Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Notices 1785 

1The comment must be accompanied by an 

explicit request for confidential treatment, 

including the factual and legal basis for the request, 

and must identify the specific portions of the 

comment to be withheld from the public record. 

The request will be granted or denied by the 

Commission’s General Counsel, consistent with 

applicable law and the public interest. See FTC 

Rule 4.9(c), 16 CFR 4.9(c). 

225), and all other applicable statutes 

and regulations to become a bank 

holding company and/or to acquire the 

assets or the ownership of, control of, or 

the power to vote shares of a bank or 

bank holding company and all of the 

banks and nonbanking companies 

owned by the bank holding company, 

including the companies listed below. 

The applications listed below, as well 

as other related filings required by the 

Board, are available for immediate 

inspection at the Federal Reserve Bank 

indicated. The application also will be 

available for inspection at the offices of 

the Board of Governors. Interested 

persons may express their views in 

writing on the standards enumerated in 

the BHC Act (12 U.S.C. 1842(c)). If the 

proposal also involves the acquisition of 

a nonbanking company, the review also 

includes whether the acquisition of the 

nonbanking company complies with the 

standards in section 4 of the BHC Act 

(12 U.S.C. 1843). Unless otherwise 

noted, nonbanking activities will be 

conducted throughout the United States. 

Additional information on all bank 

holding companies may be obtained 

from the National Information Center 

website at www.ffiec.gov/nic/. 

Unless otherwise noted, comments 

regarding each of these applications 

must be received at the Reserve Bank 

indicated or the offices of the Board of 

Governors not later than February 5, 

2010. 

A. Federal Reserve Bank of San 

Francisco (Tracy Basinger, Director, 

Regional and Community Bank Group) 

101 Market Street, San Francisco, 

California 94105-1579: 

1. BW Acquisition, LLC, and Teach 

and Save, LLC (as a controlling owner 

of BW Acquisition, LLC), both of 

Fountain Green, Utah, to become bank 

holding companies by acquiring 57.7 

percent of the voting shares of Utah 

Community Bancorp and thereby 

indirectly acquire Utah Community 

Bank, both of Sandy, Utah. 

Board of Governors of the Federal Reserve 

System, January 8, 2010. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. 2010–448 Filed 1–12–10; 8:45 am] 

BILLING CODE 6210–01–S 

FEDERAL TRADE COMMISSION 

[File No. 091 0068] 

Agrium Inc. and CF Industries Holding, 

Inc.; Analysis of the Agreement 

Containing Consent Orders to Aid 

Public Comment 

AGENCY: Federal Trade Commission. 

ACTION: Proposed Consent Agreement. 

SUMMARY: The consent agreement in this 

matter settles alleged violations of 

federal law prohibiting unfair or 

deceptive acts or practices or unfair 

methods of competition. The attached 

Analysis to Aid Public Comment 

describes both the allegations in the 

draft complaint and the terms of the 

consent order — embodied in the 

consent agreement — that would settle 

these allegations. 

DATES: Comments must be received on 

or before January 22, 2010. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to ‘‘Agrium and 

CF Industries, File No. 091 0068’’ to 

facilitate the organization of comments. 

Please note that your comment — 

including your name and your state — 

will be placed on the public record of 

this proceeding, including on the 

publicly accessible FTC website, at 

(http://www.ftc.gov/os/ 

publiccomments.shtm). 

Because comments will be made 

public, they should not include any 

sensitive personal information, such as 

an individual’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. Comments 

also should not include any sensitive 

health information, such as medical 

records or other individually 

identifiable health information. In 

addition, comments should not include 

any ‘‘[t]rade secret or any commercial or 

financial information which is obtained 

from any person and which is privileged 

or confidential. . . .,’’ as provided in 

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

46(f), and Commission Rule 4.10(a)(2), 

16 CFR 4.10(a)(2). 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), 16 CFR 4.9(c).1

Because paper mail addressed to the 

FTC is subject to delay due to 

heightened security screening, please 

consider submitting your comments in 

electronic form. Comments filed in 

electronic form should be submitted by 

using the following weblink (https:// 

public.commentworks.com/ftc/ 

agriumcf) and following the instructions 

on the web-based form. To ensure that 

the Commission considers an electronic 

comment, you must file it on the webbased form at the weblink: (https:// 

public.commentworks.com/ftc/ 

agriumcf). If this Notice appears at 

(http://www.regulations.gov/search/ 

index.jsp), you may also file an 

electronic comment through that 

website. The Commission will consider 

all comments that regulations.gov 

forwards to it. You may also visit the 

FTC website at (http://www.ftc.gov/) to 

read the Notice and the news release 

describing it. 

A comment filed in paper form 

should include the ‘‘Agrium and CF 

Industries, File No. 091 0068’’ reference 

both in the text and on the envelope, 

and should be mailed or delivered to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

Room H-135 (Annex D), 600 

Pennsylvania Avenue, NW, Washington, 

DC 20580. The FTC is requesting that 

any comment filed in paper form be sent 

by courier or overnight service, if 

possible, because U.S. postal mail in the 

Washington area and at the Commission 

is subject to delay due to heightened 

security precautions. 

The Federal Trade Commission Act 

(‘‘FTC Act’’) and other laws 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, 

whether filed in paper or electronic 

form. Comments received will be 

available to the public on the FTC 

website, to the extent practicable, at 

(http://www.ftc.gov/os/ 

publiccomments.shtm). As a matter of 

discretion, the Commission makes every 

effort to remove home contact 

information for individuals from the 

public comments it receives before 

placing those comments on the FTC 

website. More information, including 

routine uses permitted by the Privacy 

Act, may be found in the FTC’s privacy 

policy, at (http://www.ftc.gov/ftc/ 

privacy.shtm). 


srobinson on DSKHWCL6B1PROD with NOTICES
1786 Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Notices 

FOR FURTHER INFORMATION CONTACT: 

Robert S. Tovsky (202-326-2634), 

Bureau of Competition, 600 

Pennsylvania Avenue, NW, Washington, 

D.C. 20580. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 6(f) of the Federal Trade 

Commission Act, 38 Stat. 721, 15 U.S.C. 

46(f), and § 2.34 the Commission Rules 

of Practice, 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 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 

Home Page (for December 23, 2009), on 

the World Wide Web, at (http:// 

www.ftc.gov/os/actions.shtm). A paper 

copy can be obtained from the FTC 

Public Reference Room, Room 130-H, 

600 Pennsylvania Avenue, NW, 

Washington, D.C. 20580, either in 

person or by calling (202) 326-2222. 

Public comments are invited, and may 

be filed with the Commission in either 

paper or electronic form. All comments 

should be filed as prescribed in the 

ADDRESSES section above, and must be 

received on or before the date specified 

in the DATES section. 

Analysis of Agreement Containing 

Consent Order to Aid Public Comment 

I. Introduction 

The Federal Trade Commission 

(‘‘Commission’’ or ‘‘FTC’’) has accepted, 

subject to final approval, an Agreement 

Containing Consent Orders (‘‘Consent 

Agreement’’) from Agrium Inc. 

(‘‘Agrium’’), that will completely remedy 

the anticompetitive effects that would 

likely result from Agrium’s proposed 

acquisition of CF Industries Holdings, 

Inc. (‘‘CF’’). Under the terms of the 

Consent Agreement, Agrium is required 

to, among other things, divest 

anhydrous ammonia (‘‘AA’’) terminals in 

Ritzville, Washington, and Marseilles, 

Illinois to Terra Industries Inc. (‘‘Terra’’) 

or another Commission-approved 

purchaser. Agrium is also required to 

divest its rights to market and distribute 

the AA produced by Rentech at 

Rentech’s East Dubuque, Illinois 

manufacturing plant back to Rentech. 

The proposed Consent Agreement has 

been placed on the public record for 

thirty (30) days for receipt of comments 

by interested persons. Comments 

received during this period will become 

part of the public record. After thirty 

(30) days, the Commission will again 

review the proposed Consent 

Agreement, and will decide whether it 

should withdraw from the proposed 

Consent Agreement, modify it, or make 

it final. 

II. Description of the Parties and the 

Proposed Acquisition 

Agrium, a Calgary, Alberta-based 

company, is a major supplier of 

agricultural products and services in 

North and South America. It is also a 

leading global producer, distributor, and 

marketer of three primary groups of 

fertilizers: nitrogen, phosphate, and 

potash, as well as control release 

fertilizers and micronutrients. Agrium’s 

operations in North America include 

four nitrogen fertilizer manufacturing 

plants and ten fertilizer storage and 

distribution terminals. Agrium’s total 

net sales in 2008 were approximately 

$10 billion. 

CF Industries Holdings, Inc. is 

headquartered in Deerfield, Illinois, and 

is the holding company for CF 

Industries, Inc., a major producer and 

distributor of nitrogen and phosphate 

fertilizers. CF owns two nitrogen 

fertilizer manufacturing plants and 

twenty-two fertilizer storage and 

distribution terminals in North America. 

Its customers include cooperatives and 

independent fertilizer retailers primarily 

located in the eastern and western 

cornbelt states. CF’s total net sales in 

2008 were approximately $3.9 billion. 

On February 25, 2009, Agrium 

publicly announced that it had 

submitted a proposal to CF’s board of 

directors to acquire CF for a total 

consideration of approximately $3.6 

billion. Since then, Agrium has 

repeatedly extended its tender offer and 

CF’s Board of Directors has consistently 

rejected these offers. Most recently, 

Agrium increased its offer to 

approximately $4.95 billion. This offer 

will expire on January 22, 2010. If CF 

accepts Agrium’s tender offer, Agrium 

will hold 100 percent of the voting 

securities of CF, and CF will become a 

wholly owned subsidiary of Agrium. 

III. The Proposed Complaint 

The proposed complaint alleges that 

Agrium’s acquisition of CF, if 

consummated, may substantially lessen 

competition or tend to create a 

monopoly in the distribution and sale of 

AA in the Pacific Northwest (‘‘PNW’’) 

and two geographic areas in Northern 

Illinois in violation of 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. Specifically, the acquisition would 

eliminate actual, direct, and substantial 

competition between Agrium and CF in 

the relevant markets; increase Agrium’s 

ability to exercise market power 

unilaterally in the relevant markets; and 

substantially increase the level of 

concentration in the relevant markets 

and enhance the probability of 

coordination in the two markets in 

Northern Illinois. 

AA is one of the three major forms of 

nitrogen fertilizer with the other two 

being urea and urea ammonia nitrate 

(‘‘UAN’’). Of the three nitrogen-based 

fertilizers, AA has the highest nitrogen 

content at 82 percent, while urea and 

UAN have 46 percent and 28 to 32 

percent nitrogen content, respectively. 

AA also tends to be the least expensive 

nitrogen fertilizer on a per pound of 

nitrogen basis. Thus, AA can often be 

the most cost effective means to deliver 

nitrogen to the soil. 

When deciding which type of 

nitrogen fertilizer to use, customers 

consider soil and topographical 

characteristics, equipment, and weather. 

AA is the most cost effective and 

efficient to use in dry areas where the 

topsoil is relatively thin. In moist 

conditions, there is a danger that AA 

will leach into the water table, thus 

becoming less effective, and that the 

heavy machinery required to apply AA 

would damage the field. 

AA is applied as a fertilizer directly 

by injecting or ‘‘knifing’’ it into the soil. 

This process requires specialized 

equipment to transport, store, and apply 

the fertilizer. Customers who use AA 

have already made significant 

investments to acquire the necessary 

infrastructure and application 

equipment. Switching away from AA 

thus would require customers to: (a) 

abandon the investments they have 

already made to use AA; and (b) make 

additional investments to obtain the 

necessary infrastructure and application 

equipment to apply other nitrogen 

products. These investments are costly 

and switching from AA to one of the 

other nitrogen-based fertilizers would be 

time-consuming. Thus, existing 

customers are not likely to shift away 

from using AA. 

The proposed complaint alleges that 

the three geographic areas in which to 

analyze the competitive effects of the 

transaction are the PNW and two 

adjacent areas in Northern Illinois. AA 

is transported from its site of production 

or from import terminals by barge, 

pipeline, rail, and truck to fertilizer 

storage terminals or, in limited 

situations, directly to fertilizer retailers. 

From there, AA is delivered by truck to 

local fertilizer retailers, where it is 

stored in smaller scale storage tanks. 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Notices 1787 

The fertilizer retailers pump liquid AA 

from their storage tanks into smaller 

mobile nurse tanks. These nurse tanks 

are then towed to a farmer’s field and 

hitched behind a tractor for application. 

Because fertilizer application seasons 

are highly compressed, fertilizer 

retailers expect a timely and reliable 

source of AA supply to meet customer 

demand during the peak of application 

season. As transportation costs can 

make it difficult for terminal owners to 

be price competitive and profitable, AA 

distributors must have adequate 

terminals or storage facilities within 100 

to 140 miles of customer locations. 

In the PNW, Agrium and CF are the 

only major suppliers of AA. Thus, the 

proposed acquisition would reduce the 

number of significant AA suppliers in 

the PNW from 2 to 1. In the two areas 

in Northern Illinois, Agrium and CF are 

two of only three significant suppliers of 

AA. As a result, the proposed 

acquisition would reduce the number of 

major AA suppliers in those areas from 

three to two. 

As stated in the proposed complaint, 

entry would not be timely, likely, or 

sufficient to deter or counteract the 

anticompetitive effects of this 

acquisition. A new entrant would need: 

(1) sufficient AA storage capacity to 

supply customers; (2) a proper 

distribution infrastructure; and (3) a 

secure source of AA for the storage 

facility. For a new entrant to satisfy each 

of these steps requires significant sunk 

costs, onerous regulatory approvals and 

local permitting, and technical 

expertise. This does not take into 

account the cost and time it takes to 

achieve a significant market impact. 

Thus, it is unlikely that new entry or 

fringe expansion from another supplier 

would be timely, likely, or sufficient 

enough to thwart anticompetitive harm 

from the proposed acquisition. 

IV. The Terms of the Agreement 

Containing Consent Orders 

The Consent Agreement will remedy 

the Commission’s competitive concerns 

about the proposed acquisition and 

preserve competition in each of the 

relevant markets. Under the terms of the 

Consent Agreement, Agrium would be 

required to divest: (1) the CF Ritzville, 

Washington AA terminal; (2) its 

Marseilles, Illinois AA terminal; and (3) 

its rights to market the AA produced by 

Rentech at Rentech’s East Dubuque, 

Illinois, manufacturing plant. Agrium 

plans to divest the Ritzville and 

Marseilles terminals to Terra, but the 

proposed Decision and Order provides 

for a divestiture to another purchaser 

with a source of AA if Terra is unable 

to accomplish the divestitures. The 

Order also provides that Rentech will 

receive the rights to distribute and 

market the AA produced in its own 

manufacturing facility in East Dubuque. 

Pursuant to a settlement agreement 

between Agrium and the Canadian 

Competition Bureau, Terra will acquire 

a 50 percent interest in Agrium’s 

nitrogen fertilizer production plant in 

Carseland, Alberta. The Carseland 

divestiture will give Terra an 

unencumbered supply of AA for the 

Ritzville, Washington terminal. 

The Order to Hold Separate and 

Maintain Assets requires Agrium to 

maintain the assets to be divested and 

operate the Ritzville Terminal 

independently until the respective 

divestitures are completed. 

A. Key Provisions of the Decision and 

Order 

The proposed Decision and Order will 

allow for effective divestiture of the key 

assets that today allow CF to provide an 

independent competitive presence to 

Agrium in the relevant markets, and 

therefore will preserve the market 

structure. Paragraph II of the Decision 

and Order provides that Agrium divest 

the Ritzville Terminal and Carseland 

Facility Interest to Terra within fortyfive days of Agrium’s acquisition. This 

paragraph further states that in the event 

that the Ritzville Terminal divestiture 

cannot be made to Terra, Agrium will 

have one-hundred-twenty days from the 

date the Decision and Order becomes 

final to divest these assets to a 

Commission-approved acquirer that has 

a secure and stable, independent, longterm source of AA. 

Paragraph III of the Decision and 

Order provides that Agrium divest the 

Marseilles Terminal to Terra within 

forty-five days of Agrium’s acquisition 

of CF. If this does not occur, the Order 

requires that Agrium divest the 

Marseilles Terminal to a Commissionapproved acquirer within one-hundredtwenty days from the date the Decision 

and Order becomes final. Paragraph IV 

requires Agrium to terminate its rights 

to distribute AA produced by Rentech 

pursuant to the Agrium/Rentech 

Distribution Agreement no later than 

five days after Agrium acquires CF. 

The Decision and Order defines the 

scope of the assets to include the 

attributes of an ongoing business, such 

as necessary real property, tangible 

personal property, inventories, 

contracts, records of the business, 

accounts receivable permits, and all 

applicable regulatory registrations, 

permits, and applications. Pursuant to 

Paragraphs II.G and III.G of the 

proposed Decision and Order, Agrium 

also is required to provide necessary 

transition services to Terra or another 

Commission-approved acquirer. The 

purpose of this provision is to allow for 

a smooth transition of the terminal 

operations to the acquirer. 

Paragraph V of the proposed Decision 

and Order requires that the Parties keep 

private, except where necessary under 

the agreement, confidential business 

information related to the divested 

terminals. Paragraph VI of the proposed 

Decision and Order provides for 

appointment of a divestiture trustee. 

Paragraph VII of the Decision and Order 

provides mechanisms for the retention 

of Ritzville Terminal and Marseilles 

Terminal employees by the 

Commission-approved acquirer. 

Paragraph VIII of the proposed 

Decision and Order requires that the 

Parties provide the Commission with 

‘‘advance written notification’’ of any 

intent to acquire assets or interests in 

terminals that store AA in any area 

affected by the proposed divestitures. 

Paragraphs IX-X define reporting 

obligations. Paragraph XI requires 

Agrium to provide the Commission 

access to company information and 

employees for purposes of determining 

or securing compliance with the 

Decision and Order. Paragraph XII states 

that the Decision and Order shall 

terminate ten years after the date on 

which the Order becomes final. 

B. Key Provisions of the Order to Hold 

Separate and Maintain Assets 

The Order to Hold Separate and 

Maintain Assets (‘‘Hold Separate Order’’) 

requires that Agrium maintain the 

Marseilles Terminal, Ritzville Terminal, 

and Carseland Facility assets until such 

time as the assets are divested. The Hold 

Separate Order requires that Agrium 

establish a system to maintain 

confidential information until the 

divestitures are completed. It also gives 

the Commission the option to appoint a 

Monitor to ensure that Agrium complies 

with all of its obligations and performs 

all of its responsibilities as required by 

the Decision and Order and the Hold 

Separate Order. The Hold Separate 

Order incorporates the traditional 

provisions that allow the Monitor broad 

oversight of the assets, and requires the 

Monitor to report to the Commission on 

a regular basis. The Hold Separate Order 

also requires Agrium to maintain the 

Ritzville Terminal assets as an 

independent business pending 

divestiture. After the acquisition, the 

Commission can require Agrium to 

appoint a Manager to run the terminal 

on an independent basis pending the 

divestiture of the assets. Finally, the 

Hold Separate Order allows the 

Commission to appoint a Hold Separate 


srobinson on DSKHWCL6B1PROD with NOTICES
1788 Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Notices 

Trustee to operate the assets if the assets 

are not divested by the deadline set by 

the Commission. 

The purpose of this analysis is to 

invite public comment on the proposed 

Consent Agreement, in order to aid the 

Commission in its determination of 

whether to make the proposed Consent 

Agreement final. This analysis is not 

intended to constitute an official 

interpretation of the proposed Consent 

Agreement nor is it intended to modify 

the terms of the proposed Consent 

Agreement in any way. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2010–410 Filed 1–12–10; 8:45 am] 

BILLING CODE 6750–01–S 

GENERAL SERVICES 

ADMINISTRATION 

[OMB Control No. 3090–0086] 

General Services Administration 

Acquisition Regulation; Submission 

for OMB Review; GSA Form 1364, 

Proposal To Lease Space 

AGENCY: Acquisition Policy Division, 

GSA. 

ACTION: Notice of request for comments 

regarding a reinstatement of an 

information collection requirement for 

an existing OMB clearance. 

SUMMARY: Under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35), the General Services 

Administration will be submitting to the 

Office of Management and Budget 

(OMB) a request to review and approve 

a revision to the reinstatement of a 

previously approved information 

collection requirement regarding GSA 

Forms 1364/1364A, Proposal to Lease 

Space (Not Required by Regulation). 

This form is used to obtain information 

about property being offered for lease to 

house Federal agencies. In the past, GSA 

also used a 1364A which requested 

information regarding how tenant 

improvements were financed by a 

prospective lessor. The new version of 

form combines the former 1364 and 

1364A, and it also collects other 

financial aspects contained in an offer 

for analysis and negotiation into lease 

contracts (e.g. real estate taxes, 

adjustments for vacant space, offerors’ 

design and construction fees). A request 

for public comments was published in 

the Federal Register at 74 FR 52811, on 

October 14, 2009. No comments were 

received. 

Public comments are particularly 

invited on: Whether this collection of 

information is necessary and whether it 

will have practical utility; whether our 

estimate of the public burden of this 

collection of information is accurate and 

based on valid assumptions and 

methodology; and ways to enhance the 

quality, utility, and clarity of the 

information to be collected. 

DATES: Submit comments on or before: 

February 12, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Beverly Cromer, Procurement Analyst, 

Acquisition Policy Division, at 

telephone (202) 501–1448 or via e-mail 

to Beverly.cromer@gsa.gov. 

ADDRESSES: Submit comments regarding 

this burden estimate or any other aspect 

of this collection of information, 

including suggestions for reducing this 

burden to the Regulatory Secretariat 

(MVPR), General Services 

Administration, 1800 F Street, NW., 

Room 4041, Washington, DC 20405. 

Please cite OMB Control No. 3090–0086, 

GSA Form 1364/1364A, Proposal to 

Lease Space (Not Required by 

Regulation), in all correspondence. 

SUPPLEMENTARY INFORMATION: 

A. Purpose 

The General Services Administration 

(GSA) has various mission 

responsibilities related to the 

acquisition and provision of real 

property management, and disposal of 

real and personal property. These 

mission responsibilities generate 

requirements that are realized through 

the solicitation and award of leasing 

contracts. Individual solicitations and 

resulting contracts may impose unique 

information collection/reporting 

requirements on contractors, not 

required by regulation, but necessary to 

evaluate particular program 

accomplishments and measure success 

in meeting program objectives. 

B. Annual Reporting Burden 

Respondents: 5733. 

Responses Per Respondent: 1. 

Hours Per Response: 5.0205. 

Total Burden Hours: 28,783. 

Obtaining Copies of Proposals: 

Requesters may obtain a copy of the 

information collection documents from 

the General Services Administration, 

Regulatory Secretariat (MVPR), 1800 F 

Street, NW., Room 4041, Washington, 

DC 20405, telephone (202) 501–4755. 

Please cite OMB Control No. 3090–0086, 

GSA Form 1364, Proposal to Lease 

Space, in all correspondence. 

Dated: January 7, 2010. 

Al Matera, 

Director, Acquisition Policy Division. 

[FR Doc. 2010–417 Filed 1–12–10; 8:45 am] 

BILLING CODE 6820–61–P 

GENERAL SERVICES 

ADMINISTRATION 

[OMB Control No. 3090–0246] 

General Services Administration 

Regulation; Submission for OMB 

Review; Packing List Clause 

AGENCY: Office of Acquisition Policy, 

GSA. 

ACTION: Notice of request for 

reinstatement of and information 

collection requirement for an existing 

OMB clearance. 

SUMMARY: Under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35), the General Services 

Administration will be submitting to the 

Office of Management and Budget 

(OMB) a request to review and approve 

a reinstatement of a previously 

approved information collection 

requirement regarding the packing list 

clause. A request for public comments 

was published in the Federal Register at 

74 FR 52811, October 14, 2009. No 

comments were received. 

Public comments are particularly 

invited on: whether this collection of 

information is necessary and whether it 

will have practical utility; whether our 

estimate of the public burden of this 

collection of information is accurate, 

and based on valid assumptions and 

methodology; and ways to enhance the 

quality, utility, and clarity of the 

information to be collected. 

DATES: Submit comments on or before: 

February 12, 2010. 

ADDRESSES: Submit comments regarding 

this burden estimate or any other aspect 

of this collection of information, 

including suggestions for reducing this 

burden to the GSA Desk Officer, OMB, 

Room 10236, NEOB, Washington, DC 

20503, and a copy to the Regulatory 

Secretariat (MVPR), General Services 

Administration, 1800 F Street, NW., 

Room 4041, Washington, DC 20405. 

Please cite OMB Control No. 3090–0246, 

Packing List Clause, in all 

correspondence. 

FOR FURTHER INFORMATION CONTACT: 

Michael O. Jackson, Procurement 

Analyst, Contract Policy Branch, by 

telephone (202) 208–4949 or via e-mail 

at michaelo.jackson@gsa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Purpose 

GSAR clause 552.211–77, Packing 

List, requires a contractor to include a 

packing list that verifies placement of an 

order and identifies the items shipped. 

In addition to information contractors 

would normally include on packing 

lists, the identification of cardholder 


srobinson on DSKHWCL6B1PROD with NOTICES