20434 Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices 

Judgment may be the same person or 

entity appointed as a Divestiture Trustee 

pursuant to Section 0 of this Final 

Judgment. 

X. Affidavits and Records 

A. Within twenty calendar days of the 

filing of the Complaint in this matter, 

and every thirty calendar days thereafter 

until the divestitures have been 

completed under Section 0 or V, 

Defendants must deliver to the United 

States and any Monitoring Trustee an 

affidavit as to the fact and manner of its 

compliance with Section IV or V of this 

Final Judgment. Each such affidavit 

must include the name, address, and 

telephone number of each person who, 

during the preceding thirty calendar 

days, made an offer to acquire, 

expressed an interest in acquiring, 

entered into negotiations to acquire, or 

was contacted or made an inquiry about 

acquiring, any interest in the Divestiture 

Assets, and must describe in detail each 

contact with any such person during 

that period. Each such affidavit must 

also include a description of the efforts 

Defendants have taken to solicit buyers 

for the Divestiture Assets, and to 

provide required information to 

prospective Acquirers, including the 

limitations, if any, on such information. 

Provided that the information set forth 

in the affidavit is true and complete, any 

objection by the United States to 

information provided by Defendants, 

including limitation on information, 

must be made within fourteen calendar 

days of receipt of such affidavit. 

B. Within twenty calendar days of the 

filing of the Complaint in this matter, 

Defendants must deliver to the United 

States and any Monitoring Trustee an 

affidavit that describes in reasonable 

detail all actions that Defendants have 

taken and all steps that Defendants have 

implemented on an ongoing basis to 

comply with Section 0 of this Final 

Judgment. Defendants must deliver to 

the United States and any Monitoring 

Trustee an affidavit describing any 

changes to the efforts and actions 

outlined in Defendants’ earlier affidavits 

filed pursuant to this section within 

fifteen calendar days after the change is 

implemented. 

C. Defendants must keep all records of 

all efforts made to preserve and divest 

the Divestiture Assets until one year 

after such divestitures have been 

completed. 

XI. Compliance Inspection 

A. For the purposes of determining or 

securing compliance with this Final 

Judgment, or of determining whether 

the Final Judgment should be modified 

or vacated, and subject to any legally 

recognized privilege, from time to time 

authorized representatives of the United 

States Department of Justice, including 

persons retained by the United States, 

shall, upon written request of an 

authorized representative of the 

Assistant Attorney General in charge of 

the Antitrust Division, and on 

reasonable notice to Defendants, be 

permitted: 

(1) Access during Defendants’ office 

hours to inspect and copy, or at the 

option of the United States, to require 

that Defendants provide hard copy and 

electronic copies of, all books, ledgers, 

accounts, records, data, and documents 

in the possession, custody, or control of 

Defendants, relating to any matters 

contained in this Final Judgment; and 

(2) To interview, either informally or 

on the record, Defendants’ officers, 

employees, or agents, who may have 

their individual counsel present, 

regarding these matters. The interviews 

shall be subject to the reasonable 

convenience of the interviewee and 

without restraint or interference by 

Defendants. 

B. Upon the written request of an 

authorized representative of the 

Assistant Attorney General in charge of 

the Antitrust Division, Defendants must 

submit written reports, or responses to 

written interrogatories, under oath if 

requested, relating to any of the matters 

contained in this Final Judgment. 

C. The United States shall not divulge 

any information or documents obtained 

by the means provided in this section to 

any person other than an authorized 

representative of the executive branch of 

the United States, which includes CMS, 

except in the course of legal proceedings 

to which the United States is a party 

(including grand jury proceedings), or 

for the purpose of securing compliance 

with this Final Judgment, or as 

otherwise required by law. 

D. If at the time information or 

documents are furnished by Defendants 

to the United States, Defendants 

represent and identify in writing the 

material in any such information or 

documents to which a claim of 

protection may be asserted under Rule 

26(c)(1)(G) of the Federal Rules of Civil 

Procedure, and Defendants mark each 

pertinent page of such material, 

‘‘Subject to claim of protection under 

Rule 26(c)(1)(G) of the Federal Rules of 

Civil Procedure,’’ then the United States 

must give Defendants ten calendar days 

notice prior to divulging such material 

in any legal proceeding (other than 

grand jury proceedings). 

XII. No Reacquisition 

Defendants may not reacquire any 

part of the Divestiture Assets during the 

term of this Final Judgment provided, 

however, that this Final Judgment does 

not prohibit Defendants from offering 

Medicare Advantage Plans in the 

ordinary course of business otherwise in 

conformity with this Final Judgment. 

XIII. Retention of Jurisdiction 

This Court retains jurisdiction to 

enable any party to this Final Judgment 

to apply to this Court at any time for 

further orders and directions as may be 

necessary or appropriate to carry out or 

construe this Final Judgment, to modify 

any of its provisions, to enforce 

compliance, and to punish violations of 

its provisions. 

XIV. Expiration of Final Judgment 

Unless this Court grants an extension, 

this Final Judgment shall expire ten 

years from the date of its entry. 

XV. Public Interest Determination 

The parties have complied with the 

requirements of the Antitrust 

Procedures and Penalties Act, 15 U.S.C. 

16, including making copies available to 

the public of this Final Judgment, the 

Competitive Impact Statement, and any 

comments thereon and the United 

States’ responses to comments. Based 

upon the record before the Court, which 

includes the Competitive Impact 

Statement and any comments and 

response to comments filed with the 

Court, entry of this Final Judgment is in 

the public interest. 

Court approval subject to procedures 

of Antitrust Procedures and Penalties 

Act, 15 U.S.C. § 16. 

lllllllllllllllllll

Date 

United States District Judge 

[FR Doc. 2012–8070 Filed 4–3–12; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; Standard 

on Asbestos in Construction 

ACTION: Notice. 

SUMMARY: On March 30, 2012, the 

Department of Labor (DOL) will submit 

the Occupational Safety and Health 

Administration (OSHA) sponsored 

information collection request (ICR) 

titled, ‘‘Standard on Asbestos in 

Construction’’ to the Office of 

Management and Budget (OMB) for 

review and approval for continued use, 

in accordance with the Paperwork 


emcdonald on DSK29S0YB1PROD with NOTICES
Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices 20435 

Reduction Act (PRA) of 1995 (44 U.S.C. 

3501 et seq.). 

DATES: Submit comments on or before 

May 1, 2012. 

ADDRESSES: A copy of this ICR with 

applicable supporting documentation; 

including a description of the likely 

respondents, proposed frequency of 

response, and estimated total burden 

may be obtained from the RegInfo.gov 

Web site, http://www.reginfo.gov/ 

public/do/PRAMain, on March 31, 2012 

or by contacting Michel Smyth by 

telephone at 202–693–4129 (this is not 

a toll-free number) or sending an email 

to DOL_PRA_PUBLIC@dol.gov. 

Submit comments about this request 

to the Office of Information and 

Regulatory Affairs, Attn: OMB Desk 

Officer for DOL–OSHA, Office of 

Management and Budget, Room 10235, 

Washington, DC 20503, Telephone: 

202–395–6929/Fax: 202–395–6881 

(these are not toll-free numbers), email: 

OIRA_submission@omb.eop.gov. 

FOR FURTHER INFORMATION CONTACT: 

Michel Smyth by telephone at 202–693– 

4129 (this is not a toll-free number) or 

by email at DOL_PRA_PUBLIC@dol.gov. 

SUPPLEMENTARY INFORMATION: The 

information collection requirements of 

the Standard on Asbestos in 

Construction require employers to train 

workers about hazards to asbestos, to 

monitor worker exposure, to provide 

medical surveillance, and maintain 

accurate records of worker exposure to 

asbestos. These records will be used by 

employers, workers and the Government 

to ensure that workers are not harmed 

by exposure to asbestos in the 

workplace. Years of exposure to 

asbestos can cause numerous disabling 

or fatal diseases, including asbestosis, a 

disease in which lung scarring (fibrosis) 

impairs breathing and causes death from 

respiratory or heart failure; lung cancer; 

mesothelioma, a cancerous tumor that 

spreads rapidly in the cells of 

membranes covering the lungs and body 

organs; and gastrointestinal cancer. The 

standard protects workers from adverse 

health effects from occupational 

exposure to asbestos. 

This information collection is subject 

to the PRA. A Federal agency generally 

cannot conduct or sponsor a collection 

of information, and the public is 

generally not required to respond to an 

information collection, unless it is 

approved by the OMB under the PRA 

and displays a currently valid OMB 

Control Number. In addition, 

notwithstanding any other provisions of 

law, no person shall generally be subject 

to penalty for failing to comply with a 

collection of information if the 

collection of information does not 

display a valid OMB Control Number. 

See 5 CFR 1320.5(a) and 1320.6. The 

DOL obtains OMB approval for this 

information collection under OMB 

Control Number 1218–0134. The current 

OMB approval is scheduled to expire on 

March 31, 2012; however, it should be 

noted that existing information 

collection requirements submitted to the 

OMB receive a month-to-month 

extension while they undergo review. 

For additional information, see the 

related notice published in the Federal 

Register on January 25, 2012 (77 FR 

3798). 

Interested parties are encouraged to 

send comments to the OMB, Office of 

Information and Regulatory Affairs at 

the address shown in the ADDRESSES

section within 30 days of publication of 

this notice in the Federal Register. In 

order to help ensure appropriate 

consideration, comments should 

reference OMB Control Number 1218– 

0134. The OMB is particularly 

interested in comments that: 

• Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

• Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

• Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

• Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

Agency: DOL–OSHA. 

Title of Collection: Asbestos in 

Construction Standard. 

OMB Control Number: 1218–0134. 

Affected Public: Private Sector— 

Business or Other For-Profits; Federal 

Government; State, Local, or Tribal 

Government. 

Total Estimated Number of 

Respondents: 249,534. 

Total Estimated Number of 

Responses: 48,469,358. 

Total Estimated Annual Burden 

Hours: 4,929,794. 

Total Estimated Annual Other Costs 

Burden: $28,816,390. 

Dated: March 23, 2012. 

Michel Smyth, 

Departmental Clearance Officer. 

[FR Doc. 2012–8083 Filed 4–3–12; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; 

Occupational Safety and Health State 

Plans 

ACTION: Notice. 

SUMMARY: The Department of Labor 

(DOL) is submitting the Occupational 

Safety and Health Administration 

(OSHA) sponsored information 

collection request (ICR) titled, 

‘‘Occupational Safety and Health State 

Plans,’’ to the Office of Management and 

Budget (OMB) for review and approval 

for continued use in accordance with 

the Paperwork Reduction Act (PRA) of 

1995 (44 U.S.C. 3501 et seq.). 

DATES: Submit comments on or before 

May 4, 2012. 

ADDRESSES: A copy of this ICR with 

applicable supporting documentation; 

including a description of the likely 

respondents, proposed frequency of 

response, and estimated total burden 

may be obtained from the RegInfo.gov 

Web site, http://www.reginfo.gov/ 

public/do/PRAMain, on the day 

following publication of this notice or 

by contacting Michel Smyth by 

telephone at 202–693–4129 (this is not 

a toll-free number) or sending an email 

to DOL_PRA_PUBLIC@dol.gov. 

Submit comments about this request 

to the Office of Information and 

Regulatory Affairs, Attn: OMB Desk 

Officer for DOL–OSHA, Office of 

Management and Budget, Room 10235, 

Washington, DC 20503, Telephone: 

202–395–6929/Fax: 202–395–6881 

(these are not toll-free numbers), email: 

OIRA_submission@omb.eop.gov. 

FOR FURTHER INFORMATION CONTACT: 

Contact Michel Smyth by telephone at 

202–693–4129 (this is not a toll-free 

number) or by email at 

DOL_PRA_PUBLIC@dol.gov. 

SUPPLEMENTARY INFORMATION: 

Occupational Safety and Health Act of 

1970 (the Act) section 18 encourages 

States to assume responsibility for the 

development and enforcement of State 

occupational safety and health 

standards through the mechanism of an 

approved State plan. Absent a plan 

approved by the OSHA, States are 


emcdonald on DSK29S0YB1PROD with NOTICES