Federal Register / Vol. 86, No. 2 / Tuesday, January 5, 2021 / Notices 301 

17The maximum penalty amount for an 

institution is the greater of this amount or 1/ 

100,000th of the institution’s total assets. 

18The maximum penalty amount for an 

institution is the greater of this amount or 1/ 

50,000th of the institution’s total assets. 

19The maximum penalty amount for an 

institution is the lesser of this amount or 1 percent 

of total assets. 

CFR citation Current presumptive CMP 

(through January 14, 2021) 

Adjusted presumptive CMP 

(beginning January 15, 2021) 

Tier One CMP ............................................. $4,098 .............................................................. $4,146. 

Tier Two CMP ............................................. $40,979 ............................................................ $41,463. 

Tier Three CMP19 ....................................... $2,048,915 ....................................................... $2,073,133. 

Federal Deposit Insurance Corporation. 

Dated at Washington, DC, on December 30, 

2020. 

James P. Sheesley, 

Assistant Executive Secretary. 

[FR Doc. 2020–29175 Filed 1–4–21; 8:45 am] 

BILLING CODE 6714–01–P 

FEDERAL TRADE COMMISSION 

[File No. 191 0110] 

E. & J. Gallo Winery and Constellation 

Brands; Analysis of Agreement 

Containing Consent Orders To Aid 

Public Comment 

AGENCY: Federal Trade Commission. 

ACTION: Proposed consent agreement; 

request for comment. 

SUMMARY: The consent agreement in this 

matter settles alleged violations of 

federal law prohibiting unfair methods 

of competition. The attached Analysis of 

Proposed Consent Orders to Aid Public 

Comment describes both the allegations 

in the complaint and the terms of the 

consent orders—embodied in the 

consent agreement—that would settle 

these allegations. 

DATES: Comments must be received on 

or before February 4, 2021. 

ADDRESSES: Interested parties may file 

comments online or on paper, by 

following the instructions in the 

Request for Comment part of the 

SUPPLEMENTARY INFORMATION section 

below. Please write: ‘‘E. & J. Gallo 

Winery and Constellation Brands; File 

No. 191 0110’’ on your comment, and 

file your comment online at https://

www.regulations.gov by following the 

instructions on the web-based form. If 

you prefer to file your comment on 

paper, please mail your comment to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

600 Pennsylvania Avenue NW, Suite 

CC–5610 (Annex D), Washington, DC 

20580; or deliver your comment to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

Constitution Center, 400 7th Street SW, 

5th Floor, Suite 5610 (Annex D), 

Washington, DC 20024. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Arens (202–326–3552), 

Bureau of Competition, Federal Trade 

Commission, 600 Pennsylvania Avenue 

NW, Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: Pursuant 

to Section 6(f) of the Federal Trade 

Commission Act, 15 U.S.C. 46(f), and 

FTC Rule 2.34, 16 CFR 2.34, notice is 

hereby given that the above-captioned 

consent agreement containing a consent 

order to cease and desist, having been 

filed with and accepted, subject to final 

approval, by the Commission, has been 

placed on the public record for a period 

of thirty (30) days. The following 

Analysis of Agreement Containing 

Consent Orders to Aid Public Comment 

describes the terms of the consent 

agreement and the allegations in the 

complaint. An electronic copy of the 

full text of the consent agreement 

package can be obtained from the FTC 

website at this web address: https://

www.ftc.gov/news-events/commissionactions. 

You can file a comment online or on 

paper. For the Commission to consider 

your comment, we must receive it on or 

before February 5, 2021. Write ‘‘E. & J. 

Gallo Winery and Constellation Brands; 

File No. 191 0110’’ on your comment. 

Your comment—including your name 

and your state—will be placed on the 

public record of this proceeding, 

including, to the extent practicable, on 

the https://www.regulations.gov 

website. 

Due to protective actions in response 

to the COVID–19 pandemic and the 

agency’s heightened security screening, 

postal mail addressed to the 

Commission will be subject to delay. We 

strongly encourage you to submit your 

comments online through the https://

www.regulations.gov website. 

If you prefer to file your comment on 

paper, write ‘‘E. & J. Gallo Winery and 

Constellation Brands; File No. 191 

0110’’ on your comment and on the 

envelope, and mail your comment to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

600 Pennsylvania Avenue NW, Suite 

CC–5610 (Annex D), Washington, DC 

20580; or deliver your comment to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

Constitution Center, 400 7th Street SW, 

5th Floor, Suite 5610 (Annex D), 

Washington, DC 20024. If possible, 

submit your paper comment to the 

Commission by courier or overnight 

service. 

Because your comment will be placed 

on the publicly accessible website at 

https://www.regulations.gov, you are 

solely responsible for making sure that 

your comment does not include any 

sensitive or confidential information. In 

particular, your comment should not 

include any sensitive personal 

information, such as your or anyone 

else’s Social Security number; date of 

birth; driver’s license number or other 

state identification number, or foreign 

country equivalent; passport number; 

financial account number; or credit or 

debit card number. You are also solely 

responsible for making sure your 

comment does not include any sensitive 

health information, such as medical 

records or other individually 

identifiable health information. In 

addition, your comment should not 

include any ‘‘trade secret or any 

commercial or financial information 

which . . . is privileged or 

confidential’’—as provided by Section 

6(f) of the FTC Act, 15 U.S.C. 46(f), and 

FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— 

including in particular competitively 

sensitive information such as costs, 

sales statistics, inventories, formulas, 

patterns, devices, manufacturing 

processes, or customer names. 

Comments containing material for 

which confidential treatment is 

requested must be filed in paper form, 

must be clearly labeled ‘‘Confidential,’’ 

and must comply with FTC Rule 4.9(c). 

In particular, the written request for 

confidential treatment that accompanies 

the comment must include the factual 

and legal basis for the request, and must 

identify the specific portions of the 

comment to be withheld from the public 

record. See FTC Rule 4.9(c). Your 

comment will be kept confidential only 

if the General Counsel grants your 

request in accordance with the law and 

the public interest. Once your comment 

has been posted on the public FTC 

website—as legally required by FTC 

Rule 4.9(b)—we cannot redact or 


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302 Federal Register / Vol. 86, No. 2 / Tuesday, January 5, 2021 / Notices 

remove your comment from the FTC 

website, unless you submit a 

confidentiality request that meets the 

requirements for such treatment under 

FTC Rule 4.9(c), and the General 

Counsel grants that request. 

Visit the FTC website at http://

www.ftc.gov to read this Notice and the 

news release describing this matter. The 

FTC Act and other laws that the 

Commission administers permit the 

collection of public comments to 

consider and use in this proceeding, as 

appropriate. The Commission will 

consider all timely and responsive 

public comments that it receives on or 

before February 5, 2021. For information 

on the Commission’s privacy policy, 

including routine uses permitted by the 

Privacy Act, see https://www.ftc.gov/ 

site-information/privacy-policy. 

Analysis of Agreement Containing 

Consent Orders To Aid Public Comment 

I. Introduction and Background 

The Federal Trade Commission 

(‘‘Commission’’) has accepted for public 

comment, subject to final approval, an 

Agreement Containing Consent Orders 

(‘‘Consent Agreement’’) from 

Respondent E. & J. Gallo Winery 

(‘‘Gallo’’), a wholly owned subsidiary of 

Respondent Dry Creek Corporation 

(‘‘Dry Creek’’), and Respondent 

Constellation Brands, Inc. 

(‘‘Constellation’’) (collectively, 

‘‘Respondents’’). The purpose of the 

Consent Agreement is to remedy the 

anticompetitive effects that would likely 

result from Gallo’s acquisition of certain 

Constellation assets (‘‘the Acquisition’’). 

To resolve the Commission’s 

concerns, Gallo and Constellation 

elected to remove J Roget, Cook’s, Paul 

Masson brandy, high color concentrates 

(‘‘HCCs’’), and the Mission Bell winery 

from the asset purchase agreement. 

Under the terms of the proposed 

Decision and Order (‘‘Order’’) contained 

in the Consent Agreement, Constellation 

is required to maintain the viability of 

the J Roget and Cook’s assets. The Order 

also requires that (1) Constellation 

divest its Paul Masson brandy to the 

Sazerac Company, Inc. (‘‘Sazerac’’); (2) 

Gallo divest its Sheffield Cellars and 

Fairbanks low-priced port and sherry 

brands to Precept Brands LLC 

(‘‘Precept’’); and (3) Constellation divest 

its HCCs business to the Vie-Del 

Company (‘‘Vie-Del’’). 

The Commission and the Respondents 

have also agreed to an Order to Maintain 

Assets. This order requires Gallo and 

Constellation to retain and maintain the 

assets that the Consent Agreement 

requires them to divest, pending their 

divestiture. The Commission’s 

Complaint alleges that the proposed 

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 in the United 

States in the product markets for: (1) 

Entry-level on-premise sparkling wine, 

(2) low-priced sparkling wine, (3) lowpriced brandy, (4) low-priced port, (5) 

low-priced sherry, and (6) HCCs. 

The proposed Consent Agreement has 

been placed on the public record for 30 

days for receipt of comments from 

interested persons. Comments received 

during this period will become part of 

the public record. After 30 days, the 

Commission will review the comments 

received and decide whether it should 

withdraw, modify, or finalize the 

Consent Agreement. 

II. The Parties 

Gallo is a privately owned company 

headquartered in Modesto, California. 

Founded in 1933, Gallo is the largest 

family-owned winery in the world, with 

over 100 wine and spirit brands, and a 

portfolio that includes white wines, red 

wines, sparkling wines, dessert or 

fortified wines, brandy, and vodka. 

Gallo owns 15 wineries situated 

throughout California and Washington, 

over 23,000 acres of vineyards across 

California, glass and bottling facilities, 

storage facilities, and distribution 

channels in states where legally 

permitted. 

Headquartered in Victor, New York, 

Constellation is a publically traded 

alcoholic beverage company. Founded 

in 1945, Constellation is the thirdlargest producer of beer and one of the 

world’s leading premium wine 

companies. Constellation is one of the 

three largest wine suppliers in the 

United States; in fiscal year 2018, it 

generated approximately $8.3 billion in 

gross revenue. 

On April 3, 2019, Gallo entered into 

an Asset Purchase Agreement with 

Constellation. Pursuant to the 

agreement, Gallo would acquire more 

than 30 mostly low-priced wine, 

brandy, concentrate and additive brands 

along with several wine-making 

facilities from Constellation in a 

transaction originally valued at 

approximately $1.7 billion. 

III. The Relevant Markets 

Gallo’s proposed acquisition of 

certain Constellation assets would likely 

result in substantial competitive harm 

in the following product markets: Entrylevel on-premise sparkling wine, lowpriced sparkling wine, low-priced 

brandy, low-priced port and low-priced 

sherry fortified wines, and HCCs. The 

United States is the relevant geographic 

market in which to assess the 

competitive effects of the proposed 

Acquisition. 

A. Entry-Level On-Premise Sparkling 

Wine 

Entry-level sparkling wine is often 

sold to on-premise retailers, such as 

restaurants, casinos, and hotels, for 

specific uses (e.g., brunch mimosas, 

complimentary or ‘‘floor’’ pours, 

banquets, and catering). Sparkling wine 

outside of the entry-level tier is 

generally priced significantly higher 

than entry-level on-premise sparkling 

wine. 

Gallo and Constellation are the two 

largest suppliers, by volume, of entrylevel on-premise sparkling wine in the 

United States. Absent relief, Gallo 

would have acquired Constellation’s J 

Roget brand, resulting in significant 

increases in concentration in a highly 

concentrated market, and giving rise to 

a presumption of increased market 

power under the Horizontal Merger 

Guidelines. Further, Gallo’s Wycliff 

brand and Constellation’s J Roget brand 

are close and vigorous competitors in 

the United States. Absent relief, the 

Acquisition would have substantially 

lessened the significant head-to-head 

competition between Gallo and 

Constellation, and would likely have 

increased Gallo’s ability and incentive 

to raise prices post-Acquisition. Entry 

into this market is difficult due to the 

specialized equipment and massive 

scale needed to produce sparkling wine 

at a low cost. In addition, the need for 

a nationwide distribution network and 

sales team to work with retailers present 

further obstacles to entry and 

expansion. 

B. Low-Priced Sparkling Wine 

Low-priced sparkling wine (generally 

described in the industry as ‘‘popular’’ 

sparkling wine) is predominately sold to 

off-premise retailers such as grocery 

stores, liquor stores, and convenience 

stores. Low-priced sparkling wine does 

not significantly compete with more 

expensive ‘‘premium’’ brands. 

Gallo’s Andre ́ and Constellation’s 

Cook’s brands are the two largest lowpriced sparkling wine brands in the 

United States, with other competitors 

being significantly smaller. Absent 

relief, Gallo would have acquired 

Constellation’s Cook’s brand, resulting 

in significant increases in concentration 

and a highly concentrated market, and 

giving rise to a presumption of 

increased market power under the 

Horizontal Merger Guidelines. Andre ́

and Cook’s directly compete for shelf 


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Federal Register / Vol. 86, No. 2 / Tuesday, January 5, 2021 / Notices 303 

space and sales in the off-premise retail 

channel. Absent relief, the Acquisition 

would have substantially lessened the 

significant head-to-head competition 

between Andre ́ and Cook’s and would 

likely have increased Gallo’s ability and 

incentive to raise prices postAcquisition. Entry into this market is 

difficult due to the specialized 

equipment and massive scale needed to 

produce low-priced sparkling wine. The 

need for a national distribution network 

and sales force, and retail relationships 

sufficient to compete with established 

brands for retail shelf space, present 

additional hurdles to entry and 

expansion. 

C. Low-Priced Brandy 

Brandy is a distilled spirit made from 

fruit, typically wine grapes. After 

distillation, it must be aged for at least 

two years in order to be labeled and sold 

as ‘‘brandy’’ in the United States. There 

is a large price and quality difference 

between low-priced brandies, which are 

typically produced domestically, and 

high-end imported brandies (primarily 

cognacs). Further, low-priced brandies 

do not compete closely with other types 

of spirits such as whiskeys, rums, 

vodkas, tequilas, and gins, since brandy 

has a unique taste profile and is often 

consumed straight rather than as a 

mixer. 

Gallo’s E & J Brandy and 

Constellation’s Paul Masson brandy are 

the two largest low-priced brandies. 

Absent relief, Gallo would have 

acquired Constellation’s Paul Masson 

brand, resulting in significant increases 

in concentration and a highly 

concentrated market, and giving rise to 

a presumption of increased market 

power under the Horizontal Merger 

Guidelines. Gallo and Constellation 

consider each other’s pricing when 

determining the price of their own lowpriced brandy brands and compete to 

develop new products for these brands. 

Absent relief, the Acquisition would 

have substantially lessened the 

significant head-to-head competition 

between E & J Brandy and Paul Masson, 

would likely result in lower quality, and 

would likely increase Gallo’s ability and 

incentive to raise prices postAcquisition. Entry is unlikely to deter or 

counteract the anticompetitive effects of 

the Acquisition due to the significant 

capital investment and distribution 

network required for large-scale brandy 

production. Further, the need for certain 

state and local environmental permits 

makes entry or expansion difficult. 

D. Low-Priced Port and Low-Priced 

Sherry 

Port and sherry are types of fortified 

wines (wines to which a distilled spirit 

has been added, giving them a higher 

alcohol by volume) that are used for 

both cooking and consumption. Due to 

their flavor profile, alcohol level, and 

use, port and sherry brands are distinct 

from table wines and generic cooking 

wines. Further, there is a significant 

price gap between low-priced, domestic 

brands of port and sherry and high-end 

imports. 

Gallo, which owns both the Sheffield 

Cellars and Fairbanks brands, and 

Constellation, which owns the Taylor 

brand, are the two largest suppliers, by 

volume, of low-priced port and lowpriced sherry fortified wines in the 

United States. Absent relief, Gallo 

would have owned three of the top four 

low-priced port and sherry brands. The 

Acquisition would have resulted in 

significant increases in concentration 

and lead to highly concentrated 

markets, resulting in a presumption of 

increased market power under the 

Horizontal Merger Guidelines. Gallo and 

Constellation are each other’s closest 

competitors. Absent relief, the 

Acquisition would have substantially 

lessened the significant head-to-head 

competition between Gallo and 

Constellation, and would likely increase 

Gallo’s ability and incentive to raise 

prices post-Acquisition. Entry into these 

markets is unlikely to occur due to the 

low level of interest in low-priced port 

and sherry from retailers, distributors, 

and third-party producers. In addition, 

producers of high-end imports have cost 

structures that render them unable to 

introduce a product at a price similar to 

domestic brands’. 

E. High Color Concentrates 

HCCs are grape-based additives that 

have been concentrated using 

sophisticated filtration technologies into 

a thick, shelf-stable syrup. HCCs are 

made from a specific grape varietal, 

Rubired, and are used by winemakers to 

deepen the color and enhance the taste 

and texture of red wines. HCCs are also 

used by food and beverage 

manufacturers in jellies, juices, and 

other products. HCCs have unique 

qualities that are not replicable through 

the use of lower-level concentrates or 

other winemaking techniques. 

Gallo and Constellation are the two 

largest HCC producers in the United 

States, and there is only one other 

domestic producer. Absent relief, the 

Acquisition would have resulted in 

significant increases in concentration 

and lead to a highly concentrated 

market, resulting in a presumption of 

increased market power under the 

Horizontal Merger Guidelines. Gallo and 

Constellation are each other’s closest 

competitors. Absent relief, the 

Acquisition would have substantially 

lessened the significant head-to-head 

competition between Gallo and 

Constellation, and would likely increase 

Gallo’s ability and incentive to raise 

prices post-Acquisition. Entry into this 

market is difficult due to the need for 

technical expertise and significant 

capital investments in production 

equipment. In addition to potentially 

needing certain regulatory permits, 

firms making attempts at HCC 

production can only do so annually 

during a narrow harvest window, which 

results in a lengthy development 

process. 

IV. The Proposed Consent Agreement 

The proposed Consent Agreement 

remedies the likely anticompetitive 

effects in the aforementioned product 

markets. The proposed Order requires 

that Constellation retain and maintain 

the assets of the J Roget and Cook’s 

brands. The Order also requires the 

following divestitures: Constellation 

will divest its Paul Masson brandy to 

Sazerac; Gallo will divest its Sheffield 

Cellars and Fairbanks low-priced port 

and sherry brands to Precept; and 

Constellation will divest its HCCs 

business to Vie-Del, no later than 10 

days after the closing of the Acquisition. 

The Order further prohibits 

Constellation from selling or leasing, 

and Gallo from buying, the Mission Bell 

production facility without prior 

Commission approval. Constellation 

produces Cook’s brand low-priced 

sparkling wine and HCCs at the Mission 

Bell facility, and will provide an interim 

supply of HCCs to the purchaser of that 

business. 

The proposed Order and Order to 

Maintain Assets also appoint William 

Berlin as Monitor. The Monitor will 

ensure that the parties comply with 

their obligations under the proposed 

Orders and keep the Commission 

informed about the status of the transfer 

of the assets and rights to the approved 

acquirers. 

Finally, the proposed Consent 

Agreement contains standard terms 

regarding each acquirer’s access to 

employees, protection of material 

confidential information, and 

compliance reporting requirements, 

among other things, to ensure the 

viability of the divested businesses. 


jbell on DSKJLSW7X2PROD with NOTICES
304 Federal Register / Vol. 86, No. 2 / Tuesday, January 5, 2021 / Notices 

A. Entry-Level On-Premise Sparkling 

Wine 

The proposed Consent Agreement 

remedies the likely anticompetitive 

effects of the proposed Acquisition in 

the entry-level on-premise sparkling 

wine market by requiring that 

Constellation take all actions necessary 

to retain and maintain the full economic 

viability, marketability, and 

competitiveness of its J Roget brand 

until four years after entry of the 

Consent Agreement. This remedy will 

preserve the status quo in the entrylevel on-premise sparkling wine market, 

resulting in no change in market 

concentration. 

B. Low-Priced Sparkling Wine 

The proposed Consent Agreement 

remedies the likely anticompetitive 

effects of the proposed Acquisition in 

the low-priced sparkling wine market by 

requiring that Constellation take all 

actions necessary to retain and maintain 

the full economic viability, 

marketability, and competitiveness of its 

Cook’s brand until four years after entry 

of the Consent Agreement. This remedy 

will preserve the status quo in the lowpriced sparkling wine market, resulting 

in no change in market concentration. 

C. Low-Priced Brandy 

The proposed Consent Agreement 

remedies the likely anticompetitive 

effects of the proposed Acquisition in 

the low-priced brandy market by 

requiring Constellation to divest the 

Paul Masson brandy to Sazerac, a spirits 

company based in New Orleans, 

Louisiana. This remedy would allow 

Sazerac to add a significant lowerpriced brandy brand to its portfolio 

while otherwise preserving the status 

quo in the low-priced brandy market, 

resulting in no change in market 

concentration. 

D. Low-Priced Port and Low-Priced 

Sherry 

The proposed Consent Agreement 

remedies the likely anticompetitive 

effects of the proposed Acquisition in 

the low-priced port and low-priced 

sherry markets by requiring Gallo to 

divest its Sheffield Cellars and 

Fairbanks brands to Precept, a winery 

based in Seattle, Washington. This 

remedy would launch Precept’s entry 

into the dessert and cooking wine 

categories while otherwise preserving 

the status quo in the low-priced port 

and low-priced sherry markets, resulting 

in no change in market concentration. 

E. High Color Concentrates 

The proposed Consent Agreement 

remedies the likely anticompetitive 

effects of the proposed Acquisition in 

the HCCs market by requiring 

Constellation to divest its HCCs 

business to Vie-Del, a producer of wine, 

spirits, and non-high-color grape 

concentrate products based in Fresno, 

California. Based on the Commission’s 

due diligence of Vie-Del as a divestiture 

buyer, the Commission deems it 

necessary to include the following 

provisions in the proposed Consent 

Agreement to help ensure Vie-Del’s 

success in the HCC business. Paragraph 

IV.B. of the proposed Order requires 

Constellation to provide assistance to 

Vie-Del in establishing production 

capacity equivalent to that of 

Constellation, and Paragraph IV.D. 

requires Constellation to produce 

concentrates to Vie-Del until Vie-Del is 

able to produce HCCs in commercial 

quantities and until transferring 

Constellation customers have qualified 

Vie-Del’s HCCs to meet their 

specifications. These provisions will 

help ensure Vie-Del is able to expand its 

customer base while otherwise 

preserving the status quo of three 

independent HCCs producers, resulting 

in no change in market concentration. 

The purpose of this analysis is to 

facilitate public comment on the 

proposed Consent Agreement to aid the 

Commission in determining whether it 

should make the proposed 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. 

Joel Christie, 

Acting Secretary. 

[FR Doc. 2020–29149 Filed 1–4–21; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[OMB Control No. 9000–0144; Docket No. 

2020–0053; Sequence No. 13] 

Submission for OMB Review; Payment 

by Electronic Fund Transfer-Other 

Than System for Award Management 

AGENCY: Department of Defense (DOD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Notice. 

SUMMARY: Under the provisions of the 

Paperwork Reduction Act, the 

Regulatory Secretariat Division has 

submitted to the Office of Management 

and Budget (OMB) a request to review 

and approve a revision and renewal of 

a previously approved information 

collection requirement regarding 

payment by electronic fund transfer 

(other than System for Award 

Management). 

DATES: Submit comments on or before 

February 4, 2021. 

ADDRESSES: Written comments and 

recommendations for this information 

collection should be sent within 30 days 

of publication of this notice to 

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by selecting ‘‘Currently under 

Review—Open for Public Comments’’ or 

by using the search function. 

Additionally, submit a copy to GSA 

through http://www.regulations.gov and 

follow the instructions on the site. This 

website provides the ability to type 

short comments directly into the 

comment field or attach a file for 

lengthier comments. 

Instructions: All items submitted 

must cite OMB Control No. 9000–0144, 

Payment by Electronic Fund TransferOther than System for Award 

Management. 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. If there are 

difficulties submitting comments, 

contact the GSA Regulatory Secretariat 

Division at 202–501–4755 or 

GSARegSec@gsa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Zenaida Delgado, Procurement Analyst, 

at telephone 202–969–7207, or 

zenaida.delgado@gsa.gov. 

SUPPLEMENTARY INFORMATION: 

A. OMB Control Number, Title, and 

Any Associated Form(s) 

9000–0144, Payment by Electronic 

Fund Transfer—Other than System for 

Award Management. 

B. Need and Uses 

This clearance covers the information 

that contractors must submit to comply 

with the following Federal Acquisition 

Regulation (FAR) requirement: 

• 52.232–34, Payment by Electronic 

Funds Transfer—Other than System for 

Award Management. This clause 

requires contractors to provide the 

following information to enable the 

Government to make payments under 


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