Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Notices 7607 

4See United States v. Enova Corp., 107 F. Supp. 

2d 10, 17 (D.D.C. 2000) (noting that the ‘‘Tunney 

Act expressly allows the court to make its public 

interest determination on the basis of the 

competitive impact statement and response to 

comments alone’’); S. Rep. No. 93–298, 93d Cong., 

1st Sess., at 6 (1973) (‘‘Where the public interest can 

be meaningfully evaluated simply on the basis of 

briefs and oral arguments, that is the approach that 

should be utilized.’’); United States v. Mid-Am. 

Dairymen, Inc., 1977–1 Trade Cas. (CCH) ¶ 61,508, 

at 71,980 (W.D. Mo. 1977) (‘‘Absent a showing of 

corrupt failure of the government to discharge its 

duty, the Court, in making its public interest 

finding, should * * * carefully consider the 

explanations of the government in the competitive 

impact statement and its responses to comments in 

order to determine whether those explanations are 

reasonable under the circumstances.’’). 

‘‘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. Id. at 1459–60. As this court 

recently confirmed in SBC 

Communications, courts ‘‘cannot look 

beyond the complaint in making the 

public interest detennination unless the 

complaint is drafted so narrowly as to 

make a mockery of judicial power.’’ SBC 

Commc’ns, 489 F. Supp. 2d at 15. 

In its 2004 amendments, Congress 

made dear its intent to preserve the 

practical benefits of utilizing consent 

decrees in antitrust enforcement, adding 

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). The 

language wrote into the statute what 

Congress intended when it 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 Senator Tunney). Rather, the 

procedure for the public interest 

determination is left to the discretion of 

the court, with the recognition that the 

court’s ‘‘scope of review remains 

sharply proscribed by precedent and the 

nature of Tunney Act proceedings.’’

SBC Commc’ns, 489 F. Supp. 2d at 11.4

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: January 24, 2008. 

Respectfully submitted, 

llll/s/llll 

Damon J. Kalt 

Sanford M. Adler 

John C. Filippini (D.C. Bar # 165159) 

Danielle M. Ganzi 

Attorneys, United States Department of 

Justice, Antitrust Division, Networks and 

Technology Enforcement Section, 600 E 

Street, NW., Suite 9500, Washington, DC 

20530, (202) 307–6200. 

[FR Doc. 08–532 Filed 2–7–08; 8:45 am] 

BILLING CODE 4410–11–M 

DEPARTMENT OF LABOR 

Office of the Secretary 

Submission for OMB Review: 

Comment Request 

February 5, 2008 

The Department of Labor (DOL) 

hereby announces the submission of the 

following public 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 

(Pub. L. 104–13, 44 U.S.C. chapter 35). 

A copy of this ICR, with applicable 

supporting documentation; including 

among other things a description of the 

likely respondents, proposed frequency 

of response, and estimated total burden 

may be obtained from the RegInfo.gov 

Web site at http://www.reginfo.gov/ 

public/do/PRAMain or by contacting 

Darrin King on 202–693–4129 (this is 

not a toll-free number) / e-mail: 

king.darrin@dol.gov. 

Interested parties are encouraged to 

send comments to the Office of 

Information and Regulatory Affairs, 

Attn: Bridget Dooling, OMB Desk 

Officer for the Employment Standards 

Administration (ESA), Office of 

Management and Budget, Room 10235, 

Washington, DC 20503, Telephone: 

202–395–7316 / Fax: 202–395–6974 

(these are not toll-free numbers), E-mail: 

OIRA_submission@omb.eop.gov within 

30 days from the date of this publication 

in the Federal Register. In order to 

ensure the appropriate consideration, 

comments should reference the OMB 

Control Number (see below). 

The OMB is particularly interested in 

comments which: 

• 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: Employment Standards 

Administration 

Type of Review: Extension without 

change of currently approved collection 

Title: Pre-Hearing Statement 

OMB Control Number: 1215–0085 

Form Number: LS–18 

Estimated Number of Respondents: 

5,400 

Total Estimated Annual Burden 

Hours: 918 

Total Estimated Cost Burden: $2,376 

Affected Public: Individuals or 

households 

Description: The Form LS–18 is used 

to refer cases to the Department’s Office 

of Administrative Law Judges for formal 

hearing under the Longshore and Harbor 

Workers’ Compensation Act [33 U.S. C. 

901]. 

Darrin A. King, 

Acting Departmental Clearance Officer. 

[FR Doc. E8–2368 Filed 2–7–08; 8:45 am] 

BILLING CODE 4510–CF–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Science, Technology, Engineering, and 

Mathematics (STEM) Opportunities in 

the Workforce System Initiative; 

Solicitation for Grant Applications 

(SGA) SGA/DFA PY 07–03, Amendment 

Number 1 

AGENCY: Employment and Training 

Administration (ETA), Labor. 

ACTION: Amendment. 

SUMMARY: The Employment and 

Training Administration published a 

document in the Federal Register of 

January 15, 2008, announcing the 

availability of funds and solicitation for 

grant applications for the Science, 

Technology, Engineering, and 

Mathematics (STEM) Opportunities in 

the Workforce System Initiative. This 

amendment will make changes to the 

January 15 document by clarifying and 

correcting this Solicitation. 

FOR FURTHER INFORMATION CONTACT: 

Marsha Daniels, Grants Management 

Specialist, Telephone (202) 693–3504. 

Amendment 

In the Federal Register of January 15, 

2008, in FR Volume 73, Number 10, the 


pwalker on PROD1PC71 with NOTICES
7608 Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Notices 

solicitation is hereby amended with the 

following: 

1. This amendment is to clarify the 

type of Workforce Investment Board that 

is an Eligible Applicant for this 

Solicitation. Where an individual 

Workforce Investment Board is cited in 

the Solicitation it will be defined as a 

State or Local Workforce Investment 

Board. 

2. On page 2533, Part I.C. Use of 

Funds/Allowable Activities, remove the 

following text: Activities funded under 

this Solicitation must be focused on 

developing skills and competencies 

related to fields identified in the 

Attachment. 

Replace with the following text: 

Activities funded under this Solicitation 

must be focused on developing skills 

and competencies related to the H–1B 

industries and occupations identified in 

the Attachment and further limited by 

the list of NSF-defined STEM fields on 

page 2531, center column. 

3. On page 2542, the Attachment: H–

1B Industry Sectors and Occupations, 

add the following text under the header: 

For the purposes of this Solicitation, 

this list is further limited by the NSFdefined STEM fields on page 2531. 

4. A virtual Prospective Applicant 

Conference was held via webinar for 

this grant competition on January 25, 

2008. A recorded version can be viewed 

at: http://www.workforce3one.org/ 

view.cfm?id=4776&info=1 

Signed at Washington, DC, this 4th day of 

February 2008. 

Eric Luetkenhaus, 

Grant Officer, Employment & Training 

Administration. 

[FR Doc. E8–2336 Filed 2–7–08; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Bureau of Labor Statistics 

Proposed Collection, Comment 

Request 

ACTION: Notice. 

SUMMARY: The Department of Labor, as 

part of its continuing effort to reduce 

paperwork and respondent burden, 

conducts a pre-clearance consultation 

program to provide the general public 

and Federal agencies with an 

opportunity to comment on proposed 

and/or continuing collections of 

information in accordance with the 

Paperwork Reduction Act of 1995 

(PRA95) [44 U.S.C. 3506(c)(2)(A)]. 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 Bureau of Labor 

Statistics (BLS) is soliciting comments 

concerning the proposed extension of 

the ‘‘Report on Current Employment 

Statistics.’’ A copy of the proposed 

information collection request (ICR) 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 

ADDRESSES section of this notice on or 

before April 8, 2008. 

ADDRESSES: Send comments to Amy A. 

Hobby, BLS Clearance Officer, Division 

of Management Systems, Bureau of 

Labor Statistics, Room 4080, 2 

Massachusetts Avenue, NE., 

Washington, DC 20212, 202–691–7628. 

(This is not a toll free number.) 

FOR FURTHER INFORMATION CONTACT: 

Amy A. Hobby, BLS Clearance Officer, 

202–691–7628. (See ADDRESSES section.) 

SUPPLEMENTARY INFORMATION:

I. Background 

The Current Employment Statistics 

(CES) program provides current 

monthly statistics on employment, 

hours, and earnings, by industry and 

geography. CES estimates are among the 

most visible and widely-used Principal 

Federal Economic Indicators (PFEIs). 

CES data also are among the timeliest of 

the PFEIs, with their release each month 

by the BLS in the Employment 

Situation, typically on the first Friday of 

each month. The statistics are 

fundamental inputs in economic 

decision processes at all levels of 

government, private enterprise, and 

organized labor. 

The CES monthly estimates of 

employment, hours, and earnings are 

based on a sample of U.S. 

nonagricultural establishments. 

Information is derived from 

approximately 260,000 reports 

(representing about 150,000 

Unemployment Insurance (UI) accounts 

and 390,000 individual worksites), as of 

January 2008. Each month, firms report 

their employment, payroll, and hours on 

forms identified as the BLS–790. The 

sample is collected under a probability 

based design. Puerto Rico and the Virgin 

Islands collect an additional 4,800 

reports using a quota sample. 

A list of all form types currently used 

is listed below in the Desired Focus of 

Comments section of this notice. 

Respondents receive variations of the 

basic collection forms, depending on 

their industry. The BLS is requesting 

approval through February 29, 2011. 

The CES program is a voluntary 

program under Federal statute (29 

U.S.C. 2). Reporting to the State 

agencies is voluntary in all but four 

States (Oregon, Washington, North 

Carolina, South Carolina), Puerto Rico, 

and the Virgin Islands. To our 

knowledge, the States that do have 

mandatory reporting rarely exercise 

their authority. The collection form’s 

confidentiality statement cites the 

Confidential Information Protection and 

Statistical Efficiency Act of 2002 and 

mentions the State mandatory reporting 

authority. 

II. Current Action 

Office of Management and Budget 

clearance is being sought for the Report 

on Current Employment Statistics. 

Automated data collection methods 

are now used for most of the CES 

sample. Approximately 115,000 reports 

are received through Electronic Data 

Interchange and 56,100 reports are 

collected using Computer Assisted 

Telephone Interviewing, as of January 

2008. Touchtone Data Entry is the third 

largest mode, accounting for 37,100 

reports. In comparison, only 4,300 

reports are collected by mail. Fax also 

is a significant collection mode, as 

16,200 reports are collected via this 

method. 

Web collection is rapidly increasing 

in importance as approximately 14,200 

reports were collected as of January 

2008. The balance of the sample is 

collected through other automated 

methods, including submission of tapes, 

diskettes, and e-mail. 

The BLS has decided to significantly 

increase the use of Web for CES data 

collection. Web when compared to 

Touchtone Data Entry has higher 

response rates. The BLS also has 

decided to stop research on fax optical 

character recognition collection due to 

cost and technical considerations. 

Instead, firms are offered the 

opportunity to submit an Excel file in a 

standard format through the BLS Web 

site. 

III. Desired Focus of Comments 

The Bureau of Labor Statistics 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, 


pwalker on PROD1PC71 with NOTICES