81 FR 51884 - Senior Executive Service Performance Review Board
FEDERAL LABOR RELATIONS AUTHORITY Federal Register Volume 81, Issue 151 (August 5, 2016)
Federal Register Volume 81, Issue 151 (August 5, 2016)
| Page Range | 51884-51885 | |
| FR Document | 2016-18614 |
[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)] [Notices] [Pages 51884-51885] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-18614] ======================================================================= ----------------------------------------------------------------------- FEDERAL LABOR RELATIONS AUTHORITY Senior Executive Service Performance Review Board AGENCY: Federal Labor Relations Authority. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Federal Labor Relations Authority (FLRA) publishes the names of the persons selected to serve on its SES Performance Review Board (PRB). This notice supersedes all previous notices of the PRB membership. DATES: Upon publication. ADDRESSES: Written comments about this final rule can be emailed to [email protected] or sent to the Case Intake and Publication Office, Federal Labor Relations Authority, 1400 K Street NW., Washington, DC 20424. All written comments will be available for public inspection during normal business hours at the Case Intake and Publication Office. FOR FURTHER INFORMATION CONTACT: Gina Grippando, Counsel for Regulatory and Public Affairs, Federal Labor Relations Authority, Washington, DC 20424, (202) 218-7776. SUPPLEMENTARY INFORMATION: Section 4314(c) of Title 5, U.S.C. requires each agency to establish, in accordance with regulations prescribed by the Office of Personnel Management, one or more PRBs. The PRB shall review and evaluate the initial appraisal of a senior executive's performance by the supervisor, along with any response by the senior executive, and make recommendations to the final rating authority relative to the performance of the senior executive. The following individuals have been selected to serve on the FLRA's PRB: Sarah Whittle Spooner, Executive Director; Peter A. Sutton, Deputy [[Page 51885]] General Counsel; Richard S. Jones, Atlanta Regional Director; William R. Tobey, Chief Counsel; Kimberly D. Moseley, Executive Director, Federal Service Impasses Panel; and Bruce Gripe, Chief Operating Officer, Office of Special Counsel. Dated: August 3, 2016. Sarah Whittle Spooner, Executive Director. [FR Doc. 2016-18614 Filed 8-4-16; 8:45 am] BILLING CODE P
![51884 Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices
FEDERAL DEPOSIT INSURANCE has been completed. To the extent sent within thirty days of the date of
CORPORATION permitted by available funds and in this Notice to: Federal Deposit
accordance with law, the Receiver will Insurance Corporation, Division of
Notice to All Interested Parties of the be making a final dividend payment to Resolutions and Receiverships,
Termination of the Receivership of proven creditors. Attention: Receivership Oversight
10508, Frontier Bank, FSB, Palm Based upon the foregoing, the Department 34.6, 1601 Bryan Street,
Desert, California Receiver has determined that the Dallas, TX 75201.
continued existence of the receivership No comments concerning the
NOTICE IS HEREBY GIVEN that the termination of this receivership will be
Federal Deposit Insurance Corporation will serve no useful purpose.
Consequently, notice is given that the considered which are not sent within
(‘‘FDIC’’) as Receiver for Frontier Bank, this time frame.
FSB, Palm Desert, California (‘‘the receivership shall be terminated, to be
Receiver’’) intends to terminate its effective no sooner than thirty days after Dated: August 1, 2016.
receivership for said institution. The the date of this Notice. If any person Federal Deposit Insurance Corporation.
FDIC was appointed receiver of Frontier wishes to comment concerning the
Robert E. Feldman,
Bank, FSB on November 7, 2014. The termination of the receivership, such
Executive Secretary.
liquidation of the receivership assets comment must be made in writing and
sent within thirty days of the date of [FR Doc. 2016–18552 Filed 8–4–16; 8:45 am]
has been completed. To the extent
permitted by available funds and in this Notice to: Federal Deposit BILLING CODE 6714–01–P
accordance with law, the Receiver will Insurance Corporation, Division of
be making a final dividend payment to Resolutions and Receiverships,
Attention: Receivership Oversight FEDERAL LABOR RELATIONS
proven creditors. AUTHORITY
Based upon the foregoing, the Department 34.6, 1601 Bryan Street,
Receiver has determined that the Dallas, TX 75201.
No comments concerning the Senior Executive Service Performance
continued existence of the receivership Review Board
will serve no useful purpose. termination of this receivership will be
Consequently, notice is given that the considered which are not sent within AGENCY: Federal Labor Relations
receivership shall be terminated, to be this time frame. Authority.
effective no sooner than thirty days after Dated: August 2, 2016. ACTION: Notice.
the date of this Notice. If any person Federal Deposit Insurance Corporation.
wishes to comment concerning the SUMMARY: The Federal Labor Relations
Robert E. Feldman, Authority (FLRA) publishes the names
termination of the receivership, such Executive Secretary.
comment must be made in writing and of the persons selected to serve on its
[FR Doc. 2016–18596 Filed 8–4–16; 8:45 am] SES Performance Review Board (PRB).
sent within thirty days of the date of
this Notice to: Federal Deposit
BILLING CODE 6714–01–P This notice supersedes all previous
Insurance Corporation, Division of notices of the PRB membership.
Resolutions and Receiverships, DATES: Upon publication.
FEDERAL DEPOSIT INSURANCE
Attention: Receivership Oversight ADDRESSES: Written comments about
CORPORATION
Department 34.6, 1601 Bryan Street, this final rule can be emailed to
Dallas, TX 75201. Notice to All Interested Parties of the EngagetheFLRA@flra.gov or sent to the
No comments concerning the Termination of the Receivership of Case Intake and Publication Office,
termination of this receivership will be 10271, Bayside Savings Bank, Port Federal Labor Relations Authority, 1400
considered which are not sent within Saint Joe, Florida K Street NW., Washington, DC 20424.
this time frame. All written comments will be available
Dated: August 1, 2016. NOTICE IS HEREBY GIVEN that the for public inspection during normal
Federal Deposit Insurance Corporation business hours at the Case Intake and
Federal Deposit Insurance Corporation.
(‘‘FDIC’’) as Receiver for Bayside Publication Office.
Robert E. Feldman,
Savings Bank, Port Saint Joe, Florida FOR FURTHER INFORMATION CONTACT: Gina
Executive Secretary. (‘‘the Receiver’’) intends to terminate its Grippando, Counsel for Regulatory and
[FR Doc. 2016–18553 Filed 8–4–16; 8:45 am] receivership for said institution. The Public Affairs, Federal Labor Relations
BILLING CODE 6714–01–P FDIC was appointed receiver of Bayside Authority, Washington, DC 20424, (202)
Savings Bank on July 30, 2010. The 218–7776.
liquidation of the receivership assets SUPPLEMENTARY INFORMATION: Section
FEDERAL DEPOSIT INSURANCE has been completed. To the extent 4314(c) of Title 5, U.S.C. requires each
CORPORATION permitted by available funds and in agency to establish, in accordance with
accordance with law, the Receiver will regulations prescribed by the Office of
Notice to All Interested Parties of the
be making a final dividend payment to Personnel Management, one or more
Termination of the Receivership of
proven creditors. PRBs. The PRB shall review and
10272, Coastal Community Bank,
Based upon the foregoing, the evaluate the initial appraisal of a senior
Panama City Beach, Florida
Receiver has determined that the executive’s performance by the
Notice is hereby given that the Federal continued existence of the receivership supervisor, along with any response by
Deposit Insurance Corporation (‘‘FDIC’’) will serve no useful purpose.
mstockstill on DSK3G9T082PROD with NOTICES
the senior executive, and make
as Receiver for Coastal Community Consequently, notice is given that the recommendations to the final rating
Bank, Panama City Beach, Florida (‘‘the receivership shall be terminated, to be authority relative to the performance of
Receiver’’) intends to terminate its effective no sooner than thirty days after the senior executive.
receivership for said institution. The the date of this Notice. If any person The following individuals have been
FDIC was appointed receiver of Coastal wishes to comment concerning the selected to serve on the FLRA’s PRB:
Community Bank on July 30, 2010. The termination of the receivership, such Sarah Whittle Spooner, Executive
liquidation of the receivership assets comment must be made in writing and Director; Peter A. Sutton, Deputy
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![Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices 51885
General Counsel; Richard S. Jones, The order was placed on the public knew that if Solvay and Evonik could
Atlanta Regional Director; William R. record for 30 days in order to receive gain reputation and experience, in
Tobey, Chief Counsel; Kimberly D. comments from interested persons. particular, by developing supply
Moseley, Executive Director, Federal Comments received during this period relationships with leading medical
Service Impasses Panel; and Bruce became part of the public record. After device makers, this would validate their
Gripe, Chief Operating Officer, Office of the public comment period, the status as PEEK suppliers with other
Special Counsel. Commission determined to make the potential PEEK buyers and ultimately
Dated: August 3, 2016. proposed order final. lead to significant price competition—
Sarah Whittle Spooner,
The purpose of this analysis, which painful for Invibio but beneficial to
was placed on the Commission Web site medical device makers.
Executive Director.
on April 27, 2016, was to facilitate Invibio extracted exclusivity terms
[FR Doc. 2016–18614 Filed 8–4–16; 8:45 am] from customers both by threatening to
public comment on the proposed order.
BILLING CODE P withhold critical supply or support
It is not intended to constitute an
official interpretation of the complaint, services and by offering minor
the consent agreement, or the order, or inducements. For example, Invibio
FEDERAL TRADE COMMISSION to modify their terms in any way. The threatened to withhold access to new
[File No. 1410042; Docket No. C–4586] consent agreement is for settlement brands of its PEEK and to Invibio’s FDA
purposes only and does not constitute master file if a customer declined to
Victrex, plc; Invibio, Limited; and an admission by Invibio that the law has purchase exclusively from Invibio.
Invibio, Inc. been violated as alleged in the Where necessary, Invibio offered small
complaint or that the facts alleged in the price discounts in exchange for
AGENCY: Federal Trade Commission. exclusivity.
complaint, other than jurisdictional
ACTION:Consent Order and Statement of facts, are true. Due to Invibio’s efforts, nearly all
the Commission. medical device makers that purchase
II. The Complaint PEEK from Invibio do so under
SUMMARY: The Commission has
The complaint makes the following contracts that impose some form of
approved a final consent order in this
allegations. exclusivity. Although precise
matter, settling alleged violations of
exclusivity terms vary, they generally
federal law prohibiting unfair methods A. Industry Background take one of three forms: (1) Requiring
of competition, and has issued a Implant-grade PEEK has properties, the use of Invibio PEEK for all PEEK-
Statement of the Commission. The such as elasticity, machinability, and containing devices; (2) requiring the use
attached Analysis to Aid Public radiolucency, that are distinct from of Invibio PEEK for a broad category of
Comment and Statement of the other materials used in implantable PEEK-containing devices; or (3)
Commission describe both the
medical devices, such as titanium and requiring the use of Invibio PEEK for a
allegations in the Complaint and the
bone. These properties make PEEK list of identified PEEK-containing
terms of the Decision and Order.
especially suitable for many types of devices. Even where exclusivity terms
DATES: Issued on July 13, 2016. implantable medical devices, apply at the device level, i.e., to a list
SUPPLEMENTARY INFORMATION: particularly spinal interbody fusion of specified devices, the foreclosure
Analysis of Agreement Containing devices. Invibio was the first company effect is substantial: The list often
Consent Order To Aid Public Comment to develop and sell implant-grade PEEK. includes nearly every device in the
The United States Food and Drug customer’s portfolio and the customer
I. Introduction Administration (‘‘FDA’’) first cleared a thus cannot source substantial volumes
The Federal Trade Commission has medical device containing Invibio PEEK of PEEK from Invibio’s competitors.
approved a final consent order with in 1999. Upon introducing implant- Taken together, Invibio’s exclusive
Victrex plc and its wholly owned grade PEEK, Invibio sold the product to contracts foreclose a substantial
subsidiaries Invibio Limited and its medical device maker customers majority of PEEK sales from Invibio’s
Invibio, Inc. (collectively, ‘‘Invibio’’). under long-term supply contracts, many rivals.
Invibio makes and sells implant-grade of which included exclusivity C. Invibio’s Monopoly Power
PEEK, a high-performance polymer requirements.
contained in implantable devices used For a number of years, Invibio was the Both direct and indirect evidence
in spinal interbody fusion and other only supplier of implant-grade PEEK. In demonstrate that Invibio has monopoly
medical procedures. The order seeks to the late 2000s, however, first Solvay power in the market for implant-grade
address allegations that Invibio used Specialty Polymers LLC (‘‘Solvay’’) and PEEK. Invibio has priced its PEEK
exclusive supply contracts to maintain then Evonik Corporation (‘‘Evonik’’) substantially higher than competing
its monopoly power in the market for took steps to enter the market. The FDA versions of PEEK, without ceding
implant-grade PEEK, in violation of cleared the first spinal implant device material market share, and has impeded
Section 5 of the Federal Trade containing Solvay PEEK in 2010, and competitors through its exclusive
Commission Act, 15 U.S.C. 45. the first one containing Evonik PEEK in contracts. In addition, Invibio has
The order requires Invibio to cease 2013. consistently held an over-90% share of
and desist from enforcing most a relevant market with substantial entry
exclusivity terms in current supply B. Invibio’s Use of Exclusivity Terms To barriers, which indirectly evidences its
contracts and generally prohibits Invibio Impede Competitors monopoly power. PEEK has distinctive
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from requiring exclusivity in future Invibio responded to Solvay’s and properties from other materials used in
contracts. The order also prevents Evonik’s entry by tightening and spinal and other implants. Physician
Invibio from adopting other expanding the scope of exclusivity preferences typically drive the choice of
mechanisms, such as market-share provisions in its supply contracts with materials used in an implant, and these
discounts or retroactive volume medical device makers. Invibio did this preferences largely reflect material
discounts, to maintain its monopoly to impede Solvay and Evonik from properties rather than price. Other
power. developing into effective rivals. Invibio materials are therefore not sufficiently
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Document Created: 2016-08-05 06:44:02
Document Modified: 2016-08-05 06:44:02
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Upon publication. | |
| Contact | Gina Grippando, Counsel for Regulatory and Public Affairs, Federal Labor Relations Authority, Washington, DC 20424, (202) 218-7776. | |
| FR Citation | 81 FR 51884 |
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