61302 Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices 

of the Transaction include ten local 

markets within the following cities: 

Aitkin, Hibbing, Minnetonka, Mora, 

Saint Paul, and Saint Peter in 

Minnesota, and Hayward, Siren, and 

Spooner in Wisconsin. 

The geographic markets for retail 

gasoline and retail diesel are highly 

localized, ranging up to a few miles, 

depending on local circumstances. Each 

relevant market is distinct and factdependent, reflecting the commuting 

patterns, traffic flows, and outlet 

characteristics unique to each market. 

Consumers typically choose between 

nearby retail fuel outlets with similar 

characteristics along their planned 

routes. The geographic markets for the 

retail sale of diesel may be similar to the 

corresponding geographic markets for 

retail gasoline as many diesel 

consumers exhibit the same preferences 

and behaviors as gasoline consumers. 

The Transaction would substantially 

increase the market concentration in 

each of the ten local markets, resulting 

in highly concentrated markets. In five 

local markets, the Transaction would 

reduce the number of competitively 

constraining independent market 

participants from three to two. In the 

remaining five local markets, the 

Transaction would reduce the number 

of competitively constraining 

independent market participants from 

four to three. 

The Transaction would substantially 

lessen competition for the retail sale of 

gasoline and the retail sale of diesel in 

these local markets. Retail fuel outlets 

compete on price, store format, product 

offerings, and location, and pay close 

attention to competitors in close 

proximity, on similar traffic flows, and 

with similar store characteristics. The 

combined entity would be able to raise 

prices unilaterally in markets where 

ACT and Holiday are close competitors. 

Absent the Transaction, ACT and 

Holiday would continue to compete 

head to head in these local markets. 

Moreover, the Transaction would 

increase the likelihood of coordination 

in local markets where only two or three 

competitively constraining independent 

market participants would remain. Two 

aspects of the retail fuel industry make 

it vulnerable to coordination. First, 

retail fuel outlets post their fuel prices 

on price signs that are visible from the 

street, allowing competitors to observe 

each other’s fuel prices without 

difficulty. Second, retail fuel outlets 

regularly track their competitors’ fuel 

prices and change their own prices in 

response. These repeated interactions 

give retail fuel outlets familiarity with 

how their competitors price and how 

their competitors respond to their own 

prices. 

Entry into each relevant market would 

not be timely, likely, or sufficient to 

deter or counteract the anticompetitive 

effects arising from the Acquisition. 

Significant entry barriers include the 

availability of attractive real estate, the 

time and cost associated with 

constructing a new retail fuel outlet, and 

the time associated with obtaining 

necessary permits and approvals. 

V. The Proposed Consent Agreement 

The proposed Consent Agreement 

would remedy the Acquisition’s likely 

anticompetitive effects by requiring 

ACT and CAPL to divest certain CAPL 

and Holiday retail fuel outlets and 

related assets in ten local markets. 

The proposed Consent Agreement 

requires that the divestiture occur no 

later than 120 days after ACT 

consummates the Acquisition. This 

Agreement protects the Commission’s 

ability to obtain complete and effective 

relief given the small number of outlets 

to be divested. Further, based on 

Commission staff’s investigation, the 

Commission believes that ACT can 

identify an acceptable buyer (or buyers) 

within 120 days. 

The proposed Consent Agreement 

further requires ACT and CAPL to 

maintain the economic viability, 

marketability, and competitiveness of 

each divestiture asset until the 

Commission approves a buyer (or 

buyers) and the divestiture is complete. 

For up to twelve months following the 

divestiture, ACT and CAPL must make 

available transitional services, as 

needed, to assist the buyer of each 

divestiture asset. 

In addition to requiring outlet 

divestitures, the proposed Consent 

Agreement also requires ACT and CAPL 

to provide the Commission notice before 

acquiring designated outlets in the ten 

local areas for ten years. The prior 

notice provision is necessary because 

acquisitions of the designated outlets 

likely raise competitive concerns and 

may fall below the HSR Act premerger 

notification thresholds. 

The proposed Consent Agreement 

contains additional provisions designed 

to ensure the effectiveness of the 

proposed relief. For example, 

Respondents have agreed to an Order to 

Maintain Assets that will issue at the 

time the proposed Consent Agreement is 

accepted for public comment. The Order 

to Maintain Assets requires 

Respondents to operate and maintain 

each divestiture outlet in the normal 

course of business, through the date the 

Respondents’ complete divestiture of 

the outlet. During this period, and until 

such time as the buyer (or buyers) no 

longer requires transitional assistance, 

the Order to Maintain Assets authorizes 

the Commission to appoint an 

independent third party as a Monitor to 

oversee the Respondents’ compliance 

with the requirements of the proposed 

Consent Agreement. 

The purpose of this analysis is to 

facilitate public comment on the 

proposed Consent agreement, and the 

Commission does not intend this 

analysis to constitute an official 

interpretation of the proposed Consent 

Agreement or to modify its terms in any 

way. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2017–27924 Filed 12–26–17; 8:45 am] 

BILLING CODE 6750–01–P 

FEDERAL TRADE COMMISSION 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request 

AGENCY: Federal Trade Commission 

(‘‘FTC’’). 

ACTION: Notice and request for comment. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (PRA) of 

1995, the FTC is seeking public 

comments on its request to OMB for a 

three-year extension of the current PRA 

clearance for information collection 

requirements contained in its Trade 

Regulation Rule entitled Labeling and 

Advertising of Home Insulation (R-value 

Rule or Rule). That clearance expires on 

January 31, 2018. 

DATES: Comments must be received by 

January 26, 2018. 

ADDRESSES: Interested parties may file a 

comment online or on paper by 

following the instructions in the 

Request for Comments part of the 

SUPPLEMENTARY INFORMATION section 

below. Write ‘‘R-value Rule: FTC File 

No. R811001’’ on your comment, and 

file your comment online at https://

ftcpublic.commentworks.com/ftc/ 

rvaluerulepra2 by following the 

instructions on the web-based form. If 

you prefer to file your comment on 

paper, mail your comment to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

600 Pennsylvania Avenue NW, Suite 

CC–5610 (Annex J), Washington, DC 

20580, or deliver your comment to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

Constitution Center, 400 7th Street SW, 

5th Floor, Suite 5610 (Annex J), 

Washington, DC 20024. 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices 61303 

1See, ‘‘FTC Proposes Updates to R-Value Rule for 

Home Insulation Products,’’ Dec. 4, 2017, https://

www.ftc.gov/news-events/press-releases/2017/12/ 

ftc-proposes-updates-r-value-rule-home-insulationproducts. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the proposed information 

requirements should be addressed to 

Hampton Newsome, Attorney, Division 

of Enforcement, Bureau of Consumer 

Protection, Federal Trade Commission, 

Mail Code CC–9528, 600 Pennsylvania 

Ave. NW, Washington, DC 20580, (202) 

326–2889. 

SUPPLEMENTARY INFORMATION: 

Title: R-value Rule, 16 CFR part 460. 

OMB Control Number: 3084–0109. 

Type of Review: Extension of a 

currently approved collection. 

Abstract: The R-value Rule establishes 

uniform standards for the substantiation 

and disclosure of accurate, material 

product information about the thermal 

performance characteristics of home 

insulation products. The R-value of an 

insulation signifies the insulation’s 

degree of resistance to the flow of heat. 

This information tells consumers how 

well a product is likely to perform as an 

insulator and allows consumers to 

determine whether the cost of the 

insulation is justified. 

On October 11, 2017, the Commission 

sought comment on the information 

collection requirements in the R-value 

Rule. 82 FR 47207. No germane 

comments were received. As required 

by OMB regulations, 5 CFR part 1320, 

the FTC is providing this second 

opportunity for public comment. 

Comments should address only the 

information collection requirements of 

the current Rule. They should not 

address proposed Rule amendments 

recently announced by the Commission 

in a separate proceeding.1

Estimated Annual Hours Burden: 

131,740 hours. 

Likely Respondents and Estimated 

Burden: 

Installation manufacturers, installers, 

new home builders/sellers, dealers and 

retailers. 

(a) Installation manufacturers. 

• Testing by installation 

manufacturers ¥ 15 new products/year 

× 2 hours each = 30 hours; and 

• Disclosures by installation 

manufacturers ¥ [(144 manufacturers × 

20 hours) + (6 largest manufacturers × 

80 hours each] = 3,360 hours. 

• Recordkeeping by installation 

manufacturers ¥ 150 manufacturers × 1 

hour each = 150 hours. 

(b) Installers. 

• Disclosures by retrofit installers 

(manufacturer’s insulation fact sheet) ¥ 

2 million retrofit installations/year × 2 

minutes each = 66,667 hours. 

• Disclosures by installers 

(advertising) ¥ 1,615 installers × 1 hour 

each = 1,615 hours. 

• Recordkeeping by installers ¥ 

1,615 installers × 5 minutes each = 135 

hours. 

(c) New home builders/sellers, 

dealers. 

• Disclosures by new home sellers ¥ 

1,174,000 new home sales/year × 30 

seconds each = 9,783 hours. 

(d) Retailers. 

• Disclosures by retailers ¥ [25,000 

retailers × 1 hour each (fact sheets) + 

25,000 retailers × 1 hour each 

(advertising disclosure) = 50,000 hours. 

Frequency of Response: Periodic. 

Total Annual Labor Cost: $2,616,943 

per year (solely related to labor costs) 

[approximately $858 for testing, based 

on 30 hours for manufacturers (30 hours 

× $28.61 per hour for skilled technical 

personnel); $4,284 for manufacturers’ 

and installers’ compliance with the 

Rule’s recordkeeping requirements, 

based on 285 hours (285 hours × $15.03 

per hour for clerical personnel); $50,501 

for manufacturers’ compliance with 

third-party disclosure requirements, 

based on 3,360 hours (3,360 hours × 

$15.03 per hour for clerical personnel); 

and $2,561,300 for disclosure 

compliance by installers, new home 

sellers, and retailers (128,065 hours × 

$20 per hour for sales persons).] 

Request for Comment 

You can file a comment online or on 

paper. For the FTC to consider your 

comment, we must receive it on or 

before January 26, 2018. Write ‘‘R-value 

Rule: FTC File No. R811001’’ 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 

website, 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 

website. 

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, or to send them to the 

Commission by courier or overnight 

service. To make sure that the 

Commission considers your online 

comment, you must file it at https://

ftcpublic.commentworks.com/ftc/ 

rvaluerulepra2 by following the 

instructions on the web-based form. 

When this Notice appears at http://

www.regulations.gov, you also may file 

a comment through that website. 

If you file your comment on paper, 

write ‘‘R-value Rule: FTC File No. 

R811001’’ on your comment and on the 

envelope, and mail it to the following 

address: Federal Trade Commission, 

Office of the Secretary, 600 

Pennsylvania Avenue NW, Suite CC– 

5610 (Annex J), Washington, DC 20580, 

or deliver your comment to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

Constitution Center, 400 7th Street SW, 

5th Floor, Suite 5610, Washington, DC 

20024. If possible, submit your paper 

comment to the Commission by courier 

or overnight service. 

Comments on the information 

collection requirements subject to 

review under the PRA should 

additionally be submitted to OMB. If 

sent by U.S. mail, they should be 

addressed to Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, Attention: 

Desk Officer for the Federal Trade 

Commission, New Executive Office 

Building, Docket Library, Room 10102, 

725 17th Street NW, Washington, DC 

20503. Comments sent to OMB by U.S. 

postal mail are subject to delays due to 

heightened security precautions. Thus, 

comments can also be sent via email to 

wliberante@omb.eop.gov. 

Because your comment will be placed 

on the publicly accessible FTC website 

at https://www.ftc.gov, you are solely 

responsible for making sure that your 

comment does not include any sensitive 

or confidential information. In 

particular, your comment should not 

include any sensitive personal 

information, such as your or anyone 

else’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, such as medical 

records or other individually 

identifiable health information. In 

addition, your comment should not 

include any ‘‘trade secret or any 

commercial or financial information 

which . . . is privileged or 

confidential’’ —as provided by 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)— 

including in particular competitively 

sensitive information such as costs, 

sales statistics, inventories, formulas, 

patterns, devices, manufacturing 

processes, or customer names. 

Comments containing material for 

which confidential treatment is 


daltland on DSKBBV9HB2PROD with NOTICES
61304 Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices 

requested must be filed in paper form, 

must be clearly labeled ‘‘Confidential,’’ 

and must comply with FTC Rule 4.9(c). 

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). Your 

comment will be kept confidential only 

if the General Counsel grants your 

request in accordance with the law and 

the public interest. Once your comment 

has been posted on the public FTC 

website—as legally required by FTC 

Rule 4.9(b)—we cannot redact or 

remove your comment from the FTC 

website, unless you submit a 

confidentiality request that meets the 

requirements for such treatment under 

FTC Rule 4.9(c), and the General 

Counsel grants that request. 

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 January 26, 2018. For information 

on the Commission’s privacy policy, 

including routine uses permitted by the 

Privacy Act, see https://www.ftc.gov/ 

site-information/privacy-policy. 

David C. Shonka, 

Acting General Counsel. 

[FR Doc. 2017–27868 Filed 12–26–17; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Agency for Healthcare Research and 

Quality 

Patient Safety Organizations: 

Voluntary Relinquishment From the 

Regenstrief Center for Healthcare 

Engineering at Purdue University 

Patient Safety Organization (RCHE 

Purdue PSO) 

AGENCY: Agency for Healthcare Research 

and Quality (AHRQ), Department of 

Health and Human Services (HHS). 

ACTION: Notice of delisting. 

SUMMARY: The Patient Safety Rule 

authorizes AHRQ, on behalf of the 

Secretary of HHS, to list as a PSO an 

entity that attests that it meets the 

statutory and regulatory requirements 

for listing. A PSO can be ‘‘delisted’’ by 

the Secretary if it is found to no longer 

meet the requirements of the Patient 

Safety Act and Patient Safety Rule, 

when a PSO chooses to voluntarily 

relinquish its status as a PSO for any 

reason, or when a PSO’s listing expires. 

AHRQ has accepted a notification of 

voluntary relinquishment from the 

Regenstrief Center for Healthcare 

Engineering at Purdue University 

Patient Safety Organization (RCHE 

Purdue PSO) of its status as a PSO, and 

has delisted the PSO accordingly. 

DATES: The directories for both listed 

and delisted PSOs are ongoing and 

reviewed weekly by AHRQ. The 

delisting was effective at 12:00 Midnight 

ET (2400) on December 15, 2017. 

ADDRESSES: Both directories can be 

accessed electronically at the following 

HHS website: http://www.pso.ahrq.gov/ 

listed. 

FOR FURTHER INFORMATION CONTACT: 

Eileen Hogan, Center for Quality 

Improvement and Patient Safety, AHRQ, 

5600 Fishers Lane, Room 06N94B, 

Rockville, MD 20857; Telephone (toll 

free): (866) 403–3697; Telephone (local): 

(301) 427–1111; TTY (toll free): (866) 

438–7231; TTY (local): (301) 427–1130; 

Email: pso@ahrq.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Patient Safety and Quality 

Improvement Act of 2005, 42 U.S.C. 

299b–21 to b–26, (Patient Safety Act) 

and the related Patient Safety and 

Quality Improvement Final Rule, 42 

CFR part 3 (Patient Safety Rule), 

published in the Federal Register on 

November 21, 2008, 73 FR 70732– 

70814, establish a framework by which 

hospitals, doctors, and other health care 

providers may voluntarily report 

information to Patient Safety 

Organizations (PSOs), on a privileged 

and confidential basis, for the 

aggregation and analysis of patient 

safety events. 

The Patient Safety Act authorizes the 

listing of PSOs, which are entities or 

component organizations whose 

mission and primary activity are to 

conduct activities to improve patient 

safety and the quality of health care 

delivery. 

HHS issued the Patient Safety Rule to 

implement the Patient Safety Act. 

AHRQ administers the provisions of the 

Patient Safety Act and Patient Safety 

Rule relating to the listing and operation 

of PSOs. The Patient Safety Rule 

authorizes AHRQ to list as a PSO an 

entity that attests that it meets the 

statutory and regulatory requirements 

for listing. A PSO can be ‘‘delisted’’ if 

it is found to no longer meet the 

requirements of the Patient Safety Act 

and Patient Safety Rule, when a PSO 

chooses to voluntarily relinquish its 

status as a PSO for any reason, or when 

a PSO’s listing expires. Section 3.108(d) 

of the Patient Safety Rule requires 

AHRQ to provide public notice when it 

removes an organization from the list of 

federally approved PSOs. 

AHRQ has accepted a notification 

from RCHE Purdue PSO, a component 

entity of Purdue University, PSO 

number P0168, to voluntarily relinquish 

its status as a PSO. Accordingly, RCHE 

Purdue PSO was delisted effective at 

12:00 Midnight ET (2400) on December 

15, 2017. 

More information on PSOs can be 

obtained through AHRQ’s PSO website 

at http://www.pso.ahrq.gov. 

Sharon B. Arnold, 

Deputy Director. 

[FR Doc. 2017–27803 Filed 12–26–17; 8:45 am] 

BILLING CODE 4160–90–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

[Docket No. FDA–2017–D–6784] 

Implementation of Pathogen Reduction 

Technology in the Manufacture of 

Blood Components in Blood 

Establishments: Questions and 

Answers; Draft Guidance for Industry; 

Availability 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice of availability. 

SUMMARY: The Food and Drug 

Administration (FDA or Agency) is 

announcing the availability of a draft 

document entitled ‘‘Implementation of 

Pathogen Reduction Technology in the 

Manufacture of Blood Components in 

Blood Establishments: Questions and 

Answers; Draft Guidance for Industry.’’ 

The draft guidance document provides 

blood establishments that collect or 

process blood and blood components 

with recommendations for 

implementing pathogen reduction 

technology in the manufacture of 

pathogen-reduced blood components. 

The guidance also provides answers to 

frequently asked questions concerning 

the implementation of the INTERCEPT®

Blood System for Platelets and Plasma. 

The recommendations apply to licensed 

blood establishments that intend to 

manufacture pathogen-reduced blood 

components using an FDA approved 

pathogen reduction device. 

DATES: Submit either electronic or 

written comments on the draft guidance 

by March 27, 2018 to ensure that the 

Agency considers your comment on this 


daltland on DSKBBV9HB2PROD with NOTICES