Job Corps: Preliminary Finding of No Significant Impact (FONSI) for the Solar Photovoltaic (PV) Project located at Westover Job Corp Center, 103 Johnson Drive, Chicopee, MA, 45252 [E9-20969]
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Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices
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). 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
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.’’ 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 11.6
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VIII. Determinative Documents
There are no determinative materials or
documents within the meaning of the APPA
6 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
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.’’).
VerDate Nov<24>2008
22:09 Aug 31, 2009
Jkt 217001
that were considered by the United States in
formulating the proposed Final Judgment.
Dated: August 20, 2009.
Respectfully submitted,
By: lll/s/lll
Lowell R. Stern, Attorney for Plaintiff.
Certificate of Service
I hereby certify that on the 20th day
of August, 2009, I will electronically file
the foregoing with the Clerk of Court
using the CM/ECF system, which will
then send a notification of such filing
(NEF) to the following:
Brett J. Williamson,
Darin J. Glasser,
O’Melveny & Myers LLP, 610 Newport
Center Drive, 17th Floor, Newport
Beach, CA 92660–6429.
Michael E. Antalics,
Benjamin G. Bradshaw,
O’Melveny & Myers LLP, 1625 Eye
Street, NW., Washington, DC 20006.
lll/s/lll
Lowell R. Stern,
Attorney for Plaintiff.
[FR Doc. E9–21051 Filed 8–31–09; 8:45 am]
BILLING CODE 4410–11–P
DEPARTMENT OF LABOR
Office of the Secretary
Job Corps: Preliminary Finding of No
Significant Impact (FONSI) for the
Solar Photovoltaic (PV) Project located
at Westover Job Corp Center, 103
Johnson Drive, Chicopee, MA
AGENCY: Office of the Secretary,
Department of Labor.
Recovery: This project will be wholly
funded under the American Recovery
and Reconstruction Act of 2009.
ACTION: Preliminary Finding of No
Significant Impact (FONSI) for Solar PV
Panel Installation to be located at the
Westover Job Corp Center, 103 Johnson
Drive, Chicopee, Massachusetts.
SUMMARY: Pursuant to the Council on
Environmental Quality Regulations (40
CFR part 1500–08) implementing
procedural provisions of the National
Environmental Policy Act (NEPA), the
Department of Labor, Office of the
Secretary (OSEC) in accordance with 29
CFR 11.11(d), gives notice that an
Environmental Assessment (EA) has
been prepared for a proposed Solar PV
Project to be located at the Westover Job
Corp Center, 103 Johnson Drive,
Chicopee, Massachusetts, and that the
proposed plan for the construction of
solar PV panels at the Westover Job
Corps Center will have no significant
environmental impact. This Preliminary
Finding of No Significant Impact
(FONSI) will be made available for
PO 00000
Frm 00094
Fmt 4703
Sfmt 4703
public review and comment for a period
of 30 days.
DATES: Comments must be submitted by
October 1, 2009.
ADDRESSES: Any comment(s) are to be
submitted to William A. Dakshaw, P.E.,
Division of Facilities and Asset
Management, Department of Labor, 200
Constitution Avenue, NW., Room N–
4460, Washington, DC 20210, (202) 693–
2867 (this is not a toll-free number).
FOR FURTHER INFORMATION CONTACT:
Copies of the EA are available to
interested parties by contacting William
A. Dakshaw, P.E., Division of Facilities
and Asset Management, Department of
Labor, 200 Constitution Avenue, NW.,
Room N–4460, Washington, DC 20210,
(202) 693–2867 (this is not a toll-free
number).
This EA
summary addresses the proposed
construction of approximately 1.5 acres
of stationary solar photovoltaic (PV)
panels to create a 150 to 200 kilowatt
system connected to the closest
electrical terminal at the Westover Job
Corps Center. The solar panels will
produce clean energy for the Westover
Job Corps Center, demonstrate
renewable energy capabilities to Job
Corps Students and help the program
meet Federal requirements in Executive
Order 13423 for renewable energy
production. This project is not expected
to have a negative impact on population
demographics, the surrounding area,
environmental quality, or natural
systems and heritage.
Based on the information gathered
during the preparation of the EA, the
construction of the Solar PV Project at
Westover Job Corp Center, 103 Johnson
Drive, Chicopee, Massachusetts will not
create any significant adverse impacts
on the environment.
SUPPLEMENTARY INFORMATION:
Dated: August 25, 2009.
Lynn Intrepidi,
Interim National Director of Job Corps.
[FR Doc. E9–20969 Filed 8–31–09; 8:45 am]
BILLING CODE 4510–23–P
DEPARTMENT OF LABOR
Office of the Secretary
Job Corps: Preliminary Finding of No
Significant Impact (FONSI) for the
Edison Job Corps Center Solar PV
Project located at the Edison Job
Corps Center
AGENCY: Office of the Secretary,
Department of Labor.
E:\FR\FM\01SEN1.SGM
01SEN1
]]>Agencies
[Federal Register Volume 74, Number 168 (Tuesday, September 1, 2009)]
[Notices]
[Page 45252]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20969]
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DEPARTMENT OF LABOR
Office of the Secretary
Job Corps: Preliminary Finding of No Significant Impact (FONSI)
for the Solar Photovoltaic (PV) Project located at Westover Job Corp
Center, 103 Johnson Drive, Chicopee, MA
AGENCY: Office of the Secretary, Department of Labor.
Recovery: This project will be wholly funded under the American
Recovery and Reconstruction Act of 2009.
ACTION: Preliminary Finding of No Significant Impact (FONSI) for Solar
PV Panel Installation to be located at the Westover Job Corp Center,
103 Johnson Drive, Chicopee, Massachusetts.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Council on Environmental Quality Regulations
(40 CFR part 1500-08) implementing procedural provisions of the
National Environmental Policy Act (NEPA), the Department of Labor,
Office of the Secretary (OSEC) in accordance with 29 CFR 11.11(d),
gives notice that an Environmental Assessment (EA) has been prepared
for a proposed Solar PV Project to be located at the Westover Job Corp
Center, 103 Johnson Drive, Chicopee, Massachusetts, and that the
proposed plan for the construction of solar PV panels at the Westover
Job Corps Center will have no significant environmental impact. This
Preliminary Finding of No Significant Impact (FONSI) will be made
available for public review and comment for a period of 30 days.
DATES: Comments must be submitted by October 1, 2009.
ADDRESSES: Any comment(s) are to be submitted to William A. Dakshaw,
P.E., Division of Facilities and Asset Management, Department of Labor,
200 Constitution Avenue, NW., Room N-4460, Washington, DC 20210, (202)
693-2867 (this is not a toll-free number).
FOR FURTHER INFORMATION CONTACT: Copies of the EA are available to
interested parties by contacting William A. Dakshaw, P.E., Division of
Facilities and Asset Management, Department of Labor, 200 Constitution
Avenue, NW., Room N-4460, Washington, DC 20210, (202) 693-2867 (this is
not a toll-free number).
SUPPLEMENTARY INFORMATION: This EA summary addresses the proposed
construction of approximately 1.5 acres of stationary solar
photovoltaic (PV) panels to create a 150 to 200 kilowatt system
connected to the closest electrical terminal at the Westover Job Corps
Center. The solar panels will produce clean energy for the Westover Job
Corps Center, demonstrate renewable energy capabilities to Job Corps
Students and help the program meet Federal requirements in Executive
Order 13423 for renewable energy production. This project is not
expected to have a negative impact on population demographics, the
surrounding area, environmental quality, or natural systems and
heritage.
Based on the information gathered during the preparation of the EA,
the construction of the Solar PV Project at Westover Job Corp Center,
103 Johnson Drive, Chicopee, Massachusetts will not create any
significant adverse impacts on the environment.
Dated: August 25, 2009.
Lynn Intrepidi,
Interim National Director of Job Corps.
[FR Doc. E9-20969 Filed 8-31-09; 8:45 am]
BILLING CODE 4510-23-P
