Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Notices 51151 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8965–6; Docket ID No. EPA–HQ–ORD– 

2007–0517] 

Extension of Public Comment Period: 

Second External Review Draft 

Integrated Science Assessment for 

Particulate Matter 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice; correction. 

SUMMARY: The EPA published a notice 

in the Federal Register of Monday, 

August 31, 2009 (74 FR, 44842–44843), 

announcing the extension of the public 

comment period for the ‘‘Integrated 

Science Assessment for Particulate 

Matter—Second External Review Draft’’ 

(EPA/600/R–08/139B and EPA/600/R– 

08/139BA). The closing date of the 

extended comment period is a Federal 

holiday, October 12, 2009. Thus, the 

comment period is being extended to 

October 13, 2009. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Lindsay Wichers Stanek, NCEA; 

telephone: 919–541–7792; fax: 919– 

541–2985; or e-mail: 

stanek.lindsay@epa.gov. 

Correction 

In the Federal Register of August 31, 

2009, in FR Doc. FRL–8951–4, on page 

44842, in the second column, correct 

the DATES caption to read: 

DATES: The public comment period 

started on July 31, 2009 (74 FR 38185). 

This notice announces the extension of 

the deadline for public comment from 

October 12, 2009, to October 13, 2009. 

Comments must be received on or 

before October 13, 2009. 

Dated: September 23, 2009. 

Rebecca Clark, 

Acting Director, National Center for 

Environmental Assessment. 

[FR Doc. E9–23943 Filed 10–2–09; 8:45 am] 

BILLING CODE 6560–50–P 

EXPORT-IMPORT BANK OF THE U.S. 

[Public Notice 123] 

Agency Information Collection 

Activities: Final Collection; Comment 

Request 

AGENCY: Export-Import Bank of the U.S. 

ACTION: Submission for OMB Review 

and Comments Request. 

Form Title: Application for MediumTerm Insurance or Guarantee (EIB 03– 

02). 

SUMMARY: The Export-Import Bank of 

the United States (Ex-Im Bank), as a part 

of its continuing effort to reduce 

paperwork and respondent burden, 

invites the general public and other 

Federal Agencies to comment on the 

proposed information collection, as 

required by the Paperwork Reduction 

Act of 1995. 

Our customers will be able to submit 

this form on paper or electronically. The 

information collected will be used to 

make a determination of eligibility 

under the Export Import Bank’s 

medium-term insurance and guarantee 

programs. 

DATES: Comments should be received on 

or before November 4, 2009 to be 

assured of consideration. 

ADDRESSES: Direct all comments to: 

Office of Management and Budget, 

Office of Information and Regulatory 

Affairs, 725 17th Street, NW., 

Washington, DC 20038 OMB Number 

3048–0014. 

SUPPLEMENTARY INFORMATION: 

Titles and Form Number: EIB 03–02. 

Medium Term Insurance or Guarantee 

Application. 

OMB Number: 3048–0014. 

Type of Review: Regular. 

Need and Use: The information 

collected will be used to make a 

determination of eligibility under the 

Export Import Bank’s medium-term 

insurance and guarantee program. 

Affected Public: This form affects 

entities involved in the export of U.S. 

goods and services. 

Annual Number of Respondents: 400. 

Estimated Time per Respondent: 1.5 

hours. 

Government Annual Burden Hours: 

300. 

Frequency of Reporting or Use: As 

needed to request support for a 

medium-term export sale. 

Sharon A. Whitt, 

Agency Clearance Officer. 

[FR Doc. E9–23880 Filed 10–2–09; 8:45 am] 

BILLING CODE 6690–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Petition for Reconsideration of Action 

in Rulemaking Proceeding 

September 11, 2009. 

A Petition for Reconsideration has 

been filed in the Commission’s 

Rulemaking proceeding listed in this 

Public Notice and published pursuant to 

47 CFR 1.429(e). The full text of this 

document is available for viewing and 

copying in Room CY–B402, 445 12th 

Street, SW., Washington, DC or may be 

purchased from the Commission’s copy 

contractor, Best Copy and Printing, Inc. 

(BCPI) (1–800–378–3160). Oppositions 

to this petition must be filed by October 

20, 2009. See Section 1.4(b)(1) of the 

Commission’s rules (47 CFR 1.4(b)(1)). 

Replies to an opposition must be filed 

within 10 days after the time for filing 

oppositions have expired. 

Subject: In the Matter of Amendment 

of Section 73.622(b), Final DTV Table of 

Allotments, Television Broadcast 

Stations (Fond du Lac, Wisconsin) (MB 

Docket No. 09–115). 

Number of Petitions Filed: 1. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E9–23927 Filed 10–2–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL TRADE COMMISSION 

[File No. 901 0086] 

K+S Aktiengesellschaft; Analysis of 

Agreement Containing Consent Order 

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 October 26, 2009. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to‘‘K+S 

International Salt, File No. 901 0086’’ 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 


cprice-sewell on DSK2BSOYB1PROD with NOTICES
51152 Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Notices 

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). 

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/ 

mortonsalt) and following the 

instructions on the web-based form. To 

ensure that the Commission considers 

an electronic comment, you must file it 

on the web-based form at the weblink: 

(https://public.commentworks.com/ftc/ 

mortonsalt). 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 ‘‘K+S International 

Salt, File No. 901 0086’’ 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). 

FOR FURTHER INFORMATION CONTACT: Jill 

Frumin, Bureau of Competition, 600 

Pennsylvania Avenue, NW, Washington, 

D.C. 20580, (202) 326-2458. 

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 September 25, 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’’) has accepted, subject to 

final approval, an Agreement 

Containing Consent Order (‘‘Consent 

Agreement’’) from K+S 

Aktiengesellschaft (‘‘K+S’’), and its 

subsidiary, International Salt Company 

LLC (‘‘ISCO’’), that is designed to 

remedy the anticompetitive effects that 

would otherwise result from K+S’s 

proposed acquisition of Morton 

International, Inc. (‘‘Morton’’), from The 

Dow Chemical Company (‘‘Dow’’). 

Under the terms of the proposed 

Consent Agreement, K+S is required to 

divest assets related to its bulk de-icing 

salt business in Maine to an up-front 

buyer, Eastern Salt Company, Inc. 

(‘‘Eastern Salt’’ or ‘‘Maine Purchaser’’), 

and to divest assets related to its bulk 

de-icing salt business in Connecticut to 

an up-front buyer, Granite State 

Minerals, Inc. (‘‘Granite State’’ or 

‘‘Connecticut Purchaser’’). 

The proposed Consent Agreement has 

been placed on the public record for 

thirty (30) days to solicit comments 

from 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 final the 

Decision and Order (‘‘Order’’). 

Pursuant to a Stock Purchase 

Agreement dated April 1, 2009 (the 

‘‘Agreement’’), K+S proposes to acquire 

Morton from Dow for approximately 

$1.675 billion (the ‘‘Acquisition’’). 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 lessening competition in Maine 

and Connecticut for the sale and 

delivery of bulk de-icing road salt. 

II. The Parties 

K+S is currently one of the world’s 

leading suppliers of salt products. K+S 

sells salt into the United States through 

its U.S. subsidiary, ISCO. Morton, 

headquartered in Chicago, Illinois, and 

a wholly-owned subsidiary of Dow, is a 

leading salt vendor in North America. 

Morton produces consumer salt, 

industrial salt, and de-icing salt. The 

acquisition of Morton will make K+S 

the largest producer and distributor of 

de-icing road salt for customers in 

Maine and Connecticut. 

III. The Proposed Complaint 

According to the Commission’s 

proposed Complaint, the relevant 

product market in which to assess the 

competitive effects of the proposed 

Acquisition is the sale and delivery of 

bulk de-icing salt. The evidence 

indicates that there are no practical 


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Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Notices 51153 

substitutes for bulk de-icing salt to melt 

snow and ice. The relevant geographic 

markets in which to assess the impact 

of the proposed Acquisition are the 

states of Maine and Connecticut. 

The relevant markets are highly 

concentrated. ISCO and Morton are the 

two principal bidders in the states of 

Maine and Connecticut for the sale and 

delivery of bulk de-icing salt. Post 

acquisition, the combined entity will 

have a market share exceeding 70 

percent in both Maine and Connecticut. 

Post-merger HHIs for Maine and 

Connecticut are 5,142 and 5,834, and 

the acquisition will increase HHI levels 

by 1,914 and 2,642, respectively. These 

market concentration levels far exceed 

the thresholds set forth in the 

Horizontal Merger Guidelines and thus 

create a presumption that the proposed 

merger will create or enhance market 

power. 

Entry into the relevant markets is 

difficult because, among other things, 

there is a lack of acceptable stockpile 

space along the coasts of Maine and 

Connecticut. As a result, new entry 

sufficient to achieve a significant market 

impact within two years is unlikely. 

Finally, the Complaint alleges that the 

proposed Acquisition will reduce 

competition in the relevant markets by 

eliminating direct and substantial 

competition between ISCO and Morton, 

and by increasing the likelihood that 

ISCO would increase prices either 

unilaterally or through coordinated 

interaction with the few remaining firms 

in the relevant markets. 

IV. The Consent Agreement 

To preserve the competition that 

otherwise would be eliminated by the 

Acquisition, the proposed Consent 

Agreement requires ISCO to divest to 

Commission-approved buyers, Eastern 

Salt and Granite State, assets sufficient 

to enable these buyers to become viable 

competitors for the de-icing salt 

business in the relevant markets 

beginning with the 2010-2011 bidding 

cycle. ISCO will divest to Eastern Salt 

the Maine Divestiture Assets, including: 

1) stockpile space in the state, 2) all 

associated handling and trucking 

contracts, and 3) a book of de-icing salt 

business for the 2009-2010 winter 

season. ISCO will divest to Granite State 

the Connecticut Divestiture Assets, 

including: 1) stockpile space in the 

state, 2) all associated handling and 

trucking contracts, 3) a book of de-icing 

salt business for the 2009-2010 winter 

season, and 4) a three-year supply of deicing salt at a price that is no more than 

ISCO’s costs. 

The Commission has preliminarily 

determined that Eastern Salt is a wellqualified buyer of the Maine Divestiture 

Assets and is well situated to replace 

the competition Morton provided in the 

state. Eastern Salt is a family-owned 

company that has been a de-icing salt 

supplier in other geographic markets 

along the East Coast for roughly 60 

years. Eastern Salt is a verticallyintegrated supplier with a dependable, 

high-quality supply of de-icing salt. 

With the divested assets, Eastern Salt 

will be well positioned to compete for 

future business in Maine and to deliver 

salt to customers in a timely manner. 

The Commission has preliminarily 

determined that Granite State is a wellqualified buyer of the Connecticut 

Divestiture Assets and is well situated 

to replace the competition Morton 

provided in the state. Granite State has 

experience supplying de-icing salt to 

customers in a number of states along 

the East Coast. The Consent Agreement 

requires ISCO to provide Granite State 

with a three-year supply of bulk deicing salt at no more than ISCO’s costs. 

The supply requirement will ensure that 

Granite State has a supply of salt in 

Connecticut during the 2010-2011 and 

2011-2012 bid cycles while Granite 

State develops the necessary supply 

arrangements to serve Connecticut 

customers in subsequent years. With the 

divested assets, Granite State will be 

well positioned to compete for future 

business in Connecticut and to deliver 

salt to customers in a timely manner. 

The proposed Consent Agreement 

requires that the divestitures occur no 

later than twenty (20) days after the 

Acquisition is consummated. However, 

if ISCO divests the assets to Eastern Salt 

or Granite State during the public 

comment period, and if, at the time the 

Commission decides to make the Order 

final, the Commission notifies K+S or 

ISCO that either purchaser is not an 

acceptable acquirer or that the asset 

purchase agreement with the Maine 

Purchaser or Connecticut Purchaser is 

not an acceptable manner of divestiture, 

then ISCO must immediately rescind 

the transaction in question and divest 

those assets to another buyer within six 

(6) months of the date the Order 

becomes final. At that time, 

Respondents must divest those assets 

only to an acquirer and in a manner that 

receives the prior approval of the 

Commission. The proposed Consent 

Agreement also enables the Commission 

to appoint a trustee to divest any assets 

identified in the Order that K+S or ISCO 

has not divested to satisfy the 

requirements of the Order. 

The proposed Consent Agreement 

further requires K+S and ISCO to 

maintain the viability and marketability 

of the Maine Divestiture Assets and the 

Connecticut Divestiture Assets and to 

prevent the destruction, removal, 

wasting, deterioration, or impairment of 

those assets prior to divestiture. 

In order to ensure that the 

Commission remains informed about 

the status of the divestitures, the 

proposed Consent Agreement requires 

K+S and ISCO to file reports with the 

Commission periodically until the 

divestitures are completed. Written 

reports describing how K+S and ISCO 

are complying with the Order must be 

filed one year after the Order becomes 

final and annually for the next three (3) 

years. 

The purpose of this analysis is to 

facilitate public comment on the 

proposed Consent Agreement, and it is 

not intended to constitute an official 

interpretation of the proposed Consent 

Agreement or to modify its terms in any 

way. 

By direction of the Commission. 

Donald S. Clark 

Secretary. 

[FR Doc. E9–23826 Filed 10–2–09: 6:40 am] 

BILLING CODE: 6750–01–S 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the Secretary 

Pandemic Influenza Vaccines— 

Amendment 

Authority: 42 U.S.C. 247d–6d. 

ACTION: Notice of first amendment to the 

June 15, 2009 Republished Declaration 

under the Public Readiness and 

Emergency Preparedness Act. 

SUMMARY: Amendment to declaration 

issued on June 15, 2009 (74 FR 30294) 

pursuant to section 319F–3 of the Public 

Health Service Act (42 U.S.C. 247d–6d) 

to provide targeted liability protections 

for pandemic countermeasures to add 

provisions consistent with other 

declarations issued under this authority 

that may facilitate vaccination 

campaigns, and republication of the 

declaration to reflect the declaration in 

its entirety, as amended. 

DATES: The first amendment of the 

republished declaration issued on June 

15, 2009 is effective as of September 28, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Lurie, MD, MSPH, Assistant 

Secretary for Preparedness and 

Response, Office of the Secretary, 

Department of Health and Human 

Services, 200 Independence Avenue, 

SW., Washington, DC 20201, Telephone 


cprice-sewell on DSK2BSOYB1PROD with NOTICES