36712 Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / 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 FTC 

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

225), and all other applicable statutes 

and regulations to become a bank 

holding company and/or to acquire the 

assets or the ownership of, control of, or 

the power to vote shares of a bank or 

bank holding company and all of the 

banks and nonbanking companies 

owned by the bank holding company, 

including the companies listed below. 

The applications listed below, as well 

as other related filings required by the 

Board, are available for immediate 

inspection at the Federal Reserve Bank 

indicated. The applications also will be 

available for inspection at the offices of 

the Board of Governors. Interested 

persons may express their views in 

writing on the standards enumerated in 

the BHC Act (12 U.S.C. 1842(c)). If the 

proposal also involves the acquisition of 

a nonbanking company, the review also 

includes whether the acquisition of the 

nonbanking company complies with the 

standards in section 4 of the BHC Act 

(12 U.S.C. 1843). Unless otherwise 

noted, nonbanking activities will be 

conducted throughout the United States. 

Additional information on all bank 

holding companies may be obtained 

from the National Information Center 

website at www.ffiec.gov/nic/. 

Unless otherwise noted, comments 

regarding each of these applications 

must be received at the Reserve Bank 

indicated or the offices of the Board of 

Governors not later than August 20, 

2009. 

A. Federal Reserve Bank of 

Richmond (A. Linwood Gill, III, Vice 

President) 701 East Byrd Street, 

Richmond, Virginia 23261–4528: 

1. Piedmont Community Bank 

Holdings, Inc., Chapel Hill, North 

Carolina; to become a bank holding 

company by acquiring up to 62 percent 

of the voting securities of VantageSouth 

Bank, Burlington, North Carolina. 

B. Federal Reserve Bank of Dallas (E. 

Ann Worthy, Vice President) 2200 

North Pearl Street, Dallas, Texas 75201– 

2272: 

1. Community Trust Financial 

Corporation, Ruston, Louisiana; to 

merge with First Louisiana Bancshares, 

Inc., and indirectly acquire First 

Louisiana Bank, both of Shreveport, 

Louisiana. 

Board of Governors of the Federal Reserve 

System, July 21, 2009. 

Margaret McCloskey Shanks 

Associate Secretary of the Board. 

[FR Doc. E9–17686 Filed 7–23–09; 8:45 am] 

BILLING CODE 6210–01–S 

FEDERAL TRADE COMMISSION 

[Docket No. 9310] 

Aspen Technology, Inc.; Analysis to 

Aid Public Comment on Proposed 

Agreement Containing Order to Show 

Cause and Order Modifying Order 

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 

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 August 5, 2009. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to ‘‘Aspen 

Technology, Inc., Docket No. 9310’’ to 

facilitate the organization of comments. 

Please note that your comment — 

including your name and your state — 

will be placed on the public record of 

this proceeding, including on the 

publicly accessible FTC website, at 

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

publiccomments.shtm). 

Because comments will be made 

public, they should not include any 

sensitive personal information, such as 

an individual’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. Comments 

also should not include any sensitive 

health information, such as medical 

records or other individually 

identifiable health information. In 

addition, comments should not include 

any ‘‘[t]rade secret or any commercial or 

financial information which is obtained 

from any person and which is privileged 

or confidential. . . .,’’ as provided in 

Section 6(f) of the FTC Act, 15 U.S.C. 

46(f), and Commission Rule 4.10(a)(2), 

16 CFR 4.10(a)(2). 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).1

Because paper mail addressed to the 

FTC is subject to delay due to 

heightened security screening, please 

consider submitting your comments in 

electronic form. Comments filed in 

electronic form should be submitted by 

using the following weblink: (https:// 

secure.commentworks.com/ftcAspenTech/) Tech (and following the 

instructions on the web-based form). To 

ensure that the Commission considers 

an electronic comment, you must file it 

on the web-based form at the weblink: 

(https://secure.commentworks.com/ftcAspenTech/). If this Notice appears at 

(http://www.regulations.gov/search/ 

index.jsp), you may also file an 

electronic comment through that 

website. The Commission will consider 

all comments that regulations.gov 

forwards to it. You may also visit the 

FTC website at (http://www.ftc.gov/) to 

read the Notice and the news release 

describing it. 

A comment filed in paper form 

should include the ‘‘Aspen Technology, 

Inc., Docket No. 9310 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 H-135, 600 Pennsylvania Avenue, 

NW, Washington, DC 20580. 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. 

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). 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Notices 36713 

FOR FURTHER INFORMATION CONTACT: 

Daniel P. Ducore, Bureau of 

Competition, 600 Pennsylvania Avenue, 

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

2526. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 6(f) of the Federal Trade 

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

46(f), and § 3.25(f) the Commission 

Rules of Practice, 16 CFR 3.25(f), 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 July 6, 2009), on the 

World Wide Web, at (http:// 

www.ftc.gov/os/2009/07/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 

received on or before the date specified 

in the DATES section. 

Analysis of Agreement Containing 

Consent Order to Aid Public Comment 

The Federal Trade Commission, 

subject to its final approval, has 

accepted for public comment an 

Agreement Containing Order to Show 

Cause and Order Modifying Order 

(‘‘Proposed Modifying Order’’ or 

‘‘Order’’) with Aspen Technology, Inc. 

(‘‘Aspen’’) to resolve the Commission’s 

investigation related to Aspen’s 

compliance with its obligations under 

the Decision and Order issued in this 

matter on December 20, 2004 (‘‘Original 

Order’’). 

The Original Order required, among 

other things, that Aspen divest the 

software product HYSYS and certain 

related assets Aspen had obtained 

through its acquisition of Hyprotech, 

Ltd. (‘‘Hyprotech assets’’). Under the 

terms of the Original Order, Aspen was 

required to divest the Hyprotech assets 

on or before March 28, 2005, to an 

acquirer approved by the Commission. 

On December 20, 2004, the Commission 

approved Honeywell International Inc. 

(‘‘Honeywell’’) as the acquirer of the 

Hyprotech assets. 

Following entry of the Original Order 

in 2004, issues arose concerning the 

scope and timeliness of Aspen’s 

compliance. After a full investigation, 

the Commission found reason to believe 

that Aspen had not complied fully with 

its obligations; the Commission notified 

the Department of Justice of its intention 

to file an enforcement action under 

Section 5(l) of the FTC Act. The 

Commission has since determined in its 

discretion that, rather than pursuing the 

enforcement action, it is in the public 

interest to reopen this proceeding 

pursuant to Section 3.72(b) of the 

Commission’s Rules of Practice, 16 CFR 

§ 3.72(b), and modify the Original Order 

by adding provisions intended to 

remediate the inability of the Original 

Order to achieve fully its stated purpose 

as a result of actions by Aspen. 

Although Aspen denies these 

allegations, it has consented to entry of 

the Proposed Modifying Order. 

The Proposed Modifying Order 

revises the Original Order by requiring 

Aspen to maintain the capability to save 

customer case files containing the Input 

Variables created in Aspen HYSYS, 

Aspen HYSYS Dynamics, and certain 

heat exchange simulation software 

products into a Portable Format, as 

defined in the Order. The Order further 

requires Aspen to provide Honeywell 

with certain technical information to 

enable Honeywell to utilize the Portable 

Format. These provisions are intended 

to enable Honeywell to compete with 

Aspen as intended by the Original 

Order. 

The Proposed Modifying Order has 

been placed on the public record for 30 

days for interested persons to comment. 

Comments received during this 30 day 

period will become part of the public 

record. After 30 days, the Commission 

will again review the Proposed 

Modifying Order and the comments 

received and will decide whether it 

should withdraw the Proposed 

Modifying Order or make the Proposed 

Modifying Order final. 

1. The Respondent 

Aspen, headquartered in Burlington, 

Massachusetts, is a developer and 

worldwide supplier of simulation 

software. Its products are used by firms 

in the refining, oil and gas, 

petrochemical, chemical, 

pharmaceutical, and other process 

manufacturing industries and by 

engineering and construction companies 

that support those industries. 

2. The Proposed Modifying Order 

The Proposed Modifying Order 

requires Aspen to complete and 

maintain a Portable Format Export/ 

Import Feature for Aspen HYSYS 6.0, 

Aspen HYSYS 7.1 and all current and 

future versions of Aspen HYSYS, Aspen 

HYSYS Dynamics, and the covered heat 

exchange simulation software products 

until December 31, 2014, or if 

Honeywell exercises the option 

permitted it in the Order, until 

December 31, 2016. The Order defines 

a Portable Format Export/Import Feature 

as the provision for the export into and 

import from a Portable Format of Input 

Variables. The Order further defines a 

Portable Format as a structured file 

format that is both human and machinereadable and defines an Input Variable 

as all user input data related to 

calculations and basic user input data 

related to HYSYS flowsheet block and 

stream graphical layouts. The current 

Portable Format generally used by 

Aspen is an XML format. 

The Proposed Modifying Order also 

requires Aspen to provide Honeywell 

with certain Technical Documentation, 

which is defined as tags used to identify 

the user input variable, data types of the 

tags (e.g., integer, real, Boolean, text, 

choice), valid choices for choice data 

types, and a definition of the meaning 

of the tags. The Technical Information 

will provide information to Honeywell 

that is intended to allow it to develop 

the ability to import Input Variables 

written by Aspen to the Portable Format 

and to export those Input Variables into 

the Portable Format. Under the terms of 

the Proposed Modifying Order, Dr. 

Thomas L. Teague is appointed as 

Monitor. The Monitor will Validate the 

Portable Format Export/Import Feature 

in the relevant software products, 

review the completeness of Technical 

Documentation provided by Aspen to 

Honeywell, and take other steps to 

monitor Aspen’s compliance with its 

obligations under the Order, including 

reporting on a regular basis to the 

Commission. The Order requires Aspen 

to grant and transfer to the Monitor all 

rights, powers, and authority necessary 

to carry out the Monitor’s duties and 

responsibilities. 

To ensure the Portable Format Export/ 

Import Feature in HYSYS 2006.0 and 

HYSYS 7.1 is complete, the Order 

requires Aspen to update HYSYS 2006.0 

to complete the Portable Format Export/ 

Import Feature . The Monitor will 

Validate the HYSYS 2006.0 Update, to 

verify that the Portable Format Export/ 

Import Feature is complete and 

functional, by verifying that (i) as to the 

Input Variables common to Aspen 

HYSYS and Aspen HYSYS Dynamics 

versions 7.1 and HYSYS 2006.0 Update, 

the native input report (.dmp) text files 

for each case in a HYSYS Portability 

Test Suite are shown to be substantially 


srobinson on DSKHWCL6B1PROD with NOTICES
36714 Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Notices 

the same as the input report (.dmp) files 

that are produced when the Portable 

Format file is exported from Aspen 

HYSYS version 7.1 and Aspen HYSYS 

Dynamics version 7.1, and then 

imported as a new case in HYSYS 

2006.0 Update, and (ii) running HYSYS 

2006.0 Update in calculation mode, 

each case in the HYSYS Portability Test 

Suite demonstrates that the calculation 

results from the original case file and 

the calculation results from the 

exported/imported case file are 

substantially the same. The HYSYS 

Portability Suite is a group of test cases 

provided by Aspen and reviewed by the 

Monitor that tests the capability of the 

Portable Format Export/Import Feature 

to import and export all Input Variables. 

The Order requires Aspen to fix any 

errors in the Portable Format Export/ 

Import of the HYSYS 2006.0 Update 

discovered by the Monitor during the 

Validation process. 

To facilitate Honeywell’s 

development of the capability to import 

cases exported by Aspen using the 

Portable Format Export/Import Feature, 

the Proposed Modifying Order requires 

Aspen to provide Honeywell with the 

HYSYS 2006.0 Update, including object 

and source code, the HYSYS Portability 

Test Suite, and Technical 

Documentation of any modifications to 

the Portable Format or Input Variables 

between the HYSYS 2006.0 Update and 

the versions of HYSYS 7.1 or HYSYS 

Dynamics 7.1 current as of April 30, 

2009. 

To ensure all HTFS+ products have 

functional Portable Format Export/ 

Import Features, Aspen is required to 

provide the Monitor and Honeywell 

with Technical Documentation of the 

HTFS+ Portable Format and an HTFS+ 

Test Suite. The Monitor will review 

both the Technical Documentation and 

HTFS+ Test Suite and require any 

necessary modification. 

During the term of the Proposed 

Modifying Order, Aspen is required to 

take certain actions before releasing any 

new version of Aspen HYSYS, Aspen 

HYSYS Dynamics, or of the covered 

heat exchange software products. Aspen 

is required to provide the Monitor with 

a beta version of planned new releases 

of these products for review and 

Validation. The Monitor must be able to 

Validate new versions of Aspen HYSYS 

and Aspen HYSYS Dynamics by 

verifying (i) that native input report 

(.dmp) text files in the new release are 

shown to be substantially the same as 

the input report (.dmp) files that are 

produced when the Portable Format file 

is exported and then imported as a new 

case in the new release, (ii) as to Input 

Variables common to the new release 

and HYSYS 2006.0 Update, that the 

native input report (.dmp) text files for 

each case in the HYSYS Portability Test 

Suite are shown to be substantially the 

same as the input report (.dmp) files 

that are produced when the Portable 

Format file is exported from the new 

release and then imported as a new case 

in HYSYS 2006.0 Update, and (iii) the 

Portable Format Export/Import Feature 

is used in the new release in a 

substantially similar manner as such 

feature is used in HYSYS 2006.0 

Update. Aspen cannot release the new 

version until the Monitor completes 

Validation of the product, provided that 

the Monitor completes such Validation 

in a timely fashion; otherwise, the 

Validation may be completed postrelease. 

Aspen is also required to provide the 

Monitor with Technical Documentation 

of Portable Format tags for all new Input 

Variables in the proposed new release, 

which the Monitor shall review for 

completeness. Aspen must also provide 

Honeywell with a copy of the Technical 

Documentation two weeks prior to 

publishing the new release. The 

Documentation provided to Honeywell 

must either incorporate revisions to the 

Technical Documentation required by 

the Monitor or provide such revisions as 

an update to the documentation, 

depending on when the Monitor 

informs Aspen of the need for such 

revisions. 

If, during the term of the Proposed 

Modifying Order, Aspen replaces XML 

as the Portable Format used in Aspen 

HYSYS, Aspen HYSYS Dynamics, or 

the covered heat exchanges simulation 

software products, the Monitor must 

determine the appropriate procedure for 

Validating releases using the new 

Portable Format and providing 

Technical Documentation to Honeywell. 

Aspen cannot ship a new release of 

Aspen HYSYS, Aspen HYSYS 

Dynamics, or the covered heat 

exchanges simulation software products 

until two weeks after it has provided to 

Honeywell all Technical Documentation 

required by the Monitor. 

By direction of the Commission, with 

Commissioner J. Thomas Rosch recused. 

Donald S. Clark 

Secretary 

[FR Doc. E9–17704 Filed 7–23–09: 7:17 am] 

BILLING CODE 6750–01–S 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Indian Health Service 

Request for Public Comment: 60-Day 

Proposed Information Collection: 

Application for Participation in the IHS 

Scholarship Program 

AGENCY: Indian Health Service. 

ACTION: Notice. 

SUMMARY: In compliance with Section 

3506(c)(2)(A) of the Paperwork 

Reduction Act of 1995 which requires to 

provide a 60-days advance opportunity 

for public comment on proposed 

information collection projects, the 

Indian Health Service (IHS) is 

publishing for comment a summary of a 

proposed information collection to be 

submitted to the Office of Management 

and Budget (OMB) for review. 

Proposed Collection: Title: 0917– 

0006, ‘‘Application for Participation in 

the IHS Scholarship Program.’’ Type of 

Information Collection Request: Three 

year extension, with change of currently 

approved information collection, 0917– 

0006, ‘‘Application for Participation in 

the IHS Scholarship Program.’’ Form 

Number(s): IHS–856, 856–2 through 

856–24, IHS–815, IHS–816, IHS–817, 

and JHS–818. Reporting formats are 

contained in an IHS Scholarship 

Program application booklet. Need and 

Use of Information Collection: The IHS 

Scholarship Branch needs this 

information for program administration 

and uses the information to solicit, 

process, and award IHS Pre-graduate, 

Preparatory, and/or Health Professions 

Scholarship grantees and monitor the 

academic performance of awardees, to 

place awardees at payback sites, and for 

awardees to request additional program 

information. The IHS Scholarship 

Program is streamlining the application 

to reduce the time needed by applicants 

to complete and provide the information 

and plans on using information 

technology to make the application 

electronically available on the Internet. 

Affected Public: Individuals, not-forprofit institutions and State, local or 

Tribal Governments. Type of 

Respondents: Students pursuing health 

care professions. 

The table below provides: Types of 

data collection instruments; Estimated 

number of respondents; Number of 

responses per respondent; Annual 

number of responses; Average burden 

hour per response; and Total annual 

burden hours. 


srobinson on DSKHWCL6B1PROD with NOTICES