Submission for OMB Review: Comment Request, 56881-56882 [E9-26362]
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Federal Register / Vol. 74, No. 211 / Tuesday, November 3, 2009 / Notices
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 the
United States District Court for the District of
Columbia 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.(5)
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VIII. Determinative Documents
There are no determinative materials of
documents within the meaning of the APPA
that were considered by plaintiff United
States in formulating the proposed Final
Judgment.
Dated: October 13, 2008.
Respectfully submitted,
lll/s/lll
Hillary B. Burchuk (D.C. Bar No. 366755).
Lawrence M. Frankel (D.C. Bar No. 441532).
Attorneys, Telecommunications & Media
Enforcement Section, Antitrust Division,
U.S. Department of Justice, Liberty Square
Building, 450 Fifth Street, NW., Suite 7000,
Washington, DC 20530, (202) 514–5621,
Facsimile: (202) 514–6381.
Footnotes
1. During the past two years, the FCC has
auctioned off additional spectrum that can be
used to support mobile wireless
telecommunications services, including
Advanced Wireless Spectrum (1710–1755
MHz and 2110–2155 MHz bands) and 700
MHz band spectrum. However, it will be
VerDate Nov<24>2008
18:15 Nov 02, 2009
Jkt 220001
several years before mobile wireless
telecommunications services utilizing this
spectrum are widely deployed, especially in
rural areas.
2. The existence of local markets does not
preclude the possibility of competitive effects
in a broader geographic area, such as a
regional or national area, though plaintiff
United States does not allege such effects in
this transaction.
3. The 2004 amendments substituted
‘‘shall’’ for ‘‘may’’ in directing relevant
factors for the court to consider and amended
the list of factors to focus on competitive
considerations and to address potentially
ambiguous judgment terms. Compare 15
U.S.C. 16(e) (2004), with 15 U.S.C. 16(e)(1)
(2006). See also SBC Commc’ns, 489 F. Supp.
2d at 11 (concluding that the 2004
amendments ‘‘effected minimal changes’’ to
Tunney Act review).
4. Cf. BNS, 858 F.2d at 464 (holding that
the court’s ‘‘ultimate authority under the
[APPA] is limited to approving or
disapproving the consent decree’’); United
States v. Gillette Co., 406 F. Supp. 713, 716
(D. Mass. 1975) (noting that, in this way, the
court is constrained to ‘‘look at the overall
picture not hypercritically, nor with a
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 charged as to fall outside
of the ‘reaches of the public interest’ ’’).
5. 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.’’).
[FR Doc. E9–26351 Filed 11–2–09; 8:45 am]
BILLING CODE P
DEPARTMENT OF LABOR
Office of the Secretary
Submission for OMB Review:
Comment Request
October 28, 2009.
The Department of Labor (DOL)
hereby announces the submission of the
following public information collection
requests (ICR) to the Office of
Management and Budget (OMB) for
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56881
review and approval in accordance with
the Paperwork Reduction Act of 1995
(Pub. L. 104–13, 44 U.S.C. chapter 35).
A copy of each ICR, with applicable
supporting documentation; including
among other things a description of the
likely respondents, proposed frequency
of response, and estimated total burden
may be obtained from the RegInfo.gov
Web site at https://www.reginfo.gov/
public/do/PRAMain or by contacting
Darrin King on 202–693–4129 (this is
not a toll-free number)/e-mail:
DOL_PRA_PUBLIC@dol.gov.
Interested parties are encouraged to
send comments to the Office of
Information and Regulatory Affairs,
Attn: OMB Desk Officer for the
Department of Labor—Mine Safety and
Health Administration (MSHA), Office
of Management and Budget, 725 17th
Street, NW., Room 10235, Washington,
DC 20503, Telephone: 202–395–4816/
Fax: 202–395–5806 (these are not tollfree numbers), E-mail:
OIRA_submission@omb.eop.gov within
30 days from the date of this publication
in the Federal Register. In order to
ensure the appropriate consideration,
comments should reference the
applicable OMB Control Number (see
below).
The OMB is particularly interested in
comments which:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• 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,
e.g., permitting electronic submission of
responses.
Agency: Mine Safety and Health
Administration.
Type of Review: Extension without
change of currently approved collection.
Title of Collection: Main Fan
Operation and Inspection.
OMB Control Number: 1219–0030.
Form Number: N/A.
Estimated Number of Respondents: 6.
Estimated Total Annual Burden
Hours: 1,980.
E:\FR\FM\03NON1.SGM
03NON1
mstockstill on DSKH9S0YB1PROD with NOTICES
56882
Federal Register / Vol. 74, No. 211 / Tuesday, November 3, 2009 / Notices
Estimated Total Annual Cost Burden
(does not include hourly wage costs):
$1,200.
Affected Public: Business or other for
profits (mines).
Description: Main fans for all
underground metal and nonmetal gassy
mines must have pressure-recording
systems. The fans are required to be
examined daily while operating if
persons are underground. The pressurerecording systems indicate whether the
fans are in good operating condition. 30
CFR 57.22204 requires the pressure
recordings to be kept one year.
Information collected through the
pressure recordings has been and is
used by mine operators and MSHA for
maintaining a constant vigilance on
mine ventilation and for ensuring that
unsafe conditions are identified early
and corrected. Technical consultants
may occasionally review such
information in addressing main fan or
ventilation problems. For additional
information, see related notice
published at Vol. 74 FR 40610 on
August 12, 2009.
Agency: Mine Safety and Health
Administration.
Type of Review: Extension without
change of currently approved collection.
Title of Collection: Escape and
Evacuation Plan (Pertains to Surface
Coal Mines & Surface Work Areas of
Underground Coal Mines).
OMB Control Number: 1219–0051.
Form Number: N/A.
Estimated Number of Respondents:
351.
Estimated Total Annual Burden
Hours: 1,695.
Estimated Total Annual Cost Burden
(does not include hourly wage costs): $0.
Affected Public: Business or other for
profits (mines).
Description: The Department’s
regulations at 30 CFR 77.1101 require
operators of surface coal mines,
including surface facilities, and surface
work areas of underground coal mines
to establish and keep current a specific
escape and evacuation plan to be
followed in the event of a fire. The plan
is used to instruct employees in the
proper method of exiting work areas in
the event of a fire. The escape and
evacuation plan is prepared by the mine
operator and is used by mines, MSHA,
and persons involved in rescue and
recovery. The plan is used to instruct
employees in the proper methods of
exiting structures in the event of a fire.
MSHA inspection personnel use the
plan to determine compliance with the
standard requiring a means of escape
and evacuation be established and the
requirement that employees be
instructed in the procedures to follow
VerDate Nov<24>2008
18:15 Nov 02, 2009
Jkt 220001
should a fire occur. For additional
information, see related notice
published at Vol. 74 FR 40611 on
August 12, 2009.
Agency: Mine Safety and Health
Administration.
Type of Review: Extension without
change of currently approved collection.
Title of Collection: Records of Preshift
and Onshift Inspections of Slope and
Shaft Areas. (Pertains to slope and shaft
sinking operations at coal mines).
OMB Control Number: 1219–0082.
Form Number: N/A.
Estimated Number of Respondents:
35.
Estimated Total Annual Burden
Hours: 14,823.
Estimated Total Annual Cost Burden
(does not include hourly wage costs): $0.
Affected Public: Business or other for
profits (mines).
Description: The Department’s
regulations at 30 CFR 77.1901 require
coal mine operators to conduct
inspections of slope and shaft areas of
hazardous conditions, including tests
for methane and oxygen deficiency,
before and during each shift and before
and after blasting. Records of the results
of the inspections are required to be
kept. The records are used by slope and
shaft supervisors and employees, State
mine inspectors, and Federal mine
inspectors. The records show that the
examinations and tests were conducted
and give insight into the hazardous
conditions that have been encountered
and those that may be encountered. The
records of inspections greatly assist
those who use them in making decisions
that will ultimately affect the safety and
health of slope and shaft sinking
employees. For additional information,
see related notice published at Vol. 74
FR 40612 on August 12, 2009.
Committee Management Secretariat,
General Services Administration, the
Administrator of the National
Aeronautics and Space Administration
(NASA) has determined that a renewal
and amendment of the Charter for the
Agency-established NASA Advisory
Council is necessary and in the public
interest in connection with the
performance of duties imposed upon
NASA by law. In connection with this
renewal, a number of amendments have
been made to the Charter as part of the
overall restructuring of the NASA
Advisory Council. The purpose of the
NASA Advisory Council is to provide
advice and make recommendations to
the NASA Administrator on Agency
programs, policies, plans, financial
controls and other matters pertinent to
the Agency’s responsibilities.
FOR FURTHER INFORMATION CONTACT: Ms.
P. Diane Rausch, Advisory Committee
Management Officer, Office of External
Relations, National Aeronautics and
Space Administration, Washington, DC
20546, 202–358–4510.
Darrin A. King,
Departmental Clearance Officer.
[FR Doc. E9–26362 Filed 11–2–09; 8:45 am]
I. Background
BILLING CODE 4510–43–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice (09–093)]
NASA Advisory Committee; Notice of
Renewal
AGENCY: National Aeronautics and
Space Administration (NASA).
ACTION: Notice of renewal of the Charter
for the NASA Advisory Council.
SUMMARY: Pursuant to sections 14(b)(1)
and 9(c) of the Federal Advisory
Committee Act (Public Law 92–463),
and after consultation with the
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
P. Diane Rausch,
Advisory Committee Management Officer,
National Aeronautics and Space
Administration.
[FR Doc. E9–26419 Filed 11–2–09; 8:45 am]
BILLING CODE 7510–13–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2009–0474]
Biweekly Notice; Applications and
Amendments to Facility Operating
Licenses Involving No Significant
Hazards Considerations
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)
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
such amendment involves no significant
hazards consideration, notwithstanding
the pendency before the Commission of
a request for a hearing from any person.
This biweekly notice includes all
notices of amendments issued, or
proposed to be issued from October 8,
2009 to October 21, 2009. The last
E:\FR\FM\03NON1.SGM
03NON1
]]>Agencies
[Federal Register Volume 74, Number 211 (Tuesday, November 3, 2009)]
[Notices]
[Pages 56881-56882]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26362]
=======================================================================
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DEPARTMENT OF LABOR
Office of the Secretary
Submission for OMB Review: Comment Request
October 28, 2009.
The Department of Labor (DOL) hereby announces the submission of
the following public information collection requests (ICR) to the
Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44
U.S.C. chapter 35). A copy of each ICR, with applicable supporting
documentation; including among other things a description of the likely
respondents, proposed frequency of response, and estimated total burden
may be obtained from the RegInfo.gov Web site at https://www.reginfo.gov/public/do/PRAMain or by contacting Darrin King on 202-
693-4129 (this is not a toll-free number)/e-mail: DOL_PRA_PUBLIC@dol.gov.
Interested parties are encouraged to send comments to the Office of
Information and Regulatory Affairs, Attn: OMB Desk Officer for the
Department of Labor--Mine Safety and Health Administration (MSHA),
Office of Management and Budget, 725 17th Street, NW., Room 10235,
Washington, DC 20503, Telephone: 202-395-4816/Fax: 202-395-5806 (these
are not toll-free numbers), E-mail: OIRA_submission@omb.eop.gov within
30 days from the date of this publication in the Federal Register. In
order to ensure the appropriate consideration, comments should
reference the applicable OMB Control Number (see below).
The OMB is particularly interested in comments which:
Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
Evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
Enhance the quality, utility, and clarity of the
information to be collected; and
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, e.g., permitting
electronic submission of responses.
Agency: Mine Safety and Health Administration.
Type of Review: Extension without change of currently approved
collection.
Title of Collection: Main Fan Operation and Inspection.
OMB Control Number: 1219-0030.
Form Number: N/A.
Estimated Number of Respondents: 6.
Estimated Total Annual Burden Hours: 1,980.
[[Page 56882]]
Estimated Total Annual Cost Burden (does not include hourly wage
costs): $1,200.
Affected Public: Business or other for profits (mines).
Description: Main fans for all underground metal and nonmetal gassy
mines must have pressure-recording systems. The fans are required to be
examined daily while operating if persons are underground. The
pressure-recording systems indicate whether the fans are in good
operating condition. 30 CFR 57.22204 requires the pressure recordings
to be kept one year. Information collected through the pressure
recordings has been and is used by mine operators and MSHA for
maintaining a constant vigilance on mine ventilation and for ensuring
that unsafe conditions are identified early and corrected. Technical
consultants may occasionally review such information in addressing main
fan or ventilation problems. For additional information, see related
notice published at Vol. 74 FR 40610 on August 12, 2009.
Agency: Mine Safety and Health Administration.
Type of Review: Extension without change of currently approved
collection.
Title of Collection: Escape and Evacuation Plan (Pertains to
Surface Coal Mines & Surface Work Areas of Underground Coal Mines).
OMB Control Number: 1219-0051.
Form Number: N/A.
Estimated Number of Respondents: 351.
Estimated Total Annual Burden Hours: 1,695.
Estimated Total Annual Cost Burden (does not include hourly wage
costs): $0.
Affected Public: Business or other for profits (mines).
Description: The Department's regulations at 30 CFR 77.1101 require
operators of surface coal mines, including surface facilities, and
surface work areas of underground coal mines to establish and keep
current a specific escape and evacuation plan to be followed in the
event of a fire. The plan is used to instruct employees in the proper
method of exiting work areas in the event of a fire. The escape and
evacuation plan is prepared by the mine operator and is used by mines,
MSHA, and persons involved in rescue and recovery. The plan is used to
instruct employees in the proper methods of exiting structures in the
event of a fire. MSHA inspection personnel use the plan to determine
compliance with the standard requiring a means of escape and evacuation
be established and the requirement that employees be instructed in the
procedures to follow should a fire occur. For additional information,
see related notice published at Vol. 74 FR 40611 on August 12, 2009.
Agency: Mine Safety and Health Administration.
Type of Review: Extension without change of currently approved
collection.
Title of Collection: Records of Preshift and Onshift Inspections of
Slope and Shaft Areas. (Pertains to slope and shaft sinking operations
at coal mines).
OMB Control Number: 1219-0082.
Form Number: N/A.
Estimated Number of Respondents: 35.
Estimated Total Annual Burden Hours: 14,823.
Estimated Total Annual Cost Burden (does not include hourly wage
costs): $0.
Affected Public: Business or other for profits (mines).
Description: The Department's regulations at 30 CFR 77.1901 require
coal mine operators to conduct inspections of slope and shaft areas of
hazardous conditions, including tests for methane and oxygen
deficiency, before and during each shift and before and after blasting.
Records of the results of the inspections are required to be kept. The
records are used by slope and shaft supervisors and employees, State
mine inspectors, and Federal mine inspectors. The records show that the
examinations and tests were conducted and give insight into the
hazardous conditions that have been encountered and those that may be
encountered. The records of inspections greatly assist those who use
them in making decisions that will ultimately affect the safety and
health of slope and shaft sinking employees. For additional
information, see related notice published at Vol. 74 FR 40612 on August
12, 2009.
Darrin A. King,
Departmental Clearance Officer.
[FR Doc. E9-26362 Filed 11-2-09; 8:45 am]
BILLING CODE 4510-43-P
