Sunshine Act; Notice of Agency Meeting, 76406-76407 [E8-29778]

Download as PDF 76406 Federal Register / Vol. 73, No. 242 / Tuesday, December 16, 2008 / Notices sroberts on PROD1PC70 with NOTICES 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] BILLING CODE 4410–11–P 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 Sfmt 4703 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 Federal Register / Vol. 73, No. 242 / Tuesday, December 16, 2008 / Notices FOR FURTHER INFORMATION CONTACT: Mary Rupp, Secretary of the Board, Telephone: 703–518–6304. Mary Rupp, Secretary of the Board. [FR Doc. E8–29778 Filed 12–12–08; 11:15 am] BILLING CODE 7535–01–P NATIONAL SCIENCE FOUNDATION Notice of Intent To Seek Approval To Extend an Information Collection National Science Foundation. Notice and request for comments. AGENCY: sroberts on PROD1PC70 with NOTICES ACTION: SUMMARY: The National Science Foundation (NSF) is announcing plans to request clearance of this collection. In accordance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 (Pub. L. 104–13), we are providing opportunity for public comment on this action. After obtaining and considering public comment, NSF will prepare the submission requesting that OMB approve clearance of this collection for no longer than three years. DATES: Written comments on this notice must be received by February 17, 2009 to be assured of consideration. Comments received after that date will be considered to the extent practicable. For Additional Information or Comments: Contact Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation, 4201 Wilson Boulevard, Suite 295, Arlington, Virginia 22230; telephone (703) 292– 7556; or send e-mail to splimpto@nsf.gov. Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1– 800–877–8339 between 8 a.m. and 8 p.m., Eastern time, Monday through Friday. You also may obtain a copy of the data collection instrument and instructions from Ms. Plimpton. SUPPLEMENTARY INFORMATION: Title of Collection: Grantee Reporting Requirements for Science and Technology Centers (STC): Integrative Partnerships. OMB Number: 3145–0194. Expiration Date of Approval: February 28, 2009. Type of Request: Intent to seek approval to extend an information collection. Abstract: Proposed Project: The Science and Technology Centers (STC): Integrative Partnerships Program supports innovation in the integrative VerDate Aug<31>2005 17:09 Dec 15, 2008 Jkt 217001 conduct of research, education and knowledge transfer. Science and Technology Centers build intellectual and physical infrastructure within and between disciplines, weaving together knowledge creation, knowledge integration, and knowledge transfer. STCs conduct world-class research through partnerships of academic institutions, national laboratories, industrial organizations, and/or other public/private entities. New knowledge thus created is meaningfully linked to society. STCs enable and foster excellent education, integrate research and education, and create bonds between learning and inquiry so that discovery and creativity more fully support the learning process. STCs capitalize on diversity through participation in center activities and demonstrate leadership in the involvement of groups underrepresented in science and engineering. Centers selected will be required to submit annual reports on progress and plans, which will be used as a basis for performance review and determining the level of continued funding. To support this review and the management of a Center, STCs will be required to develop a set of management and performance indicators for submission annually to NSF via an NSF evaluation technical assistance contractor. These indicators are both quantitative and descriptive and may include, for example, the characteristics of center personnel and students; sources of financial support and in-kind support; expenditures by operational component; characteristics of industrial and/or other sector participation; research activities; education activities; knowledge transfer activities; patents, licenses; publications; degrees granted to students involved in Center activities; descriptions of significant advances and other outcomes of the STC effort. Part of this reporting will take the form of a database which will be owned by the institution and eventually made available to an evaluation contractor. This database will capture specific information to demonstrate progress towards achieving the goals of the program. Such reporting requirements will be included in the cooperative agreement which is binding between the academic institution and the NSF. Each Center’s annual report will address the following categories of activities: (1) Research, (2) education, (3) knowledge transfer, (4) partnerships, (5) diversity, (6) management and (7) budget issues. For each of the categories the report will describe overall objectives for the PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 76407 year, problems the Center has encountered in making progress towards goals, anticipated problems in the following year, and specific outputs and outcomes. Use of the Information: NSF will use the information to continue funding of the Centers, and to evaluate the progress of the program. Estimate of Burden: 100 hours per center for seventeen centers for a total of 1700 hours. Respondents: Non-profit institutions; Federal government. Estimated Number of Responses per Report: One from each of the seventeen centers. Comments: Comments are invited on (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information shall have practical utility; (b) the accuracy of the Agency’s estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information on respondents, including through the use of automated collection techniques or other forms of information technology; and (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Dated: December 11, 2008. Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation. [FR Doc. E8–29700 Filed 12–15–08; 8:45 am] BILLING CODE 7555–01–P NUCLEAR REGULATORY COMMISSION Biweekly Notice; Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations I. Background Pursuant to section 189a. (2) of the Atomic Energy Act of 1954, as amended (the Act), the U.S. Nuclear Regulatory Commission (the Commission or NRC staff) is publishing this regular biweekly notice. The Act requires the Commission publish notice of any amendments issued, or proposed to be issued and grants the Commission the authority to issue and make immediately effective any amendment to an operating license upon a determination by the Commission that E:\FR\FM\16DEN1.SGM 16DEN1

Agencies

National Credit Union Administration

[Federal Register Volume 73, Number 242 (Tuesday, December 16, 2008)]
[Notices]
[Pages 76406-76407]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29778]


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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:  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.

[[Page 76407]]


FOR FURTHER INFORMATION CONTACT: Mary Rupp, Secretary of the Board, 
Telephone: 703-518-6304.

Mary Rupp,
Secretary of the Board.
[FR Doc. E8-29778 Filed 12-12-08; 11:15 am]
BILLING CODE 7535-01-P

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