HeinOnline -- 54 Fed. Reg. 21425 1989

Federal Register I Vol. 54, No. 95 I Thursday, May 18, 1989 I Rules and Regulations 21425

SUPPLEMENTARY INFORMATION:

History

On March 1. 1989, the FAA proposedto amend Part 71 of the Federal AviationRegulations (14 CFR Part 71) todesignate the Huntingdon, TN. transitionarea (54 FR 8553). This notice proposedto lower the base-of controlled airspacefrom 1,200 feet to 700 feet above thesurface in the vicinity of the CarrollCounty Airport. A SlAP has beendeveloped for the airport. The additionalcontrolled airspace is required forprotection of IFR aeronauticaloperations. If approved, concurrent withpublication of the SlAP. the operatingstatus of the airport will be changedfrom VFR to IFR. Interested parties wereinvited to participate in this rulemakingproceeding by submitting writtencomments on the proposal to the FAA.No comments objecting to the proposalwere received. Section 71.181 of Part 71of the Federal Aviation Regulations wasrepublished in FAA handbook 7400.6Edated January 3, 1989.

The Rule

This amendment to Part 71 of theFederal Aviation Regulations designatesthe Huntingdon, TN. transition area. Thebase of controlled airspace will belowered from 1.200 feet to 700 feet abovethe surface in the vicinity of CarrollCounty Airport. The additionalcontrolled airspace is required forprotection of IFR aeronauticaloperations.

The FAA has determined that thisregulation only involves an establishedbody of technical regulations for whichfrequent and routine amendments arenecessary to keep them operationallycurrent. It, therefore, (1) is not a "majorrule" under Executive Order 12291; (2) isnot a "significant rule" under DOTRegulatory Policies and Procedures (44FR 11034; February 26, 1979); and (3)does not warrant preparation of aregulatory evaluation as the anticipatedimpact is so minimal. Since this is aroutine matter that will only affect airtraffic procedures and air navigation, itis certified that this rule will not have asignificant economic impact on asubstantial number of small entitiesunder the criteria of the RegulatoryFlexibility Act.

List of Subjects in 14 CFR Part 71

Aviation safety. Tr~nsition area.

Accordingly, pursuant to the authoritydelegated to me, Part 71 of the FederalAviation Regulations (14 CFR Part 71) isamended, as follows:

Adoption of The Amendment

PART71-DESIG~IATIONOF FEDERALAIRWAYS, AREA LOW ROUTES,CONTROLLED AIRSPACE, ANDREPORTING POINTS

1. The authority citation for Part 71continues to read as follows:

Authority: 49 U.S.C. 1348(a), 1354(a). 1510;Executive Order 10854; 49 U.S.C. lO6{g)(Revised Pub. L. 97-449, January 12. 1983); 14CFR 11.69.

§71.181 [Amendedl2. Section 71.181 is amended as

follows:

Huntingdon, TN (New)

That airspace extending upward from 700feet above the surface within a 7-mile radiusof the Carroll County Airport (Lat. 36'05'23"N, Long. 88'27'45"W); within 3.5 miles eachside of the 186' bearing from the HuntingdonNOB (Lat. 36'05'17" N. Long. 88'28'10" WI.extending from the 7-mile radius area to 10miles south of the NOB.

Issued in East Point. Georgia. on May 3,1989.

William D. Wood,Acting Manager, Air Traffic Division,Southern Region.[FR Doc. ~11858 Filed 5-17-89; 8:45 am]BILUNG CODE 411o-13-U

FEDERAL TRADE COMMISSION

16 CFR Part 803

Premerger Notification; Reporting andWaiting Period Requirements

AGENCY: Federal Trade Commission.ACTION: Interim Rule with Request forComments.

SUMMARY: This interim rule amends thepremerger notification rules that requirethe parties to certain mergers oracquisitions to file reports with theFederal Trade Commission ("theCommission") and the AssistantAttorney General in charge of theAntitrust Division of the Department ofJustice ("the Assistant AttorneyGeneral"). and to wait a specified periodof time before consummating suchtransactions. The reporting and waitingperiod requirements are intended toenable these enforcement agencies todetermine whether a proposed merger oracquisition may violate the antitrustlaws if consummated and, whenappropriate. to seek a preliminaryinjunction in federal court to preventconsummation. This interim rule codifiesthe practices of the Federal TradeCommission that make publicadministrative grants of earlytermination of the waiting period

through means other than publication inthe Federal Register.DATE: The interim rule is effective onJune 19. 1989. The Commission will,however. accept comments on therevised rule that are received on orbefore June 19. 1989. and may reevaluatethe rule in light of those comments.ADDRESSES: Written comments shouldbe submitted to both (1) the Secretary,Federal Trade Commission, Room 159,Washington, DC 20580, and (2) theAssistant Attorney General. AntitrustDivision. Department of Justice, Room3214, Washington, DC 20530.

FOR FURTHER INFORMATION CONTACT:Thomas F. Hancock. Attorney,Premerger Notification Office, Bureau ofCompetition. Room 303, Federal TradeCommission, Washington. DC 20580.Telephone: (202) 326-3100.

SUPPLEMENTARY lNFORMATION:

Regulatory Flexibility Act

This amendment to the Hart-Scott­Rodino premerger notification rules ispurely technical relating to theprocedures the Commission and theAssistant Attorney General will use tomake public information about theirdecisions not to take enforcement actionduring the waiting period provided insection 7A(b) of the Clayton Act. Thisamendment does not affect thesubstantive obligations of personssubject to the act's notificationrequirement.

This amendment is not subject tonotice and comment under theAdministrative Procedure Act. 5 U.S.C.553(b)(A}. The requirements of theRegulatory Flexibility Act also do notapply. 5 U.S.C. 601(2).

Paperwork Reduction Act

The Hart-Scott-Rodino PremergerNotification rules and report formcontain information collectionrequirements as defined by thePaperwork Reduction Act. 44 U.S.C.3501-3518. These requirements werereviewed and approved by the Office ofManagement and Budget (OMB ControlNo. 3084-0005). Because this amendmentwould not affect the informationcollection requirement of the premergernotification program. the amendmenthas not been submitted to OMB forreview under setion 3504(h) of thePaperwork Reduction Act.

Background

Section 7A of the Clayton Act ("theact"), 15 U.S.C. 18a, as added bysections 201 and 202 of the Hart-Scott­Rodino Antitrust Improvements Act of1976. requires persons contemplating

Federal Register I Vol. 54, No. 95 I Thursday, May 18, 1989 I Rules and Regulations 21425

SUPPLEMENTARY INFORMATION:

History

On March 1. 1989, the FAA proposedto amend Part 71 of the Federal AviationRegulations (14 CFR Part 71) todesignate the Huntingdon, TN. transitionarea (54 FR 8553). This notice proposedto lower the base-of controlled airspacefrom 1,200 feet to 700 feet above thesurface in the vicinity of the CarrollCounty Airport. A SlAP has beendeveloped for the airport. The additionalcontrolled airspace is required forprotection of IFR aeronauticaloperations. If approved, concurrent withpublication of the SlAP. the operatingstatus of the airport will be changedfrom VFR to IFR. Interested parties wereinvited to participate in this rulemakingproceeding by submitting writtencomments on the proposal to the FAA.No comments objecting to the proposalwere received. Section 71.181 of Part 71of the Federal Aviation Regulations wasrepublished in FAA handbook 7400.6Edated January 3, 1989.

The Rule

This amendment to Part 71 of theFederal Aviation Regulations designatesthe Huntingdon, TN. transition area. Thebase of controlled airspace will belowered from 1.200 feet to 700 feet abovethe surface in the vicinity of CarrollCounty Airport. The additionalcontrolled airspace is required forprotection of IFR aeronauticaloperations.

The FAA has determined that thisregulation only involves an establishedbody of technical regulations for whichfrequent and routine amendments arenecessary to keep them operationallycurrent. It, therefore, (1) is not a "majorrule" under Executive Order 12291; (2) isnot a "significant rule" under DOTRegulatory Policies and Procedures (44FR 11034; February 26, 1979); and (3)does not warrant preparation of aregulatory evaluation as the anticipatedimpact is so minimal. Since this is aroutine matter that will only affect airtraffic procedures and air navigation, itis certified that this rule will not have asignificant economic impact on asubstantial number of small entitiesunder the criteria of the RegulatoryFlexibility Act.

List of Subjects in 14 CFR Part 71

Aviation safety. Tr~nsition area.

Accordingly, pursuant to the authoritydelegated to me, Part 71 of the FederalAviation Regulations (14 CFR Part 71) isamended, as follows:

Adoption of The Amendment

PART71-DESIG~IATIONOF FEDERALAIRWAYS, AREA LOW ROUTES,CONTROLLED AIRSPACE, ANDREPORTING POINTS

1. The authority citation for Part 71continues to read as follows:

Authority: 49 U.S.C. 1348(a), 1354(a). 1510;Executive Order 10854; 49 U.S.C. lO6{g)(Revised Pub. L. 97-449, January 12. 1983); 14CFR 11.69.

§71.181 [Amendedl2. Section 71.181 is amended as

follows:

Huntingdon, TN (New)

That airspace extending upward from 700feet above the surface within a 7-mile radiusof the Carroll County Airport (Lat. 36'05'23"N, Long. 88'27'45"W); within 3.5 miles eachside of the 186' bearing from the HuntingdonNOB (Lat. 36'05'17" N. Long. 88'28'10" WI.extending from the 7-mile radius area to 10miles south of the NOB.

Issued in East Point. Georgia. on May 3,1989.

William D. Wood,Acting Manager, Air Traffic Division,Southern Region.[FR Doc. ~11858 Filed 5-17-89; 8:45 am]BILUNG CODE 411o-13-U

FEDERAL TRADE COMMISSION

16 CFR Part 803

Premerger Notification; Reporting andWaiting Period Requirements

AGENCY: Federal Trade Commission.ACTION: Interim Rule with Request forComments.

SUMMARY: This interim rule amends thepremerger notification rules that requirethe parties to certain mergers oracquisitions to file reports with theFederal Trade Commission ("theCommission") and the AssistantAttorney General in charge of theAntitrust Division of the Department ofJustice ("the Assistant AttorneyGeneral"). and to wait a specified periodof time before consummating suchtransactions. The reporting and waitingperiod requirements are intended toenable these enforcement agencies todetermine whether a proposed merger oracquisition may violate the antitrustlaws if consummated and, whenappropriate. to seek a preliminaryinjunction in federal court to preventconsummation. This interim rule codifiesthe practices of the Federal TradeCommission that make publicadministrative grants of earlytermination of the waiting period

through means other than publication inthe Federal Register.DATE: The interim rule is effective onJune 19. 1989. The Commission will,however. accept comments on therevised rule that are received on orbefore June 19. 1989. and may reevaluatethe rule in light of those comments.ADDRESSES: Written comments shouldbe submitted to both (1) the Secretary,Federal Trade Commission, Room 159,Washington, DC 20580, and (2) theAssistant Attorney General. AntitrustDivision. Department of Justice, Room3214, Washington, DC 20530.

FOR FURTHER INFORMATION CONTACT:Thomas F. Hancock. Attorney,Premerger Notification Office, Bureau ofCompetition. Room 303, Federal TradeCommission, Washington. DC 20580.Telephone: (202) 326-3100.

SUPPLEMENTARY lNFORMATION:

Regulatory Flexibility Act

This amendment to the Hart-Scott­Rodino premerger notification rules ispurely technical relating to theprocedures the Commission and theAssistant Attorney General will use tomake public information about theirdecisions not to take enforcement actionduring the waiting period provided insection 7A(b) of the Clayton Act. Thisamendment does not affect thesubstantive obligations of personssubject to the act's notificationrequirement.

This amendment is not subject tonotice and comment under theAdministrative Procedure Act. 5 U.S.C.553(b)(A}. The requirements of theRegulatory Flexibility Act also do notapply. 5 U.S.C. 601(2).

Paperwork Reduction Act

The Hart-Scott-Rodino PremergerNotification rules and report formcontain information collectionrequirements as defined by thePaperwork Reduction Act. 44 U.S.C.3501-3518. These requirements werereviewed and approved by the Office ofManagement and Budget (OMB ControlNo. 3084-0005). Because this amendmentwould not affect the informationcollection requirement of the premergernotification program. the amendmenthas not been submitted to OMB forreview under setion 3504(h) of thePaperwork Reduction Act.

Background

Section 7A of the Clayton Act ("theact"), 15 U.S.C. 18a, as added bysections 201 and 202 of the Hart-Scott­Rodino Antitrust Improvements Act of1976. requires persons contemplating

HeinOnline -- 54 Fed. Reg. 21426 1989

21426 Federal Register / Vol. 54, No. 95 / Thursday, May 18, 1989 / Rules and Regulations

certain acquisitions of assets or votingsecurities to give advance notice to theCommission and the Assistant AttorneyGeneral and to wait certain designatedperiods before the consummation ofsuch acquisitions. The transactions towhich the advance notice requirement isapplicable and the length of the waitingperiod required are set out respectivelyin subsections (a) and (b) of section 7A.

Subsection 7A(d)(l) of the act, 15U.S.C. 18a(d)(l), directs the Commission,with the concurrence of the AssistantAttorney General, in accordance with 5U.S.C., 553, to require that thenotification be in such form and containsuch information and documentarymaterial as may be necessary andappropriate to determine whether theproposed transaction may, ifconsummated, violate the antitrust laws.Subsection 7A(d)(2) of the act, 15 U.S.C.18a(d)(2), grants the Commission, withthe concurrence of the AssistantAttorney General, in accordance with 5U.S.C. 553, the authority (A) to definethe terms used in the act, (B) to exemptadditional persons or transactions fromthe act's notification and waiting periodrequirements, and (C) to prescribe suchother rules as may be necessary andappropriate to carry out the purposes ofsection 7A.

On July 31, 1978, the Commission,with the concurrence of the AssistantAttorney General, promulgated finalpremerger notification rules pursuant tosubsections 7A(d)(l) and (2). See 43 FR33451. The rules have been modifiedseveral times since they were firstpromulgated. The rules are divided intothree parts, which appear at 16 CFRParts 801, 802, and 803. Part 801 definesa number of the terms used in the actand rules, and explains whichacquisitions are subject to the reportingand waiting period requirements. Part802 contains a number of exemptionsfrom these requirements. Part 803explains the procedures for complyingwith the act. The Notification andReport Form, which is completed bypersons required to file notification, isan appendix to Part 803 of the rules.

Statement of basis and Purpose for theCommission's Revision of Its PremergerNotification Rules

The Commission has long had apractice of making public theenforcement agencies' decisions to grantearly termination of the Hart-Scott­Rodino waiting period both formally inthe Federal Register and informally overthe phone and through the Commission'sPublic Reference Section. Recently, itcame to the Commission's attention thatpersons could profit because of theirknowledge and use of these practices to

obtain information about earlyterminations to the detriment of otherinvestors who were not aware that theinformation was available. This revisionof § 803.11(c) of the premergernotification rules, 16 CFR 803.11(c),codifies the Commission's informalprocedure and provides notice to thepublic that the procedure exists.

Section 7A(a) of the act provides thatpersons of a specified sizecontemplating acquisitions of a specifiedsize must file notification with theantitrust enforcement agencies and waita designated period of time beforeconsummating. The waiting period,designated in section 7A(b)(l) of the act,generally begins when both parties tothe transaction file notification and endsthirty days later. Section 7A(b)(2) of theact empowers the Commission and theAssistant Attorney General to terminatethe waiting period provided by section7A(b)(1) of the act in particulartransactions before it would otherwiseexpire. 15 U.S.C. 18a(b)(2). The actfurther specifies that when partiesreceive early termination of the waitingperiod the Commission and theAssistant Attorney General "promptlyshall cause to be published in theFederal Register a notice that neitherintends to take any action within suchperiod with respect to such acquisition."Id. When the Commission promulgatedthe premerger notification rules itacknowiedged this requirement. In§ 803.11(c), the Commission stated thatearly termination would be effectiveupon notice to any requesting person byphone, that this communication wouldbe confirmed in writing, and that "noticethereof shall be published in the FederalRegister in accordance with section7A(b)(2)." 16 CFR 803.11(c).

The statutory requirement that theCommission publish notice of grants ofearly termination indicates Congress'intent that this information should bemade public promptly. This provision isone of the few exceptions to the broadgrant of confidentiality accordedinformation filed with the enforcementagencies in connection with a premergernotification filing. See section 7A(h) ofthe act, 15 U.S.C. 18a(h). The legislativehistory does not reveal why Congressincluded this provision or whatCongress intended to achieve by itsinclusion. But the fact that it wasincluded evidences Congress'willingness to depart from its policy ofstrict confidentiality to assure thatinformation concerning the agencies'decisions not to take any action toprevent consummation of particulartransactions be made public.

The present revision in § 803.11(c)reflects the Commission's practicesadministering the premerger notificationprogram. Over the last six years, theCommission's Premerger NotificationOffice has sent a Notice to the FederalRegister every two weeks listing earlyterminations granted during thepreceding two-week period. Thispractice was adopted after theCommission issued its FormalInterpretation in August of 1982eliminating the requirement that partiesprovide a business reason to qualify forearly termination. As a result of theFormal Interpretation, requests for andgrants of early termination increasedsignificantly. (In FY 82 early terminationwas requested in 222 transactions andgranted in 142, in FY 83 it was requestedin 606 transactions and granted in 495,and in FY 88 it was requested in 2433transactions and granted in 1880.) Thischange in procedure was adoptedbecause of the time and expense tocontinue the prior practice of dailypublication and a separate notice foreach transaction.

While the practice of publishingnotice every two weeks (rather thandaily) is preferable administratively, itcan result in delays. For example, thereis a four-day delay between the time aNotice is sent to the Federal Registerand the time it actually appears in print.Thus, publication occurs anywherebetween four days and three weeksafter the grant of early termination.Under this procedure, parties to atransaction may be informed of earlytermination several weeks before thepublic has access to this informationthrough the Federal Register.

In part because of this delay, butprimarily because this information wasto be published soon in the FederalRegister, it was determined early in theprogram's history that it was desirableand appropriate to make informationabout early terminations public in otherways as soon as the parties had beeninformed that early termination had .been granted. As a result, the PremergerNotification Office has providedinformation about early terminations inresponse to telephone inquiries. ThePremerger Notification Office also made

. available, in the Commission's PublicReference Section, a list of earlyterminations granted.

These dissemination procedures werediscontinued this past summer. Itappears that some investors could haveprofited from their knowledge and use ofaccess to this information to thedetriment of other investors who wereunaware that the information wasavailable. Upon learning of this

21426 Federal Register / Vol. 54, No. 95 / Thursday, May 18, 1989 / Rules and Regulations

certain acquisitions of assets or votingsecurities to give advance notice to theCommission and the Assistant AttorneyGeneral and to wait certain designatedperiods before the consummation ofsuch acquisitions. The transactions towhich the advance notice requirement isapplicable and the length of the waitingperiod required are set out respectivelyin subsections (a) and (b) of section 7A.

Subsection 7A(d)(l) of the act, 15U.S.C. 18a(d)(l), directs the Commission,with the concurrence of the AssistantAttorney General, in accordance with 5U.S.C., 553, to require that thenotification be in such form and containsuch information and documentarymaterial as may be necessary andappropriate to determine whether theproposed transaction may, ifconsummated, violate the antitrust laws.Subsection 7A(d)(2) of the act, 15 U.S.C.18a(d)(2), grants the Commission, withthe concurrence of the AssistantAttorney General, in accordance with 5U.S.C. 553, the authority (A) to definethe terms used in the act, (B) to exemptadditional persons or transactions fromthe act's notification and waiting periodrequirements, and (C) to prescribe suchother rules as may be necessary andappropriate to carry out the purposes ofsection 7A.

On July 31, 1978, the Commission,with the concurrence of the AssistantAttorney General, promulgated finalpremerger notification rules pursuant tosubsections 7A(d)(l) and (2). See 43 FR33451. The rules have been modifiedseveral times since they were firstpromulgated. The rules are divided intothree parts, which appear at 16 CFRParts 801, 802, and 803. Part 801 definesa number of the terms used in the actand rules, and explains whichacquisitions are subject to the reportingand waiting period requirements. Part802 contains a number of exemptionsfrom these requirements. Part 803explains the procedures for complyingwith the act. The Notification andReport Form, which is completed bypersons required to file notification, isan appendix to Part 803 of the rules.

Statement of basis and Purpose for theCommission's Revision of Its PremergerNotification Rules

The Commission has long had apractice of making public theenforcement agencies' decisions to grantearly termination of the Hart-Scott­Rodino waiting period both formally inthe Federal Register and informally overthe phone and through the Commission'sPublic Reference Section. Recently, itcame to the Commission's attention thatpersons could profit because of theirknowledge and use of these practices to

obtain information about earlyterminations to the detriment of otherinvestors who were not aware that theinformation was available. This revisionof § 803.11(c) of the premergernotification rules, 16 CFR 803.11(c),codifies the Commission's informalprocedure and provides notice to thepublic that the procedure exists.

Section 7A(a) of the act provides thatpersons of a specified sizecontemplating acquisitions of a specifiedsize must file notification with theantitrust enforcement agencies and waita designated period of time beforeconsummating. The waiting period,designated in section 7A(b)(l) of the act,generally begins when both parties tothe transaction file notification and endsthirty days later. Section 7A(b)(2) of theact empowers the Commission and theAssistant Attorney General to terminatethe waiting period provided by section7A(b)(1) of the act in particulartransactions before it would otherwiseexpire. 15 U.S.C. 18a(b)(2). The actfurther specifies that when partiesreceive early termination of the waitingperiod the Commission and theAssistant Attorney General "promptlyshall cause to be published in theFederal Register a notice that neitherintends to take any action within suchperiod with respect to such acquisition."Id. When the Commission promulgatedthe premerger notification rules itacknowiedged this requirement. In§ 803.11(c), the Commission stated thatearly termination would be effectiveupon notice to any requesting person byphone, that this communication wouldbe confirmed in writing, and that "noticethereof shall be published in the FederalRegister in accordance with section7A(b)(2)." 16 CFR 803.11(c).

The statutory requirement that theCommission publish notice of grants ofearly termination indicates Congress'intent that this information should bemade public promptly. This provision isone of the few exceptions to the broadgrant of confidentiality accordedinformation filed with the enforcementagencies in connection with a premergernotification filing. See section 7A(h) ofthe act, 15 U.S.C. 18a(h). The legislativehistory does not reveal why Congressincluded this provision or whatCongress intended to achieve by itsinclusion. But the fact that it wasincluded evidences Congress'willingness to depart from its policy ofstrict confidentiality to assure thatinformation concerning the agencies'decisions not to take any action toprevent consummation of particulartransactions be made public.

The present revision in § 803.11(c)reflects the Commission's practicesadministering the premerger notificationprogram. Over the last six years, theCommission's Premerger NotificationOffice has sent a Notice to the FederalRegister every two weeks listing earlyterminations granted during thepreceding two-week period. Thispractice was adopted after theCommission issued its FormalInterpretation in August of 1982eliminating the requirement that partiesprovide a business reason to qualify forearly termination. As a result of theFormal Interpretation, requests for andgrants of early termination increasedsignificantly. (In FY 82 early terminationwas requested in 222 transactions andgranted in 142, in FY 83 it was requestedin 606 transactions and granted in 495,and in FY 88 it was requested in 2433transactions and granted in 1880.) Thischange in procedure was adoptedbecause of the time and expense tocontinue the prior practice of dailypublication and a separate notice foreach transaction.

While the practice of publishingnotice every two weeks (rather thandaily) is preferable administratively, itcan result in delays. For example, thereis a four-day delay between the time aNotice is sent to the Federal Registerand the time it actually appears in print.Thus, publication occurs anywherebetween four days and three weeksafter the grant of early termination.Under this procedure, parties to atransaction may be informed of earlytermination several weeks before thepublic has access to this informationthrough the Federal Register.

In part because of this delay, butprimarily because this information wasto be published soon in the FederalRegister, it was determined early in theprogram's history that it was desirableand appropriate to make informationabout early terminations public in otherways as soon as the parties had beeninformed that early termination had .been granted. As a result, the PremergerNotification Office has providedinformation about early terminations inresponse to telephone inquiries. ThePremerger Notification Office also made

. available, in the Commission's PublicReference Section, a list of earlyterminations granted.

These dissemination procedures werediscontinued this past summer. Itappears that some investors could haveprofited from their knowledge and use ofaccess to this information to thedetriment of other investors who wereunaware that the information wasavailable. Upon learning of this

HeinOnline -- 54 Fed. Reg. 21427 1989

Federal Register I Vol. 54, No. 95 I Thursday•. May 18, 1989 I Rules and Regulations 21427

disparity of information. theCommission suspended thesedissemination procedures until it couldestablish procedures to make the publicat large aware of how the earlyterminations would be available, andthe Commission could consider whetherit was appropriate to release theinformation by methods other than theFederal Register.

The Commission has determined thatsections 7A(b)(2) and 7A(h) do notpreclude the use of means other than theFederal Register to make informationabout early terminations public. Thereference in the act to publication in theFederal Register does not limit therelease of this information exclusively tothis means. This reference merelyassures that the information willpromptly be made public in somemanner. So long as the information ispublished in the Federal Register theCommission is free also to make itpublic in other ways which are moreefficient and less costly.

The Commission has determined thatthere is no reason why the public shouldnot be informed of grants of earlytermination as soon as practicable. Thisis particularly true for transactionsinvolving companies whose stock ispublicly traded. One solution might beto publish more frequent notices in theFederal Register. But this would be verycostly and would still result in delays offour days or more. The Commission has .determined that making this informationpublic through its Public Referencesection is a less costly and moreefficient alternative.

The present change in § 803.U(c)makes clear that the Commission mayuse other means to make public grantsof early termination. The new languagewill put the public on notice that otherprocedures may be used to make thisinformation public. The effective date ofthe new provision is delayed for 30 daysso that persons filing notification willknow that this information may be madepublic in ways in addition to the FederalRegister before they request earlytermination.

The Commission will provide in thePublic Reference Section of theCommission's headquarters each workday a list of transactions in which earlytermination was granted the previouswork day. This information will also bemade available through the PublicReference Section's telephoneinformation system which can bereached using a touch tone phone bycalling (202) 326-2222. The informationwill be available on a prerecordedmessage. These procedures will give thepublic access to this information withoutimposing an undue administrativeburden on the Commission. Release ofthis information will supplement the

current schedule of publication in theFederal Register. This information willnot be available through the PremergerNotification Office. We note that severalcommercial reporting services haveexpressed interest in obtaining thisinformation. Thus we expect that theinformation will be made availableexpeditiously by wire to theirsubscribers nationwide. TheCommission will make informationabout early terminations availablethrough additional means as theybecome available. In addition, theCommission may revise its public noticeprocedures in response to comments.The Commission specifically invitescomments on the procedures it plans toadopt. We hope to receive comments asto how best to implement the proceduresso that all members of the public areplaced on equal footing. Futuremodifications will be publiclyannounced through the Public ReferenceSection and through press releases.

List of Subjects in 16 CFR Part 803

Antitrust.

Interim Rule

The Commission amends Title 16Chapter I. Subpart H. The Code ofFederal Regulations as follows:

PART 803-[AMENDED]

1. Authority. The authority citation forPart 803 continues to read as follows:

Authority: Sec. 7A(d) of the Clayton Act 15U.S.C. 18a(d). as added by sec. 201 of theHart-Scott-Rodino Antitrust ImprovementsAct of 1976, Pub. L. 94-435,. 90 Stat. 1390.

2. The Commission amends the rulesby revising § 803.U(c) to read asfollows:

§ 803.11 [Amended]

* *(c) The Federal Trade Commission

and the Assistant Attorney General mayin their discretion terminate a waitingperiod upon the written request of anyperson filing notification or,notwithstanding paragraph (a) of thissection. sua sponte. A request fortermination of the waiting period shallbe sent to the offices designated in§ 803.10(c). Termination shall beeffective upon notice to any requestingperson by telephone, and such noticeshall be given as soon as possible. Suchnotice shall also be confirmed in writingto each person which has filednotification, and notice thereof shall bepublished in the Federal Register inaccordance with section 7A(b)(2). TheFederal Trade Commission and theAssistant Attorney General also mayuse other means to make the terminationpublic, prior to publication in the Federal

Register in a manner that will make theinformation equally accessible to allmembers of the public.

Donald S. Clark.Secretary.[FR Doc. 89-11958 Filed 5-17-89; 8:45 am)BILLING COOE 67SQ-Ol-M

ENVIRONMENTAL PROTECTIONAGENCY

40 CFR Part 144

Underground Injection ControlProgram

CFR Correction

In the July 1, 1988 revision of Title 40(Parts 100 to 149) of the Code of FederalRegulations. on page 613. secondcolumn, in paragraph (h) of § 144.1. thecite now reading "§ 256.430" should read"§ 265.430".BILLING CODE 150S-02-M

40 CFR Part 180

[PP 8F3665/R1027; FRL-3573-2]

Pesticide Tolerances for Glyphosate

AGENCY: Environmental ProtectionAgency (EPA).ACTION: Final rule.

SUMMARY: This rule establishes aregulation to permit the residues of theherbicide glyphosate (N­(phosphonomethyl)-glycine) and itsmetabolite aminomethylphosphonic acidresulting from the application of thesodium sesqui salt for plant growthregulator purposes in or on peanuts at0.1 part per million (ppm), peanut hay at0.5 ppm, and peanut hulls at 0.5 ppm.The rule was requested by MonsantoCO.EFFECTIVE DATE: May 18, 1989.ADDRESS: Written objections, identifiedby the document control number (PP8F3665/RI027), may be submitted to the:Hearing Clerk (A-UO), EnvironmentalProtection Agency, Room 3708, 401 MStreet SW., Washington, DC 20460.FOR FURTHER INFORMATION CONTACT:

By mail: Robert J. Taylor. ProductManager (PM) 25, RegistrationDivision (H-7505C), Office ofPesticide Programs, EnvironmentalProtection Agency, 401 M Street, SW.,Washington, DC 20460

Office location and telephone number:Room 243, Crystal Mall #2, 1921Jefferson Davis Highway, Arlington,VA 22202, (703)-557-1800.

Federal Register I Vol. 54, No. 95 I Thursday•. May 18, 1989 I Rules and Regulations 21427

disparity of information. theCommission suspended thesedissemination procedures until it couldestablish procedures to make the publicat large aware of how the earlyterminations would be available, andthe Commission could consider whetherit was appropriate to release theinformation by methods other than theFederal Register.

The Commission has determined thatsections 7A(b)(2) and 7A(h) do notpreclude the use of means other than theFederal Register to make informationabout early terminations public. Thereference in the act to publication in theFederal Register does not limit therelease of this information exclusively tothis means. This reference merelyassures that the information willpromptly be made public in somemanner. So long as the information ispublished in the Federal Register theCommission is free also to make itpublic in other ways which are moreefficient and less costly.

The Commission has determined thatthere is no reason why the public shouldnot be informed of grants of earlytermination as soon as practicable. Thisis particularly true for transactionsinvolving companies whose stock ispublicly traded. One solution might beto publish more frequent notices in theFederal Register. But this would be verycostly and would still result in delays offour days or more. The Commission has .determined that making this informationpublic through its Public Referencesection is a less costly and moreefficient alternative.

The present change in § 803.U(c)makes clear that the Commission mayuse other means to make public grantsof early termination. The new languagewill put the public on notice that otherprocedures may be used to make thisinformation public. The effective date ofthe new provision is delayed for 30 daysso that persons filing notification willknow that this information may be madepublic in ways in addition to the FederalRegister before they request earlytermination.

The Commission will provide in thePublic Reference Section of theCommission's headquarters each workday a list of transactions in which earlytermination was granted the previouswork day. This information will also bemade available through the PublicReference Section's telephoneinformation system which can bereached using a touch tone phone bycalling (202) 326-2222. The informationwill be available on a prerecordedmessage. These procedures will give thepublic access to this information withoutimposing an undue administrativeburden on the Commission. Release ofthis information will supplement the

current schedule of publication in theFederal Register. This information willnot be available through the PremergerNotification Office. We note that severalcommercial reporting services haveexpressed interest in obtaining thisinformation. Thus we expect that theinformation will be made availableexpeditiously by wire to theirsubscribers nationwide. TheCommission will make informationabout early terminations availablethrough additional means as theybecome available. In addition, theCommission may revise its public noticeprocedures in response to comments.The Commission specifically invitescomments on the procedures it plans toadopt. We hope to receive comments asto how best to implement the proceduresso that all members of the public areplaced on equal footing. Futuremodifications will be publiclyannounced through the Public ReferenceSection and through press releases.

List of Subjects in 16 CFR Part 803

Antitrust.

Interim Rule

The Commission amends Title 16Chapter I. Subpart H. The Code ofFederal Regulations as follows:

PART 803-[AMENDED]

1. Authority. The authority citation forPart 803 continues to read as follows:

Authority: Sec. 7A(d) of the Clayton Act 15U.S.C. 18a(d). as added by sec. 201 of theHart-Scott-Rodino Antitrust ImprovementsAct of 1976, Pub. L. 94-435,. 90 Stat. 1390.

2. The Commission amends the rulesby revising § 803.U(c) to read asfollows:

§ 803.11 [Amended]

* *(c) The Federal Trade Commission

and the Assistant Attorney General mayin their discretion terminate a waitingperiod upon the written request of anyperson filing notification or,notwithstanding paragraph (a) of thissection. sua sponte. A request fortermination of the waiting period shallbe sent to the offices designated in§ 803.10(c). Termination shall beeffective upon notice to any requestingperson by telephone, and such noticeshall be given as soon as possible. Suchnotice shall also be confirmed in writingto each person which has filednotification, and notice thereof shall bepublished in the Federal Register inaccordance with section 7A(b)(2). TheFederal Trade Commission and theAssistant Attorney General also mayuse other means to make the terminationpublic, prior to publication in the Federal

Register in a manner that will make theinformation equally accessible to allmembers of the public.

Donald S. Clark.Secretary.[FR Doc. 89-11958 Filed 5-17-89; 8:45 am)BILLING COOE 67SQ-Ol-M

ENVIRONMENTAL PROTECTIONAGENCY

40 CFR Part 144

Underground Injection ControlProgram

CFR Correction

In the July 1, 1988 revision of Title 40(Parts 100 to 149) of the Code of FederalRegulations. on page 613. secondcolumn, in paragraph (h) of § 144.1. thecite now reading "§ 256.430" should read"§ 265.430".BILLING CODE 150S-02-M

40 CFR Part 180

[PP 8F3665/R1027; FRL-3573-2]

Pesticide Tolerances for Glyphosate

AGENCY: Environmental ProtectionAgency (EPA).ACTION: Final rule.

SUMMARY: This rule establishes aregulation to permit the residues of theherbicide glyphosate (N­(phosphonomethyl)-glycine) and itsmetabolite aminomethylphosphonic acidresulting from the application of thesodium sesqui salt for plant growthregulator purposes in or on peanuts at0.1 part per million (ppm), peanut hay at0.5 ppm, and peanut hulls at 0.5 ppm.The rule was requested by MonsantoCO.EFFECTIVE DATE: May 18, 1989.ADDRESS: Written objections, identifiedby the document control number (PP8F3665/RI027), may be submitted to the:Hearing Clerk (A-UO), EnvironmentalProtection Agency, Room 3708, 401 MStreet SW., Washington, DC 20460.FOR FURTHER INFORMATION CONTACT:

By mail: Robert J. Taylor. ProductManager (PM) 25, RegistrationDivision (H-7505C), Office ofPesticide Programs, EnvironmentalProtection Agency, 401 M Street, SW.,Washington, DC 20460

Office location and telephone number:Room 243, Crystal Mall #2, 1921Jefferson Davis Highway, Arlington,VA 22202, (703)-557-1800.