristal’s chloride TiO2 sales in North America. The Order also provides that, during a discrete period, the Commission has a limited ability to modify the lists of excluded assets and retained employees if needed for Ineos to run the business effectively. The Order requires that, at the request of Ineos, Tronox must provide transition assistance for a period of at least two years, and imposes other terms designed to ensure the viability of the divested business. The Commission also requires the parties to maintain all of the assets in the ordinary course of business pending divestiture to Ineos, and is issuing a separate Order to Maintain Assets at the time it accepts the Consent Agreement for public comment. A Monitor will oversee Tronox’s compliance with the obligations set forth in the Order, the Order to Maintain PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 16019 Assets, and the divestiture agreements. If Tronox does not fully comply with the divestiture requirements of the Order, the Commission may appoint a Divestiture Trustee to divest Cristal’s North American TiO2 business and perform Tronox’s other obligations consistent with the Order. The purpose of this analysis is to facilitate public comment on the Consent Agreement to aid the Commission in determining whether it should make the Consent Agreement final. This analysis is not an official interpretation of the proposed Consent Agreement and does not modify its terms in any way. By direction of the Commission. April J. Tabor, Acting Secretary. [FR Doc. 2019–07697 Filed 4–16–19; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0068; Docket No. 2019–0003; Sequence No. 10] Information Collection; Economic Price Adjustment Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice of request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995 and the Office of Management and Budget (OMB) regulations, the FAR Council invites the public to comment upon a renewal concerning economic price adjustments. SUMMARY: Submit comments on or before June 17, 2019. ADDRESSES: The FAR Council invites interested persons to submit comments on this collection by either of the following methods: • Federal eRulemaking Portal: This website provides the ability to type short comments directly into the comment field or attach a file for lengthier comments. Go to http:// www.regulations.gov and follow the instructions on the site. • Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW, Washington, DC 20405. ATTN: Ms. DATES: E:\FR\FM\17APN1.SGM 17APN1 16020 Federal Register / Vol. 84, No. 74 / Wednesday, April 17, 2019 / Notices Mandell/IC 9000–0068, Economic Price Adjustment. Instructions: Please submit comments only and cite Information Collection 9000–0068, Economic Price Adjustment, 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: Mr. Michael O. Jackson, Procurement Analyst, Office of Governmentwide Acquisition Policy, GSA, 202–208–4949 or email michaelo.jackson@gsa.gov. SUPPLEMENTARY INFORMATION: C. Annual Reporting Burden Respondents: 3,550. Responses per Respondent: 214. Annual Responses: 759,700. Hours per Response: 1.5. Total Burden Hours: 1,139,550. 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, telephone 202–501–4755. Please cite OMB Control No. 9000–0068, Economic Price Adjustment, in all correspondence. Dated: April 11, 2019. Janet Fry, Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. [FR Doc. 2019–07646 Filed 4–16–19; 8:45 am] BILLING CODE 6820–EP–P A. Solicitation of Public Comment Written comments and suggestions from the public should address one or more of the following four points: (1) Evaluate whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) 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. amozie on DSK9F9SC42PROD with NOTICES B. Purpose The FAR clause 16.203, Fixed-price contracts with economic price adjustment, and associated clauses at 52.216–2, 52.216–3, and 52.216–4, provide for upward and downward revision of the stated contract price upon occurrence of specified contingencies. In order for the contracting officer to be aware of price changes, the firm must provide pertinent information to the Government. The information is used to determine the proper amount of price adjustments required under the contract. VerDate Sep<11>2014 18:23 Apr 16, 2019 Jkt 247001 DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2010–N–0414] Agency Information Collection Activities; Proposed Collection; Comment Request; Manufactured Food Regulatory Program Standards AGENCY: Food and Drug Administration, HHS. ACTION: Notice. The Food and Drug Administration (FDA or Agency) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the manufactured food regulatory program standards. DATES: Submit either electronic or written comments on the collection of information by June 17, 2019. ADDRESSES: You may submit comments as follows. Please note that late, untimely filed comments will not be considered. Electronic comments must be submitted on or before June 17, 2019. The https://www.regulations.gov electronic filing system will accept comments until 11:59 p.m. Eastern Time Frm 00027 Fmt 4703 Electronic Submissions Submit electronic comments in the following way: • Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to https:// www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else’s Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on https://www.regulations.gov. • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see ‘‘Written/Paper Submissions’’ and ‘‘Instructions’’). Written/Paper Submissions SUMMARY: PO 00000 at the end of June 17, 2019. Comments received by mail/hand delivery/courier (for written/paper submissions) will be considered timely if they are postmarked or the delivery service acceptance receipt is on or before that date. Sfmt 4703 Submit written/paper submissions as follows: • Mail/Hand Delivery/Courier (for written/paper submissions): Dockets Management Staff (HFA–305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. • For written/paper comments submitted to the Dockets Management Staff, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in ‘‘Instructions.’’ Instructions: All submissions received must include the Docket No. FDA– 2010–N–0414 for ‘‘Manufactured Food Regulatory Program Standards.’’ Received comments, those filed in a timely manner (see ADDRESSES), will be placed in the docket and, except for those submitted as ‘‘Confidential Submissions,’’ publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday. E:\FR\FM\17APN1.SGM 17APN1

Agencies

[Federal Register Volume 84, Number 74 (Wednesday, April 17, 2019)]
[Notices]
[Pages 16019-16020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07646]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0068; Docket No. 2019-0003; Sequence No. 10]


Information Collection; Economic Price Adjustment

AGENCY: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Notice of request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995 and the 
Office of Management and Budget (OMB) regulations, the FAR Council 
invites the public to comment upon a renewal concerning economic price 
adjustments.

DATES: Submit comments on or before June 17, 2019.

ADDRESSES: The FAR Council invites interested persons to submit 
comments on this collection by either of the following methods:
     Federal eRulemaking Portal: This website provides the 
ability to type short comments directly into the comment field or 
attach a file for lengthier comments. Go to http://www.regulations.gov 
and follow the instructions on the site.
     Mail: General Services Administration, Regulatory 
Secretariat Division (MVCB), 1800 F Street NW, Washington, DC 20405. 
ATTN: Ms.

[[Page 16020]]

Mandell/IC 9000-0068, Economic Price Adjustment.
    Instructions: Please submit comments only and cite Information 
Collection 9000-0068, Economic Price Adjustment, 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: Mr. Michael O. Jackson, Procurement 
Analyst, Office of Governmentwide Acquisition Policy, GSA, 202-208-4949 
or email [email protected].

SUPPLEMENTARY INFORMATION: 

A. Solicitation of Public Comment

    Written comments and suggestions from the public should address one 
or more of the following four points:
    (1) Evaluate whether the collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) 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.

B. Purpose

    The FAR clause 16.203, Fixed-price contracts with economic price 
adjustment, and associated clauses at 52.216-2, 52.216-3, and 52.216-4, 
provide for upward and downward revision of the stated contract price 
upon occurrence of specified contingencies. In order for the 
contracting officer to be aware of price changes, the firm must provide 
pertinent information to the Government. The information is used to 
determine the proper amount of price adjustments required under the 
contract.

C. Annual Reporting Burden

    Respondents: 3,550.
    Responses per Respondent: 214.
    Annual Responses: 759,700.
    Hours per Response: 1.5.
    Total Burden Hours: 1,139,550.
    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, telephone 202-501-4755. Please cite OMB 
Control No. 9000-0068, Economic Price Adjustment, in all 
correspondence.

    Dated: April 11, 2019.
Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2019-07646 Filed 4-16-19; 8:45 am]
 BILLING CODE 6820-EP-P