61130 Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices 

1The comment must be accompanied by an 

explicit request for confidential treatment, 

including the factual and legal basis for the request, 

and must identify the specific portions of the 

comment to be withheld from the public record. 

The request will be granted or denied by the 

Commission’s General Counsel, consistent with 

applicable law and the public interest. See 

Commission Rule 4.9(c), 16 CFR 4.9(c). 

America Corporation, Charlotte, North 

Carolina, is revised to read as follows: 

A. Federal Reserve Bank of 

Richmond (A. Linwood Gill, III, Vice 

President) 701 East Byrd Street, 

Richmond, Virginia 23261–4528: 

1. Bank of America Corporation, 

Charlotte, North Carolina, to acquire 100 

percent of the voting shares of Merrill 

Lynch Bank & Trust Co., FSB, New 

York, New York, and Merrill Lynch 

Bank USA, Salt Lake City, Utah, and 

thereby engage in operating a savings 

association and an industrial bank, 

pursuant to section 225.28(b)(4) of 

Regulation Y. 

In connection with the above 

application, Bank of America 

Corporation, Charlotte, North Carolina, 

has also applied to acquire up to 19.9 

percent of the voting shares of Merrill 

Lynch & Company, Inc., New York, New 

York, and thereby engage in operating a 

savings association and an industrial 

bank, pursuant to section 225.28(b)(4) of 

Regulation Y. 

Comments on this application must 

be received by October 31, 2008. 

Board of Governors of the Federal Reserve 

System, October 8, 2008. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. E8–24346 Filed 10–14–08; 8:45 am] 

BILLING CODE 6210–01–S 

FEDERAL RETIREMENT THRIFT 

INVESTMENT BOARD 

Sunshine Act; Notice of Meeting 

TIME AND DATE: 9 a.m. (Eastern Time), 

October 20, 2008. 

PLACE: 4th Floor Conference Room, 

1250 H Street, NW., Washington, DC 

20005. 

STATUS: Parts will be open to the public 

and parts closed to the public. 

MATTERS TO BE CONSIDERED: 

Parts Open to the Public 

1. Approval of the minutes of the 

September 15, 2008 Board member 

meeting. 

2. Thrift Savings Plan activity report 

by the Executive Director. 

a. Monthly Participant Activity 

Report. 

b. Legislative Report. 

3. Quarterly Reports. 

a. Investment Policy Review. 

b. Vendor Financial Reports. 

4. Mid-Year Financial Audit. 

Parts Closed to the Public 

5. Procurement. 

6. Confidential Financial Information. 

CONTACT PERSON FOR MORE INFORMATION: 

Thomas J. Trabucco, Director, Office 

of External Affairs, (202) 942–1640. 

Dated: October 9, 2008. 

Thomas K. Emswiler, 

Secretary, Federal Retirement Thrift 

Investment Board. 

[FR Doc. E8–24571 Filed 10–10–08; 4:15 pm] 

BILLING CODE 6760–01–P 

FEDERAL TRADE COMMISSION 

[File No. 071 0212] 

Hexion LLC and Huntsman 

Corporation; Analysis of Proposed 

Consent Order to Aid Public Comment 

AGENCY: Federal Trade Commission. 

ACTION: Proposed Consent Agreement. 

SUMMARY: The consent agreement in this 

matter settles alleged violations of 

federal law prohibiting unfair or 

deceptive acts or practices or unfair 

methods of competition. The attached 

Analysis to Aid Public Comment 

describes both the allegations in the 

draft complaint and the terms of the 

consent order—embodied in the consent 

agreement—that would settle these 

allegations. 

DATES: Comments must be received on 

or before October 31, 2008. 

ADDRESSES: Interested parties are 

invited to submit written comments. 

Comments should refer to ‘‘HuntsmanHexion, File No. 071 0212,’’ to facilitate 

the organization of comments. A 

comment filed in paper form should 

include this reference both in the text 

and on the envelope, and should be 

mailed or delivered to the following 

address: Federal Trade Commission, 

Office of the Secretary, Room 135-H, 

600 Pennsylvania Avenue, N.W., 

Washington, D.C. 20580. Comments 

containing confidential material must be 

filed in paper form, must be clearly 

labeled ‘‘Confidential,’’ and must 

comply with Commission Rule 4.9(c). 

16 CFR 4.9(c) (2005).1 The FTC is 

requesting that any comment filed in 

paper form be sent by courier or 

overnight service, if possible, because 

U.S. postal mail in the Washington area 

and at the Commission is subject to 

delay due to heightened security 

precautions. Comments that do not 

contain any nonpublic information may 

instead be filed in electronic form by 

following the instructions on the webbased form at (http:// 

secure.commentworks.com/ftcHuntsmanHexion). To ensure that the 

Commission considers an electronic 

comment, you must file it on that webbased form. 

The Federal Trade Commission Act 

(‘‘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 that it receives, 

whether filed in paper or electronic 

form. Comments received will be 

available to the public on the FTC 

website, to the extent practicable, at 

(http://www.ftc.gov/os/ 

publiccomments.shtm). As a matter of 

discretion, the Commission makes every 

effort to remove home contact 

information for individuals from the 

public comments it receives before 

placing those comments on the FTC 

website. More information, including 

routine uses permitted by the Privacy 

Act, may be found in the FTC’s privacy 

policy, at (http://www.ftc.gov/ftc/ 

privacy.shtm) 

FOR FURTHER INFORMATION CONTACT: 

Wallace W. Esterling, FTC Bureau of 

Competition, 600 Pennsylvania Avenue, 

NW, Washington, D.C. 20580, (202) 326- 

2936. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 6(f) of the Federal Trade 

Commission Act, 38 Stat. 721, 15 U.S.C. 

46(f), and § 2.34 of the Commission 

Rules of Practice, 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 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 

Home Page (for October 2, 2008), on the 

World Wide Web, at (http:// 

www.ftc.gov/os/2008/10/index.htm). A 

paper copy can be obtained from the 

FTC Public Reference Room, Room 130- 

H, 600 Pennsylvania Avenue, NW, 

Washington, D.C. 20580, either in 

person or by calling (202) 326-2222. 

Public comments are invited, and may 

be filed with the Commission in either 

paper or electronic form. All comments 

should be filed as prescribed in the 

ADDRESSES section above, and must be 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices 61131 

received on or before the date specified 

in the DATES section. 

Analysis of Agreement Containing 

Consent Order to Aid Public Comment 

I. Introduction 

The Federal Trade Commission 

(‘‘Commission’’) has accepted, subject to 

final approval, an Agreement 

Containing Consent Order from Hexion 

LLC and Huntsman Corporation 

(‘‘Respondents’’). The Consent 

Agreement is intended to resolve 

anticompetitive effects stemming from 

Hexion LLC’s (‘‘Hexion’’) proposed 

acquisition of Huntsman Corporation 

(‘‘Huntsman’’). The Consent Agreement 

includes a proposed Decision and Order 

that requires Respondent Hexion to 

divest its Specialty Epoxy Resin Product 

Business, which includes the research, 

development, manufacture, distribution, 

marketing, and sale of each Specialty 

Epoxy Resin Product; its Stuttgart 

(Germany) Assets; and other assets 

related to such business, including, but 

not limited to, Duisburg (Germany), 

parts of Norco (Louisiana), Bedford Park 

(Illinois), and Houston (Texas); among 

other things. The proposed Decision and 

Order also requires the licensing of all 

Hexion intellectual property related to 

the production of Specialty Epoxy 

Resins. The Decision and Order calls for 

divestiture of Hexion’s Specialty Epoxy 

Business to Spolek Pro Chemickou A 

Hutni Vyrobu (‘‘Spolek or 

Spolchemie’’), or another Commissionapproved buyer in the event that Spolek 

is determined not to be acceptable. 

Additionally, the Decision and Order 

requires Hexion to institute procedures 

to ensure that the methylene diphenyl 

diisocyanate (also referred to as 

diphenylmethane diisocyanate) (‘‘MDI’’) 

business it acquired from Huntsman not 

have access directly or indirectly to 

competitively sensitive non-public 

information obtained by its 

formaldehyde division. 

The proposed Consent Agreement and 

Decision and Order are designed to 

address competition concerns in the 

Specialty Epoxy Resin and MDI 

markets. The Consent Agreement, if 

finally accepted by the Commission, 

would settle charges that the proposed 

acquisition may substantially lessen 

competition in the various application 

specific end-use markets for Specialty 

Epoxy Resins and the market for MDI. 

The Commission has reason to believe 

that Respondent’s proposed acquisition 

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. 

II. The Proposed Complaint 

According to the Commission’s 

proposed complaint, the relevant 

product markets in which to analyze the 

effects of Huntsman’s sale of assets to 

Hexion are the markets for the 

development, manufacture, and sale of 

Specialty Epoxy Resins, various 

application specific end-use markets in 

North America in which these resins are 

used, and the market for MDI. 

Specialty epoxy resins are value 

added high performance epoxy resin 

products, including, but not limited to, 

blends, formulations, advanced resins, 

and multifunctional resins. Specialty 

Epoxy Resins are used with curing 

agents, modifiers, and other ingredients 

and components necessary to the use of 

these resins. Specialty Epoxy Resins are 

used in demanding applications where 

enhanced performance is required, such 

as aerospace composites, wind turbine 

blades, and electric power generation 

applications. The relevant geographic 

market is North America. Additionally, 

Specialty Epoxy resins sold into each 

application segment constitute distinct 

application specific end-use product 

markets. 

MDI is a diisocyanate chemical used 

in various applications, including 

construction insulation, refrigeration, 

and composite wood products. 

Formaldehyde, a versatile chemical, is 

an essential ingredient used in the 

manufacture of MDI. It provides useful 

characteristics such as desirable 

insulating and mechanical properties, 

while avoiding many of the harmful 

characteristics associated with the use 

of pure formaldehyde, which is a 

carcinogen. The relevant geographic 

market is North America. 

The proposed complaint alleges that 

the various application specific end-use 

markets for Specialty Epoxy Resins in 

North America and the market for MDI 

are highly concentrated. Hexion and 

Huntsman have been the primary 

competitors in the market for Specialty 

Epoxy Resins for many years. According 

to the proposed complaint, Hexion and 

Huntsman account for between 90 and 

60 percent of sales in the various 

application specific end-use markets in 

North America. They each had close to 

$1 billion in sales of Specialty Epoxy 

Resins in 2007. There are only four 

producers of MDI in the United States: 

Huntsman, Dow Chemical, BASF, and 

Bayer. MDI imports are minimal, and 

Hexion provides formaldehyde to all 

MDI producers in the U.S., except Dow. 

Hexion, as a supplier of formaldehyde 

to MDI producers, receives 

competitively sensitive non-public 

information from three of the four MDI 

producers. Such information includes 

MDI production forecasts, MDI demand 

forecasts and updates to these forecasts 

on a weekly basis, MDI projected long 

term forecasts, and schedules for 

periodic shutdowns of MDI production 

facilities supplied by Hexion. Thus, the 

market for MDI and the formaldehyde 

used in its production is highly 

concentrated. Total U.S. sales of MDI in 

2007 were approximately $2 billion. 

The proposed complaint alleges that 

the proposed acquisition would reduce 

competition for Specialty Epoxy Resins 

in the various application specific enduse markets in North America by 

eliminating direct competition between 

these two companies, and by increasing 

the likelihood that unilateral market 

power will be exercised. As to MDI, the 

complaint alleges that the likelihood of 

coordinated interaction among 

competitors is increased as a result of 

the proposed acquisition. 

III. Terms of the Proposed Order 

Under the proposed Decision and 

Order, Hexion will divest its Specialty 

Epoxy Resins Business, and related 

assets, to Spolek within ten (10) days 

after Hexion acquires Huntsman. 

Spolek, based in the Czech Republic, 

develops, manufactures, and markets a 

wide range of commodity or basic epoxy 

resins. The divestiture will allow Spolek 

to enter the Specialty Epoxy Resins 

market. Similar to Hexion, postdivestiture Spolek will participate in 

both the commodity and Specialty 

Epoxy Resins markets, which will 

position Spolek to compete effectively 

in the market. 

The proposed Decision and Order 

requires Hexion to divest its Duisburg, 

Germany; Stuttgart, Germany; Norco, 

Louisiana; Bedford Park, Illinois; and 

Houston, Texas facilities and their 

related assets. This will provide Spolek 

all assets and know-how necessary for 

the research, development, production 

and sale of Specialty Epoxy Resins. 

In addition, the proposed Decision 

and Order requires Hexion to institute 

procedures to ensure that its acquired 

MDI business not have access directly, 

or indirectly, to competitively sensitive 

non-public information obtained by its 

formaldehyde division. The Decision 

and Order prohibits Hexion from using 

any competitively sensitive non-public 

information obtained from its 

competitors in an anticompetitive 

manner. 

IV. Opportunity for Public Comment 

The proposed Decision and Order has 

been placed on the public record for 

thirty (30) days to receive comments by 

interested persons. Comments received 


jlentini on PROD1PC65 with NOTICES
61132 Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices 

during this period will become part of 

the public record. After thirty (30) days, 

the Commission will review the Consent 

Agreement and comments received and 

decide whether to withdraw its 

agreement or make final the Consent 

Agreement’s proposed Order. 

The purpose of this analysis is to 

facilitate public comment on the 

proposed Decision and Order. This 

analysis is not intended to constitute an 

official interpretation of the Consent 

Agreement and the proposed Decision 

and Order. 

By direction of the Commission. 

Donald S. Clark 

Secretary 

[FR Doc. E8–24429 Filed 10–14–08: 8:45 am] 

BILLING CODE 6750–01–S 

GENERAL SERVICES 

ADMINISTRATION 

[OMB Control No. 3090–0112] 

Information Collection; Federal 

Management Regulation; GSA Form 

3040, State Agency Monthly Donation 

Report of Surplus Property 

AGENCY: Federal Acquisition Service, 

GSA. 

ACTION: Notice of request for comments 

regarding a renewal to an existing OMB 

clearance. 

SUMMARY: Under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35), the General Services 

Administration will be submitting to the 

Office of Management and Budget 

(OMB) a request to review and approve 

an extension of a currently approved 

information collection requirement 

regarding GSA Form 3040, State Agency 

Monthly Donation Report of Surplus 

Property. The clearance currently 

expires on October 31, 2008. 

Public comments are particularly 

invited on: Whether this collection of 

information is necessary and whether it 

will have practical utility; whether our 

estimate of the public burden of this 

collection of information is accurate and 

based on valid assumptions and 

methodology; and ways to enhance the 

quality, utility, and clarity of the 

information to be collected. 

DATES: Submit comments on or before: 

December 15, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Spalding, Federal Acquisition 

Service, GSA at telephone (703) 605– 

2888 or via e-mail to 

joyce.spalding@gsa.gov. 

ADDRESSES: Submit comments regarding 

this burden estimate or any other aspect 

of this collection of information, 

including suggestions for reducing this 

burden to the Regulatory Secretariat 

(VPR), General Services Administration, 

Room 4035, 1800 F Street, NW., 

Washington, DC 20405. Please cite OMB 

Control No. 3090–0112, GSA Form 

3040, State Agency Monthly Donation 

Report of Surplus Personal Property, in 

all correspondence. 

SUPPLEMENTARY INFORMATION: 

A. Purpose 

This report complies with Public Law 

94–519, which requires annual reports 

of donations of personal property to 

public agencies for use in carrying out 

such purposes as conservation, 

economic development, education, 

parks and recreation, public health, and 

public safety. 

B. Annual Reporting Burden 

Respondents: 56. 

Responses Per Respondent: 4. 

Total Responses: 224. 

Hours Per Response: 1.5. 

Total Burden Hours: 330. 

Obtaining copies of proposals: 

Requesters may obtain a copy of the 

information collection documents from 

the General Services Administration, 

Regulatory Secretariat (VPR), 1800 F 

Street, NW., Room 4035, Washington, 

DC 20405, telephone (202) 501–4755. 

Please cite OMB Control No. 3090–0112, 

GSA Form 3040, State Agency Monthly 

Donation Report of Surplus Personal 

Property, in all correspondence. 

Casey Coleman, 

Chief Information Officer. 

[FR Doc. E8–24422 Filed 10–14–08; 8:45 am] 

BILLING CODE 6820–YT–S 

GENERAL SERVICES 

ADMINISTRATION 

[FMR Bulletin PBS–2008–B6] 

Federal Management Regulation; 

Redesignations of Federal Buildings 

AGENCY: Public Buildings Service (P), 

GSA 

ACTION: Notice of a bulletin. 

SUMMARY: The attached bulletin 

announces the redesignations of six 

Federal buildings. 

EXPIRATION DATE: This bulletin expires 

March 1, 2009. However, the building 

redesignations announced by this 

bulletin will remain in effect until 

canceled or superseded. 

FOR FURTHER INFORMATION CONTACT: U.S. 

General Services Administration, Public 

Buildings Service (P), Attn: Anthony E. 

Costa, 1800 F Street, NW, Washington, 

DC 20405; e-mail: 

anthony.costa@gsa.gov; telephone: (202) 

501–1100. 

Dated: September 30, 2008 

James A. Williams, 

Acting Administrator of General Services 

U.S. GENERAL SERVICES 

ADMINISTRATION 

FMR BULLETIN PBS–2008–B6 

REDESIGNATIONS OF FEDERAL 

BUILDINGS 

TO: Heads of Federal Agencies 

SUBJECT: Redesignations of Federal 

Buildings 

1. What is the purpose of this 

bulletin? This bulletin announces the 

redesignations of six Federal buildings. 

2. When does this bulletin expire? 

This bulletin expires March 1, 2009. 

However, the building redesignations 

announced in this bulletin will remain 

in effect until canceled or superseded. 

3. Redesignations. The former and 

new names of the redesignated 

buildings are as follows: 

Former Name New Name 

United States Bankruptcy Courthouse, Bankruptcy Courthouse,

271 Cadman Plaza East, Brooklyn, NY 11201 

Conrad Duberstein United States, Bankruptcy Courthouse, 271 

Cadman Plaza East, Brooklyn, NY 11201 

Federal Building, 138 West First Street, Port Angeles, WA 98362 Richard B. Anderson Federal Building, 138 West First Street, Port 

Angeles, WA 98362 

United States Courthouse, 1716 Spielbusch Avenue, Toledo, OH 

43604 

James M. Ashley and Thomas W.L. Ashley United States Courthouse, 

1716 Spielbusch Avenue, Toledo, OH 43604 

Federal Building and United States Courthouse, 300 Quarropas 

Street, White Plains, NY 10601 

Charles L. Brieant, Jr., Federal Building and United States Courthouse, 

300 Quarropas Street, White Plains, NY 10601 

United States Courthouse, 225 Cadman Plaza East, Brooklyn, NY 

11201 

Theodore Roosevelt United States Courthouse, 225 Cadman Plaza 

East, Brooklyn, NY 11201 


jlentini on PROD1PC65 with NOTICES