Petitions for Modification, 55174 [05-18738]
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55174
Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Notices
The proposed Final Judgment,
therefore, should not be reviewed under
a standard of whether it is certain to
eliminate every anticompetitive effect of
a particular practice or whether it
mandates certainty of free competition
in the future. Court approval of a final
judgment requires a standard more
flexible and less strict than the standard
required for a finding of liability. ‘‘[A]
proposed decree must be approved even
if it falls short of the remedy the court
would impose on its own, as long as it
falls with the range of acceptability or
is ‘within the reaches of public
interest.’’’ United States v. Am. Tel. &
Tel. Co., 552 F. Supp. 131, 151 (D.D.C.
1982) (citations omitted) (quoting
Gillette, 406 F. Supp. at 716), aff’d sub
nom. Maryland v. United States, 460
U.S. 1001 (1983); see also United States
v. Alcan Aluminum Ltd., 605 F. Supp.
619, 622 (W.D. Ky. 1985) (approving the
consent decree even though the court
would have imposed a greater remedy).
Moreover, the Court’s role under the
APPA is limited to reviewing the
remedy in relationship to the violations
that the United States has alleged in its
Compliant, and does not authorize the
Court to ‘‘construct [its] own
hypothetical case and then evaluate the
decree against that case.’’ Microsoft, 56
F.3d at 1459. Because the ‘‘court’s
authority to review the decree depends
entirely on the government’s exercising
its prosecutorial discretion by bringing
a case in the first place,’’ it follows that
‘‘the court is only authorized to review
the decree itself,’’ and not to ‘‘effectively
redraft the compliant’’ to inquire into
other matters that the United States
might have but did not pursue. Id. at
1459–60.
VII. Determinative Documents
There are no determinative materials
or documents within the meaning of the
APPA that were considered by the
United States in formulating the
proposed Final Judgment.
Dated: September 2, 2005.
Respectfully submitted,
David C. Kully (DC Bar #448763),
Jill A. Beaird,
Attorneys for the United States, U.S.
Department of Justice, Antitrust Division,
Litigation III Section, 325 Seventh Street,
NW., Suite 300, Washington, DC 20530, (202)
305–9969 (telephone), (202) 307–9952
(facsimile), David.Kully@usdoj.gov.
[FR Doc. 05–18498 Filed 9–19–05; 8:45 am]
BILLING CODE 4410–11–M
microscope, but with an artist’s reducing glass’’).
See generally Microsoft, 56 F.3d at 1461 (discussing
whether ‘‘the remedies [obtained in the decree are]
so inconsonant with the allegations charges as to
fall outside of the ‘reaches of the public interest’ ’’).
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification
The following parties have filed
petitions to modify the application of
existing safety standards under section
101(c) of the Federal Mine Safety and
Health Act of 1977.
1. Kingwood Mining Company, LLC
[Docket No. M–2005–062–C]
Kingwood Mining Company, LLC,
Route 1 Box 294C, Newburg, West
Virginia 26410 has filed a petition to
modify the application of 30 CFR
75.364(b)(1) (Weekly examination) to its
Whitetail K-Mine (MSHA I.D. No. 46–
08751) located in Preston County, West
Virginia. The petitioner requests a
modification of the existing standard to
permit monitoring stations to be
established for the left side entries
(looking inby) from the belt entry over
of South Mains #2 at #8 crosscut to
South Mains #4 at #9 crosscut due to
deteriorating roof conditions. The
petitioner proposes to establish
monitoring stations (MS–S1, S2, S3, &
S4) at inlet entries (MS–S3 and S4) at
South #4 between #9–#10 crosscut and
the outlet entries (MS–S1 and S2) at
South #2 between #6–#7 crosscut. The
petitioner will have a certified person
examine the monitoring stations on a
weekly basis for air quantity, quality,
and direction, and record the results of
the examination in a book. The
petitioner will also examine the
stopping line between the belt entry and
the intake air entry area in question
from the South Mains #2 at #4 crosscut
to South Mains #4 at #9 crosscut each
production day for integrity, and record
the results in the daily belt examiners
book. The petitioner asserts that the
proposed alternative method would
provide at least the same measure of
protection as the existing standard.
2. Mach Mining, LLC
[Docket No. M–2005–063–C]
Mach Mining, LLC, P.O. Box 300,
Johnston City, Illinois 62951 has filed a
petition to modify the application of 30
CFR 75.1909(b)(6) (Nonpermissible
diesel-powered equipment; design and
performance requirements) to its Mach
#1 Mine (MSHA I.D. No. 11–03141)
located in Williamson County, Illinois.
The petitioner proposes to operate the
Getman Roadbuilder as it was originally
designed without front brakes. The
petitioner will provide training to the
grader operators on lowering the
moldboard for additional stopping
capability in emergency situations; train
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
operators to recognize the appropriate
speeds to use on different roadway
conditions; and limit the maximum
speed of the Roadbuilder to 10 miles per
hour. The petitioner asserts that the
proposed alternative method would
provide at least the same measure of
protection as the existing standard.
Request for Comments
Persons interested in these petitions
are encouraged to submit comments via
Federal eRulemaking Portal: https://
www.regulations.gov; E-mail: zzMSHAComments@dol.gov; Fax: (202) 693–
9441; or Regular Mail/Hand Delivery/
Courier: Mine Safety and Health
Administration, Office of Standards,
Regulations, and Variances, 1100
Wilson Boulevard, Room 2350,
Arlington, Virginia 22209. All
comments must be postmarked or
received in that office on or before
October 20, 2005. Copies of these
petitions are available for inspection at
that address.
Dated at Arlington, Virginia, this 15th day
of September 2005.
Rebecca J. Smith,
Acting Director, Office of Standards,
Regulations, and Variances.
[FR Doc. 05–18738 Filed 9–19–05; 8:45 am]
BILLING CODE 4510–43–P
NATIONAL SCIENCE FOUNDATION
Notice of Intent To Seek Approval To
Extend an Information Collection
AGENCY:
National Science Foundation
(NSF).
Notice and request for
comments.
ACTION:
SUMMARY: The National Science
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]]>Agencies
[Federal Register Volume 70, Number 181 (Tuesday, September 20, 2005)]
[Notices]
[Page 55174]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-18738]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification
The following parties have filed petitions to modify the
application of existing safety standards under section 101(c) of the
Federal Mine Safety and Health Act of 1977.
1. Kingwood Mining Company, LLC
[Docket No. M-2005-062-C]
Kingwood Mining Company, LLC, Route 1 Box 294C, Newburg, West
Virginia 26410 has filed a petition to modify the application of 30 CFR
75.364(b)(1) (Weekly examination) to its Whitetail K-Mine (MSHA I.D.
No. 46-08751) located in Preston County, West Virginia. The petitioner
requests a modification of the existing standard to permit monitoring
stations to be established for the left side entries (looking inby)
from the belt entry over of South Mains 2 at 8
crosscut to South Mains 4 at 9 crosscut due to
deteriorating roof conditions. The petitioner proposes to establish
monitoring stations (MS-S1, S2, S3, & S4) at inlet entries (MS-S3 and
S4) at South 4 between 9-10 crosscut and the
outlet entries (MS-S1 and S2) at South 2 between 6-
7 crosscut. The petitioner will have a certified person
examine the monitoring stations on a weekly basis for air quantity,
quality, and direction, and record the results of the examination in a
book. The petitioner will also examine the stopping line between the
belt entry and the intake air entry area in question from the South
Mains 2 at 4 crosscut to South Mains 4 at
9 crosscut each production day for integrity, and record the
results in the daily belt examiners book. The petitioner asserts that
the proposed alternative method would provide at least the same measure
of protection as the existing standard.
2. Mach Mining, LLC
[Docket No. M-2005-063-C]
Mach Mining, LLC, P.O. Box 300, Johnston City, Illinois 62951 has
filed a petition to modify the application of 30 CFR 75.1909(b)(6)
(Nonpermissible diesel-powered equipment; design and performance
requirements) to its Mach 1 Mine (MSHA I.D. No. 11-03141)
located in Williamson County, Illinois. The petitioner proposes to
operate the Getman Roadbuilder as it was originally designed without
front brakes. The petitioner will provide training to the grader
operators on lowering the moldboard for additional stopping capability
in emergency situations; train operators to recognize the appropriate
speeds to use on different roadway conditions; and limit the maximum
speed of the Roadbuilder to 10 miles per hour. The petitioner asserts
that the proposed alternative method would provide at least the same
measure of protection as the existing standard.
Request for Comments
Persons interested in these petitions are encouraged to submit
comments via Federal eRulemaking Portal: https://www.regulations.gov; E-
mail: zzMSHA-Comments@dol.gov; Fax: (202) 693-9441; or Regular Mail/
Hand Delivery/Courier: Mine Safety and Health Administration, Office of
Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room
2350, Arlington, Virginia 22209. All comments must be postmarked or
received in that office on or before October 20, 2005. Copies of these
petitions are available for inspection at that address.
Dated at Arlington, Virginia, this 15th day of September 2005.
Rebecca J. Smith,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 05-18738 Filed 9-19-05; 8:45 am]
BILLING CODE 4510-43-P
