57274 Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Notices 

2The Commission normally will issue an order 

for public comment but not issue a final order until 

it considers all comments received during the 

comment period. Here, however, consistent with 

the provisions of Commission Rule 2.34(c)(2), 16 

C.F.R. § 2.34(c)(2), the Commission has issued the 

final Order in advance of the comment period. The 

Commission took this step because it believed it 

was important to enable MCH expeditiously to 

acquire the divested assets and begin to compete 

during the upcoming back-to-school selling season. 

After the public comment period, the Commission 

will have the option to initiate a proceeding to 

reopen and modify the Decision and Order or 

commence a new administrative proceeding – if the 

public comments lead it to believe that such action 

is appropriate. 

of the Consent Agreement are fully 

implemented by D&B. 

II. Respondent D&B 

D&B is a corporation organized, 

existing and doing business under the 

laws of the State of Delaware, with its 

principal place of business at 103 JFK 

Parkway, Short Hills, New Jersey 07078. 

D&B is the world’s leading supplier of 

commercial information on businesses. 

In 2008, D&B’s revenue exceeded $1.7 

billion. MDR, a division of D&B, has its 

headquarters at 6 Armstrong Road, Suite 

301, Shelton, Connecticut 06484. MDR 

also has offices in Chicago, Illinois, and 

San Francisco, California. 

III. The Commission’s Complaint 

The Complaint alleges that, prior to 

MDR’s acquisition of QED, MDR was the 

largest provider of K-12 data in the 

United States. K-12 data is sold or 

leased to customers, including book 

publishers and other suppliers of 

educational products and services, that 

use the information to market the 

various products and services that they 

offer to education institutions. The 

Complaint further alleges that MDR’s 

closest competitor in the K-12 data 

market was QED. After acquiring QED, 

MDR attained a near monopoly. Two 

firms, one of which was MCH, 

accounted for the remaining 

competition. 

The Complaint alleges that if allowed 

to stand, the acquisition would likely 

enable MDR unilaterally to exercise 

market power in various ways, 

including by increasing prices and 

reducing product quality and services. 

IV. Terms of the Order 

A. MCH is the Acquirer. 

MCH is a privately held company 

with offices located at 601 E. Marshall 

Street, Sweet Springs, Missouri 65351. 

The Commission believes that MCH is 

an appropriate acquirer of the assets to 

be divested, and that with those assets, 

it will be in a position to restore the 

competition that was lost when MDR 

acquired QED. MCH currently has a 

small share of the K-12 data market, but 

is a company with over 80 years of 

experience in the broader data market 

industry. 

B. The Assets to be Divested. 

The key asset that MCH will acquire 

is an updated K-12 database. As a result, 

MCH’s database not only will rival 

MDR’s, but will exceed the size and 

scope of the QED database when MDR 

acquired it. 

A second important asset that MCH 

will acquire is the QED name and its 

associated intellectual property. The 

combination of the QED name and the 

updated database has the potential to 

enable MCH to compete for and offer 

customers K-12 data comparable to what 

QED had been offering when it was 

acquired by MDR. 

C. Other Requirements Imposed upon 

MDR. 

The Order also includes several 

provisions that will facilitate the ability 

of MCH to compete on a more even 

footing with MDR. The Order grants 

certain categories of MDR customers the 

option to terminate their contracts with 

MDR, without penalty, for a period of 21 

months, upon 30 days notice to MDR 

that the customer intends to terminate 

its contract(s) for the purpose of 

considering alternative sources of K-12 

data. The Order does not require that 

these customers actually make a 

purchase from an alternative source, nor 

does it require that the alternative 

source be limited to MCH. MDR will be 

required to notify customers with 

potentially terminable contracts, by 

certified mail, of their termination 

rights. 

To facilitate the ability of customers 

to switch away from MDR to MCH, the 

Order also requires that MDR grant such 

customers access to a data translation 

table containing both MDR’s and QED’s 

unique identification numbers assigned 

to educational institutions contained in 

their K-12 databases [PIN/PID numbers]. 

The table assists customers in 

converting their internal marketing data 

systems from MDR’s data reference 

numbering system [PIN] to QED’s data 

reference numbering system [PID]. 

Former QED employees and certain 

MDR employees also are released from 

any restrictions on their ability to join 

MCH. 

Another provision of the Order 

requires that for a period of 21 months, 

MDR offer all third parties placing 

orders for K-12 data with MDR a ‘‘net 

names’’ discount of up to 30% for names 

obtained from MCH (i.e., a discount for 

overlap names). 

The Order also requires that MDR, for 

up to one year, provide MCH with 

reasonably necessary technical 

assistance within five days of such a 

request and further requires MDR to 

facilitate the ability of MCH to enter into 

contracts with any vendor that had been 

doing business with QED. 

D. A Monitor Will Help Ensure 

Compliance. 

The Order provides for the 

appointment by the Commission of an 

independent monitor, with fiduciary 

responsibilities to the Commission, to 

help ensure that D&B carries out all of 

its responsibilities and obligations 

under the Order. The Commission has 

appointed Mr. Richard Casabonne, a 

person with significant experience in 

the K-12 data market, as monitor. Mr. 

Casabonne is chief executive officer of 

Casabonne Associates, Inc., a consulting 

firm that focuses on educational 

activities. In the event D&B fails to 

comply with its divestiture obligations, 

the Order also provides that the 

Commission may also appoint a 

divestiture trustee to fulfill those 

requirements. 

V. Opportunity for Public Comment 

The Consent Agreement has been 

placed on the public record for 30 days 

to receive 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 

determine whether to take further 

action.2 The purpose of this analysis is 

to facilitate comment on the Order. This 

analysis does not constitute an official 

interpretation of the Consent Agreement 

or Order, nor does it modify their terms 

in any way. The Consent Agreement 

does not constitute an admission by 

D&B that it violated the law or that the 

facts as alleged in the Complaint, other 

than jurisdictional facts, are true. 

By direction of the Commission. 

Donald S. Clark 

Secretary. 

[FR Doc. 2010–23436 Filed 9–17–10: 8:45 am] 

BILLING CODE: 6750–01–S 

GOVERNMENT ACCOUNTABILITY 

OFFICE 

Financial Management and Assurance; 

Government Auditing Standards 

AGENCY: Government Accountability 

Office. 

ACTION: Notice of document availability. 

SUMMARY: On August 23, 2010, the U.S. 

Government Accountability Office 

(GAO) issued an exposure draft of 


jdjones on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Notices 57275 

proposed revisions to Government 

Auditing Standards (GAGAS) (also 

known as the Yellow Book). To help 

ensure that the standards continue to 

meet the needs of the audit community 

and the public it serves, the Acting 

Comptroller General of the United 

States appointed the Advisory Council 

on Government Auditing Standards to 

review the standards and recommend 

necessary changes. The Advisory 

Council includes experts in financial 

and performance auditing drawn from 

all levels of government, private 

enterprise, public accounting, and 

academia. This exposure draft of the 

standards includes the Advisory 

Council’s suggestions for proposed 

changes. We are currently requesting 

public comments on the proposed 

revisions in the exposure draft. 

The proposed 2010 revision to 

GAGAS will be the sixth revision since 

the standards were first issued in 1972. 

The 2010 Yellow Book exposure draft 

seeks to emphasize the critical role of 

high quality government audits in 

achieving credibility and accountability 

in government. The proposed changes 

contained in the 2010 Exposure Draft 

update GAGAS to reflect major 

developments in the accountability and 

audit profession and emphasize specific 

considerations applicable to the 

government environment. In addition, 

this proposed revision modernizes 

GAGAS, with updates to reflect major 

developments in the accountability and 

audit environment, including a 

conceptual framework approach for 

independence. Clarifications have also 

been made throughout the standards. 

DATES: Comments will be accepted 

through November 22, 2010. 

ADDRESSES: A copy of the exposure draft 

(GAO–1O–853G) can be obtained on the 

GAO Internet page http://www.gao.gov/ 

govaud/vbkOl.htm. 

FOR FURTHER INFORMATION CONTACT: 

Michael Hrapsky, Specialist, Auditing 

Standards at (202) 512–9535. 

SUPPLEMENTARY INFORMATION: To ensure 

that your comments are considered by 

GAO and the Advisory Council in their 

deliberations, please submit them by 

November 22, 2010. Please send your 

comments electronically to 

yeJlowbookgao.gov. 

Public Law 67–13, 42 Stat. 20. 

James R. Dalkin, 

Director, Financial Management and 

Assurance. 

[FR Doc. 2010–23374 Filed 9–17–10; 8:45 am] 

BILLING CODE 1610–02–M 

GENERAL SERVICES 

ADMINISTRATION 

[OMB Control No. 3090–00XX; Docket No. 

2010–0002; Sequence 22] 

Information Collection; Supplier 

Greenhouse Gas Emissions Inventory 

Pilot 

AGENCY: Federal Acquisition Service, 

General Services Administration (GSA). 

ACTION: Notice of request for public 

comments regarding a new emergency 

OMB information clearance. 

SUMMARY: Under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35), GSA will be 

submitting to the Office of Management 

and Budget (OMB) a request to review 

and approve a new information 

collection requirement regarding the 

agency’s Supplier Greenhouse Gas 

(GHG) Emissions Inventory pilot. 

Public comments are particularly 

invited on: Whether this collection of 

information is necessary for the proper 

performance of functions of the 

Supplier GHG Emissions Inventory 

pilot, 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; 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and ways in which we can 

minimize the burden of the collection of 

information on those who are to 

respond, through the use of appropriate 

technological collection techniques or 

other forms of information technology. 

DATES: Submit comments on or before 

November 19, 2010. 

ADDRESSES: Submit comments 

identified by Information Collection 

3090–00XX; Supplier Greenhouse Gas 

Emissions Inventory Pilot, by any of the 

following methods: 

• Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal e-Rulemaking portal by 

inputting ‘‘Information Collection 3090– 

00XX; Supplier GHG Emissions 

Inventory Pilot’’ under the heading 

‘‘Enter Keyword or ID’’ and selecting 

‘‘Search’’. Select the link ‘‘Submit a 

Comment’’ that corresponds with 

‘‘Information Collection 3090–00XX; 

Supplier GHG Emissions Inventory 

Pilot’’. Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘Information 

Collection 3090–00XX; Supplier GHG 

Emissions Inventory Pilot’’ on your 

attached document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(MVCB), 1800 F Street, NW., Room 

4041, Washington, DC 20405. ATTN: 

Hada Flowers/IC 3090–00XX. 

Instructions: Please submit comments 

only and cite Information Collection 

3090–00XX; Supplier GHG Emissions 

Inventory Pilot, in all correspondence 

related to this collection. All comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal and/or business 

confidential information provided. 

FOR FURTHER INFORMATION CONTACT: Mrs. 

Maleka B. Greene, Procurement Analyst, 

Federal Acquisition Service, at 

telephone (703) 605–9452 or via e-mail 

to Maleka.Greene@gsa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Purpose 

GSA is launching a pilot to ask 

questions and conduct focus groups 

with the top 200 Federal suppliers that 

voluntarily participated in the Carbon 

Disclosure Project’s 2010 annual 

questions of GHG emissions 

measurement practices. The pilot 

questions and focus groups will assist 

GSA in identifying the benefits and 

challenges associated with inventorying 

and disclosing GHG emissions data via 

a registry. They will also assist the 

agency in identifying the type of 

outreach, training, and other direct 

assistance and incentives that will 

encourage Federal contractors to 

inventory and disclose their GHG 

emissions data in the future. 

B. Annual Reporting Burden 

Respondents: 200. 

Responses Per Respondent: 2. 

Hours Per Response: 4 Hours. 

Total Burden Hours: 1,600 Hours. 

Obtaining Copies of Proposals: 

Requesters may obtain a copy of the 

information collection documents from 

the General Services Administration, 

Regulatory Secretariat (MVCB), 1800 F 

Street, NW., Room 4041, Washington, 

DC 20405, telephone (202) 501–4755. 

Please cite OMB Control No. 3090– 

00XX; Supplier Greenhouse Gas 

Emissions Inventory Pilot, in all 

correspondence. 

Dated: September 14, 2010. 

Casey Coleman, 

Chief Information Officer. 

[FR Doc. 2010–23391 Filed 9–17–10; 8:45 am] 

BILLING CODE 6820–89–P 


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