Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Notices 79451

Account 6621, Call completion federal law prohibiting unfair or Enterprises, Inc.—Consent Agreement; services; deceptive acts or practices or unfair File No. 131 0163’’ on your comment. Account 6622, Number services; methods of competition. The attached Your comment—including your name Account 6623, Customer services; Analysis of Agreement Containing and your state—will be placed on the Account 6561, Depreciation expense- Consent Orders to Aid Public Comment public record of this proceeding, telecommunications plant in service; describes both the allegations in the including, to the extent practicable, on Account 6562, Depreciation expense- draft complaint and the terms of the the public Commission Web site, at property held for future consent orders—embodied in the http://www.ftc.gov/os/ telecommunications use; consent agreement—that would settle publiccomments.shtm. As a matter of Account 6563, Amortization expense- these allegations. discretion, the Commission tries to tangible; DATES: Comments must be received on remove individuals’ home contact Account 6564, Amortization expense- or before January 22, 2014. information from comments before intangible; and ADDRESSES: Interested parties may file a placing them on the Commission Web Account 6565, Amortization expense- comment at https:// site. other. ftcpublic.commentworks.com/ftc/ Because your comment will be made These accounting changes are scistewartconsent online or on paper, by public, you are solely responsible for mandatory only for Class A Incumbent following the instructions in the making sure that your comment does Local Exchange Carriers (ILECs). The Request for Comment part of the not include any sensitive personal reinstatement of these accounts imposed SUPPLEMENTARY INFORMATION section information, like anyone’s Social a minor increase in burden only Class below. Write ‘‘Service Corporation Security number, date of birth, driver’s A ILECs only. The Commission also International and Stewart Enterprises, license number or other state established a recordkeeping requirement Inc.—Consent Agreement; File No. 131 identification number or foreign country that Class A ILECs maintain subsidiary 0163’’ on your comment and file your equivalent, passport number, financial record categories for unbundled comment online at https:// account number, or credit or debit card network element revenues, resale ftcpublic.commentworks.com/ftc/ number. You are also solely responsible revenues, reciprocal compensation scistewartconsent by following the for making sure that your comment does revenues, and other interconnection instructions on the web-based form. If not include any sensitive health revenues in the accounts in which these you prefer to file your comment on information, like medical records or revenues are currently recorded. The paper, mail or deliver your comment to other individually identifiable health use of subsidiary record categories the following address: Federal Trade information. In addition, do not include allows carriers to use whatever Commission, Office of the Secretary, any ‘‘[t]rade secret or any commercial or mechanisms they choose, including Room H–113 (Annex D), 600 financial information which . . . is those currently in place, to identify the Pennsylvania Avenue NW., Washington, privileged or confidential,’’ as discussed relevant amounts as long as the DC 20580. in Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR information can be made available to FOR FURTHER INFORMATION CONTACT: Jill 4.10(a)(2). In particular, do not include state and federal regulators upon Frumin, Bureau of Competition, (202– request. The use of subsidiary record competitively sensitive information 326–2758), 600 Pennsylvania Avenue such as costs, sales statistics, categories for interconnection revenue NW., Washington, DC 20580. does not require massive changes to the inventories, formulas, patterns, devices, SUPPLEMENTARY INFORMATION: Pursuant ILECs’ accounting systems and is a far manufacturing processes, or customer to Section 6(f) of the Federal Trade less burdensome alternative than the names. Commission Act, 15 U.S.C. 46(f), and creation of new accounts and/or If you want the Commission to give FTC Rule 2.34, 16 CFR 2.34, notice is subaccounts. The information submitted your comment confidential treatment, hereby given that the above-captioned to the Commission by carriers provides you must file it in paper form, with a consent agreement containing a consent the necessary detail to enable the request for confidential treatment, and order to cease and desist, having been Commission to fulfill its regulatory you have to follow the procedure filed with and accepted, subject to final responsibilities. explained in FTC Rule 4.9(c), 16 CFR approval, by the Commission, has been 4.9(c).1 Your comment will be kept Federal Communications Commission. placed on the public record for a period confidential only if the FTC General Gloria J. Miles, of thirty (30) days. The following Counsel, in his or her sole discretion, Federal Register Liaison, Office of the Analysis to Aid Public Comment grants your request in accordance with Secretary, Office of Managing Director. describes the terms of the consent the law and the public interest. [FR Doc. 2013–31178 Filed 12–27–13; 8:45 am] agreement, and the allegations in the Postal mail addressed to the BILLING CODE 6712–01–P complaint. An electronic copy of the Commission is subject to delay due to full text of the consent agreement heightened security screening. As a package can be obtained from the FTC result, we encourage you to submit your FEDERAL TRADE COMMISSION Home Page (for December 23, 2013), on comments online. To make sure that the the World Wide Web, at http:// Commission considers your online [File No. 131 0163] www.ftc.gov/os/actions.shtm. A paper comment, you must file it at https:// Service Corporation International, and copy can be obtained from the FTC ftcpublic.commentworks.com/ftc/ Stewart Enterprises, Inc.; Analysis of Public Reference Room, Room 130–H, scistewartconsent by following the Agreement Containing Consent Orders 600 Pennsylvania Avenue NW., instructions on the web-based form. If To Aid Public Comment Washington, DC 20580, either in person this Notice appears at http:// or by calling (202) 326–2222. AGENCY: Federal Trade Commission. You can file a comment online or on 1 In particular, the written request for confidential paper. For the Commission to consider treatment that accompanies the comment must ACTION: Proposed Consent Agreement. include the factual and legal basis for the request, your comment, we must receive it on or and must identify the specific portions of the SUMMARY: The consent agreement in this before January 22, 2014. Write ‘‘Service comment to be withheld from the public record. See matter settles alleged violations of Corporation International and Stewart FTC Rule 4.9(c), 16 CFR 4.9(c).

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www.regulations.gov/#!home, you also The proposed Consent Agreement has remove, care for, and prepare bodies for may file a comment through that Web been placed on the public record for burial. Funeral services do not include site. thirty days (‘‘Public Comment Period’’). cremation services because consumers If you file your comment on paper, During this period, interested persons generally do not substitute cremation write ‘‘Service Corporation International can review the proposed Consent services for burial services based upon and Stewart Enterprises, Inc.—Consent Agreement and file comments with price. Since many consumers primarily Agreement; File No. 131 0163’’ on your respect to the competitive effects of the choose their final disposition based on comment and on the envelope, and mail Merger and the proposed remedy. At the their personal or religious views, these or deliver it to the following address: end of the Public Comment Period, the consumers do not view cremation Federal Trade Commission, Office of the Commission will review and afford services as a viable substitute for funeral Secretary, Room H–113 (Annex D), 600 appropriate consideration to all services. Thus, a hypothetical Pennsylvania Avenue NW., Washington, comments filed. The Commission may monopolist of funeral services could DC 20580. If possible, submit your then determine whether to modify the profitably impose a small but significant paper comment to the Commission by proposed Consent Agreement, issue the and non-transitory increase in price courier or overnight service. Consent Agreement as final without (‘‘SSNIP’’) because most consumers Visit the Commission Web site at modifications, or withdraw the Consent would not switch to cremation services. http://www.ftc.gov to read this Notice Agreement in its entirety. Further, the competitive conditions for and the news release describing it. The On May 29, 2013, SCI and Stewart cremation services are substantially FTC Act and other laws that the executed a definitive merger agreement different than for funeral services. Commission administers permit the pursuant to which SCI agreed to acquire Cemetery services include all collection of public comments to Stewart in an all-cash transaction activities relating to the promotion, consider and use in this proceeding as valued at approximately $1.4 billion marketing, sale, and provision of appropriate. The Commission will (the ‘‘Merger’’). The Commission’s property, goods, and services to provide consider all timely and responsive complaint alleges that the proposed for the disposition of human remains in public comments that it receives on or Merger, if consummated, would violate a cemetery, whether by burial, before January 22, 2014. You can find Section 7 of the Clayton Act, as entombment in a mausoleum or crypt, more information, including routine amended, 15 U.S.C. 18, and Section 5 of disposition in a niche, or scattering uses permitted by the Privacy Act, in the Federal Trade Commission Act, as cremated remains on cemetery grounds. the Commission’s privacy policy, at amended, 15 U.S.C. 45, removing an In some local markets, certain funeral- http://www.ftc.gov/ftc/privacy.htm. actual, direct, and substantial service and cemetery-service locations competitor from 29 funeral services cater to specific populations by focusing Analysis of Agreement Containing markets, and 30 cemetery services on the customs and rituals associated Consent Orders To Aid Public Comment markets. The proposed Consent with one or more religious, ethnic, or I. Introduction Agreement would remedy the alleged cultural heritage groups. In such violations by requiring divestitures to situations, the provision of funeral or The Federal Trade Commission replace the competition that otherwise cemetery services targeted to such (‘‘Commission’’) has accepted for public would be lost in these markets as a populations may constitute distinct and comment, subject to final approval, an result of the Merger. relevant product markets. Thus, in Los Agreement Containing Consent Orders Angeles, , for example, the (‘‘Consent Agreement’’) from Service II. The Parties provision of funeral services to Catholic Corporation International (‘‘SCI’’) and SCI is the largest funeral and cemetery consumers constitutes a relevant Stewart Enterprises, Inc. (‘‘Stewart’’). services provider in North America. SCI product market in which to analyze the The purpose of the proposed Consent owns and operates more than 1,449 competitive effects of the Merger. Agreement is to remedy the funeral-services locations and 374 Likewise, in South Dallas, , the anticompetitive effects that would cemeteries (including 213 combined provision of cemetery services to the otherwise result from SCI’s acquisition funeral-services/cemetery locations), African-American community of Stewart. Under the terms of the and 100 crematories in 44 states and the constitutes a relevant product market in proposed Consent Agreement, SCI and District of Columbia. SCI’s 2012 revenue which to analyze the competitive effects Stewart are required to divest 53 funeral from all operations totaled of the Merger. homes in 29 local funeral services approximately $2.41 billion. The 29 funeral services markets and markets and 38 cemeteries in 30 local Stewart is the second largest funeral 30 cemetery services markets at issue in cemetery markets to acquirers who and cemetery services provider in the this transaction are relatively local in receive the approval of the Commission. . Stewart owns and nature. Indeed, data analysis and The proposed Consent Agreement also operates 217 funeral homes and 141 evidence gathered from market requires SCI and Stewart to divest all cemeteries in 24 states and . participants indicate that purchasers of related assets and real property For the 12 months ending October 31, both ‘‘preneed’’ and ‘‘atneed’’ funeral necessary to ensure that the buyer(s) of 2013, Stewart’s total revenues were and cemetery services typically choose the divested facilities will be able to approximately $524.1 million. a local funeral home or cemetery in quickly and fully replicate the order to make the memorial service, competition that would have been III. Funeral and Cemetery Services burial, and subsequent visitation more eliminated by the merger. Finally, the SCI’s proposed acquisition of Stewart convenient. Commission, SCI, and Stewart have presents substantial antitrust concerns The 29 geographic markets in which agreed to an Order to Hold Separate and in two relevant product markets: (1) to analyze the effects of the Merger with Maintain Assets (‘‘Hold Separate Funeral services; and (2) cemetery respect to funeral services are: (1) Order’’) that requires SCI and Stewart to services. Funeral services include all Mobile, Alabama; (2) Auburn, maintain and hold separate certain activities relating to the promotion, California; (3) East Los Angeles County, facilities to be divested pending their marketing, sale, and provision of funeral California (Catholic); (4) Los Angeles final divestiture pursuant to the Consent services and goods, including, but not (Long Beach), California (Catholic); (5) Agreement. limited to, goods and services used to Los Angeles (San Fernando Valley),

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California (Catholic); (6) Palmdale/ HHI that exceeds 2,500 points. SCI’s independently and effectively operate Lancaster, California; (7) Northern San merger with Stewart creates market each facility. See Appendix A to the Diego, California; (8) Southern and concentration levels well in excess of proposed Decision and Order for a Eastern San Diego, California; (9) these thresholds in the local markets complete list of the divestiture assets. Clearwater, ; (10) Jacksonville, listed above. The proposed Consent Agreement Florida; (11) Miami-Dade County The anticompetitive implications of contains several provisions designed to (Homestead), Florida; (12) Miami-Dade such significant increases are reinforced ensure that the divestitures are County (Miami), Florida; (13) Ocala, by evidence of intense head-to-head successful. First, the Commission will Florida; (14) Orlando, Florida; (15) Port competition that would be eliminated evaluate the suitability of the proposed St. Lucie, Florida; (16) Tampa, Florida by the proposed Merger. This purchasers of the divested assets to (Hispanic); (17) Overland Park, Kansas; competition between SCI and Stewart ensure that the competitive (18) South Kansas City, Kansas/ benefits consumers in the form of lower environment that would have existed Missouri; (19) New Orleans, Louisiana; prices, improved products, and better but for the transaction is replicated by (20) West Jackson, Mississippi; (21) service. Left unremedied, the proposed the required divestitures. If SCI fails to North Kansas City, Missouri; (22) New Merger likely would cause divest the assets within the 180 day Bern, North Carolina; (23) Raleigh, anticompetitive harm by enabling SCI to time period to a Commission-approved North Carolina; (24) Columbia, South profit by unilaterally raising the prices buyer, the Consent Agreement permits Carolina; (25) Nashville, Tennessee; (26) of funeral and cemetery services, as well the Commission to appoint a divestiture Dallas, Texas; (27) Southeast Fort as reducing its incentive to improve trustee to divest the assets. Second, SCI Worth, Texas; (28) Arlington- quality and provide better service. is required to provide transitional Alexandria, Virginia; and (29) The high levels of concentration also services to the Commission-approved Washington, DC/ suburbs increase the likelihood of competitive acquirer. These transitional services will (Jewish). harm through coordinated interaction. facilitate a smooth transition of the The 30 geographic markets in which In several funeral and cemetery services assets to the acquirer, and ensure to analyze the effects of the Merger with markets, coordinated interaction or tacit continued and uninterrupted operation respect to cemetery services are: (1) collusion may be likely due to the of the assets during the transition. South San Diego, California; (2) transparency of important competitive Third, the Consent Agreement requires Jacksonville, Florida; (3) Miami-Dade information, high concentration, and SCI to remove any contractual County, Florida; (4) Ocala, Florida; (5) relatively small number of competitors. impediments that may deter the current West Orlando, Florida; (6) Port St. New entry is unlikely to deter or employees of the divested facilities from Lucie, Florida; (7) Spring Hill/Hudson, counteract the anticompetitive effects of accepting offers of employment from Florida; (8) St. Petersburg/Largo, the proposed Merger. Among other any Commission-approved acquirer and Florida; (9) Tampa, Florida; (10) Atlanta entry barriers, both heritage (the to obtain all consents necessary to (Cobb County), Georgia; (11) Atlanta consumer’s tendency to use the same transfer the required assets. The (Fairburn/College Park), Georgia; (12) funeral home or cemetery for multiple Agreement also appoints a Hold Atlanta (Henry County), Georgia; (13) generations) and reputation pose Separate Trustee to monitor SCI’s New Orleans, Louisiana; (14) Annapolis, substantial barriers to entrants compliance with the terms of the Maryland; (15) Baltimore, Maryland; attempting to establish new funeral- Agreement. Finally, the Commission (16) North Kansas City, Missouri; (17) services locations. The availability of will have an opportunity to review any South Kansas City, Kansas/Missouri; suitable land and local zoning, health, attempt by SCI to acquire any funeral or (18) High Point, North Carolina; (19) and environmental regulations cemetery services asset in any of the Raleigh, North Carolina; (20) significantly hinder the ability of firms geographic markets at issue, as well as Philadelphia, Pennsylvania; (21) to enter into new cemetery-services certain markets where any future Greenville, South Carolina; (22) locations. As a result, new entry acquisition by SCI would likely cause Kingsport, Tennessee; (23) Knoxville, sufficient to achieve a significant market substantial competitive harm. This prior Tennessee; (24) Dallas, Texas; (25) impact is unlikely to occur. notice provision has a term of ten years. The Hold Separate Order requires the South Dallas, Texas (African American); IV. The Proposed Consent Agreement (26) Southeast Fort Worth, Texas; (27) parties to maintain the viability of the Houston, Texas; (28) Northwest The proposed Consent Agreement divestiture assets as competitive Richmond, Virginia; (29) South remedies completely the operations until each facility is Richmond, Virginia; and (30) anticompetitive effects of the Merger by transferred to a Commission-approved Kearneysville, . requiring the divestiture of SCI or acquirer. After SCI acquires Stewart, the Each of the relevant funeral and Stewart funeral homes, cemeteries, and Hold Separate Order requires that SCI cemetery services markets is highly related assets in each relevant segregate the 91 locations to be divested concentrated, and the proposed Merger geographic market to a Commission- separate and apart from SCI’s own death would significantly increase market approved buyer (or buyers) within 180 services business, and maintain these concentration and eliminate substantial days of SCI acquiring Stewart. assets as independent competitive direct competition between two Specifically, the proposed Consent enterprises pending divestiture. To significant funeral and cemetery Agreement requires the divestiture of 53 facilitate this process, the Hold Separate services providers. Under the funeral-services facilities and 38 Order allows Paul A. Houston, the Herfindahl-Hirschman Index (‘‘HHI’’), cemeteries, as well as related proposed Hold Separate Trustee, to which is the standard measure of market equipment, customer and supplier appoint one or more Hold Separate concentration under the 2010 contracts, commercial trade names, and Managers to assist with the management Department of Justice and Federal Trade real property in the funeral and the daily operations of the held separate Commission Merger Guidelines, an cemetery services markets at issue in businesses in an effort to ensure acquisition is presumed to create or this transaction. The assets to be competition in the relevant geographic enhance market power or facilitate its divested include all of the associated markets. Additionally, the Hold exercise if it increases by more than 200 assets and real property necessary for a Separate Order obligates SCI to provide points and results in a post-acquisition Commission-approved buyer to sufficient working capital to the held

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separate businesses and to provide corresponds with ‘‘Information estimate of the public burden of this continued support services as needed in Collection 3090–0292, FFATA collection of information is accurate, the interim. Overall, the Hold Separate Subaward and Executive Compensation and based on valid assumptions and Order and the Consent Agreement are Reporting Requirements’’. Follow the methodology; ways to enhance the designed to safeguard competition in instructions provided at the ‘‘Submit a quality, utility, and clarity of the the provision of death care services in Comment’’ screen. Please include your information to be collected; and ways in these markets immediately post- name, company name (if any), and which we can minimize the burden of acquisition. ‘‘Information Collection 3090–0292, the collection of information on those The sole purpose of this analysis is to FFATA Subaward and Executive who are to respond, through the use of facilitate public comment on the Compensation Reporting Requirements’’ appropriate technological collection Consent Agreement. This analysis does on your attached document. techniques or other forms of information not constitute an official interpretation • Fax: 202–501–4067. technology. of the Consent Agreement or modify its • Mail: General Services C. Annual Reporting Burden terms in any way. Administration, Regulatory Secretariat By direction of the Commission. (MVCB), 1800 F Street NW., Sub-award Responses: 252,382. Washington, DC 20405. ATTN: IC 3090– Hours per Response: .5. Janice Podoll Frankle, 0292. Total Burden Hours: 126,191. Acting Secretary. Instructions: Please submit comments Executive Compensation Responses: [FR Doc. 2013–31153 Filed 12–27–13; 8:45 am] only and cite Information Collection 44,596. BILLING CODE 6750–01–P 3090–0292, FFATA Subaward and Hours per Response: 1. Executive Compensation Reporting Total Burden Hours: 44,596. Requirements, in all correspondence Obtaining Copies of Proposals: GENERAL SERVICES related to this collection. All comments Requesters may obtain a copy of the ADMINISTRATION received will be posted without change information collection documents from to http://www.regulations.gov, including the General Services Administration, [OMB Control No. 3090–0292; Docket No. 2013–0001; Sequence 12] any personal and/or business Regulatory Secretariat (MVCB), 1800 F confidential information provided. Street NW., Washington, DC 20405, Information Collection; OMB Control FOR FURTHER INFORMATION CONTACT: Mr. telephone 202–501–4755. Please cite No. 3090–0292; FFATA Subaward and Stephen Berry, Program Analyst, Office OMB Control No. 3090–0292, FFATA Executive Compensation Reporting of the Integrated Award Environment, Subaward and Executive Compensation Requirements GSA, at telephone number 703–605– Reporting Requirements, in all 2984; or via email at stephen.berry@ correspondence. AGENCY: Office of the Integrated Award gsa.gov. Environment, General Services Dated: December 18, 2013. Administration (GSA). SUPPLEMENTARY INFORMATION: Casey Coleman, Chief Information Officer. ACTION: Notice of request for comments A. Purpose regarding an extension to an existing [FR Doc. 2013–31169 Filed 12–27–13; 8:45 am] The Federal Funding Accountability OMB information collection. BILLING CODE 6820–WY–P and Transparency Act (Pub. L. 109–282, SUMMARY: Under the provisions of the as amended by section 6202(a) of P.L. Paperwork Reduction Act of 1995 (44 110–252), known as FFATA or the GENERAL SERVICES U.S.C. Chapter 35), the Regulatory Transparency Act requires information ADMINISTRATION Secretariat Division will be submitting disclosure of entities receiving Federal financial assistance through Federal [OMB Control No. 3090–0291; Docket No. to the Office of Management and Budget 2013–0001; Sequence 11] (OMB) a request to review and approve awards such as Federal contracts, sub- a renewal of the currently approved contracts, grants and sub-grants, FFATA Information Collection; FSRS information collection requirement 2(a), (2), (i), (ii). Beginning October 1, Registration Requirements for Prime regarding FFATA Subaward and 2010, the currently approved Paperwork Grant Awardees Executive Compensation Reporting Reduction Act submission directed Requirements. compliance with the Transparency Act AGENCY: Office of the Integrated Award to report prime and first-tier sub-award Environment, General Services DATES: Submit comments on or before data. Specifically, Federal agencies and Administration (GSA). February 28, 2014. prime awardees of grants were to ensure ACTION: Notice of request for comments ADDRESSES: Submit comments disclosure of executive compensation of regarding an extension to an existing identified by Information Collection both prime and subawardees and sub- OMB clearance information collection. 3090–0292, FFATA Subaward and award data pursuant to the Executive Compensation Reporting Transparency Act. This information SUMMARY: Under the provisions of the Requirements by any of the following collection requires reporting of only the Paperwork Reduction Act of 1995 (44 methods: information enumerated under the U.S.C. Chapter 35), the Regulatory • Regulations.gov: http:// Transparency Act. Secretariat Division will be submitting www.regulations.gov. to the Office of Management and Budget Submit comments via the Federal B. Public Comments (OMB) a request to review and approve eRulemaking portal by searching Public comments are particularly a renewal of the currently approved ‘‘Information Collection 3090–0292, invited on: Whether this collection of information collection requirement FFATA Subaward and Executive information is necessary for the proper regarding FSRS Registration Compensation Reporting Requirements’’ performance of functions of the FFATA Requirements for Prime Grant under the heading ‘‘Enter Keyword or Subaward and Executive Compensation Awardees. The title of the approved ID’’ and selecting ‘‘Search’’. Select the Reporting Requirements, whether it will information collection is FSRS link ‘‘Submit a Comment’’ that have practical utility; whether our Registration and Prime Awardee Entity-

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