NASA Advisory Council; Science Committee; Earth Science Subcommittee; Meeting, 76406 [E8-29757]
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76406
Federal Register / Vol. 73, No. 242 / Tuesday, December 16, 2008 / Notices
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decree even though the court would
have imposed a greater remedy). To
meet this standard, the United States
‘‘need only provide a factual basis for
concluding that the settlements are
reasonably adequate remedies for the
alleged harms.’’ SBC Commc’ns, 489 F.
Supp. 2d at 17.
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
Complaint, 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 complaint’’ to inquire into
other matters that the United States did
not pursue. Id. at 1459–60. As this Court
recently confirmed in SBC
Communications, courts ‘‘cannot look
beyond the complaint in making the
public interest determination unless the
complaint is drafted so narrowly as to
make a mockery of judicial power.’’ SBC
Commc’ns, 489 F. Supp. 2d at 15.
In its 2004 amendments, Congress
made clear its intent to preserve the
practical benefits of utilizing consent
decrees in antitrust enforcement, adding
the unambiguous instruction that
‘‘[n]othing in this section shall be
construed to require the court to
conduct an evidentiary hearing or to
require the court to permit anyone to
intervene.’’ 15 U.S.C. 16(e)(2). The
language wrote into the statute what
Congress intended when it enacted the
Tunney Act in 1974, as Senator Tunney
explained: ‘‘[t]he court is nowhere
compelled to go to trial or to engage in
extended proceedings which might have
the effect of vitiating the benefits of
prompt and less costly settlement
through the consent decree process.’’
119 Cong. Rec. 24,598 (1973) (statement
of Senator Tunney). Rather, the
procedure for the public interest
determination is left to the discretion of
the court, with the recognition that the
court’s ‘‘scope of review remains
sharply proscribed by precedent and the
nature of Tunney Act proceedings.’’
SBC Commc’ns, 489 F. Supp. 2d at 11.3
3 See United States v. Enova Corp., 107 F. Supp.
2d 10, 17 (D.D.C. 2000) (noting that the ‘‘Tunney
Act expressly allows the court to make its public
interest determination on the basis of the
competitive impact statement and response to
comments alone’’); United States v. Mid-Am.
Dairymen, Inc., 1977–1 Trade Cas. (CCH) ’61,508,
at 71,980 (W.D. Mo. 1977) (‘‘Absent a showing of
VerDate Aug<31>2005
17:09 Dec 15, 2008
Jkt 217001
VIII. 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: December 3, 2008
Respectfully submitted,
/s/
Lowell R. Stern,
DC Bar No. 440487, U.S. Department of
Justice, Antitrust Division, Litigation II
Section, 1401 H Street, NW., Suite 3000,
Washington, DC 20530, (202) 307–0924
[FR Doc. E8–29603 Filed 12–15–08; 8:45 am]
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NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice (08–097)]
NASA Advisory Council; Science
Committee; Earth Science
Subcommittee; Meeting
AGENCY: National Aeronautics and
Space Administration.
ACTION: Notice of meeting.
SUMMARY: The National Aeronautics and
Space Administration (NASA)
announces a meeting of the Earth
Science Subcommittee of the NASA
Advisory Council (NAC). This
Subcommittee reports to the Science
Committee of the NAC. The Meeting
will be held for the purpose of soliciting
from the scientific community and other
persons scientific and technical
information relevant to program
planning.
DATES: Wednesday, January 7, 2009,
8:30 a.m. to 4:30 p.m. and Thursday,
January 8, 2009, 8:30 a.m. to 1 p.m.
Eastern Daylight Time.
ADDRESSES: NASA Headquarters, Room
3H46, 300 E Street, SW., Washington,
DC 20546.
FOR FURTHER INFORMATION CONTACT: Ms.
Marian Norris, Science Mission
Directorate, NASA Headquarters,
Washington, DC 20546, (202) 358–4452,
fax (202) 358–4118, or
mnorris@nasa.gov.
SUPPLEMENTARY INFORMATION: The
meeting will be open to the public up
to the capacity of the room. The agenda
for the meeting includes the following
topics:
—Earth Science Division Update
—NASA’s Modeling Program
—Decadal Survey Mission
Implementation and Comparative
Cost Analysis of Earth and Space
Science Missions
It is imperative that the meeting be
held on these dates to accommodate the
scheduling priorities of the key
participants. Attendees will be
requested to sign a register and to
comply with NASA security
requirements, including the
presentation of a valid picture ID, before
receiving an access badge. Foreign
nationals attending this meeting will be
required to provide the following
information no less than 7 working days
prior to the meeting: full name; gender;
date/place of birth; citizenship; visa/
green card information (number, type,
expiration date); passport information
(number, country, expiration date);
employer/affiliation information (name
of institution, address, country,
telephone); title/position of attendee. To
expedite admittance, attendees with
U.S. citizenship can provide identifying
information 3 working days in advance
by contacting Marian Norris via e-mail
at mnorris@nasa.gov or by telephone at
(202) 358–4452.
Dated: December 10, 2008.
P. Diane Rausch,
Advisory Committee Management Officer,
National Aeronautics and Space
Administration.
[FR Doc. E8–29757 Filed 12–15–08; 8:45 am]
BILLING CODE 7510–13–P
NATIONAL CREDIT UNION
ADMINISTRATION
Sunshine Act; Notice of Agency
Meeting
TIME AND DATE: 10 a.m., Thursday,
December 18, 2008.
PLACE: Board Room, 7th Floor, Room
7047, 1775 Duke Street, Alexandria, VA
22314–3428.
STATUS:
corrupt failure of the government to discharge its
duty, the Court, in making its public interest
finding, should * * * carefully consider the
explanations of the government in the competitive
impact statement and its responses to comments in
order to determine whether those explanations are
reasonable under the circumstances.’’); S. Rep. No.
93–298, 93d Cong., 1st Sess., at 6 (1973) (‘‘Where
the public interest can be meaningfully evaluated
simply on the basis of briefs and oral arguments,
that is the approach that should be utilized.’’).
PO 00000
Frm 00077
Fmt 4703
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Open.
MATTERS TO BE CONSIDERED: 1. Final
Rule—Parts 712 and 741 of NCUA Rules
and Regulations, Credit Union Service
Organizations.
2. Final Rule—Part 706 of NCUA
Rules and Regulations, Unfair or
Deceptive Acts or Practices.
3. Insurance Fund Report.
E:\FR\FM\16DEN1.SGM
16DEN1
Agencies
[Federal Register Volume 73, Number 242 (Tuesday, December 16, 2008)]
[Notices]
[Page 76406]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29757]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[Notice (08-097)]
NASA Advisory Council; Science Committee; Earth Science
Subcommittee; Meeting
AGENCY: National Aeronautics and Space Administration.
ACTION: Notice of meeting.
-----------------------------------------------------------------------
SUMMARY: The National Aeronautics and Space Administration (NASA)
announces a meeting of the Earth Science Subcommittee of the NASA
Advisory Council (NAC). This Subcommittee reports to the Science
Committee of the NAC. The Meeting will be held for the purpose of
soliciting from the scientific community and other persons scientific
and technical information relevant to program planning.
DATES: Wednesday, January 7, 2009, 8:30 a.m. to 4:30 p.m. and Thursday,
January 8, 2009, 8:30 a.m. to 1 p.m. Eastern Daylight Time.
ADDRESSES: NASA Headquarters, Room 3H46, 300 E Street, SW., Washington,
DC 20546.
FOR FURTHER INFORMATION CONTACT: Ms. Marian Norris, Science Mission
Directorate, NASA Headquarters, Washington, DC 20546, (202) 358-4452,
fax (202) 358-4118, or mnorris@nasa.gov.
SUPPLEMENTARY INFORMATION: The meeting will be open to the public up to
the capacity of the room. The agenda for the meeting includes the
following topics:
--Earth Science Division Update
--NASA's Modeling Program
--Decadal Survey Mission Implementation and Comparative Cost Analysis
of Earth and Space Science Missions
It is imperative that the meeting be held on these dates to
accommodate the scheduling priorities of the key participants.
Attendees will be requested to sign a register and to comply with NASA
security requirements, including the presentation of a valid picture
ID, before receiving an access badge. Foreign nationals attending this
meeting will be required to provide the following information no less
than 7 working days prior to the meeting: full name; gender; date/place
of birth; citizenship; visa/green card information (number, type,
expiration date); passport information (number, country, expiration
date); employer/affiliation information (name of institution, address,
country, telephone); title/position of attendee. To expedite
admittance, attendees with U.S. citizenship can provide identifying
information 3 working days in advance by contacting Marian Norris via
e-mail at mnorris@nasa.gov or by telephone at (202) 358-4452.
Dated: December 10, 2008.
P. Diane Rausch,
Advisory Committee Management Officer, National Aeronautics and Space
Administration.
[FR Doc. E8-29757 Filed 12-15-08; 8:45 am]
BILLING CODE 7510-13-P