[Federal Register Volume 77, Number 215 (Tuesday, November 6, 2012)]
[Notices]
[Pages 66595-66596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27061]
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DEPARTMENT OF DEFENSE
Department of the Air Force
U.S. Air Force Broadcast of Consent Order, and Determination of
Interest Level for a United Launch Alliance (ULA) Consent Order
Industry Day
AGENCY: Headquarters Air Force, Deputy Under Secretary of the Air Force
(Space).
ACTION: Publicize Consent Order, and Determine Level of Interest for a
ULA Consent Order Industry Day.
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SUMMARY: This is not a notice of solicitation issuance. The Deputy
Under Secretary of the Air Force (Space), as the Compliance Officer
under the Federal Trade Commission (FTC) Decision and Order
(hereinafter referred to as the ``Consent Order''), in the Matter of
Lockheed Martin Corporation, the Boeing Company, and United Launch
Alliance (ULA), L.L.C. (hereinafter referred to as the
``Respondents''), Docket No. C-4188, dated May 1, 2007, is posting this
announcement to publicize the Consent Order, and determine level of
interest for a ULA Consent Order Industry Day.
The Consent Order: The Consent Order requires that with regard to
covered Government programs, (1) ULA afford all space vehicle
manufacturers
[[Page 66596]]
non-discriminatory treatment for launch services that ULA may provide,
and that (2) Lockheed Martin and Boeing, as space vehicle
manufacturers, consider all qualified launch service providers on a
non-discriminatory basis. The Consent Order also requires firewalls to
prevent information from a space vehicle provider being shared by ULA
with its Boeing or Lockheed Martin parent company. Similarly, Boeing
and Lockheed Martin must have firewalls to ensure that other launch
service information is not shared with ULA. The Consent Order also
requires that the Department of Defense appoint a Compliance Officer to
oversee compliance with the Consent Order by all three Respondents. The
current Compliance Officer is the Deputy Under Secretary of the Air
Force (Space), Mr. Richard McKinney. The FTC Consent Order states that
the Compliance Officer ``shall oversee compliance by the Respondents
with the terms of this Order, and shall have the power and authority to
oversee such compliance.''
Industry Day Interest: The purpose of the proposed ULA Industry Day
is to inform industry of the Consent Order and its requirements, the
ULA, Boeing, and Lockheed Martin compliance with the Consent Order, and
the role of the Compliance Officer to oversee the Respondents'
compliance with the Consent Order. During the proposed Industry Day,
each of the Respondents plans to present information on its specific
compliance with the Consent Order requirements. Separate discussion
sessions will be available to attendees, at their discretion and
request, to meet with the Compliance Officer and his Government team in
private to address any questions or comments relating to the Consent
Order.
DATES: If sufficient interest exists, the ULA Industry Day will be held
the first quarter of 2013.
ADDRESSES: The meeting location is TBD.
Who Can Attend: Members of the aerospace industry who may do
business with the Respondents and may be affected by the Consent Order,
and the general public, are welcome to attend Industry Day. However for
security reasons, all attendees must be United States citizens with
valid government issued photo identification for admission into the
facility where Industry Day will be held. Attendance at the ULA
Industry Day is limited to a maximum of four representatives per
organization. It is required that all persons interested in attending
register online at (http://2013industryday.org/) by December 7, 2012.
If you are unable to access the link you can send your contact
information to [email protected], or call Mr. Adams at (310) 336-
7476. You can also mail your contact information to Alan L. Adams, The
Aerospace Corporation, P.O. Box 92957-M1/013, Los Angeles, CA 90009-
2957.
FOR FURTHER INFORMATION CONTACT: Sarah Beth Cliatt (Compliance Division
Chief), Tel: 719-556-2042; or Colonel Marc Berkstresser (Deputy
Compliance Division Chief), Tel: 703-614-7842.
SUPPLEMENTARY INFORMATION: After the FTC initiated an investigation of
the proposed formation of ULA by Boeing and Lockheed Martin, the FTC's
Bureau of Competition issued a draft Complaint that it intended to
present to the FTC for its consideration. The Complaint would have
charged the Respondents with violations of Section 7 of the Clayton
Act, as amended, 15 United States Code (U.S.C.) Section 18, and Section
5 of the Federal Trade Commission Act, as amended, 15 U.S.C. Section
45. The Respondents and the FTC executed an agreement containing an
admission by the Respondents of the jurisdictional facts set forth in
the draft complaint, and including a statement that the Respondents'
signing of the Consent Agreement (1) was for settlement purposes only,
(2) did not constitute an admission by the Respondents that (a) the law
had been violated as alleged in the Complaint, or (b) the facts alleged
in the Complaint, other than jurisdictional facts, were true. The
Aerospace Corporation provides, under contract, much of the technical
and cost oversight support for the Compliance Officer as specified in
the Consent Order.
Henry Williams, Jr.,
Acting Air Force Federal Register Liasion Officer.
[FR Doc. 2012-27061 Filed 11-5-12; 8:45 am]
BILLING CODE 5001-10-P