18630 Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices

TIME AND DATE: 11:00 a.m., Monday,

April 21, 1997.

PLACE: Marriner S. Eccles Federal

Reserve Board Building, C Street

entrance between 20th and 21st Streets,

N.W., Washington, D.C. 20551.

STATUS: Closed.

MATTERS TO BE CONSIDERED:

1. Personnel actions (appointments,

promotions, assignments,

reassignments, and salary actions)

involving individual Federal Reserve

System employees.

2. Any items carried forward from a

previously announced meeting.

CONTACT PERSON FOR MORE INFORMATION:

Mr. Joseph R. Coyne, Assistant to the

Board; (202) 452–3204. You may call

(202) 452–3207, beginning at

approximately 5 p.m. two business days

before this meeting, for a recorded

announcement of bank and bank

holding company applications

scheduled for the meeting.

Dated: April 11, 1997.

Jennifer J. Johnson,

Deputy Secretary of the Board.

[FR Doc. 97–9889 Filed 4–11–97; 4:15 pm]

BILLING CODE 6210–01–P

FEDERAL TRADE COMMISSION

Notice of Policy of Disclosing

Investigations of Announced Mergers

AGENCY: Federal Trade Commission.

ACTION: Notice of revised policy.

SUMMARY: The Federal Trade

Commission is revising its policy

concerning disclosure of investigations.

The Commission’s policy is to conduct

its investigations on a nonpublic basis.

In the past, the Commission has

established some narrow exceptions to

that policy. The Commission is now

establishing an additional exception for

circumstances in which a party to a

merger or other transaction has publicly

disclosed the existence of a transaction

or proposed transaction in a press

release or in a public filing with a

government body. In those limited

circumstances, the Commission

authorizes public disclosure of whether

the agency is investigating the

transaction or proposal under Section 7

and 11 of the Clayton Act. Inquires

seeking disclosure under this authority

should be addressed to the

Commission’s Office of Public Affairs.

This change of policy will more

closely conform the Commission’s

practice in such matters with that of the

Antitrust Division of the Department of

Justice. The change of policy does not

alter the Commission’s confidentiality

policies or practices with respect to

documents and information submitted

to or developed by the agency in

connection with such investigations, or

with respect to information concerning

the course of such investigations. The

change of policy also does not affect the

Commission’s confidentiality policies or

practices regarding any other type of

investigations.

EFFECTIVE DATE: April 16, 1997.

FOR FURTHER INFORMATION CONTACT:

Victoria A. Streitfeld, Office of Public

Affairs, 202–326–2718, or Stephen

Calkins, General Counsel, 202–326–

2481.

SUPPLEMENTARY INFORMATION: The

Commission’s policy is to hold

confidential the existence and targets of

law enforcement investigations, until

either the Commission issues or

authorizes a complaint or the matter is

closed. See 42 FR 64135, Dec. 22, 1977.

The Commission believes generally that

public disclosure of pending

investigations and identification of

targets before the Commission has had

an opportunity to weight the evidence

may unjustifiably harm the companies

investigated and interfere with the

conduct and successful resolution of

such matters. The laws applicable to the

Commission do not, however, require

confidential treatment of the existence

of investigations, and the Commission’s

policy has long included narrow

exceptions for disclosure of

‘‘industrywide investigation’’ (where

particular targets are not identified), and

of particular investigations that involve

significant risk of economic harm or risk

of public health or safety.

The Commission is now establishing

a further exception, permitting

disclosure of whether the agency is

investigating a proposed or

consummated merger or other

transaction under Sections 7 and 11 of

the Clayton Act, 15 U.S.C. 18, 21, where

a party to the transaction has issued a

press release or made a public filing

with the governmental body that

discloses the existence of the

transaction. The Commission considers

the concerns underlying the general

policy of nondisclosure to have little

application in these instances.

Furthermore, while the Hart-ScottRodino (‘‘HSR’’) Act prohibits the

Commission from making public (except

in specified circumstances)

‘‘information or documentary material

filed with the . . . Commission

pursuant to’’ that Act, 15 U.S.C. 18a(h),

nothing in the HSR Act prevents the

Commission from publicly disclosing

information that has already been made

available to the public by a party, even

if that information is also included in an

HSR filing. Accordingly, where a party

has issued a press release or made a

public filing with a government body

that discloses the existence of a

transaction or proposed transaction, the

Commission authorizes public

disclosure of whether the agency is

investigating the matter. This approach

confirms closely with that of the

Antitrust Division of the Department of

Justice, with which the Commission

shares enforcement of the Clayton Act.

Regardless of whether a transaction or

proposed transaction is reported by the

media, however, the agency will

disclose an investigation under this

authority only after the Office of Public

Affairs (or another designated office) has

confirmed that a party has in fact

disclosed the existence of the

transaction or proposal in the manner

stated. Inquires seeking disclosure

under this authority should be

addressed to the Office of Public Affairs.

The Commission is not changing its

treatment of any other information

relating to mergers or similar

transactions. Thus, the authority granted

here to disclose the existence of certain

investigations does not include

authority to disclosure any details about

those investigations. In particular,

because the Commission considers the

HSR Act to restrict disclosure of

whether a party to proposed transaction

has filed a notification under that Act,

the agency will not, except as permitted

by that law, reveal whether a filing

under HSR has been made. The

Commission will continue to keep

confidential, as appropriate under its

existing laws and policies, documents

and information submitted pursuant to

the HSR Act to relating to an

investigation under that Act. The policy

revision also does not affect the

confidentiality treatment of other types

of investigation under the Commission’s

antitrust or consumer protection

authority.

By direction of the Commission.

Donald S. Clark,

Secretary.

Statement of Commissioner Mary L.

Azcuenaga; Concurring in Part and

Dissenting in Part on Decision To

Authorize Public Disclosure of Certain

Merger Investigations

The policy the Commission

announces today in most, perhaps all,

respects comports with common sense

and is long overdue. The policy enables

the Commission to confirm certain

otherwise nonpublic information after it

has been confirmed (reliably, as defined
Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices 18631

1 In 1977, the Commission reaffirmed its thencurrent policy of maintaining the confidentiality of

most nonpublic investigations. See FTC Policy

statement, 42 Fed. Reg. 64,135 (Dec. 22, 1977)

(‘‘1977 Policy Statement’’). This Policy Statement

sets forth exceptions for industrywide

investigations and investigations involving

‘‘significant risk of economic harm or risk to public

health or safety.’’ In addition, certain investigations

may become public by operation of law or the

Commission’s Rules, for example, on filing of a

petition to quash compulsory process, 16 C.F.R.

§ 4.9(b)(4), on filing of an application for clearance,

16 C.F.R. § 4.9(10(ii), or on publication in the

Federal Register of a notice of early termination

under the Clayton Act, 15 U.S.C. § 18a(b)(2).

2 Id. See also Exemption 7A to the mandatory

public disclosure requirements of the Freedom of

Information Act, 5 U.S.C. § 552(b)(7)(A); and

Exemption 7A to the open meeting requirements of

the Government in the Sunshine Act, 5 U.S.C.

§ 552b(c)(7)(A).

3See note 1.

in the policy) by third parties. The

policy also enables the commission to

confirm certain nonpublic information

that has not been confirmed by third

parties. Under the new policy, the

Commission will confirm the fact that it

is investigating a transaction after the

transaction itself has been made public

and regardless of whether the fact of the

investigation has been made public by

third parties.

The Commission long has followed a

policy of declining to confirm the

existence of its investigations until it

issues or authorizes filing of a

complaint, or until the matter is closed.1

This policy is based on the premise that

public disclosure of pending

investigations and identification of

targets can interfere with the conduct

and successful resolution of such

matters.2 The Commission concluded in

the 1977 Policy Statement that

‘‘disclosure of the identities of

businesses under investigation would

cause those businesses severe economic

injury even before the Commission

determines whether there is reason to

believe the law has been violated.’’

I have been informed that the

business community will have no

objection to having the Commission

confirm the fact that it is investigating

a transaction even if the parties have not

confirmed the fact of the investigation.

I do not know the basis for this

information. Assuming the information

is correct, I support the new policy in

its entity because the policy presumably

would not result in the harm the

Commission identified in 1977.3

Nevertheless, I would have preferred to

seek comment on this aspect of the new

policy before adopting it. Good reasons

support the Commission’s long standing

policy not to confirm or deny the

existence of a nonpublic investigation,

and the Commission has been able to

live with that policy for many years. It

seems appropriate and not unduly

burdensome for the Commission to seek

public comment on this aspect of the

proposal for thirty days before adopting

it. To the extent that the Commission

has chosen not to seek public comment,

I dissent.

[FR Doc. 97–9820 Filed 4–15–97; 8:45 am]

BILLING CODE 6750–01–M

GENERAL SERVICES

ADMINISTRATION

Federal Acquisition Policy Division,

FAR Secretariat; Cancellation of

Standard Forms

AGENCY: General Services

Administration.

ACTION: Notice.

SUMMARY: Since 48 CFR 52.215–41 and

42 give agencies more flexible

procedures in requesting exceptions for

submitting certified cost and pricing

data, the following Standard Forms are

canceled:

SF 1412, Request For Exemption From

Submission Of Certified Cost Or Pricing Data.

SF 1412A, Request For Exemption From

Submission Of Certified Cost Or Pricing

Data—Continuation.

DATES: Effective April 16, 1997.

FOR FURTHER INFORMATION CONTACT:

Ms. Barbara Williams, General Services

Administration, (202) 501–0581.

Dated: March 19, 1997.

Barbara M. Williams,

Deputy Standard and Optional Forms

Management Officer.

[FR Doc. 97–9754 Filed 4–15–97; 8:45 am]

BILLING CODE 6820–34–M

GENERAL SERVICES

ADMINISTRATION

Interagency Committee for Medical

Records (ICMR); Revision of SF 93,

Medical Record—Report of Medical

History

AGENCY: General Services

Administration.

ACTION: Notice.

SUMMARY: The General Services

Administration/ICMR is revising the SF

93, Medical Record—Report of Medical

History to update the information

collected on the patient. You can obtain

the updated form in three ways:

From the ‘‘U.S. Government Management

Policy CD–ROM’’;

On the internet. Address: http://

www.gsa.gov/forms, or;

Through the Federal Supply Service using

National Stock Number 7540–00–181–8368

(revision 6–96).

FOR FURTHER INFORMATION CONTACT:

Ms. Barbara Williams, General Services

Administration, (202) 501–0581.

DATES: Effective April 16, 1997.

Dated: March 20, 1997.

Barbara M. Williams,

Deputy Standard and Optional Forms

Management Officer.

[FR Doc. 97–9753 Filed 4–15–97; 8:45 am]

BILLING CODE 6820–34–M

GENERAL SERVICES

ADMINISTRATION

Real Estate Management; Cancellation

of a Standard Form

AGENCY: Public Building Service,

General Services Administration.

ACTION: Notice.

SUMMARY: This notice announces the

General Services Administration’s

intent to cancel the following Standard

form because of low user demand: SF

2B, U.S. Government Lease for Real

Property (Short Form).

This form was replaced with GSA

Form 3626, U.S. Government Lease for

Real Property (Short Form). You can get

copies of this form from the contact

person mentioned below or from the

following internet address: http://

www.gsa/gov/pbs/pe/standcla/

standcla.htm.

FOR FURTHER INFORMATION CONTACT:

Mr. Gary Roberts, Real Estate

Management Division, Office of

Property Acquisition and Realty

Services, (202) 501–0407.

DATES: Effective April 16, 1997.

Dated: March 7, 1997.

Theodore D. Freed,

Standard and Optional Forms Management

Officer.

[FR Doc. 97–9755 Filed 4–15–97; 8:45 am]

BILLING CODE 6820–34–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Office of the Secretary

Findings of Scientific Misconduct

AGENCY: Office of the Secretary, HHS.

ACTION: Notice.

SUMMARY: Notice is hereby given that

the Office of Research Integrity (ORI)

has made a final finding of scientific

misconduct in the following case:

Manoj Misra, Ph.D., Dartmouth

College: Based upon the Office of

Research Integrity’s (ORI) review of a

report forwarded to ORI by Dartmouth