35212 Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Notices 

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IWG–4 Meeting Date: Thursday, August 

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Federal Communications Commission. 

Troy Tanner, 

Deputy Chief, International Bureau. 

[FR Doc. 2022–12374 Filed 6–8–22; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL TRADE COMMISSION 

[File No. 211 0144] 

Buckeye/Magellan; Analysis of 

Agreement Containing Consent Orders 

To Aid Public Comment 

AGENCY: Federal Trade Commission. 

ACTION: Proposed consent agreement; 

request for comment. 

SUMMARY: The consent agreement in this 

matter settles alleged violations of 

federal law prohibiting unfair methods 

of competition. The attached Analysis of 

Proposed Consent Orders to Aid Public 

Comment describes both the allegations 

in the complaint and the terms of the 

consent orders—embodied in the 

consent agreement—that would settle 

these allegations. 

DATES: Comments must be received on 

or before July 11, 2022. 

ADDRESSES: Interested parties may file 

comments online or on paper, by 

following the instructions in the 

Request for Comment part of the 

SUPPLEMENTARY INFORMATION section 

below. Please write: ‘‘Buckeye/ 

Magellan; File No. 211 0144’’ on your 

comment and file your comment online 

at https://www.regulations.gov by 

following the instructions on the webbased form. If you prefer to file your 

comment on paper, please mail your 

comment to the following address: 

Federal Trade Commission, Office of the 

Secretary, 600 Pennsylvania Avenue 

NW, Suite CC–5610 (Annex D), 

Washington, DC 20580. 

FOR FURTHER INFORMATION CONTACT: 

Terry Thomas (202–326–3218), Bureau 

of Competition, Federal Trade 

Commission, 400 7th Street SW, 

Washington, DC 20024. 

SUPPLEMENTARY INFORMATION: Pursuant 

to Section 6(f) of the Federal Trade 

Commission Act, 15 U.S.C. 46(f), and 

FTC Rule 2.34, 16 CFR 2.34, 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 of Agreement Containing 

Consent Orders 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 

website at this web address: https://

www.ftc.gov/news-events/commissionactions. 

You can file a comment online or on 

paper. For the Commission to consider 

your comment, we must receive it on or 

before July 11, 2022. Write ‘‘Buckeye/ 

Magellan; File No. 211 0144’’ 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 https://

www.regulations.gov website. 

Due to protective actions in response 

to the COVID–19 pandemic and the 

agency’s heightened security screening, 

postal mail addressed to the 

Commission will be delayed. We 

strongly encourage you to submit your 

comments online through the https://

www.regulations.gov website. 

If you prefer to file your comment on 

paper, write ‘‘Buckeye/Magellan; File 

No. 211 0144’’ on your comment and on 

the envelope, and mail your comment to 

the following address: Federal Trade 

Commission, Office of the Secretary, 

600 Pennsylvania Avenue NW, Suite 

CC–5610 (Annex D), Washington, DC 

20580. 

Because your comment will be placed 

on the publicly accessible website at 

https://www.regulations.gov, you are 

solely responsible for making sure your 

comment does not include any sensitive 

or confidential information. In 

particular, your comment should not 

include 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 your 

comment does not include 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 competitively sensitive 


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Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Notices 35213 

information such as costs, sales 

statistics, inventories, formulas, 

patterns, devices, manufacturing 

processes, or customer names. 

Comments containing material for 

which confidential treatment is 

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 https://

www.regulations.gov—as legally 

required by FTC Rule 4.9(b)—we cannot 

redact or remove your comment from 

that 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. 

Visit the FTC website at https://

www.ftc.gov to read this document and 

the news release describing this matter. 

The FTC Act and other laws 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 it receives on or before 

July 11, 2022. For information on the 

Commission’s privacy policy, including 

routine uses permitted by the Privacy 

Act, see https://www.ftc.gov/siteinformation/privacy-policy. 

Analysis of Agreement Containing 

Consent Orders To Aid Public Comment 

I. Introduction 

The Federal Trade Commission 

(‘‘Commission’’) has accepted for public 

comment, subject to final approval, an 

Agreement Containing Consent Order 

(‘‘Consent Agreement’’) from IFM Global 

Infrastructure Fund, Buckeye Partners, 

L.P. (‘‘Buckeye’’) and Magellan 

Midstream Partners, L.P. (‘‘Magellan’’) 

(collectively, the ‘‘Respondents’’). The 

Consent Agreement is designed to 

remedy the anticompetitive effects that 

likely would result from Buckeye’s 

proposed acquisition from Magellan of 

26 light petroleum product (‘‘LPP’’) 

terminals, located primarily in the 

southeastern United States. 

The Commission’s Complaint alleges 

that the acquisition, if consummated, 

would violate Section 7 of the Clayton 

Act, as amended, 15 U.S.C. 18, and 

Section 5 of the Federal Trade 

Commission Act, as amended, 15 U.S.C. 

45, by substantially lessening 

competition for terminaling services for 

all LPPs, and terminaling services 

specifically for gasoline, in three 

relevant geographic markets: North 

Augusta, South Carolina; Spartanburg, 

South Carolina; and Montgomery, 

Alabama. 

Petroleum product terminals are 

critical to the efficient distribution of 

LPPs. Terminals generally consist of 

storage tanks that load fuel into tanker 

trucks for further delivery. Terminals 

receive their supply from pipelines or 

water vessels. Wholesale petroleum 

suppliers move LPPs from the terminals 

to retail locations and end-use 

customers. Terminaling services include 

the cluster of services related to the offloading, temporary storage, and 

dispensing of LPPs into trucks. 

Under the terms of the proposed 

Decision and Order (‘‘Order’’) included 

in the Consent Agreement, Buckeye 

must divest all of Magellan’s terminals 

located in North Augusta, South 

Carolina; Spartanburg, South Carolina; 

and Montgomery, Alabama, to U.S. 

Venture, Inc. (‘‘U.S. Venture’’), a 

financially sound buyer with a record of 

operating successful LPP terminals in 

other locations. The divestitures will 

effectively restore an independent 

terminal operator in each relevant 

geographic market and will thereby 

preserve competition in each relevant 

market. Further, the Commission has 

issued, and Respondents have agreed to 

comply with, an Order to Maintain 

Assets that requires Respondents to 

operate and maintain the divestiture 

assets in the normal course of business 

through the date U.S. Venture acquires 

the divested assets. 

The Commission has placed the 

Consent Agreement on the public record 

for 30 days to solicit comments from 

interested persons. Comments received 

during this period will become part of 

the public record. After 30 days, the 

Commission will review the comments 

received and decide whether it should 

withdraw, modify, or make the 

proposed Order final. 

II. The Respondents 

Buckeye provides midstream logistics 

solutions, primarily consisting of 

pipeline transportation, storage, and 

throughput of LPPs, which include 

gasoline and distillates. Buckeye is 

headquartered in Houston, Texas. 

Buckeye owns over 115 LLP terminals 

which are located primarily in the 

Northeast and Midwest. IFM Global 

Infrastructure Fund is the ultimate 

parent entity of Buckeye. 

Magellan is a publicly traded 

partnership that transports, stores, 

processes, and distributes LLPs and 

crude oil. Magellan operates a pipeline 

system and terminals in the central 

United States as well as terminals in the 

southeastern United States. Magellan is 

headquartered in Tulsa, Oklahoma. In 

2020, Magellan’s revenues from 

transportation and terminals were $1.8 

billion. 

III. The Proposed Acquisition 

Pursuant to an Equity Purchase 

Agreement dated June 9, 2021, Buckeye 

will acquire 26 LLP terminals from 

Magellan for approximately $435 

million (the ‘‘Acquisition’’). The 

terminals are located in Alabama, 

Georgia, Missouri, North Carolina, 

South Carolina, Tennessee, and 

Virginia. 

IV. The Relevant Markets 

The Commission’s Complaint alleges 

that the relevant service markets in 

which to analyze the Acquisition is 

terminaling services for LPPs and 

terminaling services for gasoline 

specifically. Refiners, independent 

traders, and fuel marketers require a 

means to receive and store bulk 

quantities of LLPs and to deliver these 

products into tanker trucks, whether for 

their own use or for their customers. No 

cost-effective alternatives to terminaling 

services serve these functions. To 

provide terminaling services for 

gasoline, terminals generally must have 

specialized equipment, including vapor 

recovery units, tanks with internal 

floating roofs, and the ability to blend 

gasoline with ethanol. While gasolinecapable storage tanks may also handle 

distillates, the reverse is generally not 

possible without added expense, due to 

the more stringent regulatory 

requirements for the storage and 

handling of gasoline. Because storing 

and handling gasoline requires different 

tanks and other infrastructure, a 

narrower terminaling market also exists 

for terminaling services specifically for 

gasoline. 

The Commission’s Complaint alleges 

three relevant geographic markets: 

North Augusta, South Carolina; 

Spartanburg, South Carolina; and 

Montgomery, Alabama. The area that a 

particular terminal can serve is limited 

by several factors, including the density 

of retail outlets served from the 

terminal, trucking costs relating to labor 

and fuel, driving times and distances, 

loading and waiting times at the 

terminal, and the relative price 

differences of LPPs offered at alternative 

terminals. 


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35214 Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Notices 

The Acquisition would likely 

substantially lessen competition in each 

local market. In North Augusta, Buckeye 

and Magellan are two of only three firms 

that offer terminaling services for LPPs 

and for gasoline. The markets are highly 

concentrated with the significant 

increase in concentration giving rise to 

a presumption of enhanced market 

power post-Acquisition. In Spartanburg, 

as measured by LPP capacity, Buckeye 

owns the largest terminal and Magellan 

owns the second largest. The 

Acquisition would result in highly 

concentrated markets for LPP and 

gasoline terminaling services with a 

change in concentration giving rise to a 

presumption of enhanced market power. 

In Montgomery, the Acquisition would 

reduce the number of terminal service 

operators from six to five, resulting in a 

moderately concentrated market postAcquisition, and would also reduce the 

number of gasoline terminal operators 

from five to four, resulting in a highly 

concentrated market post-Acquisition. 

Moreover, Buckeye and Magellan are 

two of few independent gasoline 

terminal operators in Montgomery, who 

have little or no refining or marketing 

activities that can be supported by their 

terminal operations. The Acquisition 

would leave as few as two independent 

gasoline terminal operators in 

Montgomery and limit options for third 

parties to access independent 

terminaling services providers in that 

market. 

Entry into each relevant market would 

not be timely, likely, or sufficient to 

deter or counteract the anticompetitive 

effects arising from the Acquisition. 

Barriers to entry are significant and 

include high sunk costs associated with 

the construction of a new terminal and 

the time required to design, build, and 

permit a new facility. 

V. The Proposed Order and the Order 

To Maintain Assets 

The proposed Order and the Order to 

Maintain Assets would remedy the 

Acquisition’s likely anticompetitive 

effects alleged in the Commission’s 

Complaint by requiring Buckeye to 

divest the Magellan terminals and all 

associated assets (the ‘‘Terminal 

Divestiture Assets’’) in North Augusta, 

Spartanburg, and Montgomery to U.S. 

Venture. The proposed Order ensures 

that U.S. Venture or any other acquirer 

can operate the terminals in a manner 

equivalent in all material respects to the 

manner in which Magellan operated 

those businesses prior to the 

Acquisition. 

U.S. Venture is a privately held 

company that was founded in 1951 and 

currently has a number of divisions, 

including U.S. Oil. U.S. Oil will be 

responsible for operating the divested 

terminals. U.S. Oil owns and operates 

26 terminals in Iowa, Michigan, Indiana, 

Wisconsin, and Texas serving retail 

customers at 11 locations. U.S. Oil does 

not have any refined products terminals 

in the southeastern United States. 

The proposed Order requires Buckeye 

to divest the Terminal Divestiture 

Assets no later than 10 days after 

Buckeye and Magellan consummate the 

Acquisition. 

The proposed Order and the Order to 

Maintain Assets contain additional 

provisions designed to ensure the 

effectiveness of the relief. Both the 

proposed Order and the Order to 

Maintain Assets require Respondents to 

maintain the Terminal Divestiture 

Assets’ full economic viability, 

marketability, and competitiveness until 

the divestitures are completed and to 

help facilitate the transfer of the 

Terminal Divestiture Assets to U.S. 

Venture. 

In addition to requiring divestiture of 

the Terminal Divestiture Assets, the 

proposed Order requires Buckeye to 

seek prior approval from the 

Commission before acquiring any LPP 

terminal (including the divested 

terminals) within a 60-mile radius of the 

Terminal Divestiture Assets because an 

acquisition in close proximity to 

divested assets likely would raise the 

same competitive concerns as the 

Acquisition and may fall below the 

Hart-Scott-Rodino Act premerger 

notification thresholds. The proposed 

Order further requires U.S. Venture to 

obtain prior approval from the 

Commission for a period of three years 

before transferring any of the divested 

assets to any buyer, and for a period of 

seven additional years to any buyer with 

an interest in any LLP terminal in any 

of the three relevant geographic markets. 

Finally, the proposed Order appoints 

The Claro Group as an independent 

third-party monitor to oversee the 

Respondents’ compliance with the 

requirements of the proposed Order. 

The Claro Group has previous 

experience serving as a monitor for the 

Commission in matters relating to 

natural gas pipelines and retail gasoline 

outlets. 

The purpose of this analysis is to 

facilitate public comment on the 

proposed Order, and the Commission 

does not intend this analysis to 

constitute an official interpretation of 

the proposed Order or to modify its 

terms in any way. 

By direction of the Commission. 

April J. Tabor, 

Secretary. 

[FR Doc. 2022–12430 Filed 6–8–22; 8:45 am] 

BILLING CODE 6750–01–P 

GOVERNMENT ACCOUNTABILITY 

OFFICE 

Request for Nominations for the 

Physician-Focused Payment Model 

Technical Advisory Committee 

AGENCY: U.S. Government 

Accountability Office (GAO). 

ACTION: Request for letters of 

nomination and resumes. 

SUMMARY: The Medicare Access and 

CHIP Reauthorization Act of 2015 

established the Physician-Focused 

Payment Model Technical Advisory 

Committee (PTAC) to provide comments 

and recommendations to the Secretary 

of Health and Human Services on 

physician payment models and gave the 

Comptroller General responsibility for 

appointing its members. GAO is now 

accepting nominations of individuals 

for this committee. 

DATES: Letters of nomination and 

resumes should be submitted no later 

than July 11, 2022, to ensure adequate 

opportunity for review and 

consideration of nominees prior to 

appointment. Appointments will be 

made in October 2022. 

ADDRESSES: Submit letters of 

nomination and resumes to 

PTACcommittee@gao.gov. 

FOR FURTHER INFORMATION CONTACT: Greg 

Giusto at (202) 512–8268 or giustog@

gao.gov if you do not receive an 

acknowledgement within a week of 

submission or you need additional 

information. For general information, 

contact GAO’s Office of Public Affairs at 

(202) 512–4800. 

Authority: Sec. 101(e), Public Law 

114–10, 129 Stat. 87, 115 (2015). 

Gene L. Dodaro, 

Comptroller General of the United States. 

[FR Doc. 2022–12447 Filed 6–8–22; 8:45 am] 

BILLING CODE 1610–02–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Agency for Healthcare Research and 

Quality 

Notice of Meeting 

AGENCY: Agency for Healthcare Research 

and Quality (AHRQ), HHS. 

ACTION: Notice. 


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