Sunshine Act Meetings, 73086-73087 [2020-25278]
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Federal Register / Vol. 85, No. 221 / Monday, November 16, 2020 / Notices
F.2d at 1577 (quotation marks omitted).
‘‘The court should bear in mind the
flexibility of the public interest inquiry:
the court’s function is not to determine
whether the resulting array of rights and
liabilities is one that will best serve
society, but only to confirm that the
resulting settlement is within the
reaches of the public interest.’’
Microsoft, 56 F.3d at 1460 (quotation
marks omitted); see also United States v.
Deutsche Telekom AG, No. 19–2232
(TJK), 2020 WL 1873555, at *7 (D.D.C.
Apr. 14, 2020). More demanding
requirements would ‘‘have enormous
practical consequences for the
government’s ability to negotiate future
settlements,’’ contrary to congressional
intent. Id. at 1456. ‘‘The Tunney Act
was not intended to create a
disincentive to the use of the consent
decree.’’ Id.
The United States’ predictions about
the efficacy of the remedy are to be
afforded deference by the Court. See,
e.g., Microsoft, 56 F.3d at 1461
(recognizing courts should give ‘‘due
respect to the Justice Department’s . . .
view of the nature of its case’’); United
States v. Iron Mountain, Inc., 217 F.
Supp. 3d 146, 152–53 (D.D.C. 2016) (‘‘In
evaluating objections to settlement
agreements under the Tunney Act, a
court must be mindful that [t]he
government need not prove that the
settlements will perfectly remedy the
alleged antitrust harms[;] it need only
provide a factual basis for concluding
that the settlements are reasonably
adequate remedies for the alleged
harms.’’) (internal citations omitted);
United States v. Republic Servs., Inc.,
723 F. Supp. 2d 157, 160 (D.D.C. 2010)
(noting ‘‘the deferential review to which
the government’s proposed remedy is
accorded’’); United States v. ArcherDaniels-Midland Co., 272 F. Supp. 2d 1,
6 (D.D.C. 2003) (‘‘A district court must
accord due respect to the government’s
prediction as to the effect of proposed
remedies, its perception of the market
structure, and its view of the nature of
the case’’). The ultimate question is
whether ‘‘the remedies [obtained by the
Final Judgment are] so inconsonant with
the allegations charged as to fall outside
of the ‘reaches of the public interest.’’’
Microsoft, 56 F.3d at 1461 (quoting W.
Elec. Co., 900 F.2d at 309).
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; see also U.S. Airways, 38
F. Supp. 3d at 75 (noting that the court
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must simply determine whether there is
a factual foundation for the
government’s decisions such that its
conclusions regarding the proposed
settlements are reasonable); InBev, 2009
U.S. Dist. LEXIS 84787, at *20 (‘‘[T]he
‘public interest’ is not to be measured by
comparing the violations alleged in the
complaint against those the court
believes could have, or even should
have, been alleged’’). 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.
Microsoft, 56 F.3d at 1459–60.
In its 2004 amendments to the APPA,
Congress made clear its intent to
preserve the practical benefits of using
consent judgments proposed by the
United States in antitrust enforcement,
Public Law 108–237 § 221, and added
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); see also
U.S. Airways, 38 F. Supp. 3d at 76
(indicating that a court is not required
to hold an evidentiary hearing or to
permit intervenors as part of its review
under the Tunney Act). This language
explicitly wrote into the statute what
Congress intended when it first 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 Sen. Tunney). ‘‘A court
can make its public interest
determination based on the competitive
impact statement and response to public
comments alone.’’ U.S. Airways, 38 F.
Supp. 3d at 76 (citing Enova Corp., 107
F. Supp. 2d at 17).
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.
598–8369, Fax: (202) 514–6381, Email:
Matthew.Jones3@usdoj.gov.
[FR Doc. 2020–25171 Filed 11–13–20; 8:45 am]
BILLING CODE 4410–11–P
NATIONAL COUNCIL ON DISABILITY
Sunshine Act Meetings
The Members of the
National Council on Disability (NCD)
will hold a quarterly business meeting
on Thursday, November 19, 2020, 10:00
a.m.–4:00 p.m., Eastern Standard Time,
via teleconference. Registration is not
required.
PLACE: This meeting will occur via
teleconference. Interested parties are
encouraged to join the meeting in a
listen-only status using the following
call-in information: Teleconference
number: 1–800–353–6461; Conference
ID: 9807341; Conference Title: NCD
Meeting; Host Name: Neil Romano. In
the event of teleconference disruption or
failure, attendees can follow the meeting
by accessing the Communication Access
Realtime Translation (CART) link
provided. CART is text-only translation
that occurs real time during the meeting
and is not an exact transcript.
MATTERS TO BE CONSIDERED: The
Chairman will provide a report followed
by a discussion and vote on policy
priorities for fiscal year 2021 and fiscal
year 2022. Additional reports will be
provided by the Executive Director and
representatives from the Executive
Committee prior to adjournment for
lunch. Following lunch, Chair Catherine
Lhamon of the United States
Commission on Civil Rights will share
research findings and recommendations
from their recent report titled,
‘‘Subminimum Wages: Impacts on the
Civil Rights of People with Disabilities.’’
A panel presentation will follow on
successful transitions from 14(c)
subminimum wage employment.
Council Members will then provide
committee reports on research projects
currently in progress. The meeting will
close with public comment.
AGENDA: The times provided below are
approximations for when each agenda
item is anticipated to be discussed (all
times Eastern Standard Time):
TIME AND DATES:
Thursday, November 19
10:00–10:10 a.m. Welcome and Call to
Order
Dated: November 9, 2020
10:10–10:35
a.m. Introductions, New
Respectfully submitted,
Council Members Get Acquainted
/s/ Matthew Jones llllllllllll
10:35–11:15 a.m. Chairman’s Report,
Matthew Jones (DC Bar #1006602),
Future Work of the Council
U.S. Department of Justice, Antitrust
11:15–11:35 a.m. Executive Committee
Division, 450 Fifth Street NW, Suite 7000,
Reports
Washington, DC 20530, Telephone: (202)
PO 00000
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Federal Register / Vol. 85, No. 221 / Monday, November 16, 2020 / Notices
11:35–11:45 a.m. Executive Director’s
Report
11:45–1:00 p.m. Adjournment for Lunch
Note: CART and Phone Line will
Disconnect
1:00–1:30 p.m. Presentation by Chair
Catherine Lhamon of the U.S.
Commission on Civil Rights
regarding its latest report,
‘‘Subminimum Wages: Impact on
the Civil Rights of People with
Disabilities’’
1:30–2:30 p.m. Successful Transitions
from 14(c) Subminimum Wage
Employment
2:30–3:30 p.m. Committee Reports on
current Research Projects
1. Progress Report on COVID–19
2. Durable Medical Equipment report
3. Disparate Treatment of Puerto Rico
Residents in Federal Programs
4. Examining Medicaid
Reimbursement for Oral Healthcare
of People with I/DD report
3:30–4:00 p.m. Public Comment
4:00 p.m.—Adjournment
Public Comment: Your participation
during the public comment period
provides an opportunity for us to hear
from you—individuals, businesses,
providers, educators, parents and
advocates. Your comments are
important in bringing attention to the
issues in your community. Priority will
be given to those who register their
intent to provide comment in advance
by sending an email to
PublicComment@ncd.gov with the
subject line ‘‘Public Comment’’ with
your name, organization, state, and
topic of comment included in the body
of your email. Full-length written public
comments may also be sent to that email
address. All emails to register for public
comment at the quarterly meeting must
be received by Wednesday, November
18, 2020.
Each person will be given three
minutes to present comment. If you are
presenting as a group and prefer to
choose a spokesperson, your group
representative will be given six minutes
to provide comment. To ensure your
comments are accurately reflected and
become part of the public record, NCD
requests electronic submission prior to
the meeting or immediately after to
PublicComment@ncd.gov.
CONTACT PERSON FOR MORE INFORMATION:
Anne Sommers, NCD, 1331 F Street
NW, Suite 850, Washington, DC 20004;
202–272–2004 (V), or asommers@
ncd.gov.
Accommodations: A CART streamtext
link has been arranged for this meeting.
The web link to access CART (in
English) is: https://www.streamtext.net/
player?event=NCD-QUARTERLY. If you
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require additional accommodations,
please notify Anthony Simpson by
sending an email to asimpson.cntr@
ncd.gov as soon as possible and no later
than 24 hours prior to the meeting.
Due to last-minute confirmations or
cancellations, NCD may substitute
agenda items without advance public
notice.
Dated: November 10, 2020.
Sharon M. Lisa Grubb,
Executive Director.
[FR Doc. 2020–25278 Filed 11–12–20; 11:15 am]
BILLING CODE 8421–02–P
THE NATIONAL FOUNDATION FOR
THE ARTS AND THE HUMANITIES
Institute of Museum and Library
Services
Submission for OMB Review,
Comment Request, Proposed
Collection Requests: Generic
Clearance for the Collection of
Qualitative Feedback on Agency
Service Delivery
Institute of Museum and
Library Services, National Foundation
on the Arts and the Humanities.
ACTION: Submission for OMB Review,
comment request.
AGENCY:
The Institute of Museum and
Library Services announces the
following information collection has
been submitted to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act. This
program helps to ensure that requested
data can be provided in the desired
format, reporting burden (time and
financial resources) is minimized,
collection instruments are clearly
understood, and the impact of collection
requirements on respondents can be
properly assessed. The purpose of this
Notice is to solicit comments as part of
a Federal Government-wide effort to
streamline the process to seek feedback
from the public on service delivery.
IMLS has submitted a Generic
Information Collection Request (Generic
ICR entitled ‘‘Generic Clearance for the
Collection of Qualitative Feedback on
Agency Service Delivery ’’ to OMB for
approval under the Paperwork
Reduction Act (PRA). A copy of the
proposed information collection request
can be obtained by contacting the
individual listed below in the
ADDRESSES section of this notice.
DATES: Written comments must be
submitted to the office listed in the FOR
FURTHER INFORMATION CONTACT section
below on or before December 14, 2020.
SUMMARY:
PO 00000
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OMB is particularly interested in
comments that help the agency to:
• 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).
ADDRESSES: Comments should be sent to
Office of Information and Regulatory
Affairs, Attn.: OMB Desk Officer for
Education, Office of Management and
Budget, Room 10235, Washington, DC
20503, 202–395–7316.
FOR FURTHER INFORMATION CONTACT:
Matthew Birnbaum, PhD., Institute of
Museum and Library Services, 955
L’Enfant Plaza North SW, Suite 4000,
Washington, DC 20024–2135. Dr.
Birnbaum can be reached by telephone
at 202–653–4760, by email at
mbirnbaum@imls.gov, or by teletype
(TTY/TDD) for persons with hearing
difficulty at 202–653–4614.
SUPPLEMENTARY INFORMATION: The
Institute of Museum and Library
Services is the primary source of federal
support for the nation’s libraries and
museums. We advance, support, and
empower America’s museums, libraries,
and related organizations through grant
making, research, and policy
development. Our vision is a nation
where museums and libraries work
together to work together to transform
the lives of individuals and
communities. To learn more, visit
www.imls.gov.
Current Actions: The Generic
Clearance for the Collection of
Qualitative Feedback on Agency Service
Delivery information collection activity
will garner qualitative customer and
stakeholder feedback in an efficient,
timely manner, in accordance with the
Administration’s commitment to
improving service delivery. By
qualitative feedback, we mean
information that provides useful
insights on perceptions and opinions
but are not statistical surveys that yield
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Agencies
[Federal Register Volume 85, Number 221 (Monday, November 16, 2020)]
[Notices]
[Pages 73086-73087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25278]
=======================================================================
-----------------------------------------------------------------------
NATIONAL COUNCIL ON DISABILITY
Sunshine Act Meetings
TIME AND DATES: The Members of the National Council on Disability
(NCD) will hold a quarterly business meeting on Thursday, November 19,
2020, 10:00 a.m.-4:00 p.m., Eastern Standard Time, via teleconference.
Registration is not required.
PLACE: This meeting will occur via teleconference. Interested parties
are encouraged to join the meeting in a listen-only status using the
following call-in information: Teleconference number: 1-800-353-6461;
Conference ID: 9807341; Conference Title: NCD Meeting; Host Name: Neil
Romano. In the event of teleconference disruption or failure, attendees
can follow the meeting by accessing the Communication Access Realtime
Translation (CART) link provided. CART is text-only translation that
occurs real time during the meeting and is not an exact transcript.
MATTERS TO BE CONSIDERED: The Chairman will provide a report followed
by a discussion and vote on policy priorities for fiscal year 2021 and
fiscal year 2022. Additional reports will be provided by the Executive
Director and representatives from the Executive Committee prior to
adjournment for lunch. Following lunch, Chair Catherine Lhamon of the
United States Commission on Civil Rights will share research findings
and recommendations from their recent report titled, ``Subminimum
Wages: Impacts on the Civil Rights of People with Disabilities.'' A
panel presentation will follow on successful transitions from 14(c)
subminimum wage employment. Council Members will then provide committee
reports on research projects currently in progress. The meeting will
close with public comment.
AGENDA: The times provided below are approximations for when each
agenda item is anticipated to be discussed (all times Eastern Standard
Time):
Thursday, November 19
10:00-10:10 a.m. Welcome and Call to Order
10:10-10:35 a.m. Introductions, New Council Members Get Acquainted
10:35-11:15 a.m. Chairman's Report, Future Work of the Council
11:15-11:35 a.m. Executive Committee Reports
[[Page 73087]]
11:35-11:45 a.m. Executive Director's Report
11:45-1:00 p.m. Adjournment for Lunch
Note: CART and Phone Line will Disconnect
1:00-1:30 p.m. Presentation by Chair Catherine Lhamon of the U.S.
Commission on Civil Rights regarding its latest report, ``Subminimum
Wages: Impact on the Civil Rights of People with Disabilities''
1:30-2:30 p.m. Successful Transitions from 14(c) Subminimum Wage
Employment
2:30-3:30 p.m. Committee Reports on current Research Projects
1. Progress Report on COVID-19
2. Durable Medical Equipment report
3. Disparate Treatment of Puerto Rico Residents in Federal Programs
4. Examining Medicaid Reimbursement for Oral Healthcare of People
with I/DD report
3:30-4:00 p.m. Public Comment
4:00 p.m.--Adjournment
Public Comment: Your participation during the public comment period
provides an opportunity for us to hear from you--individuals,
businesses, providers, educators, parents and advocates. Your comments
are important in bringing attention to the issues in your community.
Priority will be given to those who register their intent to provide
comment in advance by sending an email to [email protected] with
the subject line ``Public Comment'' with your name, organization,
state, and topic of comment included in the body of your email. Full-
length written public comments may also be sent to that email address.
All emails to register for public comment at the quarterly meeting must
be received by Wednesday, November 18, 2020.
Each person will be given three minutes to present comment. If you
are presenting as a group and prefer to choose a spokesperson, your
group representative will be given six minutes to provide comment. To
ensure your comments are accurately reflected and become part of the
public record, NCD requests electronic submission prior to the meeting
or immediately after to [email protected].
CONTACT PERSON FOR MORE INFORMATION: Anne Sommers, NCD, 1331 F Street
NW, Suite 850, Washington, DC 20004; 202-272-2004 (V), or
[email protected].
Accommodations: A CART streamtext link has been arranged for this
meeting. The web link to access CART (in English) is: https://www.streamtext.net/player?event=NCD-QUARTERLY. If you require
additional accommodations, please notify Anthony Simpson by sending an
email to [email protected] as soon as possible and no later than 24
hours prior to the meeting.
Due to last-minute confirmations or cancellations, NCD may
substitute agenda items without advance public notice.
Dated: November 10, 2020.
Sharon M. Lisa Grubb,
Executive Director.
[FR Doc. 2020-25278 Filed 11-12-20; 11:15 am]
BILLING CODE 8421-02-P