33218 Federal Register / Vol. 77, No. 108 / Tuesday, June 5, 2012 / Notices 

1 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), 16 CFR 4.9(c). 

the assets or the ownership of, control 

of, or the power to vote shares of a 

savings association and nonbanking 

companies owned by the savings and 

loan 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 HOLA (12 U.S.C. 1467a(e)). 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 10(c)(4)(B) of the 

HOLA (12 U.S.C. 1467a(c)(4)(B)). Unless 

otherwise noted, nonbanking activities 

will be conducted throughout the 

United States. 

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 June 29, 2012. 

A. Federal Reserve Bank of 

Philadelphia (William Lang, Senior Vice 

President) 100 North 6th Street, 

Philadelphia, Pennsylvania 19105– 

1521: 

1. Northfield Bancorp, MHC, and 

Northfield Bancorp, both in Staten 

Island, New York; to acquire Flatbush 

Federal Bancorp, MHC, and Flatbush 

Federal Bancorp, Inc., and thereby 

acquire Flatbush Federal Savings and 

Loan Association, all in Brooklyn, New 

York. 

Board of Governors of the Federal Reserve 

System, May 31, 2012. 

Jennifer J. Johnson, 

Secretary of the Board. 

[FR Doc. 2012–13525 Filed 6–4–12; 8:45 am] 

BILLING CODE 6210–01–P 

FEDERAL TRADE COMMISSION 

[Docket No. 9350] 

Graco, Inc.; Analysis of Proposed 

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 

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 July 2, 2012. 

ADDRESSES: Interested parties may file a 

comment online or on paper, by 

following the instructions in the 

Request for Comment part of the 

SUPPLEMENTARY INFORMATION section 

below. Write ‘‘Graco, Dkt. No. 9350’’ on 

your comment, and file your comment 

online at https:// 

ftcpublic.commentworks.com/ftc/ 

gracoitwconsent, by following the 

instructions on the web-based form. If 

you prefer to file your comment on 

paper, mail or deliver your comment to 

the following address: Federal Trade 

Commission, Office of the Secretary, 

Room H–113 (Annex D), 600 

Pennsylvania Avenue NW., Washington, 

DC 20580. 

FOR FURTHER INFORMATION CONTACT: 

Peter Richman (202–326–2563), FTC, 

Bureau of Competition, 600 

Pennsylvania Avenue NW., Washington, 

DC 20580. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 6(f) of the Federal Trade 

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

46(f), and § 3.25(f) the Commission 

Rules of Practice, 16 CFR 3.25(f), 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 May 31, 2012), 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, DC 20580, 

either in person or by calling (202) 326– 

2222. 

You can file a comment online or on 

paper. For the Commission to consider 

your comment, we must receive it on or 

before July 2, 2012. Write ‘‘Graco, Dkt. 

No. 9350’’ 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 public 

Commission Web site, at http:// 

www.ftc.gov/os/publiccomments.shtm. 

As a matter of discretion, the 

Commission tries to remove individuals’ 

home contact information from 

comments before placing them on the 

Commission Web site. 

Because your comment will be made 

public, you are solely responsible for 

making sure that your comment does 

not include any sensitive personal 

information, like anyone’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 that your comment does 

not include any sensitive health 

information, like medical records or 

other individually identifiable health 

information. In addition, do 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 

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

In particular, do not include 

competitively sensitive information 

such as costs, sales statistics, 

inventories, formulas, patterns, devices, 

manufacturing processes, or customer 

names. 

If you want the Commission to give 

your comment confidential treatment, 

you must file it in paper form, with a 

request for confidential treatment, and 

you have to follow the procedure 

explained in FTC Rule 4.9(c), 16 CFR 

4.9(c).1 Your comment will be kept 

confidential only if the FTC General 

Counsel, in his or her sole discretion, 

grants your request in accordance with 

the law and the public interest. 

Postal mail addressed to the 

Commission is subject to delay due to 

heightened security screening. As a 

result, we encourage you to submit your 

comments online. To make sure that the 

Commission considers your online 

comment, you must file it at https:// 

ftcpublic.commentworks.com/ftc/ 

gracoitwconsent by following the 

instructions on the web-based form. If 

this Notice appears at http:// 

www.regulations.gov/#!home, you also 

may file a comment through that Web 

site. 

If you file your comment on paper, 

write ‘‘Graco, Dkt. No. 9350’’ on your 

comment and on the envelope, and mail 

or deliver it to the following address: 

Federal Trade Commission, Office of the 

Secretary, Room H–113 (Annex D), 600 

Pennsylvania Avenue NW., Washington, 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 108 / Tuesday, June 5, 2012 / Notices 33219 

2http://ftc.gov/os/adjpro/d9350/ 

111215gracoadmincmpt.pdf. 

3On March 13, 2012, the Secretary withdrew the 

Commission’s administrative challenge to Graco’s 

acquisition of ITW in order to consider Graco’s 

proposed settlement. Graco agreed to an Agreement 

Containing Consent Orders requiring it to hold 

separate all of the ITW liquid finishing businesses 

and to divest up to all of the hold-separate assets 

to a Commission-approved acquirer. On March 27, 

the Commission issued an Order to Hold Separate 

and Maintain Assets (‘‘Hold Separate’’) covering the 

ITW liquid finishing equipment businesses 

worldwide, allowing Graco to close on the 

Acquisition but to retain and integrate only the ITW 

powder finishing assets. The Commission deferred 

voting to accept the Consent Agreement to allow 

staff an opportunity to investigate whether a 

narrower divestiture package would fully remedy 

the competitive harm alleged in the Complaint. 

http://ftc.gov/opa/2012/03/graco.shtm. 

DC 20580. If possible, submit your 

paper comment to the Commission by 

courier or overnight service. 

Visit the Commission Web site at 

http://www.ftc.gov to read this Notice 

and the news release describing it. 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 July 2, 2012. You can find more 

information, including routine uses 

permitted by the Privacy Act, in the 

Commission’s privacy policy, at 

http://www.ftc.gov/ftc/privacy.htm. 

Analysis of Agreement Containing 

Consent Order To Aid Public Comment 

The Federal Trade Commission 

(‘‘Commission’’), subject to its final 

approval, has accepted for public 

comment an Agreement Containing 

Consent Orders, containing both a 

Proposed Decision and Order 

(‘‘Proposed Order’’) and an Order To 

Hold Separate and Maintain Assets, 

with Graco, Inc. (‘‘Graco’’), Illinois Tool 

Works Inc., and ITW Finishing LLC 

(‘‘ITW’’), collectively referred to as the 

Respondents, to resolve an 

Administrative Complaint issued by the 

Commission on December 15, 2011. The 

Complaint alleged that Graco’s proposed 

acquisition of ITW would substantially 

reduce competition in various markets 

for industrial liquid finishing 

equipment in North America. The 

proposed acquisition would harm 

industrial liquid finishing equipment 

customers by resulting in higher prices 

and less choice in the relevant markets. 

The Proposed Order requires Graco to 

divest all overlapping ITW businesses 

and to hold those assets separate 

pending that divestiture. The Proposed 

Order is for settlement purposes only 

and tailored to remedy the effects of 

Graco’s proposed acquisition of ITW. 

The Commission has placed the 

Proposed Order on the public record for 

thirty (30) days for receipt of comments 

by interested persons. Comments 

received during the comment period 

will become part of the public record. 

After thirty days, the Commission will 

review the Proposed Order and 

comments received and will decide 

whether it should withdraw from the 

Agreement or make final the Proposed 

Order. 

I. The Commission’s Complaint 

The Federal Trade Commission voted 

4–0 to issue an Administrative 

Complaint against Respondents on 

December 15, 2011.2 Graco is a 

Minnesota corporation with its 

principal place of business in 

Minneapolis, Minnesota. Illinois Tool 

Works Inc. is a Delaware corporation 

with its principal place of business in 

Glenview, Illinois. Illinois Tool Works 

Inc., at the time of the Commission’s 

Complaint, wholly owned ITW, a 

Delaware limited liability company with 

its principal place of business in 

Glenview, Illinois.3 Graco and ITW 

manufacture and sell industrial liquid 

finishing equipment throughout North 

America and the world. Industrial 

manufacturers use industrial liquid 

finishing equipment to apply paint and 

other coatings to all kinds of finished 

goods, including automobiles, office 

furniture, and home appliances. 

The Complaint alleged that Graco’s 

proposed acquisition of ITW would 

harm competition in five specific 

product markets: The manufacture and 

sale of (1) liquid finishing pumps for 

industrial uses; (2) liquid finishing 

spray guns, which apply paint and other 

liquid coatings to surfaces in industrial 

uses; (3) proportioners, which mix and 

blend paint with catalysts and other 

liquids before applying the coating in 

industrial uses; (4) circulation pumps 

for paint systems in automotive 

assembly plants; and (5) industrial 

liquid finishing equipment for resale. 

The Complaint charged that if the 

proposed acquisition were completed, 

the combined firm would control a 

dominant share of all North American 

sales of industrial liquid finishing 

equipment and create a monopoly for 

circulation pumps used in paint systems 

in the automobile industry. 

The Complaint also alleged that the 

proposed transaction would end the 

close competition between Graco and 

ITW, its largest competitor, reduce or 

eliminate the substantial one-time price 

breaks or other discounts both firms 

offer to distributors, and lessen Graco’s 

incentives to develop new products 

after the merger. The competition lost 

by the acquisition could not be easily 

replaced, as Exel North America, the 

firm in the market with a distant third 

place in sales, as well as other fringe 

firms, lack the brand acceptance and 

distribution to challenge a combined 

Graco/ITW. Significant hurdles and 

barriers would also deter new 

competitors from entering the markets. 

II. The Agreement Containing Consent 

Orders 

The purpose of the Proposed Order is 

to ensure the continuation of ITW’s 

liquid finishing business assets as an 

ongoing, viable business operating in 

the same relevant markets in which they 

were competing at the time Graco 

announced the proposed acquisition, 

and to remedy the lessening of 

competition resulting from the proposed 

acquisition as alleged in the 

Commission’s Complaint. In order to do 

that, the Proposed Order requires Graco 

to divest ITW’s liquid finishing business 

assets, including the Binks, DeVilbiss, 

Ransburg, and BGK brands, no later 

than 180 days after the date the 

Proposed Order becomes final, to a 

Commission-approved Acquirer. If 

Graco has not divested ITW’s liquid 

finishing business assets within 180 

days, the Commission may appoint a 

trustee to divest ITW’s liquid finishing 

business assets in a manner that satisfies 

the requirements of the Proposed Order. 

The divestiture maintains that status 

quo ante in the markets alleged in the 

Commission’s Complaint. The Proposed 

Order permits Graco to complete its 

acquisition of ITW, but requires it to 

hold the businesses containing ITW’s 

industrial liquid finishing equipment 

assets separate and to maintain them 

while it looks for a buyer for the assets 

to be divested. The Order to Hold 

Separate and Maintain Assets will 

protect the competitive status quo 

during this process. 

The Proposed Order requires Graco, 

or the divestiture trustee, if appointed, 

to file periodic reports detailing efforts 

to divest the assets and the status of that 

undertaking. Commission 

representatives may have reasonable 

access to Graco’s business records 

related to compliance with the Proposed 

Order. 

III. Opportunity for Public Comment 

By accepting the Proposed Order 

subject to final approval, the 

Commission anticipates that the 

competitive problems alleged in the 

Complaint will be resolved. The 

purpose of this analysis is to invite and 

facilitate public comment concerning 

the Proposed Order to aid the 


srobinson on DSK4SPTVN1PROD with NOTICES
33220 Federal Register / Vol. 77, No. 108 / Tuesday, June 5, 2012 / Notices 

Commission in its determination of 

whether it should make final the 

Proposed Order contained in the 

Agreement. This analysis is not 

intended to constitute an official 

interpretation of the Proposed Order, 

nor is it intended to modify the terms 

of the Proposed Order in any way. 

By direction of the Commission, 

Commisioner Ohlhausen not participating. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2012–13625 Filed 6–4–12; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

[Document Identifier OS–0990–New; 60-day 

Notice] 

Agency Information Collection 

Request. 60-Day Public Comment 

Request 

AGENCY: Office of the Secretary, HHS. 

In compliance with the requirement 

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

Paperwork Reduction Act of 1995, the 

Office of the Secretary (OS), Department 

of Health and Human Services, is 

publishing the following summary of a 

proposed information collection request 

for public comment. Interested persons 

are invited to send comments regarding 

this burden estimate or any other aspect 

of this collection of information, 

including any of the following subjects: 

(1) The necessity and utility of the 

proposed information collection for the 

proper performance of the agency’s 

functions; (2) the accuracy of the 

estimated burden; (3) ways to enhance 

the quality, utility, and clarity of the 

information to be collected; and (4) the 

use of automated collection techniques 

or other forms of information 

technology to minimize the information 

collection burden. 

To obtain copies of the supporting 

statement and any related forms for the 

proposed paperwork collections 

referenced above, email your request, 

including your address, phone number, 

OMB number, and OS document 

identifier, to 

Sherette.funncoleman@hhs.gov, or call 

the Reports Clearance Office on (202) 

690–6162. Written comments and 

recommendations for the proposed 

information collections must be directed 

to the OS Paperwork Clearance Officer 

at the above email address within 60 

days. 

Proposed Project: Children’s Health 

Insurance Program Reauthorization Act 

(CHIPRA) 10-State Evaluation, 

Telephone Interviews with State CHIP 

Program Administrators—OMB No. 

0990–NEW—Assistant Secretary for 

Planning and Evaluation. 

Abstract: The Office of the Assistant 

Secretary for Planning and Evaluation 

(ASPE) is requesting the Office of 

Management and Budget (OMB) 

approval on a new collection to 

interview Children’s Health Insurance 

Program (CHIP) administrators in all 50 

States and the District of Columbia. 

These roughly 1 hour interviews, 

conducted by phone, will focus on 

understanding changes in the CHIP 

program since 2006, the role the CHIP 

Reauthorization Act (CHIPRA) of 2009 

(Pub. L. 111–3) has played in 

influencing State CHIP programs, 

preparations for implementing the 

Patient Protection and Affordable Care 

Act of 2010 (Pub. L. 111–148), and State 

views on the future of CHIP. Going 

beyond facts and basic descriptive 

information, it will gather insights about 

the rationale behind State decisions and 

about issues requiring future attention. 

The information gathered will 

supplement two other data collection 

efforts which received clearance on 

December 12, 2011 (a survey of CHIP 

and Medicaid enrollees and disenrollees 

and case studies in 10 states, reference 

number 201110–0990–006, OMB control 

number 0990–0384). Data will only be 

collected once from the CHIP program 

administrators. We are seeking a 1 year 

approval period. 

ESTIMATED ANNUALIZED BURDEN TABLE

Forms Type of respondent Number of 

respondents 

Number of 

responses per 

respondent 

Average 

burden per 

response 

(in hours) 

Total burden 

hours 

Telephone Interview Discussion 

Guide.

State CHIP Program Administrators a ... 77 1 1 77 

Total ...................................... ................................................................ 77 1 1 77 

aThis includes one respondent per State in the 25 States with only a separate CHIP program or a Medicaid expansion CHIP program, and two 

respondents per State in the 26 States with combination programs. 

Keith A. Tucker, 

Office of the Secretary, Paperwork Reduction 

Act Clearance Officer. 

[FR Doc. 2012–13492 Filed 6–4–12; 8:45 am] 

BILLING CODE 4150–05–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Advisory Group on Prevention, Health 

Promotion, and Integrative and Public 

Health; Notice of Meeting 

AGENCY: Office of the Surgeon General 

of the United States Public Health 

Service, Office of the Assistant Secretary 

for Health, Office of the Secretary, 

Department of Health and Human 

Services. 

ACTION: Notice. 

SUMMARY: In accordance with Section 

10(a) of the Federal Advisory Committee 

Act, Public Law 92–463, as amended (5 

U.S.C. App.), notice is hereby given that 

a web meeting is scheduled to be held 

for the Advisory Group on Prevention, 

Health Promotion, and Integrative and 

Public Health (the ‘‘Advisory Group’’). 

The web meeting will be open to the 

public. The agenda will include the 

review and approval of the Second 

Report of the Advisory Group. 

Additional information about the 

Advisory Group and the agenda for this 

meeting can be obtained by accessing 

the following Web site: http:// 

www.healthcare.gov/prevention/ 

nphpphc/advisorygrp/index.html. 

DATES: The meeting will be held on June 

25, 2012 from 2:30 p.m. to 5:00 p.m. 

ADDRESSES: The meeting will be held 

online via WebEx software. Please note 

that webinar technology will be utilized 

that will allow you to call in to audio 

and simultaneously view the 

informational slides on your computer 

as they are presented. For detailed 

instructions about how to make sure 

that your windows computer and 

browser are set up for WebEx and to 

register for the meeting, please email the 

designated point of contact for the 


srobinson on DSK4SPTVN1PROD with NOTICES