Senior Executive Service; Appointment of Members to the Performance Review Board, 71378-71379 [2023-22745]
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71378
Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices
Hesai filed petitions for inter partes
review before the Patent Trial and
Appeal Board with respect to two of the
patents at issue in this investigation. On
September 14, 2023, Hesai and OUII
filed their responses to Ouster’s notice
of recent developments.
The Commission has determined to
review and, on review, to affirm the
subject ID with modification. In
particular, the Commission strikes the
‘‘wholly groundless’’ legal standard
discussion and analysis at pages 11–12
and 16 of the subject ID, including the
following statements: (1) ‘‘[T]he ALJ
then must make a secondary inquiry to
determine whether the assertion of
arbitrability is ‘wholly groundless.’ If it
is determined that the assertion of
arbitrability is not ‘wholly groundless.’ ’’
ID at 11. (2) ‘‘Therefore, Hesai’s claim
for arbitration is not ‘wholly
groundless.’ ’’ ID at 11–12. (3) ‘‘In other
words, the demand for arbitration is ‘not
wholly groundless.’ ’’ ID at 16. The
Supreme Court previously overruled the
‘‘wholly groundless’’ exception, holding
that ‘‘[w]hen the parties’ contract
delegates the arbitrability question to an
arbitrator, a court may not override the
contract . . . even if the court thinks
that the argument that the arbitration
agreement applies to a particular
dispute is wholly groundless . . . In
sum, we reject the ‘wholly groundless’
exception.’’ Henry Schein, Inc. v. Archer
& White Sales, Inc., 139 S. Ct. 524, 529–
31 (2019).
The Commission also addresses a
typographical error at page 10 of the
subject ID by modifying ‘‘See id. at
¶ 9.5’’ to state ‘‘See id. at ¶ 9.4.’’ This is
a citation for the sentence in the subject
ID that states ‘‘[t]he Choice of Law for
purposes of construing the Settlement
Agreement is designated as California
law,’’ and Section 9.4 of the Settlement
Agreement on ‘‘Governing Law’’ is the
section that determines the choice of
law for the Settlement Agreement.
With regard to Ouster’s notice of
recent developments, the Commission
finds that, under the facts of this
investigation, Hesai’s separately filed
inter partes review petitions do not
prevent the Commission from
determining that the investigation must
be terminated in favor of arbitration.
The Commission also notes that the
Settlement Agreement provides that
‘‘either Party shall have the right to
challenge the validity and enforceability
of any Patent in defense to a suit or
assertion of a claim relating to any such
Patent that is brought against a Party or
alleging infringement by a Licensee
Product or a Velodyne Product.’’
Settlement Agreement section 3.4
(‘‘Contesting Validity’’).
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The investigation is terminated.
The Commission vote for this
determination took place on October 10,
2023.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
By order of the Commission.
Issued: October 11, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023–22754 Filed 10–13–23; 8:45 am]
BILLING CODE 7020–02–P
and downloaded at this Justice
Department website: https://
www.justice.gov/enrd/consent-decrees.
We will provide a paper copy of the
consent decree upon written request
and payment of reproduction costs.
Please mail your request and payment
to: Consent Decree Library, U.S. DOJ—
ENRD, P.O. Box 7611, Washington, DC
20044–7611.
Please enclose a check or money order
for $3.75 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Patricia McKenna,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2023–22775 Filed 10–13–23; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA)
On October 10, 2023, the Department
of Justice lodged a proposed Consent
Decree with the United States District
Court for the District of Nebraska in the
lawsuit entitled United States of
America v. Dravo Corp., et al., Civ. No.
8:01–cv–00500–JFB–TBT (D. Neb.).
The proposed consent decree resolves
claims against Desco Corporation
pursuant to section 107(a) CERCLA for
response costs incurred and to be
incurred by EPA for Operable Unit 01 of
the Hastings Groundwater
Contamination Superfund Site and
requires the Defendant to make a
payment of $131,067 to EPA.
The publication of this notice opens
a period for public comment on the
consent decree. Comments should be
addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and should refer to
United States of America v. Dravo
Corp., et al., D.J. Ref. No. 90–11–2–
1260/10. All comments must be
submitted no later than thirty (30) days
after the publication date of this notice.
Comments may be submitted either by
email or by mail:
To submit
comments:
Send them to:
By email .......
pubcomment-ees.enrd@
usdoj.gov.
Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC
20044–7611.
By mail .........
During the public comment period,
the consent decree may be examined
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DEPARTMENT OF LABOR
Office of the Secretary
Senior Executive Service; Appointment
of Members to the Performance
Review Board
Title 5 U.S.C. 4314(c)(4) provides that
Notice of the Appointment of the
individual to serve as a member of the
Performance Review Board of the Senior
Executive Service shall be published in
the Federal Register.
The following individuals are hereby
appointed to serve on the Department’s
Performance Review Board:
Permanent Membership
Chair—Nikki McKinney, Associate
Deputy Secretary
Vice-Chair—Carolyn AngusHornbuckle, Assistant Secretary for
Administration and Management
Alternate Vice-Chair—Sydney Rose,
Chief Human Capital Officer
Rotating Membership—Appointments
Expire on 09/30/26
BLS Tony Williams, Associate
Commissioner for Technology and
Survey Processing
EBSA Amber Rivers, Director of
Health Plan Standards and
Compliance Assistance
ETA Nicholas Lalpuis, Regional
Administrator, Dallas
ILAB Molly McCoy, Associate Deputy
Undersecretary
MSHA Brian Goepfert, Administrator
for Mine Safety and Health
Enforcement
OASAM Carl Campbell, Senior
Procurement Executive
ODEP Jennifer Sheehy, Deputy
Assistant Secretary
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Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices
OFCCP Tina Williams, Director,
Division of Policy and Program
Development
OLMS Emily Prosise, Regional
Director, St. Louis, MO
OSHA Eric Harbin, Regional
Administrator, Dallas
OWCP Christy Long, National
Administrator of Field Operations,
Seattle
SOL John Rainwater, Regional
Solicitor, Dallas
VETS Ivan Denton, Director, National
Programs
WHD Ruben Rosalez, Regional
Administrator, San Francisco
FOR FURTHER INFORMATION CONTACT:
Tania Burkley, Chief, Division of
Executive Resources, Room N2453, U.S.
Department of Labor, Frances Perkins
Building, 200 Constitution Ave. NW,
Washington, DC 20210, telephone: (202)
693–7638.
Signed at Washington, DC.
Carolyn Angus-Hornbuckle,
Assistant Secretary for Administration and
Management.
[FR Doc. 2023–22745 Filed 10–13–23; 8:45 am]
BILLING CODE 4510–04–P
DEPARTMENT OF LABOR
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Veterans’
Employment and Training Service
Competitive Grant Programs Reporting
Notice of availability; request
for comments.
ACTION:
The Department of Labor
(DOL) is submitting this Veterans’
Employment and Training Service
(VETS)-sponsored information
collection request (ICR) to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995
(PRA). Public comments on the ICR are
invited.
DATES: The OMB will consider all
written comments that the agency
receives on or before November 15,
2023.
SUMMARY:
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.
Comments are invited on: (1) whether
the collection of information is
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ADDRESSES:
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necessary for the proper performance of
the functions of the Department,
including whether the information will
have practical utility; (2) the accuracy of
the agency’s estimates of the burden and
cost of the collection of information,
including the validity of the
methodology and assumptions used; (3)
ways to enhance the quality, utility and
clarity of the information collection; and
(4) ways to minimize the burden of the
collection of information on those who
are to respond, including the use of
automated collection techniques or
other forms of information technology.
FOR FURTHER INFORMATION CONTACT:
Michael Howell by telephone at 202–
693–6782, or by email at DOL_PRA_
PUBLIC@dol.gov.
SUPPLEMENTARY INFORMATION: This
request pertains the collection of
performance data for the discretionary
grants authorized under chapter 20 of
title 38 of the United States Code. The
collection of information is necessary
for the proper oversight of discretionary
grant funds administered by the
Department of Labor’s Veterans’
Employment and Training Service
(VETS) as required by law and
regulation. These discretionary grants
fund over 160 homeless veterans’
reintegration projects that serve over
17,000 veterans experiencing
homelessness, veterans at-risk of
homelessness, and incarcerated veterans
annually. The discretionary grant funds
are also used to fund over 30 Stand
Down events annually. For additional
substantive information about this ICR,
see the related notice published in the
Federal Register on July 25, 2023 (88 FR
47918).
This information collection is subject
to the PRA. A Federal agency generally
cannot conduct or sponsor a collection
of information, and the public is
generally not required to respond to an
information collection, unless the OMB
approves it and displays a currently
valid OMB Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information that does not
display a valid OMB Control Number.
See 5 CFR 1320.5(a) and 1320.6.
Agency: DOL–VETS.
Title of Collection: Veterans’
Employment and Training Service
Competitive Grant Programs Reporting.
OMB Control Number: 1293–0014.
Affected Public: Businesses or other
for-profits; not-for-profit institutions;
State, local and Tribal governments.
Number of Respondents: 970.
Frequency: Varies.
Number of Responses: 852.
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71379
Estimated Average Time per
Response: Varies.
Annual Burden Hours: 11,180 hours.
Total Estimated Annual Other Costs
Burden: $0.
(Authority: 44 U.S.C. 3507(a)(1)(D))
Michael Howell,
Senior Paperwork Reduction Act Analyst.
[FR Doc. 2023–22744 Filed 10–13–23; 8:45 am]
BILLING CODE 4510–79–P
DEPARTMENT OF LABOR
Bureau of Labor Statistics
Data Users Advisory Committee;
Notice of Meeting and Agenda
The Bureau of Labor Statistics Data
Users Advisory Committee will meet on
Thursday, November 9, 2023. This
meeting will be held virtually.
The Committee provides advice to the
Bureau of Labor Statistics from the
points of view of data users from
various sectors of the U.S. economy,
including the labor, business, research,
academic, and government
communities. The Committee advises
on technical matters related to the
collection, analysis, dissemination, and
use of the Bureau’s statistics, on its
published reports, and on the broader
aspects of its overall mission and
function.
The agenda for the meeting is as
follows:
12 p.m. Acting Commissioner’s
Welcome and Remarks
12:30 p.m. Quarterly Census of
Employment and Wages (QCEW)
Labor Market Concentration
Statistics
1:15 p.m. Skills Analysis Project
2 p.m. Break
2:15 p.m. State Level Consumer Price
Indexes
3 p.m. More Detailed Timing for Injury
and Illness Data in Survey of
Occupational Injuries and Illnesses
(SOII)
3:45 p.m. Discussion of Future Topics
and Concluding Remarks
4 p.m. Conclusion
All times are eastern time. The
meeting is open to the public. Anyone
planning to attend the meeting should
contact Ebony Davis, Data Users
Advisory Committee, at Davis.Ebony@
bls.gov. Any questions about the
meeting should be addressed to Mrs.
Davis. Individuals who require special
accommodations should contact Mrs.
Davis at least two days prior to the
meeting date.
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Agencies
[Federal Register Volume 88, Number 198 (Monday, October 16, 2023)]
[Notices]
[Pages 71378-71379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22745]
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DEPARTMENT OF LABOR
Office of the Secretary
Senior Executive Service; Appointment of Members to the
Performance Review Board
Title 5 U.S.C. 4314(c)(4) provides that Notice of the Appointment
of the individual to serve as a member of the Performance Review Board
of the Senior Executive Service shall be published in the Federal
Register.
The following individuals are hereby appointed to serve on the
Department's Performance Review Board:
Permanent Membership
Chair--Nikki McKinney, Associate Deputy Secretary
Vice-Chair--Carolyn Angus-Hornbuckle, Assistant Secretary for
Administration and Management
Alternate Vice-Chair--Sydney Rose, Chief Human Capital Officer
Rotating Membership--Appointments Expire on 09/30/26
BLS Tony Williams, Associate Commissioner for Technology and Survey
Processing
EBSA Amber Rivers, Director of Health Plan Standards and Compliance
Assistance
ETA Nicholas Lalpuis, Regional Administrator, Dallas
ILAB Molly McCoy, Associate Deputy Undersecretary
MSHA Brian Goepfert, Administrator for Mine Safety and Health
Enforcement
OASAM Carl Campbell, Senior Procurement Executive
ODEP Jennifer Sheehy, Deputy Assistant Secretary
[[Page 71379]]
OFCCP Tina Williams, Director, Division of Policy and Program
Development
OLMS Emily Prosise, Regional Director, St. Louis, MO
OSHA Eric Harbin, Regional Administrator, Dallas
OWCP Christy Long, National Administrator of Field Operations, Seattle
SOL John Rainwater, Regional Solicitor, Dallas
VETS Ivan Denton, Director, National Programs
WHD Ruben Rosalez, Regional Administrator, San Francisco
FOR FURTHER INFORMATION CONTACT: Tania Burkley, Chief, Division of
Executive Resources, Room N2453, U.S. Department of Labor, Frances
Perkins Building, 200 Constitution Ave. NW, Washington, DC 20210,
telephone: (202) 693-7638.
Signed at Washington, DC.
Carolyn Angus-Hornbuckle,
Assistant Secretary for Administration and Management.
[FR Doc. 2023-22745 Filed 10-13-23; 8:45 am]
BILLING CODE 4510-04-P