34252 Federal Register / Vol. 72, No. 119 / Thursday, June 21, 2007 / Notices 

(The Noerr doctrine ‘‘does not authorize 

anticompetitive action in advance of government’s 

adopting the industry’s anticompetitive proposal. 

The doctrine applies when such action is the 

consequence of legislation or other governmental 

action, not when it is the means for obtaining such 

action . . .’’) (emphasis in original). 

5 An analogous defense was considered and 

rejected by the Commission in Detroit Auto Dealers 

Ass’n, 110 F.T.C. 417 (1989), aff’d in part and rev’d 

in part, 955 F.2d 457 (6th Cir. 1992). DADA 

involved an agreement among competing 

automobile dealers to limit the hours of operation 

of their dealerships. Respondents argued, inter alia, 

that the agreement to limit showroom hours was 

justified because it reduced the likelihood that their 

employees would join unions. Unionization would 

potentially lead to higher wages, and hence higher 

prices for automobiles. The Commission could find 

‘‘no merit’’ in the proposed efficiency defense. 

‘‘Given the national policy favoring the association 

of employees to bargain in good faith with 

employers over wages, hours and working 

conditions, we do not believe that preventing 

unionization can be a legitimate justification for an 

otherwise unlawful restraint.’’ Id. at 498 n. 22. 

Just as collective bargaining is part of national 

labor policy, Law 278 represents the environmental 

policy of the Commonwealth of Puerto Rico. And 

just as escaping national labor policy is not a 

cognizable antitrust defense, altering Puerto Rico 

environmental legislation is not a cognizable 

antitrust defense. 

Claiborne Hardware defense is also 

inapplicable because the Puerto Rico 

conspiracy was an effort to escape 

regulation and advance the parochial 

economic interests of the importers. 

This was not a politically motivated 

boycott, as that term is used in the case 

law. 

The present case is similar to Sandy 

River Nursing Care v. Aetna Casualty, 

985 F.2d 1138. A group of insurance 

companies agreed to cease offering 

workers’ compensation policies in 

Maine in order to coerce the legislature 

into authorizing higher rates. The Court 

of Appeals concluded that this 

concerted refusal to sell insurance was 

a per se violation of the Sherman Act, 

and that the legislative agenda of the 

insurance companies afforded them no 

defense to liability. The opinion 

explains: ‘‘[P]rivate actors who conduct 

an economic boycott violate the 

Sherman Act and may be held 

responsible for direct marketplace 

injury caused by the boycott, even if the 

boycotters’ ultimate goal is to obtain 

favorable state action.’’ 985 F.2d at 

1142. 

It is not a legitimate antitrust defense 

to claim that Law 278 is inefficient, and 

that the repeal thereof would enhance 

consumer welfare. The legality of an 

otherwise anticompetitive restraint 

cannot turn on the wisdom or efficiency 

of the governmental policy that is 

targeted by the conspirators.5

III. The Proposed Consent Order 

American Petroleum has signed a 

consent agreement containing the 

proposed consent order. The proposed 

consent order enjoins American 

Petroleum from conspiring with 

competitors to restrict output. 

More specifically, American 

Petroleum would be enjoined from 

agreeing or attempting to agree with any 

other seller of lubricants: (i) to restrain, 

restrict, limit or reduce the import or 

sale of lubricants; or (ii) to deal with, 

refuse to deal with, threaten to refuse to 

deal with, boycott, or threaten to boycott 

any buyer or potential buyer of 

lubricants. 

The proposed order would not 

interfere with the company’s 

Constitutional right to engage in 

legitimate petitioning activity. The 

proposed order includes a safe harbor 

provision expressly permitting 

American Petroleum to exercise rights 

under the First Amendment to petition 

any government body concerning 

legislation, rules, or procedures. 

The proposed order will expire in 20 

years. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

FR Doc. E7–12033 Filed 6–20–07; 8:45 am] 

BILLING CODE 6750–01;P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

Proposed Information Collection 

Activity; Comment Request 

Proposed Projects 

Title: Provision of Services in 

Interstate Child Support Enforcement: 

Standard Forms. 

OMB No.: 0970–0085. 

Description: Public Law 104–193, the 

Personal Responsibility and Work 

Opportunity Reconciliation Act of 1996, 

amended 42 U.S.C. 666 to require State 

and Territory Child Support 

Enforcement (CSE) IV–D agencies to 

enact the Uniform Interstate Family 

Support Act (UIFSA) into State and 

Territory law by January 1, 1998. 

Section 311(b) of UIFSA requires States 

and Territories to use standard interstate 

forms. 45 CFR 303.7 also requires CSE 

IV–D agencies to transmit child support 

case information on standard interstate 

forms when referring cases to other 

States and Territories for processing. 

These forms are expiring in January 

2008 and the Administration for 

Children and Families is taking this 

opportunity to make some revisions as 

requested by States and Territories 

during the 60-day comment period. 

Respondents: State and Territory 

agencies administering the Child 

Support Enforcement program under 

title IV–D of the Social Security Act. 

ANNUAL BURDEN ESTIMATES

Instrument Number of 

respondents 

Number of 

responses per 

respondent 

Average burden hours per 

response 

Total burden 

hours 

Transmittal 1 .................................................................................................... 54 19,278 .25 260,253 

Transmittal 2 .................................................................................................... 54 14,458 .08 62,459 

Transmittal 3 .................................................................................................... 54 964 .08 4,164 

Uniform Petition ............................................................................................... 54 9,639 .08 41,640 

General Testimony .......................................................................................... 54 11,567 .33 206,124 

Affidavit—Paternity .......................................................................................... 54 4,819 .17 44,238 

Locate Data Sheet ........................................................................................... 54 375 .08 1,620 

Notice of Controlling Order .............................................................................. 54 964 .08 4,164 

Registration Statement .................................................................................... 54 8,675 .08 37,476 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 72, No. 119 / Thursday, June 21, 2007 / Notices 34253 

Estimated Total Annual Burden 

Hours: 662,138. 

In compliance with the requirements 

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

Paperwork Reduction Act of 1995, the 

Administration for Children and 

Families is soliciting public comment 

on the specific aspects of the 

information collection described above. 

Copies of the proposed collection of 

information can be obtained and 

comments may be forwarded by writing 

to the Administration for Children and 

Families, Office of Administration, 

Office of Information Services, 370 

L’Enfant Promenade, SW., Washington, 

DC 20447, Attn: ACF Reports Clearance 

Officer. E-mail address: 

infocollection@acf.hhs.gov. All requests 

should be identified by the title of the 

information collection. 

The Department specifically requests 

comments 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 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information; (c) 

the quality, utility, and clarity 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 automated collection techniques or 

other forms of information technology. 

Consideration will be given to 

comments and suggestions submitted 

within 60 days of this publication. 

Dated: June 14, 2007. 

Robert Sargis, 

Reports Clearance Officer. 

[FR Doc. 07–3046 Filed 6–20–07; 8:45 am] 

BILLING CODE 4184–01–M 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

Proposed Information Collection 

Activity; Comment Request 

Proposed Projects 

Title: Financial Institution Data 

Match. 

OMB No.: 0970–0196. 

Description: Section 466(a)(17) of the 

Social Security Act (the Act) requires 

States to establish procedures under 

which the State Child Support 

Enforcement IV–D agencies shall enter 

into agreements with financial 

institutions doing business in States for 

the purpose of securing information 

leading to the enforcement of child 

support orders. Under 452(l) and 

466(a)(17)(A)(i) of the Act, the Secretary 

may aid State agencies conducting data 

matches with financial institutions 

doing business in multiple States by 

centrally matching through the Federal 

Parent Locator Service. 

Respondents: Financial institutions 

doing business in two or more States. 

ANNUAL BURDEN ESTIMATES

Instrument Number of 

respondents 

Number of 

responses per 

respondent 

Average 

burden hours 

per response 

Total 

burden hours 

Financial Data Match Tape ........................................................................... 4,465 4 .5 8,930 

Election Form ................................................................................................. 71 1 .5 35 .5 

Estimated Total Annual Burden 

Hours: 8,965.5. 

In compliance with the requirements 

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

Paperwork Reduction Act of 1995, the 

Administration for Children and 

Families is soliciting public comment 

on the specific aspects of the 

information collection described above. 

Copies of the proposed collection of 

information can be obtained and 

comments may be forwarded by writing 

to the Administration for Children and 

Families, Office of Administration, 

Office of Information Services, 370 

L’Enfant Promenade, SW., Washington, 

DC 20447, Attn: ACF Reports Clearance 

Officer. E-mail address: 

rsargis@acf.hhs.gov. All requests should 

be identified by the title of the 

information collection. 

The Department specifically requests 

comments 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 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information; (c) 

the quality, utility, and clarity 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 automated collection techniques or 

other forms of information technology. 

Consideration will be given to 

comments and suggestions submitted 

within 60 days of this publication. 

Dated: June 14, 2007. 

Robert Sargis, 

Reports Clearance Officer. 

[FR Doc. 07–3047 Filed 6–20–07; 8:45 am] 

BILLING CODE 4184–01–M 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

Submission for OMB Review; 

Comment Request 

Title: Mentoring Children of Prisoners 

Online Data Collection (OLDC). 

OMB No.: 0970–0266. 

Description: The Promoting Safe and 

Stable Families Amendments of 2001 

(Pub. L. 107–133) amended Title IV–B 

of the Social Security Act (42 U.S.C. 

629–629e) to provide funding for 

nonprofit agencies that recruit, screen, 

train, and support mentors for children 

with an incarcerated parent or parents. 

The Family and Youth Services Bureau 

(FYSB) within the Administration for 

Children and Families (ACF), United 

States Department of Health and Human 

Services, administers the Mentoring 

Children of Prisoners (MCP) program. 

The MCP program creates lasting, high 

quality, one-on-one relationships that 

provide young people with caring adult 


jlentini on PROD1PC65 with NOTICES