1014-0011 30-day FR Notice

1014-0011 30-day published exp 5-15-17 [82 FR 17855].pdf

30 CFR 250, Subpart I, Platforms and Structures.

1014-0011 30-day FR Notice

OMB: 1014-0011

Document [pdf]
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Federal Register / Vol. 82, No. 70 / Thursday, April 13, 2017 / Notices
the quality, usefulness, and clarity of
the information to be collected; and (d)
minimize the burden on the
respondents, including the use of
technology.
To comply with the public
consultation process, on September 22,
2016, BSEE published a Federal
Register notice (81 FR 65403)
announcing that we would submit this
ICR to OMB for approval. The notice
provided the required 60-day comment
period. In addition, § 291.1 provides the
OMB Control Number for the
information collection requirements
imposed by the 30 CFR part 291
regulations. The regulation also informs
the public that they may comment at
any time on the collections of
information and provides the address to
which they should send comments. We
received one comment in response to
the Federal Register notice; however, it
was not germane to this collection.
Public Availability of Comments:
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
BSEE Information Collection
Clearance Officer: Nicole Mason, 703–
787–1607.
Authority: The authorities for this action
are the Outer Continental Shelf (OCS) Lands
Act (43 U.S.C. 1334), and the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501, et
seq.).
Dated: February 28, 2017.
Eric Miller,
Acting Deputy Chief, Office of Offshore
Regulatory Programs.
[FR Doc. 2017–07475 Filed 4–12–17; 8:45 am]
BILLING CODE 4310–VH–P

DEPARTMENT OF THE INTERIOR

To comply with the
Paperwork Reduction Act of 1995
(PRA), the Bureau of Safety and
Environmental Enforcement (BSEE) is
notifying the public that we have
submitted to the Office of Management
and Budget (OMB) an information
collection request (ICR) to renew
approval of the paperwork requirements
in the regulations under subpart I,
Platforms and Structures. This notice
also provides the public a second
opportunity to comment on the revised
paperwork burden of these regulatory
requirements.

SUMMARY:

You must submit comments by
May 15, 2017.
ADDRESSES: Submit comments by either
fax (202) 395–5806 or email (OIRA_
[email protected]) directly to
the Office of Information and Regulatory
Affairs, OMB, Attention: Desk Officer
for the Department of the Interior (1014–
0011). Please provide a copy of your
comments to BSEE by any of the means
below.
• Electronically: Go to http://
www.regulations.gov. In the Search box,
enter BSEE–2016–0014 then click
search. Follow the instructions to
submit public comments and view all
related materials. We will post all
comments.
• Email [email protected], fax
(703) 787–1546, or mail or hand-carry
comments to the Department of the
Interior; Bureau of Safety and
Environmental Enforcement;
Regulations and Standards Branch;
ATTN: Nicole Mason; 45600 Woodland
Road, Sterling, VA 20166. Please
reference ICR 1014–0011 in your
comment and include your name and
return address.
FOR FURTHER INFORMATION CONTACT:
Nicole Mason, Regulations and
Standards Branch, (703) 787–1607, to
request additional information about
this ICR. To see a copy of the entire ICR
submitted to OMB, go to http://
www.reginfo.gov (select Information
Collection Review, Currently Under
Review).
DATES:

SUPPLEMENTARY INFORMATION:

asabaliauskas on DSK3SPTVN1PROD with NOTICES

Bureau of Safety and Environmental
Enforcement
[Docket ID BSEE–2016–0014; OMB Control
Number 1014–0011; 17XE1700DX
EEEE500000 EX1SF0000.DAQ000]

Information Collection Activities:
Platforms and Structures; Submitted
for Office of Management and Budget
Review; Comment Request
ACTION:

30-Day notice.

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Title: 30 CFR 250, subpart I, Platforms
and Structures.
OMB Control Number: 1014–0011.
Abstract: The Outer Continental Shelf
(OCS) Lands Act (OCSLA) at 43 U.S.C.
1334 authorizes the Secretary of the
Interior to prescribe rules and
regulations necessary for the
administration of the leasing provisions
of that Act related to mineral resources
on the OCS. Such rules and regulations
will apply to all operations conducted
under a lease, right-of-way, or a right-of-

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17855

use and easement. Operations on the
OCS must preserve, protect, and
develop oil and natural gas resources in
a manner that is consistent with the
need to make such resources available
to meet the Nation’s energy needs as
rapidly as possible; to balance orderly
energy resource development with
protection of human, marine, and
coastal environments; to ensure the
public a fair and equitable return on the
resources of the OCS; and to preserve
and maintain free enterprise
competition.
In addition to the general rulemaking
authority of the OCSLA at 43 U.S.C.
1334, section 301(a) of the Federal Oil
and Gas Royalty Management Act
(FOGRMA), 30 U.S.C. 1751(a), grants
authority to the Secretary to prescribe
such rules and regulations as are
reasonably necessary to carry out
FOGRMA’s provisions. While the
majority of FOGRMA is directed to
royalty collection and enforcement,
some provisions apply to offshore
operations. For example, section 108 of
FOGRMA, 30 U.S.C. 1718, grants the
Secretary broad authority to inspect
lease sites for the purpose of
determining whether there is
compliance with the mineral leasing
laws. Section 109(c)(2) and (d)(1), 30
U.S.C. 1719(c)(2) and (d)(1), impose
substantial civil penalties for failure to
permit lawful inspections and for
knowing or willful preparation or
submission of false, inaccurate, or
misleading reports, records, or other
information. Because the Secretary has
delegated some of the authority under
FOGRMA to the Bureau of Safety and
Environmental Enforcement (BSEE), 30
U.S.C. 1751 is included as additional
authority for these requirements.
The Independent Offices
Appropriations Act (31 U.S.C. 9701), the
Omnibus Appropriations Bill (Pub. L.
104–133, 110 Stat. 1321, April 26,
1996), and OMB Circular A–25,
authorize Federal agencies to recover
the full cost of services that confer
special benefits. Under the Department
of the Interior’s implementing policy,
BSEE is required to charge fees for
services that provide special benefits or
privileges to an identifiable non-Federal
recipient above and beyond those which
accrue to the public at large. Various
applications and reports for Platform
Verification Program, fixed structure,
Caisson/Well Protector, and
modification repairs are subject to cost
recovery, and BSEE regulations specify
service fees for these requests
(§ 250.125).
On November 2, 2015, the President
signed into law the Federal Civil
Penalties Inflation Adjustment Act

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Federal Register / Vol. 82, No. 70 / Thursday, April 13, 2017 / Notices

Improvements Act of 2015 (Sec. 701 of
Pub. L. 114–74) (FCPIA of 2015). The
OCSLA directs the Secretary of the
Interior to adjust the OCSLA maximum
civil penalty amount at least once every
three years to reflect any increase in the
Consumer Price Index (CPI) to account
for inflation (43 U.S.C. 1350(b)(1)). The
FCPIA of 2015 requires Federal agencies
to adjust the level of civil monetary
penalties with an initial ‘‘catch-up’’
adjustment, if warranted, through
rulemaking and then to make
subsequent annual adjustments for
inflation. The purpose of these
adjustments is to maintain the deterrent
effect of civil penalties and to further
the policy goals of the underlying
statutes.
These authorities and responsibilities
are among those delegated to BSEE. The
regulations at 30 CFR 250, subpart I,
pertain to Platforms and Structures and
are the subject of this collection. This
request also covers the related Notices
to Lessees and Operators (NTLs) that
BSEE issues to clarify, supplement, or
provide additional guidance on some
aspects of our regulations.
While most responses are mandatory,
some are required to obtain or retain a
benefit. No questions of a sensitive
nature are asked. The BSEE will protect

any confidential commercial or
proprietary information according to the
Freedom of Information Act (5 U.S.C.
552) and DOI’s implementing
regulations (43 CFR 2); section 26 of
OCSLA (43 U.S.C. 1352); 30 CFR
250.197, Data and information to be
made available to the public or for
limited inspection; and 30 CFR part 252,
OCS Oil and Gas Information Program.
The BSEE uses the information
submitted under subpart I to determine
the structural integrity of all OCS
platforms and floating production
facilities and to ensure that such
integrity will be maintained throughout
the useful life of these structures. We
use the information to ascertain, on a
case-by-case basis, that the fixed and
floating platforms and structures are
structurally sound and safe for their
intended use to ensure safety of
personnel and prevent pollution. More
specifically, we use the information to:
• Review data concerning damage to
a platform to assess the adequacy of
proposed repairs.
• Review applications for platform
construction (construction is divided
into three phases—design, fabrication,
and installation) to ensure the structural
integrity of the platform.

• Review verification plans and thirdparty reports for unique platforms to
ensure that all nonstandard situations
are given proper consideration during
the platform design, fabrication, and
installation.
• Review platform design, fabrication,
and installation records to ensure that
the platform is constructed according to
approved applications.
• Review inspection reports to ensure
that platform integrity is maintained for
the life of the platform.
Frequency: On occasion, as a result of
situations encountered; and annually.
Description of Respondents: Potential
respondents include Federal OCS oil,
gas, or sulfur lessees and/or operators.
Estimated Reporting and
Recordkeeping Hour Burden: The
estimated annual hour burden for this
information collection is a total of
92,786 hours and $988,210 non-hour
costs. The following chart details the
individual components and estimated
hour burdens. In calculating the
burdens, we assumed that respondents
perform certain requirements in the
normal course of their activities. We
consider these to be usual and
customary and took that into account in
estimating the burden.

BURDEN BREAKDOWN
Citation 30 CFR 250
subpart I and related
NTLs

Reporting and/or recordkeeping requirement *

Average number of
annual reponses

Hour burden

Annual
burden hours

Non-hour cost burdens

asabaliauskas on DSK3SPTVN1PROD with NOTICES

General Requirements for Platforms
900 thru 921 ..................

General departure and alternative compliance
requests not specifically covered elsewhere
in subpart I regulations.

900(b), (c), (e); 901(b);
905; 906; 910(c), (d);
911(c), (g); 912; 913;
919; NTL(s).
[PAP 904–908; PVP
909–918].

Submit application, along with reports/surveys
and relevant data, to install new platform or
floating production facility or significant
changes to approved applications, including
but not limited to: Summary of safety factors
utilized in design of the platform; use of alternative codes, rules, or standards; CVA
changes; and Platform Verification Program
(PVP) plan for design, fabrication, and installation of new, fixed, bottom-founded, pile-supported, or concrete-gravity platforms and new
floating platforms. Consult as required with
BSEE and/or USCG. Re/Submit application
for major modification(s)/repairs to any platform and obtain approval; and related requirements.

Burden covered under 30 CFR 250, subpart A,
1014–0022.
552 ...............................

43 applications .............

$22,734 × 2 PVP = $45,468
$3,256 × 5 fixed structure = $16,280
$1,657 × 6 Caisson/Well Protector = $9,942
$3,884 × 30 modifications/repairs = $116,520

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23,736

Federal Register / Vol. 82, No. 70 / Thursday, April 13, 2017 / Notices

17857

BURDEN BREAKDOWN—Continued
Citation 30 CFR 250
subpart I and related
NTLs

Reporting and/or recordkeeping requirement *

Average number of
annual reponses

Hour burden

Annual
burden hours

Non-hour cost burdens
900(b)(4) ........................

Submit application for approval to convert an
existing platform for a new purpose.

66 .................................

2 applications ...............

132

900(b)(5) ........................

Submit application for approval to convert an
existing mobile offshore drilling unit (MODU)
for a new purpose.

37 .................................

1 application .................

37

900(c) ............................

Notify BSEE within 24 hours of damage and
emergency repairs and request approval of
repairs. Submit written completion report
within 1 week upon completion of repairs.

5 ...................................

1 notices/requests; reports.

9 ...................................

5

9

900(e) ............................

Submit platform installation date and the final
as-built location data to the Regional Supervisor within 45 days after platform installation.

13 .................................

13 submittals ................

169

900(e) ............................

Resubmit an application for approval to install a
platform if it was not installed within 1 year
after approval (or other date specified by
BSEE).

42 .................................

1 application .................

42

901(b) ............................

Request approval for alternative codes, rules,
or standards.

903 ................................

Record original and relevant material test results of all primary structural materials; retain
records during all stages of construction.
Compile, retain, and provide location/make
available to BSEE for the functional life of
platform, the as-built drawings, design assumptions/analyses,
summary
of
nondestructive examination records, inspection
results, and records of repair not covered
elsewhere.

903(c); 905(k) ................

Submit certification statement [a certification
statement is not considered information collection under 5 CFR 1320.3(h)(1); the burden
is for the insertion of the location of the
records on the statement and the submittal to
BSEE].

Burden covered under 30 CFR 250, subpart A,
1014–0022
247 ...............................

115 lessees ..................

This statement is submitted with the application.

0
28,405

0

Platform Verification Program
911(c–e); 912(a–c); 914

Submit complete schedule of all phases of design, fabrication, and installation with required
information; also submit Gantt Chart with required information and required nomination/
documentation for CVA, or to be performed
by CVA.

97 .................................

2 schedules ..................

194

asabaliauskas on DSK3SPTVN1PROD with NOTICES

$400,000 × 2 = $800,000 CVA costs.
912(a) ............................

Submit design verification plans with your DPP
or DOCD.

913(a) ............................

Resubmit a changed design, fabrication, or installation verification plan for approval.

28 .................................

2 plans .........................

56

916(c) ............................

Submit interim and final CVA reports and recommendations on design phase.

168 ...............................

16 reports .....................

2,688

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Burden covered under 30 CFR 550, subpart B,
1010–0151

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Federal Register / Vol. 82, No. 70 / Thursday, April 13, 2017 / Notices
BURDEN BREAKDOWN—Continued

Citation 30 CFR 250
subpart I and related
NTLs

Reporting and/or recordkeeping requirement *

Average number of
annual reponses

Hour burden

Annual
burden hours

Non-hour cost burdens
917(a), (c) ......................

Submit interim and final CVA reports and recommendations on fabrication phase, including
notices to BSEE and operator/lessee of fabrication procedure changes or design specification modifications.

180 ...............................

12 reports .....................

2,160

918(c) ............................

Submit interim and final CVA reports and recommendations on installation phase.

79 .................................

8 reports .......................

632

Inspection, Maintenance, and Assessment of Platforms
919(a) ............................

Develop in-service inspection plan and keep on
file. Submit annual (November 1 of each
year) report on inspection of platforms or
floating production facilities, including summary of testing results.

280 ...............................

117 lessees ..................

32,760

919(b) NTL ....................

After an environmental event, submit to Regional Supervisor initial report followed by updates and supporting information.

37 (initial) .....................
24 (update) ...................

1 reports .......................
1 reports .......................

37
24

919(c) NTL ....................

Submit results of inspections, description of any
damage, assessment of structure to withstand conditions, and remediation plans.

104 ...............................

1 result .........................

104

920(a) ............................

Demonstrate platform is able to withstand environmental loadings for appropriate exposure
category.

81 .................................

1 occurrence ................

81

920(c) ............................

Submit application and obtain approval from the
Regional Supervisor for mitigation actions (includes operational procedures).

87 .................................

1 application .................

87

920(e) ............................

Submit a list of all platforms you operate, and
appropriate supporting data, every 5 years or
as directed by the Regional Supervisor.

60 .................................

115 operators/5 years =
23 lists per year.

1,380

920(f) .............................

Obtain approval from the Regional Supervisor
for any change in the platform.

48 .................................

1 approval ....................

48

Total Burden ..........

.............................................................................

......................................

362 Responses ............

92,786

$988,210 Non-Hour Cost Burdens

asabaliauskas on DSK3SPTVN1PROD with NOTICES

* In the future, BSEE will be allowing the option of electronic reporting for certain requirements.

Estimated Reporting and
Recordkeeping Non-Hour Cost Burden:
We have identified non-hour cost
burdens for various platform
applications/installations that are
associated with service fees (§ 250.125).
The service fees are as follows: (1)
$22,734 for installation under the
Platform Verification Program; (2)
$3,256 for installation of fixed
structures under the Platform Approval
Program; (3) $1,657 for installation of
Caisson/Well Protectors; and (4) $3,884
for modifications and/or repairs. We
also identified $400,000 associated with
using Certified Verification Agents in
the Platform Verification Program. We
have not identified any other non-hour
cost burdens associated with this

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collection of information, and we
estimate a total annual reporting nonhour cost burden of $988,210.
Public Disclosure Statement: The PRA
(44 U.S.C. 3501, et seq.,) provides that
an agency may not conduct or sponsor
a collection of information unless it
displays a currently valid OMB control
number. Until OMB approves a
collection of information, you are not
obligated to respond.
Comments: Section 3506(c)(2)(A) of
the PRA (44 U.S.C. 3501, et seq.,)
requires each agency ‘‘. . . to provide
notice . . . and otherwise consult with
members of the public and affected
agencies concerning each proposed
collection of information . . .’’ Agencies
must specifically solicit comments to:

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(a) Evaluate whether the collection is
necessary or useful; (b) evaluate the
accuracy of the burden of the proposed
collection of information; (c) enhance
the quality, usefulness, and clarity of
the information to be collected; and (d)
minimize the burden on the
respondents, including the use of
technology.
To comply with the public
consultation process, on September 22,
2016, we published a Federal Register
notice (81 FR 65395) announcing that
we would submit this ICR to OMB for
approval. The notice provided the
required 60-day comment period. In
addition, § 250.199 provides the OMB
Control Number for the information
collection requirements imposed by the

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Federal Register / Vol. 82, No. 70 / Thursday, April 13, 2017 / Notices
30 CFR 250, subpart I regulations. The
regulation also informs the public that
they may comment at any time on the
collections of information and provides
the address to which they should send
comments. We received no comments in
response to the Federal Register notice,
nor did we receive any unsolicited
comments.
Public Availability of Comments:
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Information Collection Clearance
Officer: Nicole Mason, (703) 787–1607.
Dated: February 15, 2017.
Eric Miller,
Acting Deputy Chief, Office of Offshore
Regulatory Programs.
[FR Doc. 2017–07479 Filed 4–12–17; 8:45 am]
BILLING CODE 4310–VH–P

INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–988]

Certain Pumping Bras: Issuance of a
General Exclusion Order; Termination
of the Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:

Notice is hereby given that
the U.S. International Trade
Commission has issued a general
exclusion order (GEO) denying entry of
certain pumping bras. The investigation
is terminated.
FOR FURTHER INFORMATION CONTACT:
Cathy Chen, Esq., Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
205–2392. Copies of non-confidential
documents filed in connection with this
investigation are or will be available for
inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the
Office of the Secretary, U.S.
International Trade Commission, 500 E
Street SW., Washington, DC 20436,
telephone (202) 205–2000. General
information concerning the Commission
may also be obtained by accessing its
Internet server at https://www.usitc.gov.
The public record for this investigation

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SUMMARY:

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may be viewed on the Commission’s
electronic docket (EDIS) at https://
edis.usitc.gov. Hearing-impaired
persons are advised that information on
this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on March 14, 2016, based on a
complaint filed on behalf of Simple
Wishes, LLC (‘‘Simple Wishes’’) of
Sacramento, California. 81 FR 13419–20
(Mar. 14, 2016). The complaint alleges
violations of section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, by reason of infringement of
certain claims of U.S. Patent Nos.
8,192,247 (‘‘the ’247 patent’’) and
8,323,070 (‘‘the ’070 patent’’). The
complaint further alleges that a
domestic industry exists. The
Commission’s notice of investigation
named Buywish, TANZKY, BabyPreg,
and Deal Perfect, all of China, as
respondents. Simple Wishes asserted
the ’247 patent only against respondent
Buywish. The Office of Unfair Import
Investigations (OUII) is also a party to
the investigation.
The Commission previously
determined not to review an initial
determination finding respondents
TANZKY, BabyPreg, and Deal Perfect in
default pursuant to 19 CFR 210.16 and
210.17. See Commission Notice (Jul. 8,
2016); Order No. 8. The Commission
also previously determined not to
review an initial determination
terminating the investigation as to the
last remaining respondent, Buywish,
based on withdrawal of the complaint.
See Commission Notice (Aug. 9, 2016);
Order No. 9. As a result of the
termination of the investigation as to
Buywish, the ’247 patent is no longer at
issue in this investigation.
On August 30, 2016, Simple Wishes
filed a motion for summary
determination on domestic industry and
violation of section 337 by the
defaulting respondents. On October 31,
2016, the ALJ issued an ID (Order No.
11) granting Simple Wishes’ motion for
summary determination and
recommending that the Commission
issue a GEO and set a bond of 100
percent during the Presidential review
period. On December 14, 2016, the
Commission determined to review the
ID in-part, and on review, to modify the
ID to set aside the patent and trademark
prosecution and maintenance expenses
from the domestic industry analysis. See
81 FR 92852–53 (Dec. 20, 2016). The
Commission’s determination resulted in
a finding of a section 337 violation. See
id. The Commission requested written

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submissions on remedy, the public
interest, and bonding. See id.
On January 3, 2017, Simple Wishes
submitted a brief on remedy, the public
interest, and bonding, requesting that
the Commission issue a GEO and set a
bond of 100 percent during the
Presidential review period. On January
4, 2017, the Commission Investigative
Attorney (‘‘IA’’) also submitted a brief
on remedy, the public interest, and
bonding, supporting the ALJ’s
recommended GEO and bond of 100
percent. The IA further filed a response
brief on January 11, 2017.
The Commission finds that the
statutory requirements for relief under
section 337(g)(2) and section 337(d)(2)
(19 U.S.C. 1337(g)(2) and 1337(d)(2)) are
met with respect to the defaulting
respondents. In addition, the
Commission finds that the public
interest factors enumerated in section
337(d)(1) (19 U.S.C. 1337(d)(1)) do not
preclude issuance of the statutory relief.
The Commission has determined that
the appropriate remedy in this
investigation is a GEO prohibiting the
unlicensed entry of certain pumping
bras that infringe one or more of claims
10, 12, 14, and 27–37 of the ’070 patent.
The Commission has also determined
that the bond during the period of
Presidential review pursuant to 19
U.S.C. 1337(j) shall be in the amount of
100 percent of the entered value of the
imported articles that are subject to the
GEO. The Commission’s order was
delivered to the President and to the
United States Trade Representative on
the day of its issuance.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, and in part
210 of the Commission’s Rules of
Practice and Procedure, 19 CFR part
210.
By order of the Commission.
Issued: April 7, 2017.
Katherine M. Hiner,
Acting Supervisory Attorney.
[FR Doc. 2017–07450 Filed 4–12–17; 8:45 am]
BILLING CODE 7020–02–P

DEPARTMENT OF JUSTICE
Antitrust Division
United States v. DIRECTV Group
Holdings, LLC, and AT&T, Inc.,
Proposed Final Judgment and
Competitive Impact Statement
Notice is hereby given pursuant to the
Antitrust Procedures and Penalties Act,
15 U.S.C. § 16(b)–(h), that a proposed

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