Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension With Change, of a Previously Approved Collection; Applications for Special Deputation, 73342-73343 [2021-27996]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 73342 Federal Register / Vol. 86, No. 245 / Monday, December 27, 2021 / Notices United States v. Alcoa, Inc., 152 F. Supp. 2d 37, 40 (D.D.C. 2001); United States v. Enova Corp., 107 F. Supp. 2d 10, 16 (D.D.C. 2000); InBev, 2009 U.S. Dist. LEXIS 84787, at *3. Instead, ‘‘[t]he balancing of competing social and political interests affected by a proposed antitrust decree must be left, in the first instance, to the discretion of the Attorney General.’’ W. Elec. Co., 993 F.2d at 1577 (quotation marks omitted). ‘‘The court should also 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. Microsoft, 56 F.3d 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.’ ’’ VerDate Sep<11>2014 19:11 Dec 23, 2021 Jkt 256001 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 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 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). PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 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 20, 2021 Respectfully submitted, For Plaintiff United States of America: lllllllllllllllllllll Justin M. Dempsey (D.C. Bar #425976), Trial Attorney, United States Department of Justice, Antitrust Division, Healthcare and Consumer Products Section, 450 Fifth Street NW, Suite 4100, Washington, DC 20530, Telephone: (202) 307–5815, Email: Justin.Dempsey@usdoj.gov. [FR Doc. 2021–27959 Filed 12–23–21; 8:45 am] BILLING CODE 4410–11–P DEPARTMENT OF JUSTICE [OMB Number 1105–0094] Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension With Change, of a Previously Approved Collection; Applications for Special Deputation U.S. Marshals Service, Department of Justice. ACTION: 60-day notice. AGENCY: The Department of Justice (DOJ), U.S. Marshals Service (USMS), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. DATES: Comments are encouraged and will be accepted for 60 days until February 25, 2022. FOR FURTHER INFORMATION CONTACT: If you have additional comments, particularly with respect to the estimated public burden or associated response time, have suggestions, need a copy of the proposed information collection instrument with instructions, or desire any additional information, please contact Nicole Timmons either by mail at CG–3, 10th Floor, Washington, DC 20530–0001, by email at Nicole.Timmons@usdoj.gov, or by telephone at 202–236–2646. SUPPLEMENTARY INFORMATION: Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —Evaluate whether the proposed collection of information is necessary for the proper performance of the SUMMARY: E:\FR\FM\27DEN1.SGM 27DEN1 Federal Register / Vol. 86, No. 245 / Monday, December 27, 2021 / Notices khammond on DSKJM1Z7X2PROD with NOTICES 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; —Evaluate whether and if so how the quality, utility, and clarity of the information to be collected can be enhanced; 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. Overview of this information collection: 1. Type of Information Collection (check justification or form 83): Extension of a currently approved collection. 2. The Title of the Form/Collection: Applications for Special Deputation. 3. The agency form number, if any, and the applicable component of the Department sponsoring the collection: Form number (if applicable): USM– 3A and USM–3C. Component: U.S. Marshals Service, U.S. Department of Justice. 4. Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Federal government and State/local government. Abstract: The collection of information for these forms is authorized by 28 U.S.C. 562. The USMS is authorized to deputize selected persons to perform the functions of a Special Deputy U.S. Marshal whenever the law enforcement needs of the USMS so require and as designated by the Associate Attorney General pursuant to 28 CFR 0.19(a)(3). USMS Special Deputation files serve as a centralized record of the special deputations granted by the USMS to assist in tracking, controlling and monitoring the Special Deputation Program. 5. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: It is estimated that 6,000 respondents will complete a 15 minute form (Form USM–3A) and 5,500 respondents will complete a 10 minute form (Form USM–3C). 6. An estimate of the total public burden (in hours) associated with the collection: The estimated public burden associated with this collection is 2,417 VerDate Sep<11>2014 19:11 Dec 23, 2021 Jkt 256001 hours. It is estimated that applicants will take 15 minutes to complete a Form USM–3A and 10 minutes to complete a Form USM–3C. In order to calculate the public burden for Form USM–3A, USMS multiplied 15 by 6,000 and divided by 60 (the number of minutes in an hour), which equals 1,500 total annual burden hours. In order to calculate the public burden for Form USM–3C, USMS multiplied 10 by 5,500 and divided by 60 (the number of minutes in an hour), which equals 917 total annual burden hours. In sum there are an estimated 2,417 total annual public burden hours associated with this collection. If additional information is required contact: Melody Braswell, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE, 3E.405A, Washington, DC 20530. Dated: December 21, 2021. Melody Braswell, Department Clearance Officer for PRA, U.S. Department of Justice. [FR Doc. 2021–27996 Filed 12–23–21; 8:45 am] BILLING CODE 4410–FY–P DEPARTMENT OF JUSTICE [OMB Number 1122–0028] Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension of Currently Approved Collection Office on Violence Against Women, Department of Justice. ACTION: 30-day notice. AGENCY: The Department of Justice, Office on Violence Against Women (OVW) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. DATES: Comments are encouraged and will be accepted for 30 days until January 26, 2022. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. SUPPLEMENTARY INFORMATION: Written comments and suggestions from the SUMMARY: PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 73343 public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: (1) 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; (2) 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; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) 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. Overview of This Information Collection (1) Type of Information Collection: Extension of a Currently Approved Collection. (2) Title of the Form/Collection: Semiannual Progress Report for Children and Youth Exposed to Violence Program. (3) Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form Number: 1122–0028. U.S. Department of Justice, Office on Violence Against Women. (4) Affected public who will be asked or required to respond, as well as a brief abstract: The affected public includes the approximately 25 grantees under the Consolidated Grant Program to Address Children and Youth Experiencing Domestic and Sexual Assault and Engage Men and Boys as Allies (hereafter referred to as the Consolidated Youth Program) enacted in the FY 2012–2018 appropriation acts, which consolidated four previously authorized and appropriated programs into one comprehensive program. The four programs included in these consolidations were: Services to Advocate for and Respond to Youth (Youth Services), Grants to Assist Children and Youth Exposed to Violence (CEV), Engaging Men and Youth in Preventing Domestic Violence (EMY), and Supporting Teens through Education and Prevention (STEP). The Consolidated Youth Program supports projects designed to provide coordinated community responses that E:\FR\FM\27DEN1.SGM 27DEN1

Agencies

Department of Justice

[Federal Register Volume 86, Number 245 (Monday, December 27, 2021)]
[Notices]
[Pages 73342-73343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27996]


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DEPARTMENT OF JUSTICE

[OMB Number 1105-0094]


Agency Information Collection Activities; Proposed eCollection 
eComments Requested; Extension With Change, of a Previously Approved 
Collection; Applications for Special Deputation

AGENCY: U.S. Marshals Service, Department of Justice.

ACTION: 60-day notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Justice (DOJ), U.S. Marshals Service (USMS), 
will submit the following information collection request to the Office 
of Management and Budget (OMB) for review and approval in accordance 
with the Paperwork Reduction Act of 1995.

DATES: Comments are encouraged and will be accepted for 60 days until 
February 25, 2022.

FOR FURTHER INFORMATION CONTACT: If you have additional comments, 
particularly with respect to the estimated public burden or associated 
response time, have suggestions, need a copy of the proposed 
information collection instrument with instructions, or desire any 
additional information, please contact Nicole Timmons either by mail at 
CG-3, 10th Floor, Washington, DC 20530-0001, by email at 
[email protected], or by telephone at 202-236-2646.

SUPPLEMENTARY INFORMATION: Written comments and suggestions from the 
public and affected agencies concerning the proposed collection of 
information are encouraged. Your comments should address one or more of 
the following four points:

--Evaluate whether the proposed collection of information is necessary 
for the proper performance of the

[[Page 73343]]

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;
--Evaluate whether and if so how the quality, utility, and clarity of 
the information to be collected can be enhanced; 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.

    Overview of this information collection:
    1. Type of Information Collection (check justification or form 83): 
Extension of a currently approved collection.
    2. The Title of the Form/Collection: Applications for Special 
Deputation.
    3. The agency form number, if any, and the applicable component of 
the Department sponsoring the collection:
    Form number (if applicable): USM-3A and USM-3C.
    Component: U.S. Marshals Service, U.S. Department of Justice.
    4. Affected public who will be asked or required to respond, as 
well as a brief abstract:
    Primary: Federal government and State/local government.
    Abstract: The collection of information for these forms is 
authorized by 28 U.S.C. 562. The USMS is authorized to deputize 
selected persons to perform the functions of a Special Deputy U.S. 
Marshal whenever the law enforcement needs of the USMS so require and 
as designated by the Associate Attorney General pursuant to 28 CFR 
0.19(a)(3). USMS Special Deputation files serve as a centralized record 
of the special deputations granted by the USMS to assist in tracking, 
controlling and monitoring the Special Deputation Program.
    5. An estimate of the total number of respondents and the amount of 
time estimated for an average respondent to respond: It is estimated 
that 6,000 respondents will complete a 15 minute form (Form USM-3A) and 
5,500 respondents will complete a 10 minute form (Form USM-3C).
    6. An estimate of the total public burden (in hours) associated 
with the collection: The estimated public burden associated with this 
collection is 2,417 hours. It is estimated that applicants will take 15 
minutes to complete a Form USM-3A and 10 minutes to complete a Form 
USM-3C. In order to calculate the public burden for Form USM-3A, USMS 
multiplied 15 by 6,000 and divided by 60 (the number of minutes in an 
hour), which equals 1,500 total annual burden hours. In order to 
calculate the public burden for Form USM-3C, USMS multiplied 10 by 
5,500 and divided by 60 (the number of minutes in an hour), which 
equals 917 total annual burden hours. In sum there are an estimated 
2,417 total annual public burden hours associated with this collection.
    If additional information is required contact: Melody Braswell, 
Department Clearance Officer, United States Department of Justice, 
Justice Management Division, Policy and Planning Staff, Two 
Constitution Square, 145 N Street NE, 3E.405A, Washington, DC 20530.

    Dated: December 21, 2021.
Melody Braswell,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2021-27996 Filed 12-23-21; 8:45 am]
BILLING CODE 4410-FY-P

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