Agencies and Commissions November 5, 2008 – Federal Register Recent Federal Regulation Documents

Pursuant to the provisions of the ``Government in the Sunshine Act'' (5 U.S.C. 552b), notice is hereby given of the Defense Nuclear Facilities Safety Board's (Board) public hearing and meeting described below. The Board will conduct a public hearing and meeting pursuant to 42 U.S.C. 2286b and invites any interested persons or groups to present any comments, technical information, or data concerning safety issues related to the matters to be considered. Time and Date of Meeting: 9 a.m., December 5, 2008. Place: Defense Nuclear Facilities Safety Board, Public Hearing Room, 625 Indiana Avenue, NW., Suite 300, Washington, DC 20004-2001. Additionally, as a part of the Board's E-Government initiative, the meeting will be presented live through Internet video streaming. A link to the presentation will be available on the Board's Web site (https:// www.dnfsb.gov). Status: Open. While the Government in the Sunshine Act does not require that the scheduled discussion be conducted in a meeting, the Board has determined that an open meeting in this specific case furthers the public interests underlying both the Sunshine Act and the Board's enabling legislation. Matters to be Considered: This public hearing and meeting is the fourth in a series concerning the Department of Energy's (DOE) and National Nuclear Security Administration's (NNSA) incorporation of safety into the design and construction of new DOE defense nuclear facilities and into major modification of existing facilities. The Board is responsible, pursuant to its statutory charter, to review and evaluate the content and implementation of standards relating to the design and construction of such facilities. This public hearing and meeting is a continuation of the Board's interest in integrating safety early into the design process. During the Board's initial public hearing on this subject on December 7, 2005, the Board focused on the adequacy of DOE's existing directives related to the design of new facilities. In preparation for that hearing, DOE outlined its expectations for integrating safety into design and established a framework for achieving needed improvements. During the second public hearing on July 19, 2006, the Board further explored integration of safety into design and the progress being made in implementing DOE's safety in design initiatives. During the third public hearing and meeting on March 27, 2007, the Board considered early issue identification, communication of Board issues to DOE, issue management, and early resolution and closure of design related safety issues. The third hearing also addressed the implementation status of DOE Order 413.3, Program and Project Management for the Acquisition of Capital Assets, DOE Standard (STD)-1189, Integration of Safety into the Design Process, the revision of DOE Manual 413.3-1, and lessons learned with respect to incorporating safety in design at two major Federal projects, the Waste Treatment Plant (WTP) project and the Chemistry and Metallurgy Research Replacement (CMRR) project. This fourth public hearing and meeting will consider implementation of the revised DOE Order 413.3, the related guidance contained in DOE-STD-1189, and commitments made in the July 19, 2007, joint DOE and Board report to Congress titled, Improving the Identification and Resolution of Safety Issues During the Design and Construction of DOE Defense Nuclear Facilities, as those commitments relate to early issue identification, communication of Board issues to DOE, issue management, and early resolution and closure of design related safety issues. This hearing and meeting is intended to further assist the Board and DOE in their collective efforts to evaluate any needed improvements in the timeliness of issue resolution. The Board again expects to hear presentations from both DOE and NNSA senior management officials concerning integration of safety into design. The Board may also collect any other information relevant to health or safety of the workers and the public, with respect to safety in design, that may warrant Board action. The public hearing portion of this proceeding is authorized by 42 U.S.C. 2286b.

The Federal Trade Commission (``FTC'' or ``Commission'') will hold a series of public Workshop sessions at one or more locations to explore how best to distinguish between uses of resale price maintenance (RPM)\1\ that benefit consumers and those that do not, for purposes of enforcing Section 1 of the Sherman Act, 15 U.S.C. Sec. 1, and Section 5 of the Federal Trade Commission Act, 15 U.S.C. Sec. 45 (hereinafter ``Sections 1 and 5''). Among other things, the Workshops will examine when and whether particular market facts or conditions make it more or less likely that the use of RPM will be procompetitive or neutral, and when or whether RPM may harm competition and consumers.

The U.S. General Services Administration's (GSA) Multiple Award Schedule Advisory Panel (MAS Panel), a Federal Advisory Committee, meeting scheduled for October 27, 2008 was cancelled.

Notice is hereby given that the U.S. International Trade Commission has determined to review the presiding administrative law judge's (``ALJ'') final initial determination, Order No. 67, in the above-captioned investigation.