Federal Register / Vol. 77, No. 48 / Monday, March 12, 2012 / Notices 14525 

2U.S. Dep’t of Justice & Fed. Trade Comm’n, 

Horizontal Merger Guidelines § 1 (2010), available 

at http://www.ftc.gov/os/2010/08/100819hmg.pdf. 

the assets to be divested, or that the 

manner of the divestiture is not 

acceptable, Western Digital must 

unwind the divestiture and divest the 

assets within 180 days of the date the 

Order becomes final to another 

Commission-approved acquirer. If 

Western Digital fails to divest the assets 

within the 180 days, the Commission 

may appoint a trustee to divest the 

relevant assets. 

The purpose of this analysis is to 

facilitate public comment on the 

Consent Agreement, and it is not 

intended to constitute an official 

interpretation of the Consent Agreement 

or to modify its terms in any way. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

Statement of the Federal Trade 

Commission Concerning Western 

Digital Corporation/Viviti Technologies 

Ltd. and Seagate Technology LLC/Hard 

Disk Drive Assets of Samsung 

Electronics Co. Ltd. 

After a thorough investigation the 

Federal Trade Commission has 

challenged Western Digital 

Corporation’s (‘‘Western Digital’’) 

proposed acquisition of Viviti 

Technologies Ltd., formerly known as 

Hitachi Global Storage Technologies 

(‘‘HGST’’). This challenge comes several 

months after the Federal Trade 

Commission closed its investigation of 

Seagate Technology LLC’s (‘‘Seagate’’) 

acquisition of Samsung Electronics Co. 

Ltd.’s hard disk drive assets 

(‘‘Samsung’’). The two proposed 

transactions were announced within 

weeks of each other, and both had 

potential implications for competition 

in the same product markets. 

Commission staff reviewed both matters 

at the same time in order to understand 

the effects on competition resulting 

from each transaction on its own, as 

well as the cumulative effect on the 

relevant markets if both transactions 

were allowed to be consummated. 

The evidence gathered in the 

Commission’s investigation revealed 

that the relevant product markets in 

which to assess the competitive impact 

of the proposed transactions are based 

on specific end-uses for hard disk drives 

(‘‘HDDs’’)—such as desktop, notebook, 

and enterprise—because product 

features, pricing, and competition differ 

by end-use applications. For many of 

these end-uses, we did not have reason 

to believe that the proposed transactions 

would result in effects that would have 

justified a challenge. In the 3.5 inch 

desktop HDD (‘‘desktop HDD’’) market, 

however, we had reason to believe the 

consummation of both of these 

acquisitions would result in likely 

anticompetitive effects. The 

Commission came to this conclusion 

based on the evidence from interviews 

with market participants, testimony of 

the parties’ executives, and documents 

produced by the parties and other 

industry participants. 

The Commission determined after its 

investigation that there were significant 

differences between the competitive 

implications of the two proposed 

mergers. Since in each case the 

acquiring firm was a strong competitor, 

attention turned to the characteristics of 

the two firms that were to be acquired 

in these proposed transactions—HGST 

and Samsung. Based on this analysis, it 

was clear that an independent HGST 

was much more likely to be an effective 

competitive constraint in the desktop 

HDD market than would an 

independent Samsung. 

In particular, HGST has been a strong, 

high quality and innovative competitor 

in the desktop HDD market. Moreover, 

HGST has been identified by a number 

of industry participants as a key driver 

of aggressive price competition in the 

desktop HDD market in 2010, and was 

well-positioned to grow its desktop 

HDD business in the near future. In 

contrast, Samsung had struggled to be 

competitive in the desktop HDD market. 

In a market for desktop HDDs 

containing only Western Digital, HGST, 

and the combined Seagate/Samsung 

entity, HGST would retain the ability 

and incentive to act as an effective 

constraint on desktop HDD pricing. By 

contrast, Samsung would be less likely 

to serve as a meaningful constraint on 

pricing in a desktop HDD market 

consisting of Western Digital/Hitachi, 

Seagate, and Samsung. Based on these 

considerations, the Commission made 

the decision to challenge the Western 

Digital/HGST transaction while clearing 

the Seagate/Samsung transaction, and to 

preserve the competitiveness of the 

desktop HDD market by requiring 

Western Digital to divest HGST’s 

desktop HDD assets to Toshiba 

Corporation under the terms of a 

proposed Consent Agreement. 

As we have explained in other cases, 

each merger that comes before the 

Commission is investigated and 

considered based on the particular facts 

presented. These investigations bear out 

the assertion in our Horizontal Merger 

Guidelines that our review of mergers 

‘‘is a fact-specific process through 

which the Agencies, guided by their 

extensive experience, apply a range of 

analytical tools to the reasonably 

available and reliable evidence to 

evaluate competitive concerns in a 

limited period of time.’’ 2

In addition to the scrutiny they have 

received from the Commission, many 

other antitrust enforcement agencies 

investigated these mergers. Commission 

staff cooperated with agencies in 

Australia, Canada, China, the European 

Union, Japan, Korea, Mexico, New 

Zealand, Singapore, and Turkey, and 

worked closely with the agencies’ 

investigative teams on the timing of 

review, substantive analyses, and 

potential remedies, during the pendency 

of these investigations. This close 

cooperation with foreign antitrust 

enforcers helped ensure an outcome that 

benefited consumers in the United 

States. 

[FR Doc. 2012–5851 Filed 3–9–12; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Statement of Organization, Functions, 

and Delegations of Authority 

Part C (Centers for Disease Control 

and Prevention) of the Statement of 

Organization, Functions, and 

Delegations of Authority of the 

Department of Health and Human 

Services (45 FR 67772–76, dated 

October 14, 1980, and corrected at 45 FR 

69296, October 20, 1980, as amended 

most recently at 77 FR 5804–5812, dated 

February 6, 2012) is amended to reflect 

the reorganization of the Office of the 

Chief Operating Officer, Office of the 

Director, Centers for Disease Control 

and Prevention. 

Section C–B, Organization and 

Functions, is hereby amended as 

follows: 

Delete in its entirety the functional 

statement for the Office of the Chief 

Operating Officer (CAJ), and insert the 

following: 

Office of the Chief Operating Officer 

(CAJ). (1) Provides mission and valuesbased leadership, direction, support and 

assistance to CDC’s programs and 

activities to enhance CDC’s strategic 

position in public health; ensure 

responsible stewardship; maintain core 

values; optimize operational 

effectiveness of business services; and 

institutionalize accountability for 

achieving management initiatives; (2) 

directs the conduct of operational 


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14526 Federal Register / Vol. 77, No. 48 / Monday, March 12, 2012 / Notices 

activities undertaken by Agency 

program support and management 

service staff, including, among others, 

facilities and real property planning and 

management; grants, procurement and 

materiel management; human resources 

management; information technology 

and systems planning and support; 

internal security and emergency 

preparedness; and management analysis 

and services; (3) manages the planning, 

evaluation, and implementation of 

continuous improvement and 

reengineering initiatives and adoption 

of innovations and technologies in these 

areas and ensures that they are 

undertaken in a comprehensive and 

integrated manner and with 

consideration of strategic implications 

for human capital planning; (4) 

maintains liaison with officials of DHHS 

responsible for the direction and 

conduct of DHHS program support and 

management services functions; (5) 

participates in the development of 

CDC’s goals and objectives; (6) provides 

assistance to DHHS officials and to 

CDC’s Centers/Institute/Offices (CI0s) to 

assure that the human resources of CDC 

are sufficient in numbers, training, and 

diversity to effectively conduct the 

public health mission of CDC; (7) 

provides direction for the Agency’s 

ethics program and activities associated 

with Departmental and Presidential 

management initiatives; (8) provides 

direction in establishing accountable 

measures for financial management of 

both budget estimating and execution 

processes agencywide; and (9) provides 

guidance and ensures compliance with 

the budget priorities established by the 

Office of the Director, CDC. 

Delete in their entirety the title and 

functional statement for the 

Administrative Services and Program 

Office (CAJ12). 

After the functional statement for the 

Office of the Director (CAJ1), Office of 

the Chief Operating Officer (CAJ), insert 

the following: 

Office of the Chief Financial Officer 

(CAJ1P). The Office of the Chief 

Financial Officer (OCFO), located 

within the Office of the Chief Operating 

Officer (OCOO), addresses agency-wide 

fiscal accountability and oversight. The 

OCFO supports CDC’s mission to ‘‘save 

money through prevention’’ by ensuring 

appropriate fiscal stewardship of the tax 

payer dollar while CDC accomplishes its 

activities in the areas of disease 

research, prevention, and early 

detection. Accordingly, the OCFO: (1) 

Manages the financial risk of the agency; 

(2) provides oversight of the agency’s 

financial activities and accounting 

practices; (3) performs reviews and 

training in high risk areas for both the 

agency and the Department where there 

appears to be fiscal vulnerabilities; (4) 

provides expertise in interpreting 

appropriations law issues and financial 

policy matters; (5) assists in the receipt, 

distribution and monitoring of agency 

issues submitted by the Office of the 

Inspector General Hotline; (6) advises 

and assists the CDC Director, the Chief 

Operating Officer, and other key agency 

officials (both in Program and Business 

Service Offices) on all fiscal aspects of 

the agency; and (7) provides support for 

public health by ensuring that 

appropriated funds provided to the 

agency are utilized, in compliance with 

Congressional mandate, for the sole 

purpose of preventing and controlling 

infectious diseases domestically and 

globally. 

Delete in its entirety the title for the 

Human Capital Management Office 

(CAJQ), and insert the title Human 

Capital and Resources Management 

Office (CAJQ). 

After the title and functional 

statements for the Human Capital and 

Resources Management Office (CAJQ), 

insert the following: 

Office of the Chief Information Officer 

(CAJR). The mission of the Office of the 

Chief Information Officer (OCIO) is to 

administer CDC’s information resources 

and information technology programs 

including collection, management, use, 

and disposition of data and information 

assets; development, acquisition, 

operation, maintenance, and retirement 

of information systems and information 

technologies; IT capital planning; 

enterprise architecture; information 

security; education, training, and 

workforce development in information 

and IT disciplines; development and 

oversight of information and IT policies, 

standards, and guidance; and 

administration of certain other general 

management functions and services for 

CDC. 

Office of the Director (CAJR1). (1) 

Provides leadership, direction, support 

and assistance to CDC’s programs and 

activities to enhance CDC’s strategic 

position in public health informatics; 

information technology, and other 

information areas to optimize 

operational effectiveness support of 

CDC’s mission and business services; (2) 

coordinates and oversees all CDC efforts 

in these areas; (3) serves as the 

accountable focus for CDC in these 

program areas and represents CDC with 

various external stakeholders, 

collaborators, service providers, 

oversight organizations, and others; (4) 

maintains liaison with officials of HHS 

responsible for the direction and 

conduct of such functions; and (5) 

directs the operations of offices within 

the OCIO to ensure effective and 

efficient service delivery and alignment 

with CDC strategic direction. 

Enterprise Information Technology 

Portfolio Office (CAJR12). (1) Leads, 

plans, and manages CDC’s information 

technology (IT) budget development and 

review processes; (2) plans and directs 

the Capital Planning Investment Control 

processes including investment 

selection, control and evaluation, 

business case analyses, lifecycle 

reviews, portfolio development, 

performance measures, and investment 

prioritization procedures; (3) develops 

and monitors earned value management 

analyses of project cost, schedule and 

deliverable commitments; (4) provides 

guidance to program and project 

managers on the use of the tools for 

preparing investment documentation 

that meet CDC, HHS, and OMB 

requirements; (5) develops CDC IT 

strategic and tactical plans; (6) leads 

development of the enterprise 

architecture and transition strategies; (7) 

collaborates with CDC staff to develop 

business process models for CDC public 

health functions; (8) develops and 

maintains a shared services catalog to 

promote reuse of existing resources; (9) 

supports CDC information resource 

governance structures including 

common processes, tools, techniques; 

(10) identifies needs and develops 

strategies and approaches to acquire and 

manage enterprise statistical software 

licenses; and (11) develops internal cost 

allocation methods and coordinates 

allocation of costs for annual license 

renewal payments. 

Freedom of Information Act Office 

(CAJR13). (1) Leads and administers the 

Freedom of Information Act (FOIA) 

program for CDC and ATSDR; (2) 

reviews, analyzes, redacts as necessary, 

and releases documents to the public 

under the provisions of the Act; (3) 

tracks and monitors FOIA requests and 

responses to ensure timely and 

appropriate responses; (4) provides 

guidance to employees, supervisors, 

management, OGC and high-level 

agency officials on various aspects of 

the Act; (5) interprets and applies legal 

and technical precedents, laws and 

regulations relating to FOIA issues; and 

(6) provides training to program staff 

and management concerning FOIA 

requirements and processing. 

CIMS Program Management Office 

(CAJR14). (1) Plans, develops, manages, 

and conducts oversight of CDC’s 

information services contracts; (2) 

coordinates and facilitates contracts use 

including requirements development, 

specifications, performance needs, 

quality assurance and service delivery, 

and contract administration; and (3) 


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Federal Register / Vol. 77, No. 48 / Monday, March 12, 2012 / Notices 14527 

provides guidance and assistance to 

programs on the various aspects of the 

contracts to meet their requirements. 

Remove all CAJD standard 

administrative codes for the Information 

Technology Services Office (CAJD), and 

replace with the following: 

Information Technology Services 

Office (CAJRB), Office of the Director 

(CAJRB1), Operations Branch (CARBB), 

Network Technology Branch (CAJRBC), 

Customer Services Branch (CAJRBD). 

Remove all CAJG standard 

administrative codes for the 

Management Analysis and Services 

Office (CAJG), and replace with the 

following: 

Management Analysis and Services 

Office (CAJRC), Office of the Director 

(CAJRC1), Management Assessment 

Branch (CAJRCB), Information Services 

Branch (CAJRCC), Business Process 

Analysis Branch (CAJRCD), Federal 

Advisory Committee Management 

Branch (CAJRCE), 

Remove the CAJN standard 

administrative code for the Management 

Information Systems Office (CAJN), and 

replace with Management Information 

Systems Office (CAJRD). 

After the functional statement for the 

Management Information Systems 

Office (CAJRD), insert the following: 

Office of the Chief Information 

Security Officer (CAJRE). The mission of 

the Office of the Chief Information 

Security Officer (OCISO) is to 

administer CDC’s information security 

program to protect CDC’s information, 

information systems, and information 

technology commensurate with the risk 

and magnitude of harm resulting from 

the unauthorized access, use, 

disclosure, disruption, modification, or 

destruction of information collected or 

maintained by or on behalf of the 

agency. 

Office of the Director (CAJRE1). (1) 

Manages and directs the activities and 

functions of the Office of the Chief 

Information Security Officer; (2) 

develops and maintains a CDC-wide 

information security program; (3) 

develops and maintains information 

security policies, procedures and 

control techniques to address the 

responsibilities assigned to the CDC 

under the Federal Information Security 

Management Act of 2002 (FISMA) and 

other governing statutes, regulations, 

and policies; (4) coordinates the 

professional development and operating 

procedures of CDC staff substantially 

involved in information security 

responsibilities; (5) assists CDC senior 

management concerning their FISMA 

responsibilities; and (6) ensures privacy 

management so personally identifiable 

information is appropriately collected, 

processed, stored and protected. 

Operations, Analysis and Response 

Branch (CAJREB). (1) Performs 

continuous monitoring functions 

including enterprise security log 

correlation, vulnerability and 

compliance scanning and risk 

assessments; (2) performs network 

monitoring, security event correlation, 

forensic investigations, data recovery 

and malware analysis; (3) develops and 

maintains the CDC Computer Security 

Incident Response Team; (4) performs 

cyber security incident reporting 

according to US–CERT reporting 

guidelines; (5) facilitates cyber security 

incident remediation; (6) coordinates 

with law enforcement agencies and 

participates in cyber security 

intelligence activities; (7) develops 

enterprise security architecture, firewall 

management, cyber security tool 

management and CDC information 

resource governance—security 

component; and (8) supports OCISO IT 

operations; and (9) performs security 

product research and development, 

evaluation and testing. 

Policy and Planning Branch 

(CAJREC). (1) Coordinates compliance 

and audit reviews; (2) develops cyber 

security policies and standards; (3) 

conducts system security tests and 

evaluations and identifies, assesses, 

prioritizes, and monitors the progress of 

corrective efforts for security 

weaknesses found in programs and 

systems; (4) maintains the Security 

Awareness Training program and 

coordinates significant security 

responsibilities and IT security training; 

(5) reviews and approves security and 

privacy related elements of OMB 

business cases; (6) conducts OCISO 

internal audit program and contract 

language reviews for information 

security and privacy act clearance 

decisions; (7) coordinates critical 

infrastructure protection continuity 

operations plans, data call management, 

E-Authentication and security 

requirements of CDC information 

system development; (8) conducts 

security reviews of non-standard 

software for use at CDC; and (9) 

coordinates FISMA security milestone 

oversight reporting and is the Office of 

Inspector General and Government 

Accounting Office Audit Liaison. 

Dated: March 5, 2012. 

Thomas R. Frieden, 

Director, Centers for Disease Control and 

Prevention. 

[FR Doc. 2012–5862 Filed 3–9–12; 8:45 am] 

BILLING CODE 4160–18–M 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

Proposed Information Collection 

Activity; Comment Request 

Proposed Projects 

Title: Performance Measures for 

Community-Centered Healthy Marriage, 

Pathways to Responsible Fatherhood 

and Community-Centered Responsible 

Fatherhood Ex-Prisoner Reentry grant 

programs. 

OMB No.: 0970–0365. 

Description: The Office of Family 

Assistance (OFA), Administration for 

Children and Families (ACF), U.S. 

Department of Health and Human 

Services (HHS), intends to request 

approval from the Office of Management 

and Budget (OMB) to renew OMB Form 

0970–0365 for the collection of 

performance measures from grantees for 

the Community-Centered Healthy 

Marriage, Pathways to Responsible 

Fatherhood and Community-Centered 

Responsible Fatherhood Ex-Prisoner 

Reentry discretionary grant programs. 

The performance measure data obtained 

from the grantees will be used by OFA 

to report on the overall performance of 

these grant programs. 

Data will be collected from all 61 

Community-Centered Healthy Marriage, 

53 Pathways to Responsible Fatherhood 

and 4 Community-Centered Responsible 

Fatherhood Ex-Prisoner Reentry 

grantees in the OFA programs. Grantees 

will report on program and participant 

outcomes in such areas as participants’ 

improvement in knowledge skills, 

attitudes, and behaviors related to 

healthy marriage and responsible 

fatherhood. Grantees will be asked to 

input data for selected outcomes for 

activities funded under the grants. 

Grantees will extract data from program 

records and will report the data twice 

yearly through an on-line data 

collection tool. Training and assistance 

will be provided to grantees to support 

this data collection process. 

Respondents: Office of Family 

Assistance Funded CommunityCentered Healthy Marriage, Pathways to 

Responsible Fatherhood and 

Community-Centered Responsible 

Fatherhood Ex-Prisoner Reentry 

Grantees. 


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