Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Notices 54853 

justiciable, the court of appeals would 

simply vacate the Agency’s order. Cf. 

Mechling, 368 U.S. at 329 (applying to 

unreviewed administrative orders the 

principle ‘‘that a party should not be 

concluded in subsequent litigation by a 

District Court’s resolution of issues, 

when appellate review of the judgment 

incorporating that resolution, otherwise 

available as of right, fails because of 

intervening mootness * * * [T]hat 

principle should be implemented by the 

reviewing court’s vacating the 

unreviewed judgment below.’’). Thus, 

contrary to the Government’s 

understanding, it would be pointless to 

issue a final order which in all 

likelihood would be vacated by the 

court of appeals and which would 

therefore have no preclusive effect. 

In conclusion, because Respondent’s 

May 2006 letter clearly manifested his 

intent to withdraw his application, and 

the Agency’s regulation does not require 

that he obtain its permission to do so, 

I hold that there is no application 

currently before the Agency. 

Accordingly, the Order to Show Cause 

must be dismissed. 

It is so ordered. 

Dated: October 15, 2009. 

Michele M. Leonhart, 

Deputy Administrator. 

[FR Doc. E9–25480 Filed 10–22–09; 8:45 am] 

BILLING CODE 4410–09–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[Notice (09–092)] 

Performance Review Board, Senior 

Executive Service (SES) 

AGENCY: National Aeronautics and 

Space Administration (NASA). 

ACTION: Notice of Membership of SES 

Performance Review Board. 

SUMMARY: The Civil Service Reform Act 

of 1978, Public Law 95–454 (Section 

405) requires that appointments of 

individual members to a Performance 

Review Board (PRB) be published in the 

Federal Register. 

The performance review function for 

the SES in NASA is being performed by 

the NASA PRB and the NASA Senior 

Executive Committee. The latter 

performs this function for senior 

executives who report directly to the 

Administrator or the Deputy 

Administrator and members of the PRB. 

The following individuals are serving 

on the Board and the Committee: 

Performance Review Board 

Chairperson, Associate Administrator, 

NASA Headquarters. 

Executive Secretary, Director, Workforce 

Management and Development 

Division, NASA Headquarters. 

Associate Deputy Administrator, NASA 

Headquarters. 

Associate Administrator for Exploration 

Systems Mission Directorate, NASA 

Headquarters. 

Associate Administrator for Space 

Operations Mission Directorate, 

NASA Headquarters. 

Associate Administrator for Science 

Mission Directorate, NASA 

Headquarters. 

Associate Administrator for Aeronautics 

Research Mission Directorate, NASA 

Headquarters. 

Associate Administrator for Institutions 

and Management, NASA 

Headquarters. 

Assistant Administrator for Diversity 

and Equal Opportunity, NASA 

Headquarters. 

Assistant Administrator for Human 

Capital Management, NASA 

Headquarters. 

Associate Administrator for Program 

Analysis and Evaluation, NASA 

Headquarters. 

Chief Engineer, NASA Headquarters. 

General Counsel, NASA Headquarters. 

Director, Ames Research Center. 

Director, Dryden Flight Research Center. 

Director, Glenn Research Center. 

Director, Goddard Space Flight Center. 

Director, Johnson Space Center. 

Director, Kennedy Space Center. 

Director, Langley Research Center. 

Director, Marshall Space Flight Center. 

Director, Stennis Space Center. 

Senior Executive Committee 

Chairperson, Deputy Administrator, 

NASA Headquarters. 

Chair, Executive Resources Board, 

NASA Headquarters. 

Chair, NASA Performance Review 

Board, NASA Headquarters. 

Chief of Staff, NASA Headquarters. 

Associate Deputy Administrator, NASA 

Headquarters. 

Chief, Safety and Mission Assurance, 

NASA Headquarters. 

Charles F. Bolden, Jr., 

Administrator. 

[FR Doc. E9–25579 Filed 10–22–09; 8:45 am] 

BILLING CODE P 

NATIONAL SCIENCE FOUNDATION 

Proposal Review Panel for Materials 

Research; Notice of Meeting 

In accordance with the Federal 

Advisory Committee Act (Pub. L. 92– 

463 as amended), the National Science 

Foundation announces the following 

meeting: 

Name: Site visit review of the Materials 

Research Science and Engineering Center 

(MRSEC) at The Ohio State University by 

NSF Division of Materials Research (DMR) 

#1203. 

Date and Time: Friday, November 13, 

2009; 8:30 a.m.–4 p.m. 

Place: The Ohio State University, 

Columbus, OH. 

Type of Meeting: Part-open. 

Contact Person: Dr. Charles Ying, Program 

Director, Materials Research Science and 

Engineering Centers Program, Division of 

Materials Research, Room 1065, National 

Science Foundation, 4201 Wilson Boulevard, 

Arlington, VA 22230, Telephone (703) 292– 

8428. 

Purpose of Meeting: To provide advice and 

recommendations concerning progress of the 

MRSEC at The Ohio State University. 

Agenda: Friday, November 13, 2009 

8:30 a.m.–2 p.m. 

OPEN—Review of Ohio State University, 

MRSEC. 

2 p.m.–4 p.m. 

CLOSED—Executive Session. 

Reason for Closing: The work being 

reviewed may include information of a 

proprietary or confidential nature, including 

technical information; financial data, such as 

salaries and personal information concerning 

individuals associated with the proposals. 

These matters are exempt under 5 U.S.C. 

552b(c), (4) and (6) of the Government in the 

Sunshine Act. 

Dated: October 20, 2009. 

Susanne Bolton, 

Committee Management Officer. 

[FR Doc. E9–25504 Filed 10–22–09; 8:45 am] 

BILLING CODE 7555–01–P 

NATIONAL SCIENCE FOUNDATION 

Proposal Review Panel for Physics; 

Notice of Meeting 

In accordance with the Federal 

Advisory Committee Act (Pub. L. 92– 

463, as amended), the National Science 

Foundation announces the following 

meeting. 

Name: Proposal Review Panel for Physics, 

Stony Brook Site Visit in Physics (#1208). 

Date and Time: Thursday, November 19, 

2009; 8:30 a.m.–6:30 p.m. Friday, November 

20, 2009: 8:30 a.m.–1:00 p.m. 

Place: Room 1020, NSF, 4201 Wilson 

Blvd., Arlington, VA 22230. 

Type of Meeting: Partially Closed. 

Contact Person: Dr. David Lissauer, 

Program Director for Elementary Particle 

Physics, National Science Foundation, 4201 

Wilson Blvd., Arlington, VA 22230. 

Telephone: (703) 292–7061. 

Purpose of Meeting: To provide an 

evaluation concerning the proposal 

submitted to the National Science 

Foundation. 


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