67868 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Notices and subscribers may call as well as all Dated: December 24, 1997. Avenue, NW., Washington, DC 20580, others. Jennifer J. Johnson, either in person or by calling (202) 326– Agreement No.: 224–201043. Deputy Secretary of the Board. 3627. Public comment is invited. Such comments or views will be considered Title: Port of Oakland/Ocean [FR Doc. 97–34069 Filed 12-24-97; 11:12 am] BILLING CODE 6210±01±P by the Commission and will be available Management, Inc. D/B/A FESCO, for inspection and copying at its Agencies North America Line principal office in accordance with (‘‘FESCO’’). Section 4.9(b)(6)(ii) of the Commission’s FEDERAL TRADE COMMISSION Parties: Port of Oakland, Ocean Rules of Practice (16 CFR 4.9(b)(6)(ii)). Management, Inc. d/b/a/FESCO [File No. 971±0026] Agencies North America Line. I. Introduction Synopsis: The proposed Agreement Shell Oil Company; Texaco Inc.; The Federal Trade Commission provides that FESCO will have Analysis To Aid Public Comment (‘‘Commission’’) has accepted from nonexclusive right to certain assigned Shell Oil Co. (‘‘Shell’’) and Texaco Inc. premises at the Port’s Charles P. Howard AGENCY: Federal Trade Commission. (‘‘Texaco’’) (collectively ‘‘Proposed Terminal, for berthing, loading and ACTION: Proposed consent agreement. Respondents’’) an Agreement discharging of its vessels and related Containing Consent Order (‘‘Proposed SUMMARY: liner operations. The term of the The consent agreement in this Consent Order’’). The Commission has Agreement is for five years. matter settles alleged violations of also entered into a Hold Separate federal law prohibiting unfair or Agreement that requires Proposed Dated: December 23, 1997. deceptive acts or practices or unfair Respondents to hold separate and By Order of the Federal Maritime methods of competition. The attached maintain certain divested assets. The Commission. Analysis to Aid Public Comment Proposed Consent Order remedies the Joseph C. Polking, describes both the allegations in the likely anticompetitive effects, in seven Secretary. draft complaint that accompanies the geographic markets, arising from certain [FR Doc. 97–33868 Filed 12–29–97; 8:45 am] consent agreement and the terms of the aspects of Proposed Respondents’ joint BILLING CODE 6730±01±M consent order—embodied in the consent venture. agreement—that would settle these allegations. II. Description of the Parties and the Transaction DATES: Comments must be received on FEDERAL RESERVE SYSTEM or before March 2, 1998. Shell, which is headquartered in Houston, TX, is one of the world’s ADDRESSES: Comments should be Sunshine Act Meeting largest integrated oil companies. Among directed to: FTC/Office of the Secretary, its other businesses, Shell operates room 159, 6th St. and Pa. Ave., NW., AGENCY HOLDING THE MEETING: Board of petroleum refineries that make various Washington, DC 20580. Governors of the Federal Reserve grades of gasoline, diesel fuel, and System. FOR FURTHER INFORMATION CONTACT: kerosene jet fuel, among other TIME AND DATE: 11:00 a.m., Monday, William Baer, Federal Trade petroleum products, and Shell sells January 5, 1998. Commission, 6th & Pennsylvania Ave., these products to intermediaries, NW, H–374, Washington, DC 20580. retailers and consumers. It owns or PLACE: Marriner S. Eccles Federal (202) 326–2932. George Cary, Federal leases approximately 3,400 gasoline Reserve Board Building, 20th and C Trade Commission, 6th & Pennsylvania Streets, N.W., Washington, D.C. 20551. stations nationally and sells gasoline to Ave., NW, H–374, Washington, DC jobbers or gasoline dealers that operate STATUS: Closed. 20580. (202) 326–3741. another 5,000 retail outlets throughout MATTERS TO BE CONSIDERED: SUPPLEMENTARY INFORMATION: Pursuant the United States. During fiscal year 1. Personnel actions (appointments, to Section 6(f) of the Federal Trade 1996, Shell sold about $8.66 billion of promotions, assignments, Commission Act, 38 Stat. 721, 15 U.S.C. gasoline nationally and had revenues reassignments, and salary actions) 46, and § 2.34 of the Commission’s from downstream operations (refining, involving individual Federal Reserve Rules of Practice (16 CFR 2.34), notice transportation, and marketing of System employees. is hereby given that the above-captioned petroleum products) of approximately 2. Any items carried forward from a consent agreement containing a consent $22.7 billion. previously announced meeting. order to cease and desist, having been Texaco, which is headquartered in filed with and accepted, subject to final White Plains, NY, is another of the CONTACT PERSON FOR MORE INFORMATION: approval, by the Commission, has been world’s largest integrated oil companies. Joseph R. Coyne, Assistant to the Board; placed on the public record for a period Among its other businesses, Texaco 202–452–3204. of sixty (60) days. The following operates petroleum refineries in the SUPPLEMENTARY INFORMATION: You may Analysis to Aid Public Comment United States that make gasoline, diesel call 202–452–3206 beginning at describes the terms of the consent fuel, kerosene jet fuel, and other approximately 5 p.m. two business days agreement, and the allegations in the petroleum products, and sells those before the meeting for a recorded accompanying complaint. An electronic products throughout the midwestern announcement of bank and bank copy of the full text of the consent and western United States. Texaco owns holding company applications agreement package can be obtained from one-half of Star Enterprises, Inc., a joint scheduled for the meeting; or you may the Commission Actions section of the venture between Texaco and Saudi contact the Board’s Web site at http:// FTC Home Page (for December 19, Refining, Inc. Star also operates www.bog.frb.fed.us for an electronic 1997), on the World Wide Web, at refineries and markets gasoline and announcement that not only lists ‘‘http://www.ftc.gov/os/actions97.htm.’’ other petroleum products, under the applications, but also indicates A paper copy can be obtained from the Texaco name, in the southeastern and procedural and other information about FTC Public Reference Room, room H– eastern United States. About 14,000 the meeting. 130, Sixth Street and Pennsylvania retail outlets sell Texaco-branded Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Notices 67869 gasoline throughout the United States. conventional gasoline and diesel fuel on combine it with the operations of the In fiscal year 1996, Texaco and Star the island of Oahu, HI. Joint Venture. Under the terms of the earned about $207 million in profits To remedy the alleged Proposed Consent Order, Proposed from their downstream operations; in anticompetitive effects of the Joint Respondents must also maintain the 1996, Texaco had worldwide revenues Venture, the Proposed Consent Order other assets to be divested in a manner of approximately $45.5 billion. requires Proposed Respondents: (1) To that will preserve their viability, On or about March 18, 1997, Shell divest Shell’s refinery located in competitiveness and marketability, must and Texaco entered into a memorandum Anacortes, WA (‘‘Anacortes Refinery’’), not cause their wasting or deterioration, of understanding to form a limited and to allow all of Shell’s branded and cannot sell, transfer, or otherwise liability corporation (‘‘LLC’’), to be dealers and jobbers in Washington and impair the marketability or viability of known as ‘‘Westco,’’ into which Shell Oregon to enter into supply contracts the assets to be divested. The Proposed and Texaco would transfer their refining with the acquirer of that refinery, Consent Order and the Hold Separate and marketing businesses and assets in notwithstanding the existence of any Agreement specify these obligations in the midwestern and western United long-term contracts or termination detail. States, together with their pipeline and penalties; (2) to divest either Texaco’s The FTC staff conducted the other transportation interests interest in the Colonial pipeline or investigation leading to the Proposed throughout the United States. On or Shell’s interest in the Plantation Consent Order in collaboration with the about July 16, 1997, Shell, Texaco and pipeline; (3) to divest gasoline stations Attorneys General of the States of Saudi Refining entered into a in San Diego County representing a California, Hawaii, Oregon and memorandum of understanding to form sufficient volume to establish a viable Washington. As part of this joint effort, a second LLC, to be known as ‘‘Eastco,’’ wholesale competitor; and (4) to divest Proposed Respondents have entered into which Shell and Star would the terminal and retail operations of into agreements with these States transfer their refining and marketing either Shell or Texaco on Oahu. Each settling charges that the Joint Venture divestiture must be made to an acquirer would violate both state and federal businesses and assets in the that receives the prior approval of the antitrust laws. To avoid conflicts southeastern and eastern United States. Commission and in a manner approved between the Proposed Consent Order (Eastco and Westco are referred to by the Commission, and must be and the State consent decrees, the jointly or separately as ‘‘Joint Venture.’’) completed within six months of the Commission has agreed to extend the III. The Proposed Complaint and Commission’s final issuance of the time for divesting particular assets if all Consent Order consent order. Proposed Respondents of the following conditions are satisfied: must also enter into and maintain a ten- (1) Proposed Respondents have fully The Commission has entered into an year agreement to supply Huntway complied with the Proposed Consent agreement containing a Proposed Refining Company with undiluted Order; (2) Proposed Respondents submit Consent Order with Shell and Texaco in heavy crude oil. The Proposed Consent a complete application in support of the settlement of a proposed complaint. The Order provides that no amendment to divestiture of the assets and businesses proposed complaint alleges that the the Huntway supply agreement relating to be divested within four months after proposed Joint Venture violates Section to price, volume or termination will be the Commission’s final approval of the 5 of the Federal Trade Commission Act, effective until approved by the consent order (two months before the 15 U.S.C. 45, and that consummation of Commission. required divestitures must be the Joint Venture would violate Section For ten (10) years after the consent completed); (3) the Commission has in 7 of the Clayton Act, 15 U.S.C. 18, and order becomes final, the Proposed fact approved a divestiture; but (4) Section 5 of the Federal Trade Respondents are prohibited from Proposed Respondents have certified to Commission Act. The proposed entering into a joint venture or other the Commission within ten days after complaint alleges that the Joint Venture affiliation involving or acquiring the Commission’s approval of a will lessen competition in each of the petroleum refining or marketing assets divestiture that a State has not approved following markets: (1) Conventional in Alaska, California, Oregon and that divestiture. If these conditions are gasoline and kerosene jet fuel in the Washington valued at $100 million or satisfied, the Commission will not Puget Sound area of Washington State more, without giving prior notice to the appoint a trustee or seek civil penalties (i.e., the cities of Seattle, Tacoma, Commission, where such venture would for an additional sixty days, in order to Olympia, Bremerton and surrounding not be subject to the reporting allow Proposed Respondents either to areas); (2) conventional gasoline and requirements of the Hart-Scott-Rodino satisfy the State’s concerns or to kerosene jet fuel in the Pacific Antitrust Improvements Act of 1976, 15 produce an acquirer acceptable to the Northwest (i.e., the States of U.S.C. 18a. Commission and the State. If the State Washington and Oregon west of the Proposed Respondents are required to remains unsatisfied at the end of that Cascade mountains); (3) CARB gasoline provide the Commission with a report of additional period, the Commission may (specially formulated gasoline required compliance with the consent order appoint a trustee and seek penalties. in California) in the State of California; within sixty (60) days following the date (4) asphalt in the northern portion of the that the consent order becomes final, IV. Resolution of the Competitive State of California (approximately north every sixty (60) days thereafter until the Concerns of Fresno); (5) transportation of refined divestitures are completed, and The Proposed Consent Order light petroleum products to the inland annually for a period of ten (10) years. alleviates the alleged competitive portions of the State of Mississippi, Proposed Respondents also have concerns arising from the Joint Venture Alabama, Georgia, South Carolina, entered into a Hold Separate Agreement. in seven geographic markets, which are North Carolina, Virginia, and Tennessee Under the terms of this Agreement, until discussed below. (i.e., the portions more than 50 miles the divestiture of the Shell Anacortes from ports such as Savannah, Refinery has been completed, Proposed A. Refining of Conventional Gasoline, Charleston, Wilmington and Norfolk) Respondents must maintain the Shell Kerosene Jet Fuel, and CARB Gasoline (‘‘inland Southeast’’); (6) CARB gasoline Anacortes Refinery as a separate, Four companies operate refineries in in San Diego County, CA; and (7) competitively viable business, and not and around Seattle, WA, and one 67870 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Notices company operates a small refinery in advantage over more distant refiners. kerosene jet fuel in these markets by Tacoma, WA. Shell and Texaco operate The Joint Venture will eliminate one of more than $150 million. refineries in Anacortes, WA, and these firms as an independent bidder, To remedy the harm, Section II of the produce conventional gasoline and raising the likelihood that the Proposed Consent Order requires the kerosene jet fuel, among other products. incumbents could raise prices by a Proposed Respondents to divest Shell’s Shell also produces CARB gasoline. small but significant and nontransitory Anacortes refinery, which refines all of Conventional gasoline and kerosene jet amount before alternative supplies flow the products at issue (including CARB fuel are each product markets, because into the market. The Joint Venture will gasoline) and sells into all of the operators of gasoline-fueled automobiles raise the HHI in this market by 481 relevant markets (including California). and of jet aircraft are unlikely to switch points to 5248. This divestiture will eliminate the to other fuels in response to a small but Airlines in Portland can and do obtain refining overlap in the Puget Sound and significant and nontransitory increase in fuel supplies from the refiners that use Pacific Northwest markets, and reduce the price of gasoline or kerosene jet fuel, the Olympic Pipeline as well as from a the increase in concentration (HHI) in respectively. refinery in the San Francisco area. The the California CARB gasoline market to Puget Sound is a relevant antitrust Joint Venture will eliminate one of these less than 100 points. The Proposed geographic market for conventional firms as an independent bidder, thus Consent Order also requires Shell to gasoline because the refiners in this allowing the remaining bidders to raise allow its dealers and jobbers in market can profitably raise prices by a prices above competitive levels. Washington and Oregon the opportunity small but significant and nontransitory Accordingly, for airlines in Portland, the to become affiliated with the acquirer. amount without losing significant sales relevant geographic market is the Pacific This will increase the likelihood that a to other refiners. The five Seattle Northwest. The Joint Venture will raise viable competitor has access to gasoline refineries supply virtually all of the the HHI in this market by 258 points to and retail outlets from which it can sell conventional gasoline consumed in the 2503. the gasoline. Puget Sound market. The nearest California requires a special B. Transportation of Undiluted Heavy refineries, located in California, Alaska, formulation of gasoline, known as Crude Oil to the San Francisco Bay Area and Canada, are unlikely to divert ‘‘CARB gasoline,’’ which is more gasoline from their current markets into Texaco owns a heated pipeline expensive to produce than conventional Puget Sound in response to a small but (‘‘THPL’’) that carries undiluted heavy gasoline. The product market in significant and nontransitory increase in crude oil from the San Joaquin Valley of California is therefore CARB gasoline price because of transportation costs California to refineries in the San because, by law, consumers in that state and limited access to a sufficient Francisco Bay area. THPL is the only have no alternative. Most refiners in number of independent retail outlets. A source of undiluted heavy crude into California, as well as Shell’s refinery at Puget Sound price increase likely would that area. Huntway Refining Company is Anacortes, can make CARB gasoline. not be defeated even if Puget Sound an asphalt refiner in the Bay area, and Shell and Texaco both market CARB refiners were unable to raise price in Shell is the only other refiner of asphalt Portland, OR, since Puget Sound gasoline in California. Prices would in northern California. Shell and refiners could price discriminate have to rise by more than a small but Huntway together make about 85 between Puget Sound and Portland. significant amount over current and percent of the asphalt used in northern The Joint Venture may also adversely projected levels to induce refiners California. Both Shell and Huntway buy affect competition in the broader outside the West Coast to make CARB undiluted heavy crude from Texaco, geographic market of the Pacific gasoline and transport it to California by transported by the THPL, and refine that Northwest. This market is supplied by tanker. The market is moderately oil into asphalt (among other products). the refiners in Washington, one refinery concentrated and will be moderately Northern California (north of Fresno) is in San Francisco, and one refinery in concentrated after the Joint Venture. the relevant geographic market for Alaska. Other refiners are unlikely to The proposed transaction will raise the asphalt because asphalt refineries enter this market. Customers in the HHI by 154 points to 1635. outside the region are not competitive Pacific Northwest will not practicably For all three fuels in all the alternatives for most customers. The turn outside the market to obtain geographic markets, the products are transaction would allow the Joint supplies for a small but significant and homogeneous, and wholesale prices are Venture to raise Huntway’s costs by nontransitory increase in price. After publicly available and widely reported increasing prices of undiluted heavy the Joint Venture, the Puget Sound to the industry. Refiners therefore crude to Huntway relative to the price refiners could coordinate their prices. readily can identify firms that deviate charged to Shell. (Huntway’s costs As measured by refinery capacity, the from a coordinated or collusive price. would increase if it were required to Joint Venture will increase the Existing exchange agreements likely purchase more expensive lighter crudes Herfindahl-Hirschman Index (‘‘HHI’’) will facilitate identifying and punishing or diluted heavy crudes). Shell could for conventional gasoline in Puget those deviating from a coordinated or therefore raise prices of asphalt to Sound by 1318 points to 3812, and collusive price. Industry members have consumers or prevent Huntway from increase the HHI in the Pacific raised prices in the past by selling cutting its price. Entry is unlikely to Northwest by 561 points to 2896. products outside the market, sometimes defeat this price increase. In the absence The refiners in Puget Sound also at a loss, in order to remove supplies of the Proposed Consent Order, the Joint supply all of the jet fuel used by airlines that had been exerting downward Venture could raise costs to asphalt at the Seattle-Tacoma International pressure on prices. Entry by a refiner is buyers in northern California by more Airport. Three refiners bid to supply the unlikely to be timely, likely, and than three-quarters of a million dollars. airlines flying into that airport, which sufficient to defeat an anticompetitive Section VII of the Proposed Consent receives all of its jet fuel supplies by the price increase because of environmental Order eliminates this risk by requiring Olympic Pipeline. Only four refiners, constraints and because new refining the Proposed Respondents to enter into including Shell and Texaco, practicably capacity requires substantial sunk costs. a 10-year supply agreement with can send jet fuel through that pipeline. The transaction could raise the costs of Huntway, the terms of which must be These refiners thus have a cost conventional and CARB gasoline and approved by the Commission. The Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Notices 67871 parties have in fact entered into such an consumed on Oahu is produced in the Diego can be and have been affected by agreement, which constitutes a two Oahu refineries. Shell, Texaco, the firms in that market. The wholesale confidential exhibit to the Proposed Tosco, and the two refinery owners buy and retail markets in San Diego County Consent Order. The Proposed Consent gasoline from the refineries and sell will be highly concentrated as a result Order prohibits the Joint Venture from gasoline and diesel fuel at wholesale on of the Joint Venture, which will raise increasing the price or reducing the Oahu. Terminal capacity on Oahu is the HHI by 250 points to 1815. volume of crude oil supplied to essential to wholesale operations on that There are barriers to entry at the retail Huntway, and also prohibits Proposed island; it is not economically feasible to level because of slow population Respondents from terminating the sell directly from a refinery or a tanker growth, limited availability of adequate supply agreement (except on terms or from a terminal on another island. retail sites, permitting requirements, identified in that agreement). The Also, consumers of gasoline on Oahu and the need to obtain a ‘‘critical mass’’ Proposed Consent Order also provides have no alternative but to buy gasoline of stations to compete in the market. that any amendment relating to an there. Accordingly, the relevant market Furthermore, the extensive degree of increase in price, a decrease in volume, in which to analyze the transaction is vertical control, combined with barriers or termination is ineffective until the wholesale sale (including terminal at the retail level, raises entry barriers at approved by the Commission. operations) and the retail sale of the wholesale level. The Joint Venture gasoline on Oahu. The markets are likely will enhance the prospects of C. Transportation of Refined Light highly concentrated. As measured by collusion and tacit coordination, which Petroleum Products to the Inland gasoline sales from the terminal, the could raise Southeast Joint Venture will raise the HHI by 267 Section III of the Proposed Consent The inland Southeast receives points to 2160. Order restores competition by requiring essentially all of its refined light The market is susceptible to collusion the Proposed Respondents to divest to a petroleum products (including gasoline, or coordination. The Joint Venture will single entity gasoline stations diesel fuel and jet fuel) from either the reduce the six competitors to five; the representing enough volume to create a Colonial pipeline or the Plantation product at wholesale is homogeneous; viable competitor at the wholesale level pipeline. These two pipelines basically and product exchanges enable the oil and reduce concentration levels to run parallel to each other from companies to share cost information and within the thresholds of the Merger Louisiana to Washington, DC, and facilitate detection and punishment of Guidelines. directly compete to provide petroleum any deviations from prices that might be V. Opportunity for Public Comment product transportation services in the coordinated. New entry is unlikely to inland Southeast. Texaco owns defeat an anticompetitive price increase. The Proposed Consent Order has been approximately 14 percent of Colonial An entrant would require sufficient placed on the public record for sixty and has representation on the Colonial terminal capacity and enough retail (60) days for receipt of comments by board of directors. Shell owns outlets to be able to buy gasoline at the interested persons. Comments received approximately 24 percent of Plantation tanker-load level, or 225,000 barrels during this period will become part of and has representation on Plantation’s (about 9.5 million gallons). Terminal the public record. After sixty days, the board. capacity of this scale is unavailable in Commission will again review the The proposed transaction would put Oahu, and less than 2 percent of Proposed Consent Order and the the Joint Venture in a position to existing retail gasoline stations are comments received and will decide influence the decisions of both available to affiliate with a new entrant whether it should withdraw from the pipelines. The Proposed Respondents at the wholesale level. Proposed Consent Order or make final would also be privy to confidential Section IV of the Proposed Consent the agreement’s consent order. competitive information of each Order restores competition by requiring The Commission anticipates that the pipeline. The effect of the Joint Venture Proposed Respondents to divest either Proposed Consent Order will cure the might be substantially to lessen Shell’s or Texaco’s terminal and retail competitive problems alleged in the competition, including price and service assets on Oahu to a third party. In the complaint. The purpose of this analysis competition, between the two pipelines. absence of such relief, consumers in is to invite public comment on the The Commission has previously Hawaii are likely to pay over $2 million Proposed Consent Order, including the recognized that control of overlapping more for gasoline and diesel fuel. proposed divestitures, to aid the interests in these two pipelines might Commission in its determination of E. Local Gasoline Distribution in San substantially reduce competition in the whether to make final the Proposed Diego County market for transportation of light Consent Order. This analysis is not petroleum products to this section of the Six vertically integrated oil intended to constitute an official country. Chevron Corp., 104 F.T.C. 597, companies control approximately 90 interpretation of the Proposed Consent 601, 603 (1984). To prevent the percent of the gasoline sold at both Order, nor is it intended to modify the competitive harm from the Joint wholesale and retail in San Diego terms of the Proposed Consent Order in Venture, Section V of the Proposed County. These oil companies require any way. Consent Order requires the Proposed their branded retailers to buy gasoline at Donald S. Clark, Respondents to divest to one or more San Diego terminals, where these Secretary. third parties either Texaco’s interest in companies set the wholesale price. On Separate Statement of Commissioner Colonial or Shell’s interest in average, San Diego wholesale prices Mary L. Azcuenaga; Concurring in Part Plantation. exceed those in Los Angeles by more than the cost of pipeline transportation and Dissenting in Part; in Shell/Texaco/ D. Local Gasoline Distribution in Oahu, from Los Angeles to San Diego. There is Star, File No. 9710026 HI no bottleneck at the pipeline preventing Today, the Commission accepts for Gasoline and diesel fuel are supplied additional gasoline from flowing into comment a consent order resolving to Hawaii either by two refineries on the market to reduce the price difference allegations that the proposed joint Oahu (owned by Chevron and BHP) or between San Diego County and Los venture of Shell Oil Company with by tanker. Most of the gasoline Angeles, suggesting that prices in San Texaco Inc. and Star Enterprises would 67872 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Notices violate Section 7 of the Clayton Act and Authority: Federal Advisory Committee containers for export direct delivery Section 5 of the Federal Trade Act. Pub. L. No. 92–463, Section 10(a)(2), 86 shipments. The form contains data Commission Act. I find reason to believe Stat. 770, 774 (1972) (current version at 5 necessary to prepare Transportation that the joint venture, if consummated, U.S.C. app. section 10(a)(2) (1988); 41 CFR Control and Movement Documents 101–6.1015 (1990). would affect competition adversely in (TCMD) which are required when the refining of asphalt in Northern Dated: December 23, 1997. material enters the Defense California and, therefore, support Wendy M. Comes, Transportation System. Paragraph VII of the order, which Executive Director. provides relief in that market. I do not [FR Doc. 97–33938 Filed 12–29–97; 8:45 am] B. Annual Reporting Burden find reason to believe the other BILLING CODE 1610±01±M Respondents: 500; annual responses: violations of law alleged in the 4,000; average hours per response: .20; complaint and, therefore, dissent from burden hours: 1,333. Paragraphs II, III, IV and V of the order, GENERAL SERVICES COPY OF PROPOSAL: A copy of this which require divestitures in other ADMINISTRATION proposal may be obtained from the GSA markets. Although the allegation [OMB Control No. 3090±0040] Acquisition Policy Division (MVP), relating to refineries in the northwestern Room 4011, GSA Building, 1800 F United States is arguably valid, on Proposed Collection; Comment Street NW, Washington, DC 20405, or by balance, I cannot support it and, Request Entitled Application for telephoning (202) 501–3822, or by therefore, cannot support Paragraph II of Shipping Instructions and Notice of faxing your request to (202) 501–3341. the order. The complaint allegations Availability that support Paragraphs III, IV and V of Dated: December 19, 1997. the order seem to me far removed from AGENCY: Federal Supply Service, GSA. Ida M. Ustad, Deputy Associate Administrator, Office of our usual analysis under the merger ACTION: Notice of request for public Acquisition Policy. guidelines. comments regarding reinstatement to a I understand that the parties have previously approved OMB clearance [FR Doc. 97–33905 Filed 12–29–97; 8:45 am] negotiated identical relief with various (3090–0040). BILLING CODE 6820±61±M state attorneys general and that the divestitures in the proposed SUMMARY: Under the provisions of the Commission order will be required in Paperwork Reduction Act of 1995 (44 GENERAL SERVICES any event. My obligation, however, is to U.S.C. Chapter 35), the Office of ADMINISTRATION apply federal law as I see it. Acquisition Policy has submitted to the Office of Management and Budget Federal Supply Service; Broker and [FR Doc. 97–33872 Filed 12–29–97; 8:45 am] (OMB) a request to review and approve Direct Move Management Services BILLING CODE 6750±01±M a reinstatement of a previously Provider Participation in the General approved information collection Services Administration's Centralized requirement concerning Application for Household Goods Traffic Management GENERAL ACCOUNTING OFFICE Shipping Instructions and Notice of Program (CHAMP) Federal Accounting Standards Availability. AGENCY: Federal Supply Service, GSA. Advisory Board DATES: Comment Due Date: March 2, ACTION: Notice of proposed program 1998. changes for comment: Extension of AGENCY: General Accounting Office. ADDRESSES: Comments regarding this comment period. ACTION: Notice of January meeting. burden estimate or any other aspect of this collection of information, including SUMMARY: This document extends the SUMMARY: Pursuant to section 10(a)(2) of comment period of the document the Federal Advisory Committee Act suggestions for reducing this burden, published at 62 FR 64225, December 4, (Pub. L. No. 92–463), as amended, should be submitted to: Edward 1997, to January 12, 1998. Earlier this notice is hereby given that the Federal Springer, GSA Desk Officer, Room 3235, year, GSA provided the household Accounting Standards Advisory Board NEOB, Washington, DC 20503, and to goods transportation industry an will hold a two day meeting on Marjorie Ashby, General Services opportunity to comment on its draft Thursday and Friday, January 22 and Administration (MVP), 1800 F Street 1997 Household Goods Tender of 23, 1998, from 9:00 A.M. to 4:00 P.M. NW, Washington, DC 20405. Service (HTOS). GSA has received and in Room 7C13 of the General FOR FURTHER INFORMATION CONTACT: reviewed the industry’s comments on Accounting Office building, 441 G St., Marcia Crockett, Acquisition Operations the draft 1997 HTOS and is in the N.W., Washington, D.C. & Electronic Commerce Center, Supply The purpose of the meeting is to Management Division, (703) 305–7551. process of making appropriate revisions to the document before issuing it in discuss the following issues: (1) SUPPLEMENTARY INFORMATION: Accounting for Loans and Loan final. The provisions contained in this Guarantees; (2) Accounting for Property A. Purpose notice apply to household goods and Plant Equipment; (3) Accounting for The GSA is requesting the Office of transportation broker and direct move Social Insurance; and (4) the addition of Management and Budget (OMB) to management services provider new projects for 1998. reinstate information collection, 3090– participants in CHAMP and were not Any interested person may attend the 0400, concerning Application for included in the original draft HTOS. We meeting as an observer. Board Shipping Instructions and Notice of are offering these provisions for discussions and reviews are open to the Availability. This information collection industry review and comment at this public. supports and justifies the markup of the time. FOR FURTHER INFORMATION CONTACT: six percent surcharge for the GSA export DATES: Please submit your comments by Wendy Comes, Executive Director, 441 reimbursable program. It also is used to January 12, 1998. G St., N.W., Room 3B18, Washington, evaluate and obtain the best cube ADDRESSES: Mail comments to the D.C. 20548, or call (202) 512–7350. utilization of shipping vans and Travel and Transportation Management