Request for Public Comment, 46474 [05-15806]

Download as PDF 46474 Federal Register / Vol. 70, No. 153 / Wednesday, August 10, 2005 / Notices RUS will use input provided by government agencies, private organizations, and the public in the preparation of a Draft EIS. The Draft EIS will be available for review and comment for 45 days. A Final EIS will then be prepared that considers all comments received. The Final EIS will be available for review and comment for 30 days. Following the 30-day comment period, RUS will prepare a Record of Decision (ROD). Notices announcing the availability of the Draft and Final EIS and the ROD will be published in the Federal Register and in local newspapers. Any final action by RUS related to the proposed project will be subject to, and contingent upon, compliance with all relevant Federal, State and local environmental laws and regulations and completion of the environmental review requirements as prescribed in the RUS Environmental Policies and Procedures (7 CFR part 1794). Dated: August 4, 2005. Glendon D. Deal, Director, Engineering and Environmental Staff, Water and Environmental Programs, Rural Utilities Service. [FR Doc. 05–15766 Filed 8–9–05; 8:45 am] BILLING CODE 3410–15–P ANTITRUST MODERNIZATION COMMISSION Request for Public Comment Antitrust Modernization Commission. ACTION: Request for public comment. AGENCY: SUMMARY: The Antitrust Modernization Commission requests comments from the public regarding specific questions relating to the issues selected for Commission study. DATES: Comments are due by September 30, 2005. ADDRESSES: By electronic mail: comments@amc.gov. By mail: Antitrust Modernization Commission, Attn: Public Comments, 1120 G Street, NW., Suite 810, Washington, DC 20005. FOR FURTHER INFORMATION CONTACT: Andrew J. Heimert, Executive Director & General Counsel, Antitrust Modernization Commission. Telephone: (202) 233–0701; e-mail: info@amc.gov. Internet: http://www.amc.gov. SUPPLEMENTARY INFORMATION: The Antitrust Modernization Commission was established to ‘‘examine whether the need exists to modernize the antitrust laws and to identify and study related issues.’’ Antitrust Modernization Commission Act of 2002, Pub. L. 107– VerDate jul<14>2003 15:02 Aug 09, 2005 Jkt 205001 273, § 11053, 116 Stat. 1856. In conducting its review of the antitrust laws, the Commission is required to ‘‘solicit the views of all parties concerned with the operation of the antitrust laws.’’ Id. By this request for comments, the Commission seeks to provide a full opportunity for interested members of the public to provide input regarding certain issues selected for Commission study. From time to time, the Commission may issue additional requests for comment on issues selected for study. Comments should be submitted in written form. Comments should identify the topic to which it relates. Comments need not address every question within the topic. Comments exceeding 1500 words should include a brief (less than 250 word) summary. Commenters may submit additional background materials (such as articles, data, or other information) relating to the topic by separate attachment. Comments should identify the person or organization submitting the comments. If comments are submitted by an organization, the submission should identify a contact person within the organization. Comments should include the following contact information for the submitter: an address, telephone number, and e-mail address (if available). Comments submitted to the Commission will be made available to the public in accordance with federal laws. Comments may be submitted either in hard copy or electronic form. Electronic submissions may be sent by electronic mail to comments@amc.gov. Comments submitted in hard copy should be delivered to the address specified above, and should enclose, if possible, a CD– ROM or a 31⁄2-inch computer diskette containing an electronic copy of the comment. The Commission prefers to receive electronic documents (whether by e-mail or on CD–ROM/diskette) in portable document format (.pdf), but also will accept comments in Microsoft Word format. The AMC has issued this request for comments pursuant to its authorizing statute and the Federal Advisory Committee Act. Antitrust Modernization Commission Act of 2002, Pub. L. 107– 273, § 11053, 116 Stat. 1758, 1856; Federal Advisory Committee Act, 5 U.S.C. App., § 10(a)(3). should there be a means for differentiation based on differences in the severity or culpability of the behavior? A. Do the Sentencing Guidelines provide an adequate method of distinguishing between violations with differing degrees of culpability? For example, should the Sentencing Guidelines provide distinctions between different types of antitrust crimes (e.g., price fixing versus monopolization)? B. The Sentencing Guidelines use 20% of the volume of commerce affected as the starting point for computation of corporate antitrust fines. See United States Sentencing Commission, Guidelines Manual § 2R1.1 (2004). Does the volume of commerce provide an adequate measure for setting fines? If not, what other measure(s) or methods would provide a more appropriate way for the Guidelines to establish fine levels? 2. The Sherman Act provides for a maximum fine of $100 million (or, previously, $10 million). The government may seek criminal fines in excess of that maximum pursuant to 18 U.S.C. 3571(d). A. Should ‘‘twice the gross gain or twice the gross loss’’ as provided in Section 3571(d) be calculated based on the gain or loss from all coconspirator sales or on only the defendant’s sales? B. Should fines above the statutory maximum, and thus limited by Section 3571(d), be based on 20% of gross sales as provided for in the Sentencing Guidelines, as they are for fines below the statutory maximum, or should they be calculated differently? If differently, how should they be calculated? Dated: August 4, 2005. By direction of the Antitrust Modernization Commission. Andrew J. Heimert, Executive Director & General Counsel, Antitrust Modernization Commission. [FR Doc. 05–15806 Filed 8–9–05; 8:45 am] BILLING CODE 6820–YM–P DEPARTMENT OF COMMERCE Foreign–Trade Zones Board (Docket 37–2005) Topic for Comment The Commission requests comment on the following topic. Foreign–Trade Zone 123 Denver, Colorado, Application For Subzone, the Eastman Kodak Company, (X–ray film, Color Paper, Digital Media, Inkjet Paper, and Entertainment Imaging), Windsor, Colorado Criminal Remedies 1. In setting corporate fines for criminal Sherman Act violations, An application has been submitted to the Foreign–Trade Zones Board (the Board) by the City and County of PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\10AUN1.SGM 10AUN1

Agencies

[Federal Register Volume 70, Number 153 (Wednesday, August 10, 2005)]
[Notices]
[Page 46474]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15806]


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ANTITRUST MODERNIZATION COMMISSION


Request for Public Comment

AGENCY: Antitrust Modernization Commission.

ACTION: Request for public comment.

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SUMMARY: The Antitrust Modernization Commission requests comments from 
the public regarding specific questions relating to the issues selected 
for Commission study.

DATES: Comments are due by September 30, 2005.

ADDRESSES: By electronic mail: comments@amc.gov. By mail: Antitrust 
Modernization Commission, Attn: Public Comments, 1120 G Street, NW., 
Suite 810, Washington, DC 20005.

FOR FURTHER INFORMATION CONTACT: Andrew J. Heimert, Executive Director 
& General Counsel, Antitrust Modernization Commission. Telephone: (202) 
233-0701; e-mail: info@amc.gov. Internet: http://www.amc.gov.

SUPPLEMENTARY INFORMATION: The Antitrust Modernization Commission was 
established to ``examine whether the need exists to modernize the 
antitrust laws and to identify and study related issues.'' Antitrust 
Modernization Commission Act of 2002, Pub. L. 107-273, Sec.  11053, 116 
Stat. 1856. In conducting its review of the antitrust laws, the 
Commission is required to ``solicit the views of all parties concerned 
with the operation of the antitrust laws.'' Id. By this request for 
comments, the Commission seeks to provide a full opportunity for 
interested members of the public to provide input regarding certain 
issues selected for Commission study. From time to time, the Commission 
may issue additional requests for comment on issues selected for study.
    Comments should be submitted in written form. Comments should 
identify the topic to which it relates. Comments need not address every 
question within the topic. Comments exceeding 1500 words should include 
a brief (less than 250 word) summary. Commenters may submit additional 
background materials (such as articles, data, or other information) 
relating to the topic by separate attachment.
    Comments should identify the person or organization submitting the 
comments. If comments are submitted by an organization, the submission 
should identify a contact person within the organization. Comments 
should include the following contact information for the submitter: an 
address, telephone number, and e-mail address (if available). Comments 
submitted to the Commission will be made available to the public in 
accordance with federal laws.
    Comments may be submitted either in hard copy or electronic form. 
Electronic submissions may be sent by electronic mail to 
comments@amc.gov. Comments submitted in hard copy should be delivered 
to the address specified above, and should enclose, if possible, a CD-
ROM or a 3\1/2\-inch computer diskette containing an electronic copy of 
the comment. The Commission prefers to receive electronic documents 
(whether by e-mail or on CD-ROM/diskette) in portable document format 
(.pdf), but also will accept comments in Microsoft Word format.
    The AMC has issued this request for comments pursuant to its 
authorizing statute and the Federal Advisory Committee Act. Antitrust 
Modernization Commission Act of 2002, Pub. L. 107-273, Sec.  11053, 116 
Stat. 1758, 1856; Federal Advisory Committee Act, 5 U.S.C. App., Sec.  
10(a)(3).

Topic for Comment

    The Commission requests comment on the following topic.

Criminal Remedies

    1. In setting corporate fines for criminal Sherman Act violations, 
should there be a means for differentiation based on differences in the 
severity or culpability of the behavior?
    A. Do the Sentencing Guidelines provide an adequate method of 
distinguishing between violations with differing degrees of 
culpability? For example, should the Sentencing Guidelines provide 
distinctions between different types of antitrust crimes (e.g., price 
fixing versus monopolization)?
    B. The Sentencing Guidelines use 20% of the volume of commerce 
affected as the starting point for computation of corporate antitrust 
fines. See United States Sentencing Commission, Guidelines Manual Sec.  
2R1.1 (2004). Does the volume of commerce provide an adequate measure 
for setting fines? If not, what other measure(s) or methods would 
provide a more appropriate way for the Guidelines to establish fine 
levels?
    2. The Sherman Act provides for a maximum fine of $100 million (or, 
previously, $10 million). The government may seek criminal fines in 
excess of that maximum pursuant to 18 U.S.C. 3571(d).
    A. Should ``twice the gross gain or twice the gross loss'' as 
provided in Section 3571(d) be calculated based on the gain or loss 
from all coconspirator sales or on only the defendant's sales?
    B. Should fines above the statutory maximum, and thus limited by 
Section 3571(d), be based on 20% of gross sales as provided for in the 
Sentencing Guidelines, as they are for fines below the statutory 
maximum, or should they be calculated differently? If differently, how 
should they be calculated?

    Dated: August 4, 2005.

    By direction of the Antitrust Modernization Commission.
Andrew J. Heimert,
Executive Director & General Counsel, Antitrust Modernization 
Commission.
[FR Doc. 05-15806 Filed 8-9-05; 8:45 am]
BILLING CODE 6820-YM-P