In the Matter of Certain Power Supply Controllers and Products Containing Same; Limited Exclusion Order, 9635-9636 [E9-4704]
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Federal Register / Vol. 74, No. 42 / Thursday, March 5, 2009 / Notices
automated collection techniques or
other forms of information technology.
We will summarize all comments
received regarding this notice. We will
publish that summary in the Federal
Register when the information
collection request is submitted to OMB
for review and approval.
Before including your address,
telephone number, e-mail address, or
other personal identifying information
in your comment, you should be aware
that your entire comment (including
your personal identifying information)
may be made publicly available at any
time. While you can ask us in your
comment to withhold your personal
identifying information from public
review, we cannot guarantee that we
will be able to do so.
Dated: February 18, 2009.
Roseann Gonzales,
Policy and Program Services, Denver Office.
[FR Doc. E9–4730 Filed 3–4–09; 8:45 am]
BILLING CODE 4310–MN–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
Notice of Proposed Information
Collection for 1029–0035
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Notice and request for
comments.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995, the
Office of Surface Mining Reclamation
and Enforcement (OSM) is announcing
that the information collection request
for the title described below has been
forwarded to the Office of Management
and Budget (OMB) for review and
approval. The information collection
request describes the nature of the
information collection and its expected
burden and cost.
DATES: OMB has up to 60 days to
approve or disapprove the information
collections but may respond after 30
days. Therefore, public comments
should be submitted to OMB by April 6,
2009, in order to be assured of
consideration.
SUMMARY:
Please send comments to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget, Department of the Interior Desk
Officer, via e-mail at
OIRA_Docket@omb.eop.gov, or by
facsimile to (202) 395–6566. Also,
please send a copy of your comments to
the Information Collection Clearance
jlentini on PROD1PC65 with NOTICES
ADDRESSES:
VerDate Nov<24>2008
16:49 Mar 04, 2009
Jkt 217001
Officer, Office of Surface Mining
Reclamation and Enforcement, 1951
Constitution Ave, NW., Room 202–SIB,
Washington, DC 20240, or electronically
to jtrelease@osmre.gov. Please reference
1029–0035 in your correspondence.
FOR FURTHER INFORMATION CONTACT: To
receive a copy of the information
collection request contact John A.
Trelease at (202) 208–2783. You may
also contact Mr. Trelease at
jtrelease@osmre.gov.
The Office
of Management and Budget (OMB)
regulations at 5 CFR 1320, which
implement provisions of the Paperwork
Reduction Act of 1995 (Pub. L. 104–13),
require that interested members of the
public and affected agencies have an
opportunity to comment on information
collection and recordkeeping activities
[see 5 CFR 1320.8(d)]. OSM has
submitted a request to OMB to renew
and consolidate its approval for the
collections of information found at 30
CFR Part 779 and 30 CFR Part 783,
Surface and Underground Mining
Permit Applications—Minimum
Requirements for Information on
Environmental Resources. Once
approved by OMB, OSM will
discontinue the collection number
1029–0038, currently assigned to 30
CFR Part 783. OSM is requesting a 3year term of approval for this
information collection activity.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. The OMB control
number for this collection of
information is 1029–0035.
As required under 5 CFR 1320.8(d), a
Federal Register notice soliciting
comments on this collection of
information was published on December
15, 2008 (73 FR 76056). No comments
were received. This notice provides the
public with an additional 30 days in
which to comment on the following
information collection activity:
Title: 30 CFR Parts 779 and 783—
Surface and Underground Mining
Permit Applications—Minimum
Requirements for Information on
Environmental Resources.
OMB Control Number: 1029–0035.
Summary: Applicants for surface and
underground coal mining permits are
required to provide adequate
descriptions of the environmental
resources that may be affected by
proposed underground coal mining
activities.
Bureau Form Number: None.
Frequency of Collection: Once, at time
of application submission.
SUPPLEMENTARY INFORMATION:
PO 00000
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9635
Description of Respondents: 314
surface and underground coal mining
applicants and 24 State regulatory
authorities.
Total Annual Responses: 314 coal
mining applications and 309 State
responses.
Total Annual Burden Hours: 240,444
hours.
Send comments on the need for the
collections of information for the
performance of the functions of the
agency; the accuracy of the agency’s
burden estimates; ways to enhance the
quality, utility and clarity of the
information collections; and ways to
minimize the information collection
burdens on respondents, such as use of
automated means of collections of the
information, to the addresses listed
under ADDRESSES. Please refer to 1029–
0035 in all correspondence.
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment-including your
personal identifying information may be
made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Dated: February 25, 2009.
John A. Trelease,
Acting Chief, Division of Regulatory Support.
[FR Doc. E9–4499 Filed 3–4–09; 8:45 am]
BILLING CODE 4310–05–M
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–541]
In the Matter of Certain Power Supply
Controllers and Products Containing
Same; Limited Exclusion Order
On June 13, 2005, the Commission
instituted this investigation, based on a
complaint filed by Power Integrations,
Inc. (‘‘PI’’) of San Jose, California. 70 FR.
34149 (June 13, 2005). The complaint,
as amended and supplemented, alleged
violations of section 337 of the Tariff
Act of 1930 (19 U.S.C. 1337) in the
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
certain power supply controllers and
products containing the same. The
Commission determined that System
General Corporation (‘‘SG’’) of Taipei,
Taiwan, violated section 337 by reason
of infringement of claims 1, 3, 5, and 6
of United States Patent No. 6,351,398
(‘‘the ‘398 patent’’) and claims 26 and 27
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jlentini on PROD1PC65 with NOTICES
9636
Federal Register / Vol. 74, No. 42 / Thursday, March 5, 2009 / Notices
of United States Patent No. 6,538,908
(‘‘the ‘908 patent’’).
On October 27, 2008, SG filed a
petition for modification of the limited
exclusion order in light of Kyocera
Wireless Corp. v. Int’l Trade Comm’n,
545 F.3d 1340 (Fed. Cir. 2008),
requesting that the Commission modify
the existing exclusion order so it does
not exclude downstream products of
non-respondents. On November 7, 2008,
complainant PI filed an opposition to
SG’s petition for modification. On the
same day, the Commission IA filed a
response supporting SG’s petition.
Finally, on November 26, 2008, SG
moved for leave to file a reply in
support of its petition and also filed the
reply.
Having reviewed the record in this
investigation, including the written
submissions of the parties, the
Commission has made its determination
on the petition for modification. The
Commission has determined that the
appropriate form of relief is a limited
exclusion order prohibiting the
unlicensed entry of power supply
controllers that infringe one or more of
claims 1, 3, 5, and 6 of the ‘398 patent
or claims 26 and 27 of the ‘908 patent
and that are manufactured abroad by or
on behalf of, or imported by or on behalf
of, SG, its affiliated companies, parents,
subsidiaries, licensees, contractors, or
other related business entities, or
successors or assigns. The Commission
has also determined to prohibit the
unlicensed entry of liquid crystal
display (‘‘LCD’’) computer monitors, AC
printer adapters, and sample/
demonstration boards containing such
infringing power supply controllers that
are manufactured abroad by or on behalf
of, or imported by or on behalf of, SG,
its affiliated companies, parents,
subsidiaries, licensees, contractors, or
other related business entities, or
successors or assigns.
The Commission has further
determined that the public interest
factors enumerated in 19 U.S.C.
1337(d)(1) do not preclude issuance of
the limited exclusion order.
Accordingly, the Commission hereby
orders that:
1. Power supply controllers that
infringe one or more of claims 1, 3, 5,
and 6 of United States Patent No.
6,351,398 and that are manufactured
abroad by or on behalf of, or imported
by or on behalf of, SG, or any of its
affiliated companies, parents,
subsidiaries, or other related business
entities, or their successors or assigns,
and LCD computer monitors, AC printer
adapters, and sample/demonstration
boards that contain such infringing
power supply controllers and that are
VerDate Nov<24>2008
16:49 Mar 04, 2009
Jkt 217001
manufactured abroad by or on behalf of,
or imported by or on behalf of, SG, or
any of its affiliated companies, parents,
subsidiaries, or other related business
entities, or their successors or assigns,
are excluded from entry for
consumption into the United States,
entry for consumption from a foreigntrade zone, or withdrawal from a
warehouse for consumption, for the
remaining term of the patent, except
under license of the patent owner or as
provided by law.
2. Power supply controllers that
infringe one or more of claims 26 and
27 of United States Patent No. 6,538,908
and that are manufactured abroad by or
on behalf of, or imported by or on behalf
of, SG, or any of its affiliated companies,
parents, subsidiaries, or other related
business entities, or their successors or
assigns, and LCD computer monitors,
AC printer adapters, and sample/
demonstration boards that contain such
infringing power supply controllers and
that are manufactured abroad by or on
behalf of, or imported by or on behalf
of, SG, or any of its affiliated companies,
parents, subsidiaries, or other related
business entities, or their successors or
assigns, are excluded from entry for
consumption into the United States,
entry for consumption from a foreigntrade zone, or withdrawal from a
warehouse for consumption, for the
remaining term of the patent, except
under license of the patent owner or as
provided by law.
3. In accordance with PI’s withdrawal
of infringement allegations against
certain of SG’s products, the provisions
of this Order shall not apply to SG’s
power supply controllers SG6105,
SG68501, SG68502, SG38xx, SG5841,
SG5848, SG6842J w/HV Start, SG6846,
SG6846A, SG6848, SG6848x, SG6849,
SG6850, and SG69xx.
4. When the United States Bureau of
Customs and Border Protection
(‘‘Customs’’) is unable to determine by
inspection whether power supply
controllers, LCD computer monitors, AC
printer adapters, or sample/
demonstration boards fall within the
scope of this Order, it may, in its
discretion, accept a certification,
pursuant to procedures specified and
deemed necessary by Customs, from
persons seeking to import said products
that they are familiar with the terms of
this Order, that they have made
appropriate inquiry, and thereupon state
that, to the best of their knowledge and
belief, the products being imported are
not excluded from entry under
paragraphs 1 or 2 of this Order. At its
discretion, Customs may require
persons who have provided the
certification described in this paragraph
PO 00000
Frm 00053
Fmt 4703
Sfmt 4703
to furnish such records or analyses as
are necessary to substantiate the
certification.
5. In accordance with 19 U.S.C.
1337(l), the provisions of this Order
shall not apply to power supply
controllers, LCD computer monitors, AC
printer adapters, or sample/
demonstration boards containing the
same that are imported by and for the
use of the United States, or imported
for, and to be used for, the United States
with the authorization or consent of the
Government.
6. The Commission may modify this
Order in accordance with the
procedures described in section 210.76
of the Commission’s Rules of Practice
and Procedure, 19 CFR 210.76.
7. The Secretary shall serve copies of
this Order upon each party of record in
this investigation and upon the
Department of Health and Human
Services, the Department of Justice, the
Federal Trade Commission, and the
Bureau of Customs and Border
Protection.
8. Notice of this Order shall be
published in the Federal Register.
By Order of the Commission.
Issued: February 27, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9–4704 Filed 3–4–09; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Comprehensive
Environmental Response,
Compensation, and Liability Act
Notice is hereby given that on
February 25, 2009, a Consent Decree in
United States v. Valley-Proctor LLC,
Civil Action No. 09–cv–1331
AHM(AJW)x, was lodged with the
United States District Court for the
Central District of California.
The Consent Decree resolves claims
brought by the United States, on behalf
of the United States Environmental
Protection Agency (‘‘EPA’’), and the
California Department of Toxic
Substances Control (‘‘DTSC’’) under
Section 107 of the Comprehensive
Environmental Response,
Compensation, and Liability Act, 42
U.S.C. 9607, et seq. related to the
releases and threatened releases of
hazardous substances at the Puente
Valley Operable Unit of the San Gabriel
Valley Area 4 Superfund Site (‘‘Site’’) in
Los Angeles County, California.
The proposed Consent Decree
requires Defendant to pay the United
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]]>Agencies
[Federal Register Volume 74, Number 42 (Thursday, March 5, 2009)]
[Notices]
[Pages 9635-9636]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4704]
=======================================================================
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-541]
In the Matter of Certain Power Supply Controllers and Products
Containing Same; Limited Exclusion Order
On June 13, 2005, the Commission instituted this investigation,
based on a complaint filed by Power Integrations, Inc. (``PI'') of San
Jose, California. 70 FR. 34149 (June 13, 2005). The complaint, as
amended and supplemented, alleged violations of section 337 of the
Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain power supply controllers and products
containing the same. The Commission determined that System General
Corporation (``SG'') of Taipei, Taiwan, violated section 337 by reason
of infringement of claims 1, 3, 5, and 6 of United States Patent No.
6,351,398 (``the `398 patent'') and claims 26 and 27
[[Page 9636]]
of United States Patent No. 6,538,908 (``the `908 patent'').
On October 27, 2008, SG filed a petition for modification of the
limited exclusion order in light of Kyocera Wireless Corp. v. Int'l
Trade Comm'n, 545 F.3d 1340 (Fed. Cir. 2008), requesting that the
Commission modify the existing exclusion order so it does not exclude
downstream products of non-respondents. On November 7, 2008,
complainant PI filed an opposition to SG's petition for modification.
On the same day, the Commission IA filed a response supporting SG's
petition. Finally, on November 26, 2008, SG moved for leave to file a
reply in support of its petition and also filed the reply.
Having reviewed the record in this investigation, including the
written submissions of the parties, the Commission has made its
determination on the petition for modification. The Commission has
determined that the appropriate form of relief is a limited exclusion
order prohibiting the unlicensed entry of power supply controllers that
infringe one or more of claims 1, 3, 5, and 6 of the `398 patent or
claims 26 and 27 of the `908 patent and that are manufactured abroad by
or on behalf of, or imported by or on behalf of, SG, its affiliated
companies, parents, subsidiaries, licensees, contractors, or other
related business entities, or successors or assigns. The Commission has
also determined to prohibit the unlicensed entry of liquid crystal
display (``LCD'') computer monitors, AC printer adapters, and sample/
demonstration boards containing such infringing power supply
controllers that are manufactured abroad by or on behalf of, or
imported by or on behalf of, SG, its affiliated companies, parents,
subsidiaries, licensees, contractors, or other related business
entities, or successors or assigns.
The Commission has further determined that the public interest
factors enumerated in 19 U.S.C. 1337(d)(1) do not preclude issuance of
the limited exclusion order.
Accordingly, the Commission hereby orders that:
1. Power supply controllers that infringe one or more of claims 1,
3, 5, and 6 of United States Patent No. 6,351,398 and that are
manufactured abroad by or on behalf of, or imported by or on behalf of,
SG, or any of its affiliated companies, parents, subsidiaries, or other
related business entities, or their successors or assigns, and LCD
computer monitors, AC printer adapters, and sample/demonstration boards
that contain such infringing power supply controllers and that are
manufactured abroad by or on behalf of, or imported by or on behalf of,
SG, or any of its affiliated companies, parents, subsidiaries, or other
related business entities, or their successors or assigns, are excluded
from entry for consumption into the United States, entry for
consumption from a foreign-trade zone, or withdrawal from a warehouse
for consumption, for the remaining term of the patent, except under
license of the patent owner or as provided by law.
2. Power supply controllers that infringe one or more of claims 26
and 27 of United States Patent No. 6,538,908 and that are manufactured
abroad by or on behalf of, or imported by or on behalf of, SG, or any
of its affiliated companies, parents, subsidiaries, or other related
business entities, or their successors or assigns, and LCD computer
monitors, AC printer adapters, and sample/demonstration boards that
contain such infringing power supply controllers and that are
manufactured abroad by or on behalf of, or imported by or on behalf of,
SG, or any of its affiliated companies, parents, subsidiaries, or other
related business entities, or their successors or assigns, are excluded
from entry for consumption into the United States, entry for
consumption from a foreign-trade zone, or withdrawal from a warehouse
for consumption, for the remaining term of the patent, except under
license of the patent owner or as provided by law.
3. In accordance with PI's withdrawal of infringement allegations
against certain of SG's products, the provisions of this Order shall
not apply to SG's power supply controllers SG6105, SG68501, SG68502,
SG38xx, SG5841, SG5848, SG6842J w/HV Start, SG6846, SG6846A, SG6848,
SG6848x, SG6849, SG6850, and SG69xx.
4. When the United States Bureau of Customs and Border Protection
(``Customs'') is unable to determine by inspection whether power supply
controllers, LCD computer monitors, AC printer adapters, or sample/
demonstration boards fall within the scope of this Order, it may, in
its discretion, accept a certification, pursuant to procedures
specified and deemed necessary by Customs, from persons seeking to
import said products that they are familiar with the terms of this
Order, that they have made appropriate inquiry, and thereupon state
that, to the best of their knowledge and belief, the products being
imported are not excluded from entry under paragraphs 1 or 2 of this
Order. At its discretion, Customs may require persons who have provided
the certification described in this paragraph to furnish such records
or analyses as are necessary to substantiate the certification.
5. In accordance with 19 U.S.C. 1337(l), the provisions of this
Order shall not apply to power supply controllers, LCD computer
monitors, AC printer adapters, or sample/demonstration boards
containing the same that are imported by and for the use of the United
States, or imported for, and to be used for, the United States with the
authorization or consent of the Government.
6. The Commission may modify this Order in accordance with the
procedures described in section 210.76 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.76.
7. The Secretary shall serve copies of this Order upon each party
of record in this investigation and upon the Department of Health and
Human Services, the Department of Justice, the Federal Trade
Commission, and the Bureau of Customs and Border Protection.
8. Notice of this Order shall be published in the Federal Register.
By Order of the Commission.
Issued: February 27, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-4704 Filed 3-4-09; 8:45 am]
BILLING CODE 7020-02-P
