[Federal Register Volume 69, Number 5 (Thursday, January 8, 2004)]
[Notices]
[Pages 1290-1291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-357]



[[Page 1290]]

=======================================================================
-----------------------------------------------------------------------

FEDERAL TRADE COMMISSION

[Docket No. 9300]


Chicago Bridge & Iron Company N.V., et al; Public Comment on 
Consent Agreement and Interim Consent Order

AGENCY: Federal Trade Commission.

ACTION: Order Accepting Consent Agreement for Public Comment and 
Issuing Interim Consent Order.

-----------------------------------------------------------------------

SUMMARY: On December 12, 2003, Complaint Counsel and Respondents in 
this matter filed a Joint Motion To Accept Interim Consent Order, and 
on December 19, 2003, the Commission issued an Order Accepting Consent 
Agreement for Public Comment and Issuing Interim Consent Order. This 
Notice describes the terms of the Interim Consent Order.

DATES: Comments must be received on or before January 15, 2004.

ADDRESSES: Comments filed in paper form should be mailed or delivered, 
as prescribed in the Supplementary Information section, to the 
following address: Federal Trade Commission/Office of the Secretary, 
Room 159-H, 600 Pennsylvania Avenue, NW., Washington, DC 20580. 
Comments filed in electronic form (except comments containing any 
confidential material) should be sent, as prescribed in the 
Supplementary Information section, to the following email box: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Donald S. Clark, Office of the 
Secretary, Federal Trade Commission, 600 Pennsylvania Avenue, NW., 
Washington, DC 20580, (202) 326-2514.

SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal 
Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), and Sec.  3.25 of 
the Commission Rules of Practice, 16 CFR 3.25, notice is hereby given 
that the above-captioned Consent Agreement has been accepted for public 
comment; that the above-captioned Interim Consent Order has been issued 
by the Commission; and that both documents have been placed on the 
public record for a period ending on January 15, 2004. The Interim 
Consent Order is set forth below. In addition, electronic copies of the 
Interim Consent Order and other relevant documents can be obtained from 
the FTC Home Page (for January 2, 2004), on the World Wide Web, at 
http://www.ftc.gov/os/2004/01/index.htm. A paper copy can be obtained 
from the FTC Public Reference Room, Room 130-H, 600 Pennsylvania 
Avenue, NW., Washington, DC 20580, either in person or by calling (202) 
326-2222.
    Comments from members of the public are invited, and may be filed 
with the Commission in either paper or electronic form.
    1. A public comment filed in paper form should be mailed or 
delivered to the following address: Federal Trade Commission/Office of 
the Secretary, Room 159-H, 600 Pennsylvania Avenue, NW., Washington, DC 
20580. If the comment contains any material for which confidential 
treatment is requested, it must be filed in paper (rather than 
electronic) form, and the first page of the document must be clearly 
labeled ``Confidential.'' \1\
---------------------------------------------------------------------------

    \1\ Commission Rule 4.2(d), 16 CFR 4.2(d). The comment must also 
be accompanied by an explicit request for confidential treatment, 
including the factual and legal basis for the request, and must 
identify the specific portions of the comment to be withheld from 
the public record. The request will be granted or denied by the 
Commission's General Counsel, consistent with applicable law and the 
public interest. See Commission Rule 4.9(c), 16 CFR 4.9(c).
---------------------------------------------------------------------------

    2. A public comment that does not contain any material for which 
confidential treatment is requested may instead be filed in electronic 
form (in ASCII format, WordPerfect, or Microsoft Word), as part of or 
as an attachment to an e-mail message sent to the following e-mail box: 
[email protected].
    3. Regardless of the form in which they are filed, all timely 
comments will be considered by the Commission, and will be available 
(with confidential material redacted) for public inspection and copying 
on the Commission Web site at http://www.ftc.gov and at its principal 
office. As a matter of discretion, the Commission makes every effort to 
remove home contact information for individuals from the public 
comments it receives, before placing those comments on the FTC Web 
site.

Interim Consent Order

    This matter having been heard by the Commission upon Respondents' 
and Complaint Counsel's stipulation that the following Interim Consent 
Order (``Order'') be issued and be effective upon service pending the 
issuance of a Final Order and Opinion of the Commission in this matter, 
which is still forthcoming,
    It is hereby ordered:
    A. Respondents shall prevent the destruction, removal, wasting, 
deterioration, sale, disposition, transfer, or impairment of the PDM 
Assets, except in the ordinary course of business or for ordinary wear 
and tear. ``PDM Assets'' means all right, title, and interest in and to 
all assets, tangible or intangible, acquired by CB&I from PDM in the 
Acquisition, and any improvements or additions made to such assets by 
CB&I subsequent to February 7, 2001, including but not limited to:
    1. All real property (including fee simple interests and real 
property leasehold interests), including, but not limited to, the 
fabrication facilities located at Provo, Utah; Clive, Iowa; and Warren, 
Pennsylvania;
    2. All personal property, including machinery and equipment;
    3. All inventories, stores, and supplies;
    4. All rights under any contract, including, but not limited to, 
any lease, customer contracts, supply agreement, sole-source 
arrangement, and procurement contract;
    5. All intellectual property;
    6. All governmental approvals, consents, licenses, permits, 
waivers, or other authorizations;
    7. All rights under warranties and guarantees, express or implied;
    8. All items of prepaid expense; and
    9. All books, records, and files (electronic and hard copy) 
relating to the foregoing.
    B. In the event that Respondents decide to remove, sell, cease 
operations of, lease, assign, transfer, license, or otherwise dispose 
of any assets, tangible or intangible, at its Provo, Utah fabrication 
facility, Respondents shall notify the Secretary, Complaint Counsel, 
and the Compliance Division not later than sixty (60) days before 
taking such action. Nothing herein shall be construed to preclude the 
Commission from seeking judicial relief, if warranted, to block such 
action.
    C. Respondents shall take such steps to notify its employees at the 
Provo fabrication facility that CB&I has no present intention of 
removing, selling, ceasing operations of, leasing, assigning, 
transferring, licensing, or otherwise disposing of the Provo 
fabrication facility. Such actions shall include:
    1. notifying its current employees at the Provo fabrication 
facility in writing that any outstanding notice to terminate their 
employment or suspend operations at the Provo facility is rescinded and 
that operations of the Provo facility shall continue until further 
notice, consistent with CB&I's press release dated December 9, 2003;
    2. retract any notices made pursuant to the Worker Adjustment and 
Retraining Notification (WARN) Act concerning the proposed temporary 
suspension of operations at the Provo facility.
    D. Nothing in this Order shall be interpreted to decide any issues 
or grant Respondents any authority as to any

[[Page 1291]]

issues that are not expressly stated or addressed herein.
    It is further ordered that Respondents shall provide a copy of this 
Order to each of Respondents' officers, employees, or agents having 
managerial responsibility for any of Respondents' obligations under 
this Order, no later than five (5) days from the date this Order 
becomes final.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 04-357 Filed 1-7-04; 8:45 am]
BILLING CODE 6750-01-P