Agency Information Collection Activities: Proposed Collection; Comment Request, 42879-42880 [2024-10771]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 89, No. 96 / Thursday, May 16, 2024 / Notices ground that the proposed acquisition of Pioneer Natural Resources Company (‘‘Pioneer’’) would violate section 7 of the Clayton Act.1 The principal ground on which the Commission proceeds is that the merger may substantially lessen competition because of the prospect that Exxon’s shareholders may elect Scott Sheffield—Pioneer’s founder, former CEO, and current board member—to Exxon’s board of directors. The Complaint alleges that Mr. Sheffield has made ‘‘previous efforts to organize tacit (and potentially express) coordination of capital investment discipline and oil production levels.’’ 2 Mr. Sheffield allegedly used both public statements threatening to punish companies that expand output and private conversations and messages with OPEC representatives where he implemented his ‘‘long-running strategy to coordinate output reductions.’’ 3 These accusations are extremely troubling and warrant close scrutiny under the antitrust laws. To its credit, Exxon intends to exclude Mr. Sheffield from serving on the board of directors—a wise decision consistent with sound policy given the severity of the allegations against him. But Exxon’s consent to the entry of this order and its decision to exclude Mr. Sheffield from its board does not answer the ultimate question the Commission must answer before issuing a complaint: Whether the Commission has reason to believe this transaction itself violates section 7. The Commission’s Complaint does not provide us reason to believe that it does. The Complaint fails to articulate how the ‘‘effect of [the] transaction may be substantially to lessen competition.’’ 4 We fear instead that the Commission is leveraging its merger enforcement authority to extract a consent from Exxon rather than addressing the conduct of one misbehaving executive. We therefore respectfully dissent. Antitrust enforcers have long recognized that a transaction which increases the risk of coordination also increases the risk of a substantial diminution of competition. Until recently, we considered three factors in assessing the risk of increased coordination: whether the transaction created ‘‘(1) a significant increase in concentration, leading to a moderately or highly concentrated market’’; whether the transaction involved ‘‘(2) a market vulnerable to coordinated conduct’’; and whether we had ‘‘(3) a credible basis for concluding the 1 15. U.S.C. 18. ¶ 22. 3 Compl. ¶ 6. 4 15. U.S.C. 18. 2 Compl. VerDate Sep<11>2014 17:50 May 15, 2024 Jkt 262001 transaction will enhance that vulnerability.’’ 5 The recently adopted 2023 Guidelines propose three ‘‘primary factors’’ for assessing the increased risk of coordination—(1) the existence of a highly concentrated market, (2) prior actual or attempted attempts to coordinate, and (3) elimination of a maverick.6 No court to date has endorsed these new factors. Even assuming they accurately summarize the state of the law, they are not satisfied here. The Complaint is unclear on which of the three factors are present here, but it focuses most on ‘‘actual or attempted attempts to coordinate.’’ It alleges that ‘‘Mr. Sheffield’s history of attempting to coordinate with other oil industry participants suggests that the market here is susceptible to anticompetitive coordination.’’ 7 We do not agree. The 2023 Guidelines provide that ‘‘attempts to coordinate’’ are relevant to the risk-of-coordination inquiry where ‘‘firms representing a substantial share in the relevant market appear to have previously engaged in express or tacit coordination . . . .’’ 8 The Complaint alleges only that a combined OPEC and OPEC+ ‘‘account for over 50% of global crude oil production.’’ 9 Importantly, it does not allege the merging parties’ market shares at all. As such, it fails to allege that either Exxon or Pioneer represents part of any ‘‘substantial share’’ of the market, and for good reason: the post-merger firm’s share in the alleged market will not be substantial. The concentration in this market, and thus, the likelihood of successful coordination post-merger, are virtually unchanged by the proposed acquisition.10 5 U.S. Dept. of Just. & Fed. Trade Comm’n, Horizontal Merger Guidelines § 7.1 (2010); see Fed. Trade Comm’n v. RAG-Stiftung, 436 F.Supp.3d 278, 313 (2020) (citing and quoting from section 7.1 of the 2010 Horizontal Merger Guidelines); New York v. Deutsche Telekom AG, 439 F. Supp. 3d 179, 234 (S.D.N.Y. 2020) (similar). 6 2023 Guidelines § 2.3.A, at 8–9. The Guidelines also propose six ‘‘secondary factors,’’ id. § 2.3.B, at 9–10, but the Complaint does not appear to rely on them. 7 Compl. ¶ 19. 8 2023 Guidelines § 2.3.A, at 9. 9 Compl. ¶ 21. 10 To be clear, we do not contend that every individual oil producer is a meaningful constraint on coordination. The Commission’s Complaint is silent, however, on the existence or sufficiency of any other firm to constrain the coordination the consent purports to prevent with this remedy. For us, this omission precludes reason to believe the proposed transaction may substantially lessen competition. See Fed. Trade Comm’n v. PPG Indus., Inc., 798 F.2d 1500, 1503 (D.C. Cir 1986) (‘‘[W]here rivals are few, firms will be able to coordinate their behavior, either by overt collusion or implicit understanding, in order to restrict output and achieve profits above competitive levels.’’); see also PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 42879 The Complaint also focuses on the fact that the merger would give Mr. Sheffield ‘‘a larger platform from which to advocate for greater industry-wide coordination as well as decision-making input.’’ 11 Mr. Sheffield’s alleged prior conduct certainly raises serious concern and warrants antitrust scrutiny. But the merger does not place Mr. Sheffield on the board.12 That decision belongs to Exxon’s shareholders. The Commission acts today based only on the risk that the shareholders might elect him to the board, and that his election might give him a ‘‘larger platform’’ to coordinate— if indeed this market is susceptible to coordination. We do not believe this alleged risk presents a section 7 problem. Further, we are especially concerned with the Complaint’s focus on Sheffield’s past conduct at Pioneer as an indicator of Exxon’s future actions, without any discussion of whether Exxon has incentives to engage in the same behavior. Focusing on individuals’ conduct divorced from a firm’s incentives could have troubling ramifications for future enforcement actions. The alleged conduct by Mr. Sheffield warrants scrutiny, but that does not mean we have reason to believe the transaction violates section 7. The Commission should not leverage its merger enforcement authority—or any authority—the way it does today. We respectfully dissent. [FR Doc. 2024–10731 Filed 5–15–24; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifiers: CMS–R–263] Agency Information Collection Activities: Proposed Collection; Comment Request Centers for Medicare & Medicaid Services, Health and Human 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 SUMMARY: Fed. Trade Comm’n v. H.J. Heinz Co., 246 F.3d 708, 715 (2001). 11 Compl. ¶ 44. 12 The agreement instead requires Exxon to propose Mr. Sheffield for election to its board if he meets certain legal, regulatory, and corporate governance criteria. E:\FR\FM\16MYN1.SGM 16MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 42880 Federal Register / Vol. 89, No. 96 / Thursday, May 16, 2024 / Notices 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 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 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 July 15, 2024. 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:llRoom C4–26–05, 500 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, please access the CMS PRA website by copying and pasting the following web address into your web browser: https://www.cms.gov/ Regulations-and-Guidance/Legislation/ PaperworkReductionActof1995/PRAListing FOR FURTHER INFORMATION CONTACT: William N. 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 VerDate Sep<11>2014 17:50 May 15, 2024 Jkt 262001 and associated materials (see ADDRESSES). CMS–R–263 On-Site Inspection for Durable Medical Equipment (DME) Supplier Location and Supporting Regulations in 42 CFR, Section 424.57 Under the PRA (44 U.S.C. 3501– 3520), Federal agencies must obtain 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: On-Site Inspection for Durable Medical Equipment (DME) Supplier Location and Supporting Regulations in 42 CFR, Section 424.57; Use: CMS is mandated to identify and implement measures to prevent fraud and abuse in the Medicare program. To meet this challenge, CMS has moved forward to improve the quality of the process for enrolling suppliers into the Medicare program by establishing a uniform application for enumerating suppliers of durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS). Implementation of enhanced procedures for verifying the enrollment information has also improved the enrollment process. As part of this process, verification of compliance with supplier standards is necessary. The site investigation form has been used in the past to aid the Medicare contractor (the National Supplier Clearinghouse and/or its subcontractors) in verifying compliance with the required supplier standards found in 42 CFR 424.57(c). The primary function of the site investigation form is to provide a standardized, uniform tool to gather information from a DMEPOS supplier that tells us whether it meets certain qualifications to be a DMEPOS supplier (as found in 42 CFR 424.57(c)) and where it practices or renders its PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 services. Form Number: CMS–R–263 (OMB control number: 0938–0749); Frequency: Yearly; Affected Public: Private sector, Business or other forprofits; Number of Respondents: 48,087; Number of Responses: 1; Total Annual Hours: 48,087. (For policy questions regarding this collection contact Alisha Sanders at 410–786–0671.) William N. Parham, III, Director, Division of Information Collections and Regulatory Impacts, Office of Strategic Operations and Regulatory Affairs. [FR Doc. 2024–10771 Filed 5–15–24; 8:45 am] BILLING CODE 4120–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifiers: CMS–10711] Agency Information Collection Activities: Submission for OMB Review; Comment Request Centers for Medicare & Medicaid Services, Health and Human 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 (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 a second opportunity for public comment on the notice. Interested persons are invited to send comments regarding the burden estimate or any other aspect of this collection of information, including the necessity and utility of the proposed 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 on the collection(s) of information must be received by the OMB desk officer by June 17, 2024. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this SUMMARY: E:\FR\FM\16MYN1.SGM 16MYN1

Agencies

[Federal Register Volume 89, Number 96 (Thursday, May 16, 2024)]
[Notices]
[Pages 42879-42880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10771]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-R-263]


Agency Information Collection Activities: Proposed Collection; 
Comment Request

AGENCY: Centers for Medicare & Medicaid Services, Health and Human 
Services (HHS).

ACTION: Notice.

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

SUMMARY: 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

[[Page 42880]]

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 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 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 July 15, 2024.

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:__Room C4-26-05, 500 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, please access 
the CMS PRA website by copying and pasting the following web address 
into your web browser: https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing

FOR FURTHER INFORMATION CONTACT: William N. 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-R-263 On-Site Inspection for Durable Medical Equipment (DME) 
Supplier Location and Supporting Regulations in 42 CFR, Section 424.57

    Under the PRA (44 U.S.C. 3501-3520), Federal agencies must obtain 
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: On-Site 
Inspection for Durable Medical Equipment (DME) Supplier Location and 
Supporting Regulations in 42 CFR, Section 424.57; Use: CMS is mandated 
to identify and implement measures to prevent fraud and abuse in the 
Medicare program. To meet this challenge, CMS has moved forward to 
improve the quality of the process for enrolling suppliers into the 
Medicare program by establishing a uniform application for enumerating 
suppliers of durable medical equipment, prosthetics, orthotics, and 
supplies (DMEPOS). Implementation of enhanced procedures for verifying 
the enrollment information has also improved the enrollment process. As 
part of this process, verification of compliance with supplier 
standards is necessary. The site investigation form has been used in 
the past to aid the Medicare contractor (the National Supplier 
Clearinghouse and/or its subcontractors) in verifying compliance with 
the required supplier standards found in 42 CFR 424.57(c). The primary 
function of the site investigation form is to provide a standardized, 
uniform tool to gather information from a DMEPOS supplier that tells us 
whether it meets certain qualifications to be a DMEPOS supplier (as 
found in 42 CFR 424.57(c)) and where it practices or renders its 
services. Form Number: CMS-R-263 (OMB control number: 0938-0749); 
Frequency: Yearly; Affected Public: Private sector, Business or other 
for-profits; Number of Respondents: 48,087; Number of Responses: 1; 
Total Annual Hours: 48,087. (For policy questions regarding this 
collection contact Alisha Sanders at 410-786-0671.)

William N. Parham, III,
Director, Division of Information Collections and Regulatory Impacts, 
Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2024-10771 Filed 5-15-24; 8:45 am]
BILLING CODE 4120-01-P

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