Federal Register / Vol. 87, No. 87 / Thursday, May 5, 2022 / Notices 26789 

1The maximum daily civil penalty, which had 

been $10,000, was increased to $11,000 for 

violations occurring on or after November 20, 1996, 

pursuant to the Debt Collection Improvement Act 

of 1996, Public Law 104–134 § 31001(s) and FTC 

Rule 1.98, 16 DC.F.R. 1.98, 61 FR 54548 (Oct. 21, 

1996). The maximum daily penalty in effect at the 

time of Biglari’s corrective filing was $43,280 per 

day. The maximum daily penalty was increased to 

$46,517 for violations occurring on or after January 

10, 2022, 87 FR 1070 (Jan. 10, 2022). 

2Aside from a redaction of personally identifiable 

information the comment is provided in its entirety. 

member of the public. Mr. Fishbein 

asserts that the settlement is inadequate. 

He asserts that Biglari should be 

required to divest its entire holdings in 

Cracker Barrel and be precluded from 

acquiring any Cracker Barrel voting 

securities in the future. See Exhibit A. 

The United States believes that 

nothing in the comment warrants a 

change to the proposed Final Judgment 

or supports a conclusion that the 

proposed Final Judgment is not in the 

public interest. Section (g)(a) of the HSR 

Act, 15 U.S.C. 18(a)(g)(1) provides that 

the United States may recover a civil 

penalty for violations of the Act up to 

$43,280 per day of violation.1 Biglari 

will pay a penalty of $1,374,190 

pursuant to the terms of the proposed 

Final Judgment, representing 25 percent 

of the statutory maximum. The United 

States has determined that this amount 

will appropriately penalize Biglari and 

deter it and others from future 

violations of the HSR Act. As required 

by the APPA, the comment 2 and this 

response will be published in the 

Federal Register. 

V. Conclusion 

After careful consideration of the 

public comment, the United States 

continues to believe that the proposed 

Final Judgment provides an effective 

and appropriate remedy for the 

violation alleged in the Complaint and 

is therefore in the public interest. The 

United States will move this Court to 

enter the Final Judgment after the 

comment and this response are 

published as required by 15 U.S.C. 

16(d). 

Dated: April 29, 2022. 

Respectfully submitted, 

FOR PLAINTIFF, UNITED STATES OF 

AMERICA. 

/s/Kenneth A. Libby 

lllllllllllllllllllll

KENNETH A. LIBBY, 

Special Attorney for the United States, c/o 

Federal Trade Commission, 600 

Pennsylvania Avenue NW, Washington, DC 

20580, Tel: (202) 326–2694, Email: klibby@

ftc.gov. 

Exhibit A 

[FR Doc. 2022–09595 Filed 5–4–22; 8:45 am] 

BILLING CODE 4410–11–P 

DEPARTMENT OF JUSTICE 

National Institute of Corrections 

Advisory Board; Notice of Meeting 

This notice announces a forthcoming 

virtual meeting of the National Institute 

of Corrections (NIC) Advisory Board. 

The meeting will be open to the public. 

Name of the Committee: NIC 

Advisory Board. 

General Function of the Committee: 

To aid the National Institute of 

Corrections in developing long-range 

plans, advise on program development, 

and recommend guidance to assist NIC’s 

efforts in the areas of training, technical 

assistance, information services, and 

policy/program development assistance 

to Federal, state, and local corrections 

agencies. 

Date and Time: 12:00–4:00 p.m. EDT 

on Wednesday, June 1, 2022; 12:00–4:00 

p.m. EDT on Thursday, June 2, 2022 

(approximate times each day). 

Location: Virtual Platform. 

Contact Person: Leslie LeMaster, 

Executive Assistant, National Institute 

of Corrections, 320 First Street NW, 

Room 901–3, Washington, DC 20534. To 

contact Ms. LeMaster, please call (303) 

338–6620. 

Agenda: Over the course of two days 

(June 1–2, 2022), the Advisory Board 

will receive an (1) Agency Report from 

the NIC Acting Director and (2) 

overviews/updates from the agency’s 

programmatic divisions (jails, prisons, 

community services, and/or academy 

divisions). Time for questions and 

counsel is built in to the agenda. Initial 

planning for FY23 Advisory Board 

meeting(s) will also occur. 

Procedure: On June 1–2, 2022, the 

meetings are open to the public. 

Interested persons may present data, 

information, or views, orally or in 

writing, on issues pending before the 

committee between approximately 3:00 

p.m. to 3:15 p.m. each day. Written 

submissions may be submitted to the 

contact person on or before May 18, 

2022. Time allotted for each 

presentation may be limited. Those 

desiring to make formal oral 

presentations should notify the contact 

person and submit a brief written 

statement of the general nature of the 

evidence or arguments they wish to 

present, the names and addresses of 

proposed participants, and an 

indication of the approximate time 

requested on or before May 18, 2022. 

General Information: NIC welcomes 

the attendance of the public at its 

advisory committee meetings and will 

make every effort to accommodate 

persons with physical disabilities or 

special needs. If you require special 

accommodations due to a disability, 

please contact Leslie LeMaster at least 7 

days in advance of the meeting. Notice 

of this meeting is given under the 


lotter on DSK11XQN23PROD with NOTICES1EN05MY22.023</GPH>

Tapp, Jacqueline 

From: 

Sent: 

To: 

Subject: 

alan fishbein----

Wednesclay, ~M 

bccompliance 

FTC Fines Biglari Holdings Inc. for Repeatedly Violating Antitrust Laws 

I find this settlement wholly inadequate. This guy is a scumbag who just rubbed the HSR Act in the public's and the FTC's 

faces. In addition to the $1.4 mm fine, Bllgari Holdings should be required to divest its entire holdings of Cracker Barrel 

stock to thil public in a reasonably short period say 60 days at whatever aggregate price it can get for them. I presume 

i.n the settlement 8ilgari agrees to not violate the HSR law in the future but in addltion it should agree.to not purchase 

any shares.of Cracker Barrel stock, 

Alan Fishbein. 
26790 Federal Register / Vol. 87, No. 87 / Thursday, May 5, 2022 / Notices 

Federal Advisory Committee Act (5 

U.S.C. app. 2). 

Shaina Vanek, 

Acting Director, National Institute of 

Corrections. 

[FR Doc. 2022–09605 Filed 5–4–22; 8:45 am] 

BILLING CODE 4410–36–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Agency Information Collection 

Activities; Comment Request; Petition 

Requirements and Investigative Data 

Collection: Trade Act of 1974, as 

Amended 

ACTION: Notice. 

SUMMARY: The Department of Labor’s 

(DOL) Employment and Training 

Administration (ETA) is soliciting 

comments concerning a proposed 

extension for the authority to conduct 

the information collection request (ICR) 

titled, ‘‘Petition Requirements and 

Investigative Data Collection: Trade Act 

of 1974, as Amended.’’ This comment 

request is part of continuing 

Departmental efforts to reduce 

paperwork and respondent burden in 

accordance with the Paperwork 

Reduction Act of 1995 (PRA). 

DATES: Consideration will be given to all 

written comments received by July 5, 

2022. 

ADDRESSES: A copy of this ICR with 

applicable supporting documentation, 

including a description of the likely 

respondents, proposed frequency of 

response, and estimated total burden, 

may be obtained free by contacting 

Timothy Theberge, Office of Trade 

Adjustment Assistance, Room N–5428, 

Employment and Training 

Administration, U.S. Department of 

Labor, 200 Constitution Avenue NW, 

Washington, DC 20210, by telephone at 

202–693–3401 (this is not a toll-free 

number), TTY 1–877–889–5627 (this is 

not a toll-free number), or by email at 

theberge.timothy@dol.gov. 

Submit written comments about, or 

requests for a copy of, this ICR by mail 

or courier to the U.S. Department of 

Labor, Employment and Training 

Administration, Office of Trade 

Adjustment Assistance, Room N–5428, 

200 Constitution Avenue NW, 

Washington, DC 20210; by email: 

theberge.timothy@dol.gov; or by fax 

202–693–3584. 

FOR FURTHER INFORMATION CONTACT: 

Timothy Theberge by telephone at 202– 

693–3401 (this is not a toll-free number) 

or by email at theberge.timothy@dol.gov. 

Authority: 44 U.S.C. 3506(c)(2)(A). 

SUPPLEMENTARY INFORMATION: DOL, as 

part of continuing efforts to reduce 

paperwork and respondent burden, 

conducts a pre-clearance consultation 

program to provide the general public 

and Federal agencies an opportunity to 

comment on proposed and/or 

continuing collections of information 

before submitting them to the Office of 

Management and Budget (OMB) for final 

approval. This program helps to ensure 

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 can be properly assessed. 

Section 221(a) of Title II, Chapter 2 of 

the Trade Act of 1974, as amended by 

the Trade Adjustment Assistance 

Reauthorization Act of 2015, authorizes 

the Secretary of Labor and the Governor 

of each state to accept petitions for 

certification of eligibility to apply for 

adjustment assistance. The petitions 

may be filed by a group of workers, their 

certified or recognized union or duly 

authorized representative, employers of 

such workers, one-stop operators, or 

one-stop partners. ETA Form 9042, 

Petition for Trade Adjustment 

Assistance, and its Spanish translation, 

ETA Form 9042A, Solicitud De 

Asistencia Para Ajuste, establish a 

format that may be used for filing such 

petitions. There is also a web-based 

version of the ETA Form 9042. 

Sections 222, 223, and 249 of the 

Trade Act of 1974, as amended, require 

the Secretary of Labor (the Secretary) to 

issue a determination for groups of 

workers as to their eligibility to apply 

for adjustment assistance. After 

reviewing all of the information 

obtained for each petition for Trade 

Adjustment Assistance filed with the 

Department, a determination is issued 

as to whether the statutory criteria for 

certification are met. The information 

collected via the following forms will be 

used by the Secretary to determine to 

what extent, if any, increased imports or 

shifts in either service or production 

have impacted the petitioning worker 

group. 

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 it is 

approved by OMB under the PRA 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 Control Number. See 5 CFR 

1320.5(a) and 1320.6. 

Interested parties are encouraged to 

provide comments to the contact shown 

in the ADDRESSES section. Comments 

must be written to receive 

consideration, and they will be 

summarized and included in the request 

for OMB approval of the final ICR. In 

order to help ensure appropriate 

consideration, comments should 

mention OMB Control Number 1205– 

0342. 

Submitted comments will also be a 

matter of public record for this ICR and 

posted on the internet, without 

redaction. DOL encourages commenters 

not to include personally identifiable 

information, confidential business data, 

or other sensitive statements/ 

information in any comments. 

DOL is particularly interested in 

comments that: 

• 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: DOL–ETA. 

Type of Review: Extension without 

changes. 

Title of Collection: Petition 

Requirements and Investigative Data 

Collection: Trade Act of 1974, as 

Amended. 

Form(s): ETA 9042A, Petition for 

Trade Adjustment Assistance, and its 

Spanish translation ETA 9042A; ETA– 

9043 Business Data Request; ETA– 

8562A Business Customer Survey; ETA– 

8562A–1 Business Customer Survey— 

Second Tier; ETA–8562A–2 Business 

Customer Survey—Foreign; ETA– 

8562A–3 Business Customer Survey— 

Anonymous; ETA–8562B Business Bid 

Survey; ETA–9118 Business Information 

Request; ETA–9185 Application for 

Reconsideration. 


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