Petitions for Modification, 71861-71862 [E5-6705]

Download as PDF Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Notices INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–406, Enforcement I (Remand)] In the Matter of Certain Lens-Fitted Film Packages; Notice of Commission Decision To Terminate a Remand Proceeding U.S. International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to terminate the above-captioned proceeding. Jean Jackson, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3104. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–2000. General information concerning the Commission may also be obtained by accessing its Internet server at http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this enforcement proceeding on July 31, 2001, based on a complaint filed by Fuji Photo Film Co., Ltd. (‘‘Fuji’’). Fuji sought to enforce a general exclusion order issued as a result of an investigation conducted by the Commission in 1999, Inv. No. 337– TA–406, Certain Lens-Fitted Film Packages. The investigation involved newly made and refurbished lens-fitted film packages and involved numerous Fuji patents, including U.S. Patent No. 4,884,087 (‘‘the ‘087 patent’’). The initial investigation also involved numerous respondents, twenty-six of whom were found to violate section 337 of the Tariff Act of 1930. Respondent VastFame Camera, Ltd. (‘‘VastFame’’) was not a party to the initial investigation, and its VN99 and VN991 cameras were not at issue in that investigation. FOR FURTHER INFORMATION CONTACT: VerDate Aug<31>2005 19:12 Nov 29, 2005 Jkt 208001 During the enforcement proceedings, VastFame pled as a defense that claim 15 of the ‘087 patent was invalid under 35 U.S.C. 102 and 103(a). The presiding administrative law judge refused to consider invalidity, ruling that no defense could be raised in the enforcement proceeding. The Commission adopted this ruling. VastFame appealed this ruling to the Federal Circuit, which reversed and remanded the case for further proceedings. See VastFame Camera, Ltd. v. Int’l Trade Comm’n, 386 F.3d 1108 (Fed. Cir. 2004). VastFame did not challenge the ALJ’s determination that the VN99 and VN991 cameras infringe claim 15 of the ‘087 patent. On June 23, 2005, the ALJ precluded VastFame from raising new invalidity defenses under 35 U.S.C. 112, and, on June 25–26, 2005, the ALJ conducted an evidentiary hearing on the remaining invalidity issues. The ALJ held that the asserted prior art references, Japanese Unexamined Utility Model Publication Nos. 53–127934 and 48–46622, do not anticipate claim 15 of the ‘087 patent and that they do not render the claimed invention obvious in combination with Dutch Patent No. 6,708,486. On September 23, 2005, VastFame filed a petition for review, arguing that the ALJ improperly concluded that claim 15 is not invalid. On September 30, 2005, the Commission’s investigative attorney filed a response to VastFame’s petition, and on October 3, 2005, Fuji also filed a response. Both asserted that VastFame had not shown any clear error of fact, error of law, or abuse of discretion in the ALJ’s final initial determination (ID) that would merit Commission review. On October 27, 2005, after examining the record of this investigation, including the ALJ’s final ID, the petitions for review, and the responses thereto, the Commission determined to review in part the ALJ’s ID. Specifically, the Commission determined to review the portion of the ALJ’s claim interpretation that relies on law of the case. On review, the Commission determined to take no position with respect to that analysis, but affirmed the ALJ’s claim construction based on his independent finding that the preamble to claim 15 is a claim limitation. The Commission requested that the parties provide written submissions indicating whether there are any further proceedings required by the Commission to complete this remand. All parties responded that no further proceedings were required. Accordingly, the Commission has terminated the remand proceedings. PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 71861 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). By order of the Commission. Issued: November 23, 2005. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 05–23493 Filed 11–29–05; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF LABOR Mine Safety and Health Administration Petitions for Modification The following parties have filed petitions to modify the application of existing safety standards under section 101(c) of the Federal Mine Safety and Health Act of 1977. 1. Bridger Coal Company [Docket No. M–2005–073–C] Bridger Coal Company, P.O. Box 68, Point of Rocks, Wyoming 82942 has filed a petition to modify the application of 30 CFR 75.1101–8 (Water sprinkler systems; arrangement of sprinklers) to its Bridger Underground Mine (MSHA I.D. No. 48–01646) located in Sweetwater County, Wyoming. The petitioner requests to modify the application of 30 CFR 75.1101–8 (Water sprinkler systems arrangement of sprinklers) if the belt controller and take-up control units comply with existing safety standards 30 CFR 75.340 and 75.1107–1(a)(3). The petitioner states that the units presently are electric and are located in transformer rooms which comply with the safety standards 75.340 and 75.1107–1(a)(3). The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the existing standard. 2. Brooks Run Mining Company, LLC [Docket No. M–2005–074–C] Brooks Run Mining Company, LLC, 25 Little Birch Road, Sutton, West Virginia 25601 has filed a petition to modify the application of 30 CFR 75.1002 (Installation of electric equipment and conductors; permissibility) to its Saylor Mine (MSHA I.D. No. 46–09126) located in Braxton County, West Virginia. The petitioner requests a modification of the existing standard to permit a production stream to be maintained from the 2,400volt continuous miners at the Saylor Mine. The petitioner has listed in this petition specific terms and conditions that will be followed when the proposed E:\FR\FM\30NON1.SGM 30NON1 71862 Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Notices alternative method is implemented. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the existing standard. 3. AMFIRE Mining Company, LLC [Docket No. M–2005–075–C] AMFIRE Mining Company, LLC, P.O. Box 157, Clymer, Pennsylvania 15728 has filed a petition to modify the application of 30 CFR 75.1710–1 (Canopies or cabs; self-propelled dieselpowered and electric face equipment; installation requirements) to its Nolo Mine (MSHA I.D. No. 36–08850) located in Indiana County, Pennsylvania. The petitioner proposes to operate selfpropelled electric face equipment without cabs and canopies in coal seams of 48″ or less. The petitioner asserts that using cabs and canopies on the equipment in areas of 48′ or less results in a diminution of safety causing the roof support to be dislodged. In addition, the operator’s visibility is decreased which poses a hazardous situation to persons traveling on foot. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the existing standard. Request for Comments Persons interested in these petitions are encouraged to submit comments via e-mail: zzMSHA-Comments@dol.gov; Fax: (202) 693–9441; or Regular Mail/ Hand Delivery/Courier: Mine Safety and Health Administration, Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209. All comments must be postmarked or received in that office on or before December 30, 2005. Copies of these petitions are available for inspection at that address. Dated at Arlington, Virginia this 23rd day of November 2005. Rebecca J. Smith, Acting Director, Office of Standards, Regulations, and Variances. [FR Doc. E5–6705 Filed 11–29–05; 8:45 am] BILLING CODE 4510–43–P NATIONAL SCIENCE FOUNDATION Notice of Permit Applications Received Under the Antarctic Conservation Act of 1978 (Pub. L. 95–541) National Science Foundation. Notice of Permit Modification Received under the Antarctic Conservation Act of 1978, Pub. L. 95– 541. AGENCY: ACTION: VerDate Aug<31>2005 19:12 Nov 29, 2005 Jkt 208001 SUMMARY: The National Science Foundation (NSF) is required to publish a notice of requests to modify permits issued to conduct activities regulated under the Antarctic Conservation Act of 1978. NSF has published regulations under the Antarctic Conservation Act at Title 45 Part 670 of the Code of Federal Regulations. This is the required notice of a requested permit modification. Interested parties are invited to submit written data, comments, or views with respect to this permit application by December 30, 2005. Permit applications may be inspected by interested parties at the Permit Office, address below. DATES: Comments should be addressed to Permit Office, Room 755, Office of Polar Programs, National Science Foundation, 4201 Wilson Boulevard, Arlington, Virginia 22230. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Nadene G. Kennedy at the above address or (703) 292–7405. The National Science Foundation, as directed by the Antarctic Conservation Act of 1978 (Pub. L. 95–541), as amended by the Antarctic Science, Tourism and Conservation Act of 1996, has developed regulations for the establishment of a permit system for various activities in Antarctica and designation of certain animals and certain geographic areas requiring special protection. The regulations establish such a permit system to designate Antarctic Specially Protected Areas. Description of Permit Modification Requested: The Foundation issued a permit (2004–009) to Dr. Robert L. Pitman on January 15, 2004. The issued permit allows the applicant to collect biopsy samples of up to 200 Killer whales and skin and tissue samples from approximately 10 Minke and 4 Arnoux’s Beaked whales. The applicant requests a modification to his permit to attach satellite tags on approximately 20 Killer whales to monitor their distribution. The tabs will be embedded at the base of the dorsal fin until such time the tissue rejects it and the tag falls off. Location: Antarctic waters. Dates: December 15, 2005 to March 31, 2006. SUPPLEMENTARY INFORMATION: Nadene G. Kennedy, Permit Officer, Office of Polar Programs. [FR Doc. 05–23500 Filed 11–29–05; 8:45 am] BILLING CODE 7555–01–M PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 NUCLEAR REGULATORY COMMISSION Sunshine Federal Register Notice Nuclear Regulatory Commission. DATE: Weeks of November 28, December 5, 12, 19, 26, 2005, January 2, 2006. PLACE: Commissioners’ Conference Room, 11555 Rockville Pike, Rockville, Maryland. STATUS: Public and Closed. MATTERS TO BE CONSIDERED: AGENCY: Week of November 28, 2005 Tuesday, November 29, 2005 9:30 a.m. Discussion of Management Issues (Closed—Ex. 2). Wednesday, November 30, 2005 9:25 a.m. Affirmation Session (Public Meeting) (Tentative). a. Exelon Generation Company, LLC (Early Site Permit for Clinton Site) (Tentative). 9:30 a.m. Briefing on EEO Program (Public Meeting). (Contact: Corenthis Kelley, 301–415–7380). This meeting will be webcast live at the Web address—http://www.nrc.gov Week of December 5, 2005—Tentative Thursday, December 8, 2005 1 p.m. Meeting with the Advisory Committee on Reactor Safeguards (ACRS). (Contact: John Larkins, 301–415–7360). This meeting will be webcast live at the Web address—http://www.nrc.gov Week of December 12, 2005—Tentative Monday, December 12, 2005 9 a.m. Discussion of Security Issues (Closed—Ex. 1). Wednesday, December 14, 2005 1:30 p.m. Discussion of Security Issues (Closed—Ex. 1). Thursday, December 15, 2005 1:30 p.m. Briefing on Threat Environment Assessment (Closed— Ex. 1). Week of December 19, 2005—Tentative There are no meetings scheduled for the Week of December 19, 2005. Week of December 26, 2005—Tentative There are no meetings scheduled for the Week of December 26, 2005. Week of January 2, 2006—Tentative There are no meetings scheduled for the Week of January 2, 2006. *The schedule for commission meetings is subject to change on short E:\FR\FM\30NON1.SGM 30NON1

Agencies

[Federal Register Volume 70, Number 229 (Wednesday, November 30, 2005)]
[Notices]
[Pages 71861-71862]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-6705]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification

    The following parties have filed petitions to modify the 
application of existing safety standards under section 101(c) of the 
Federal Mine Safety and Health Act of 1977.

1. Bridger Coal Company

[Docket No. M-2005-073-C]

    Bridger Coal Company, P.O. Box 68, Point of Rocks, Wyoming 82942 
has filed a petition to modify the application of 30 CFR 75.1101-8 
(Water sprinkler systems; arrangement of sprinklers) to its Bridger 
Underground Mine (MSHA I.D. No. 48-01646) located in Sweetwater County, 
Wyoming. The petitioner requests to modify the application of 30 CFR 
75.1101-8 (Water sprinkler systems arrangement of sprinklers) if the 
belt controller and take-up control units comply with existing safety 
standards 30 CFR 75.340 and 75.1107-1(a)(3). The petitioner states that 
the units presently are electric and are located in transformer rooms 
which comply with the safety standards 75.340 and 75.1107-1(a)(3). The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

2. Brooks Run Mining Company, LLC

[Docket No. M-2005-074-C]

    Brooks Run Mining Company, LLC, 25 Little Birch Road, Sutton, West 
Virginia 25601 has filed a petition to modify the application of 30 CFR 
75.1002 (Installation of electric equipment and conductors; 
permissibility) to its Saylor Mine (MSHA I.D. No. 46-09126) located in 
Braxton County, West Virginia. The petitioner requests a modification 
of the existing standard to permit a production stream to be maintained 
from the 2,400-volt continuous miners at the Saylor Mine. The 
petitioner has listed in this petition specific terms and conditions 
that will be followed when the proposed

[[Page 71862]]

alternative method is implemented. The petitioner asserts that the 
proposed alternative method would provide at least the same measure of 
protection as the existing standard.

3. AMFIRE Mining Company, LLC

[Docket No. M-2005-075-C]

    AMFIRE Mining Company, LLC, P.O. Box 157, Clymer, Pennsylvania 
15728 has filed a petition to modify the application of 30 CFR 75.1710-
1 (Canopies or cabs; self-propelled diesel-powered and electric face 
equipment; installation requirements) to its Nolo Mine (MSHA I.D. No. 
36-08850) located in Indiana County, Pennsylvania. The petitioner 
proposes to operate self-propelled electric face equipment without cabs 
and canopies in coal seams of 48'' or less. The petitioner asserts that 
using cabs and canopies on the equipment in areas of 48' or less 
results in a diminution of safety causing the roof support to be 
dislodged. In addition, the operator's visibility is decreased which 
poses a hazardous situation to persons traveling on foot. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

Request for Comments

    Persons interested in these petitions are encouraged to submit 
comments via e-mail: zzMSHA-Comments@dol.gov; Fax: (202) 693-9441; or 
Regular Mail/Hand Delivery/Courier: Mine Safety and Health 
Administration, Office of Standards, Regulations, and Variances, 1100 
Wilson Boulevard, Room 2350, Arlington, Virginia 22209. All comments 
must be postmarked or received in that office on or before December 30, 
2005. Copies of these petitions are available for inspection at that 
address.

    Dated at Arlington, Virginia this 23rd day of November 2005.
Rebecca J. Smith,
 Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. E5-6705 Filed 11-29-05; 8:45 am]
BILLING CODE 4510-43-P