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’’). 

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 

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. 

By mail ......... Assistant Attorney General, 

U.S. DOJ—ENRD, P.O. 

Box 7611, Washington, DC 

20044–7611. 

During the public comment period, 

the consent decree may be examined 

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 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 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 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 

DEPARTMENT OF LABOR 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; Veterans’ 

Employment and Training Service 

Competitive Grant Programs Reporting 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: 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. 

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. 

Comments are invited on: (1) whether 

the collection of information is 

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. 

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. 


ddrumheller on DSK120RN23PROD with NOTICES1