5658 Federal Register / Vol. 74, No. 19 / Friday, January 30, 2009 / Notices 

eliminating direct and substantial 

competition between Dow and Rohm & 

Haas, by increasing Dow’s ability to 

exercise market power unilaterally in 

the relevant markets, and/or by 

increasing the likelihood of coordinated 

interaction in the markets for glacial 

acrylic acid, butyl acrylate, and ethyl 

acrylate. The Complaint further alleges 

that potential new entry or fringe 

expansion would not prevent the 

anticompetitive effects described in the 

Complaint. 

III. Terms of the Proposed Order 

Under the proposed Consent 

Agreement, Dow will divest to a single 

Commission-approved Acquirer a 

significant part of its acrylic monomer 

and polymer research and development 

and production assets including: its 

acrylic monomer production facility in 

Clear Lake, Texas; its acrylic polymer 

production assets located in St. Charles, 

Louisiana; its acrylic polymer 

production facility located in Alsip, 

Illinois; its acrylic polymer production 

facility located in Torrance, California; 

its acrylic monomer research and 

development group located in South 

Charleston, West Virginia; its acrylic 

latex polymer research and 

development group located in Cary, 

North Carolina, and other assets related 

to such businesses. The divestiture 

would also include the technology that 

is primarily related to these businesses, 

and further provides that Dow license to 

the Acquirer any intellectual property 

not primarily related to the divested 

business that Dow nonetheless uses in 

those businesses, and requires Dow to 

divest the business contracts of the 

divested businesses, and obtain the 

consents that are necessary to assign 

those contracts to the Acquirer. The 

divestiture to a single acquirer of both 

acrylic monomer and acrylic polymer 

research, development, manufacture 

and production assets best replicates the 

pre-acquisition market structure in 

which each of the significant acrylic 

monomer firms was forward-integrated 

into the supply of acrylic polymers. 

In order to ensure the transition of the 

divested assets and the viability of the 

Acquirer, the Consent Agreement 

requires Dow to provide certain 

services. First, Dow is required to 

continue to provide certain input 

products to the Acquirer that Dow 

provided previously to the divested 

assets. Second, the Consent Agreement 

requires Dow to provide transition 

services for a short period of time to 

accomplish the transition of the 

divested assets to the Acquirer. Finally, 

the Consent Agreement requires that 

Dow continue to provide site services to 

the Acquirer in connection with the 

acrylic polymer production assets 

located in St. Charles, Louisiana, where 

the Acquirer will operate a business 

unit that, although largely separate, is 

located on the grounds of a larger Dow 

facility. 

The Consent Agreement remedies the 

competitive concerns in the markets for 

hollow sphere particles and acrylic latex 

polymer for traffic paint by requiring 

Dow to divest the intellectual property 

that is primarily related to these 

products and to license certain other 

intellectual property used for these 

products. In addition, Dow is required 

to supply hollow sphere particles and 

acrylic latex polymer for traffic paint to 

the Acquirer at its manufacturing cost, 

until such time as the Acquirer is able 

to develop its own manufacturing. 

The Consent Agreement also requires 

Dow to institute procedures to ensure 

that it does not have access directly, or 

indirectly, to competitively sensitive 

non-public information obtained from 

the Divested Businesses and Facilities 

or to use any such competitively 

sensitive non-public information it 

already has in an anticompetitive 

manner. 

The proposed Order gives the 

Commission the power to appoint an 

interim monitor to assure that Dow 

expeditiously complies with all of its 

obligations and performs all of its 

responsibilities as required by the 

Order. If Dow fails to sell the divested 

assets within the later of (1) 240 days 

after the Consent Agreement is accepted 

by the Commission for Public Comment 

and (2) 240 days after the Acquisition 

closes, the Order allows for the 

appointment of a Divestiture Trustee to 

divest the assets that are the subject of 

the proposed Order. In order to ensure 

that the Commission remains informed 

about the status of the proposed 

divestitures and the transfers of assets, 

the proposed Consent Agreement 

requires Dow to file reports with the 

Commission periodically until the 

divestitures and transfers are 

accomplished. 

The purpose of this analysis is to 

facilitate public comment on the 

proposed Decision and Order. This 

analysis is not intended to constitute an 

official interpretation of the Consent 

Agreement and the proposed Decision 

and Order. 

By direction of the Commission. 

Donald S. Clark 

Secretary 

[FR Doc. E9–2081 Filed 1–29–09: 8:45 am] 

[BILLING CODE 6750–01–S] 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

[60-Day–09–09AM] 

Proposed Data Collections Submitted 

for Public Comment and 

Recommendations 

In compliance with the requirement 

of Section 3506(c)(2)(A) of the 

Paperwork Reduction Act of 1995 for 

opportunity for public comment on 

proposed data collection projects, the 

Centers for Disease Control and 

Prevention (CDC) will publish periodic 

summaries of proposed projects. 

Alternatively, to obtain a copy of the 

data collection plans and instrument, 

call 404–639–5960 and send comments 

to Maryam I. Daneshvar, CDC Reports 

Clearance Officer, 1600 Clifton Road, 

NE., MS–D74, Atlanta, Georgia 30333; 

comments may also be sent by e-mail to 

omb@cdc.gov. 

Comments are invited on (a) whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information shall have a 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information; (c) 

ways to enhance the quality, utility, and 

clarify of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on respondents, including through the 

use of information technology. Written 

comments should be received within 60 

days of this notice. 

Proposed Project 

Prevalence Survey of Healthcare 

Acquired Infections (HAIs) in U.S. 

Acute Care Hospitals—New—National 

Center for Preparedness, Detection, and 

Control of Infectious Diseases 

(NCPDCID), Centers for Disease Control 

and Prevention (CDC). 

Background and Brief Description 

CDC is requesting OMB approval to 

conduct a survey to obtain national 

estimates of HAIs prevalence in the 

United States. Preventing HAIs is a CDC 

priority. An essential step in reducing 

the occurrence of HAIs is to accurately 

estimate the burden of these infections 

in U.S. hospitals and to describe the 

types of HAIs and their causative 

organisms. The scope and magnitude of 

HAIs in the U.S. were last directly 

estimated in the 1970s and 1980s by 

CDC’s Study on the Efficacy of 

Nosocomial Infection Control (SENIC), 

in which comprehensive data were 

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Federal Register / Vol. 74, No. 19 / Friday, January 30, 2009 / Notices 5659 

collected from a sample of 338 

hospitals; 5% of hospitalized patients 

acquired an infection not present at the 

time of admission. Because of the 

substantial resources necessary to 

conduct hospital-wide surveillance in 

an ongoing manner, CDC’s current HAI 

surveillance system, the National 

Healthcare Safety Network (NHSN), 

focuses instead on device-associated 

and procedure-associated infections in a 

variety of patient locations, and does 

not receive data on all types of HAIs to 

make hospital-wide burden estimates. 

The purpose of this data collection is to 

assess the magnitude and types of HAIs 

occurring in all patient populations 

within acute care hospitals in order to 

inform decisions by local and national 

policy makers and hospital infection 

control personnel regarding appropriate 

targets and strategies for HAI 

prevention. Such assessments can be 

obtained in periodic national prevalence 

studies, such as those that have been 

conducted in several European 

countries. 

The proposed survey will be 

conducted in a representative sample of 

500 U.S. acute care hospitals, and will 

require infection control personnel in 

each participating hospital to collect 

surveillance data on CDC-defined HAIs 

on a single day for a sample of eligible 

patients in the participating hospitals. 

CDC will use the data provided to 

estimate the prevalence of HAIs across 

this representative sample of U.S. 

hospitals as well as the distribution of 

infection types and causative organisms. 

CDC will also use this data to promote 

its goal of preventing HAIs. 

The proposed project supports CDC’s 

Strategic Goal of ‘‘Healthy Healthcare 

Settings,’’ specifically the objective to 

‘‘Promote compliance with evidencebased guidelines for preventing, 

identifying, and managing disease in 

healthcare settings.’’ There are no costs 

to respondents, other than their time to 

complete the survey. 

ESTIMATE OF ANNUALIZED BURDEN HOURS

Respondents Number of 

respondents 

Number of 

responses per 

respondent 

Average 

burden per 

response 

(in hours) 

Total burden 

(in hours) 

Infection Control Practitioners ......................................................................... 500 74 15/60 9,250 

Total .......................................................................................................... ........................ ........................ ........................ 9,250 

Dated: January 22, 2009. 

Maryam I. Daneshvar, 

Acting Reports Clearance Officer, Centers for 

Disease Control and Prevention. 

[FR Doc. E9–2002 Filed 1–29–09; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

[30Day-09–0544] 

Agency Forms Undergoing Paperwork 

Reduction Act Review 

The Centers for Disease Control and 

Prevention (CDC) publishes a list of 

information collection requests under 

review by the Office of Management and 

Budget (OMB) in compliance with the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35). To request a copy of these 

requests, call the CDC Reports Clearance 

Officer at (404) 639–5960 or send an 

e-mail to omb@cdc.gov. Send written 

comments to CDC Desk Officer, Office of 

Management and Budget, Washington, 

DC or by fax to (202) 395–6974. Written 

comments should be received within 30 

days of this notice. 

Proposed Project 

NIOSH Customer Satisfaction 

Survey—Reinstatement—National 

Institute for Occupational Safety and 

Health, (NIOSH) Centers for Disease 

Control and Prevention, (CDC). 

Background and brief description 

The mission of the National Institute 

for Occupational Safety and Health 

(NIOSH) is to promote safety and health 

at work for all people through research 

and prevention. The Occupational 

Safety and Health Act, Public Law 91– 

596 (section 20[a][1]) authorizes the 

National Institute for Occupational 

Safety and Health (NIOSH) to conduct 

research to advance the health and 

safety of workers. NIOSH conducted a 

baseline survey in 2003 to assess 

customer satisfaction with NIOSH 

communication products, services, and 

methods of dissemination [OMB #0920– 

0544 expired 03/31/2003]. The baseline 

survey established an initial benchmark 

for gauging the effectiveness of NIOSH’s 

communication products, outreach 

services, and identified areas for 

improvement. 

NIOSH is conducting a follow-up 

Customer Satisfaction Survey of 

occupational safety and health 

professionals. A mail survey is planned 

with an option that will allow 

respondents to complete the survey 

electronically. The current survey is a 5- 

year follow-up designed to enable 

NIOSH to determine the current level of 

customer satisfaction and identify 

changes that have occurred in the 

intervening years. The purpose of this 

survey is to evaluate the effectiveness of 

NIOSH’s communication and 

dissemination program as a whole in 

serving the broad occupational safety 

and health professional community by 

addressing five questions: 

(1) To what extent are NIOSH 

communication products viewed as 

credible, useful sources of information 

on occupational safety and health 

issues? 

(2) To what extent has NIOSH been 

successful in distributing its 

communication products to its primary 

and traditional audience? 

(3) To what extent, and in what ways, 

have NIOSH communication products 

influenced workplace safety and health 

program policies and practices, or 

resolved other related issues? 

(4) What improvements could be 

made in the nature of NIOSH 

communication products and/or their 

manner of delivery that could enhance 

their use and benefits? 

(5) What is the reach and perceived 

importance of NIOSH outreach 

initiatives? 

The survey will be directed to the 

community of occupational safety and 

health professionals, as this audience 

represents the primary and traditional 

customer base for NIOSH information 

materials. For this purpose four major 

associations identified with 

occupational safety and health matters 

have indicated their willingness to 

partner with NIOSH on this follow-up 

survey, as they did on the baseline. 

These are the American Industrial 

Hygiene Association (AIHA), the 

American College of Occupational and 

Environmental Medicine (ACOEM), the 

American Association of Occupational 

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