Office of Information Policy; Attorney General Memorandum for Executive Departments and Agencies Concerning the Freedom of Information Act, 49892-49893 [E9-23375]
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Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Notices
FOR FURTHER INFORMATION CONTACT:
Daniel E. Valencia, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
205–1999. 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 https://www.usitc.gov.
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
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: On April
4, 2008, the Commission instituted this
investigation, based on a complaint filed
by Philip Morris USA Inc. (‘‘PM USA’’)
of Richmond, VA, naming Alcesia;
Emarket Systems Ltd. (d.b.a. alldiscount-cigarettes.com); Jamen Chong
(d.b.a. asiadfs.com); Tri-kita (d.b.a.
cheapcigarettes4all.com); Mr. Eduard
Lee (d.b.a. cigarettesonlineshop.com);
Zonitech Properties Limited (d.b.a.
cigline.net); Zonitech Properties Limited
(d.b.a. shopping-heaven.com); Cendano
(d.b.a. galastore.com); Ms. Svetlana
Trevinska (d.b.a. save-oncigarettes.com); LMB Trading SA (d.b.a.
k2smokes.ch); G.K.L. International SRL
(d.b.a. all-cigarettes-brandsxom); G.K.L.
International SRL (d.b.a. smokerjim.net);
and Best Product Solution Ltd. as
respondents. The complaint alleges
violations of section 337 of the Tariff
Act of 1930, 19 U.S.C. 1337, in the
importation into the United States of
certain cigarettes and packaging thereof
that infringe registered trademarks
owned by PM USA. Subsequent to
institution all respondents but Alcesia
were found in default.
On February 3, 2009, the ALJ issued
Order No. 19, a summary initial
determination (‘‘ID’’) granting PM USA’s
motion for summary determination that
Alcesia has violated section 337 with
respect to three trademarks: U.S.
Trademark Registration Nos. 68,502;
378,340; and 894,450. On February 17,
2009, Alcesia petitioned for review of
the ID. On February 24 and 25, 2009,
PM USA and the Commission
Investigative Attorney (‘‘IA’’),
respectively, opposed Alcesia’s petition
for review.
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16:18 Sep 28, 2009
Jkt 217001
On April 9, 2009, the Commission
determined to review the ID and
requested written submissions on the
issues under review, remedy, the public
interest, and bonding. On May 8, 2009,
the parties filed opening submissions,
and on May 29, 2009, the parties filed
response submissions. Several nonparties also filed submissions
addressing issues related to remedy and
the public interest.
Having examined the record of this
investigation, including the ALJ’s
summary ID, the Commission has
determined to affirm the ALJ’s finding
that Alcesia has violated section 337 by
selling for importation into the United
States gray market cigarettes that
infringe PM USA’s Marlboro®,
Parliament®, and Virginia Slims®
trademarks. In particular, the
Commission has adopted the ALJ’s
finding that a lack of English-language
warning labels from the Surgeon
General on the gray market cigarette
packages makes them materially
different from the U.S. market cigarettes.
The Commission, however, has declined
to adopt the ID’s finding that the gray
market cigarettes’ susceptibility to
seizure under the Imported Cigarette
Compliance Act makes them materially
different from U.S. market cigarettes.
The Commission also takes no position
on the ID’s finding that a material
difference exists between the gray
market and U.S. market cigarettes
because PM USA exercises quality
control over procedures for distribution,
storage, and transportation of the U.S.
market cigarettes, while it does not
exercise this control over the gray
market cigarettes.
The Commission has determined that
the appropriate form of relief is a
general exclusion order prohibiting the
unlicensed entry of Marlboro®,
Parliament®, or Virginia Slims® branded
cigarettes that (a) infringe one or more
of the following U.S. Trademark Reg.
Nos. 68,502, 378,340, and 894,450 and
(b) are materially different from
cigarettes manufactured by or under
authority of PM USA for sale and use in
the United States.
The Commission further determined
that the public interest factors
enumerated in section 337(d) (19 U.S.C.
1337(d)) do not preclude issuance of the
general exclusion order. Finally, the
Commission determined that the
amount of bond during the Presidential
review period (19 U.S.C. 1337(j)) shall
be 100 percent of the entered value of
the article that is subject to the order.
The Commission’s order was delivered
to the President and the United States
Trade Representative on the day of its
issuance.
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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), and in
sections 210.42–50 of the Commission’s
Rules of Practice and Procedure (19 CFR
210.42–50).
By order of the Commission.
Issued: September 21, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9–23389 Filed 9–28–09; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Office of Information Policy; Attorney
General Memorandum for Executive
Departments and Agencies
Concerning the Freedom of
Information Act
Department of Justice.
Notice.
AGENCY:
ACTION:
SUMMARY: On January 21, 2009, the
President issued a memorandum for the
heads of executive departments and
agencies on the Freedom of Information
Act (FOIA). That memorandum required
that the Attorney General issue new
guidelines governing the FOIA to the
heads of executive departments and
agencies, reaffirming the commitment to
accountability and transparency, and to
publish such guidelines in the Federal
Register. Pursuant to the President’s
directive, the Attorney General issued
new FOIA guidelines on March 19,
2009. Those guidelines are now
published here.
FOR FURTHER INFORMATION CONTACT:
Melanie Ann Pustay, Director, Office of
Information Policy, U.S. Department of
Justice, 1425 New York Avenue, NW.,
Suite 11050, Washington, DC 20009,
telephone (202) 514–3642.
SUPPLEMENTARY INFORMATION: In his
January 21, 2009 memorandum on the
Freedom of Information Act (FOIA) the
President stated that ‘‘[a]ll agencies
should adopt a presumption in favor of
disclosure, in order to renew their
commitment to the principles embodied
in FOIA, and to usher in a new era of
open Government.’’ This memorandum
is published in the Federal Register at
74 FR 4683–84 and is available at
https://www.whitehouse.gov/thepress_
office/FreedomoflnformationAct/.
The President also directed the
Attorney I General ‘‘to issue new
guidelines governing the FOIA to the
heads of executive departments and
agencies, reaffirming the commitment to
accountability and transparency.’’
Pursuant to this instruction, the
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Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Notices
Attorney General issued new FOIA
guidelines on March 19, 2009; The
purpose of the Attorney General’s
memorandum is to underscore the
FOIA’s purpose of providing an open
government and to help ensure that it is
realized in practice. The guidelines
provided by the Attorney General stress
the important implications of the
President’s call for a presumption of
openness, emphasize that the FOIA is
everyone’s responsibility, and direct
agencies to work proactively and
promptly. A full text of these guidelines
is available on the Department of
Justice’s Web site at https://
www.usdoj.gov/ag/foia-memomarch2009.pdf. Pursuant to the
President’s instruction, the Attorney
General’s guidelines are also published
here.
Dated: September 17, 2009.
Melanie Ann Pustay,
Director, Office of Information Policy.
[FR Doc. E9–23375 Filed 9–28–09; 8:45 am]
BILLING CODE M
DEPARTMENT OF LABOR
Employment and Training
Administration
Request for Comments on the
Proposed Information Collection for
Trade Adjustment Assistance (TAA)
Reserve Funding Request Form. 1205–
0275, Extension With No Revisions
Employment and Training
Administration (ETA), Labor.
ACTION: Notice.
jlentini on DSKJ8SOYB1PROD with NOTICES
AGENCY:
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. Currently, ETA is
soliciting comments concerning the
proposed extension of data collection
for the ETA Form 9117 (formerly ETA–
9023), Trade Adjustment Assistance
(TAA) Reserve Funding Request Form
(1205–0275, expires 1/31/2010).
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16:18 Sep 28, 2009
Jkt 217001
A copy of the proposed information
collection request (ICR) can be obtained
by contacting the office listed below in
the addressee section of this notice.
DATES: Written comments must be
submitted to the office listed in the
addressee’s section below on or before
November 30, 2009.
ADDRESSES: Submit written comments
to Chris Meservy, Program Analyst,
Room C–5428, Employment and
Training Administration, 200
Constitution Avenue, NW., Washington,
DC 20210. Telephone number: 202–
693–2806 (this is not a toll-free
number). Fax: 202–693–3584. E-mail:
meservy.chris.h@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The Trade Adjustment Assistance
(TAA) program provides assistance to
workers that have been adversely
affected by foreign trade. Under the
Trade Act of 1974, as amended by the
American Recovery and Reinvestment
Act of 2009, the statutory training cap
is $575 million each year, with
additional funding available for job
search and relocation allowances and
State administration. To be eligible for
TAA benefits and services, a group of
workers, a company official, a union or
other duly authorized representative, or
a One Stop Operator or partner must file
a petition with the Department of Labor.
If the Department determines that the
workers meet the statutory criteria, it
issues a certification of eligibility for the
workers in the group to apply for
benefits and services through
partnerships between the State
Workforce Agencies (SWAs) and the
One Stop Career Center system.
II. Review Focus
The Department of Labor 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
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49893
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
III. Current Actions
Type of Review: Extension with no
revisions.
Title: Trade Adjustment Assistance
(TAA) Reserve Funding Request.
OMB Number: 1205–0275.
Affected Public: State, local or Tribal
government.
Total Respondents: 25.
Frequency: On occasion.
Forms: ETA 9117, ETA 9023.
Average Time per Response: 3 hours.
Estimated Total Burden Hours: 75.
Comments submitted in response to
this ICR will be summarized and/or
included in the request for Office of
Management and Budget approval of the
information collection request; they will
also become a matter of public record.
Dated: This 23rd day of September 2009.
Jane Oates,
Assistant Secretary, Employment and
Training Administration.
[FR Doc. E9–23361 Filed 9–28–09; 8:45 am]
BILLING CODE 4510–FN–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 University of Wisconsin,
#1203.
Dates & Times:
October 25, 2009; 5 p.m.–7 p.m.
October 26, 2009; 7:30 a.m.–8 p.m.
October 27, 2009; 8 a.m.–3 p.m.
Place: University of Wisconsin, Madison,
WI.
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 further support
of the MRSEC at the University of Wisconsin.
Agenda:
Sunday, October 25, 2009
5 p.m.–5:15 p.m.: Closed—Executive Session.
5:15 p.m.–7 p.m.: Open—Review of the
Wisconsin MRSEC.
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]]>Agencies
[Federal Register Volume 74, Number 187 (Tuesday, September 29, 2009)]
[Notices]
[Pages 49892-49893]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23375]
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DEPARTMENT OF JUSTICE
Office of Information Policy; Attorney General Memorandum for
Executive Departments and Agencies Concerning the Freedom of
Information Act
AGENCY: Department of Justice.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: On January 21, 2009, the President issued a memorandum for the
heads of executive departments and agencies on the Freedom of
Information Act (FOIA). That memorandum required that the Attorney
General issue new guidelines governing the FOIA to the heads of
executive departments and agencies, reaffirming the commitment to
accountability and transparency, and to publish such guidelines in the
Federal Register. Pursuant to the President's directive, the Attorney
General issued new FOIA guidelines on March 19, 2009. Those guidelines
are now published here.
FOR FURTHER INFORMATION CONTACT: Melanie Ann Pustay, Director, Office
of Information Policy, U.S. Department of Justice, 1425 New York
Avenue, NW., Suite 11050, Washington, DC 20009, telephone (202) 514-
3642.
SUPPLEMENTARY INFORMATION: In his January 21, 2009 memorandum on the
Freedom of Information Act (FOIA) the President stated that ``[a]ll
agencies should adopt a presumption in favor of disclosure, in order to
renew their commitment to the principles embodied in FOIA, and to usher
in a new era of open Government.'' This memorandum is published in the
Federal Register at 74 FR 4683-84 and is available at https://www.whitehouse.gov/thepress_office/FreedomoflnformationAct/.
The President also directed the Attorney I General ``to issue new
guidelines governing the FOIA to the heads of executive departments and
agencies, reaffirming the commitment to accountability and
transparency.'' Pursuant to this instruction, the
[[Page 49893]]
Attorney General issued new FOIA guidelines on March 19, 2009; The
purpose of the Attorney General's memorandum is to underscore the
FOIA's purpose of providing an open government and to help ensure that
it is realized in practice. The guidelines provided by the Attorney
General stress the important implications of the President's call for a
presumption of openness, emphasize that the FOIA is everyone's
responsibility, and direct agencies to work proactively and promptly. A
full text of these guidelines is available on the Department of
Justice's Web site at https://www.usdoj.gov/ag/foia-memo-march2009.pdf.
Pursuant to the President's instruction, the Attorney General's
guidelines are also published here.
Dated: September 17, 2009.
Melanie Ann Pustay,
Director, Office of Information Policy.
[FR Doc. E9-23375 Filed 9-28-09; 8:45 am]
BILLING CODE M
