Request for Public Comments: Interagency Review of Exclusion Order Enforcement Process, 37242-37243 [2013-14743]
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Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Notices
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DEPARTMENT OF JUSTICE
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[OJP (NIJ) Docket No. 1624]
Draft Report and Recommendations
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National Institute of Justice,
DOJ.
Notice and request for
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TKELLEY on DSK3SPTVN1PROD with NOTICES
SUMMARY:
Greg Ridgeway,
Acting Director, National Institute of Justice.
[FR Doc. 2013–14707 Filed 6–19–13; 8:45 am]
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VerDate Mar<15>2010
17:01 Jun 19, 2013
Jkt 229001
Request for Public Comments:
Interagency Review of Exclusion Order
Enforcement Process
Office of the U.S. Intellectual
Property Enforcement Coordinator,
Executive Office of the President, OMB.
ACTION: Request for written submissions
from the public.
AGENCY:
The Executive Office of the
President, through the U.S. Intellectual
Property Enforcement Coordinator
(‘‘IPEC’’), is beginning an interagency
review directed at strengthening the
procedures and practices used during
enforcement of exclusion orders issued
by the U.S. International Trade
Commission (‘‘ITC’’). The interagency
working group will review existing
procedures that U.S. Customs and
Border Protection (‘‘CBP’’) and the ITC
use to evaluate the scope of exclusion
orders and work to ensure the process
and criteria utilized during exclusion
order enforcement activities are
transparent, effective, and efficient.
Through this request for public
comment, IPEC invites public input and
recommendations in support of the
Administration’s interagency review of
exclusion order enforcement processes
called for by the 2013 Joint Strategic
Plan on Intellectual Property
Enforcement [and the White House Task
Force on High-Tech Patents].
DATES: Submissions must be received on
or before July 21, 2013, at 11:59 p.m.
ADDRESSES: All submissions should be
electronically submitted to https://
www.regulations.gov. If you are unable
to provide submissions to
regulations.gov, you may contact the
Office of the U.S. Intellectual Property
Enforcement Coordinator at
intellectualproperty@omb.eop.gov using
the subject line ‘‘IPEC Review of
Exclusion Order Enforcement
Processes’’ or (202) 395–1808 to arrange
for an alternate method of transmission.
The regulations.gov Web site is a
Federal E-Government Web site that
allows the public to find, review and
submit comments on documents that
have published in the Federal Register
and that are open for comment.
Submissions filed via the
regulations.gov Web site will be
available to the public for review and
inspection. For this reason, please do
not include in your comments
information of a confidential nature,
such as sensitive personal information
or proprietary business information.
FOR FURTHER INFORMATION CONTACT:
Office of the U.S. Intellectual Property
SUMMARY:
[FR Doc. 2013–14458 Filed 6–19–13; 8:45 am]
AGENCY:
OFFICE OF MANAGEMENT AND
BUDGET
PO 00000
Frm 00044
Fmt 4703
Sfmt 4703
Enforcement Coordinator, at
intellectualproperty@omb.eop.gov or
(202) 395–1808.
SUPPLEMENTARY INFORMATION: Under
Section 337 of the Tariff Act of 1930, the
ITC investigates allegations regarding
unfair practices in import trade,
including allegations related to
intellectual property infringement, as
well as other forms of unfair
competition. Once the ITC finds a
violation of Section 337 and issues an
exclusion order barring the importation
of infringing goods, CBP and the ITC are
responsible for determining whether
imported articles fall within the scope
of the exclusion order. Because of these
shared responsibilities, it is critical that
the ITC and CBP have clear
communication on what the order
means to improve the order’s
enforcement and prevent importation of
infringing product. This determination
can often be challenging, particularly in
cases in which a technologically
sophisticated product may have been
redesigned so as to no longer fall within
the scope of the existing exclusion
order.
IPEC will chair a new interagency
effort directed at strengthening the
processes that CBP uses with regard to
enforcement of ITC exclusion orders
pertaining to intellectual property. The
working group will be comprised of
representatives from the ITC; DHS,
DOC, Treasury, and DOJ; offices within
the Executive Office of the President
including USTR, OSTP, NEC; and other
relevant agencies as necessary.
The interagency working group will
review existing procedures that CBP and
the ITC use to evaluate the scope of ITC
exclusion orders and work to ensure the
process and standards utilized during
exclusion order enforcement activities
are transparent, effective, and efficient.
Among others, one focus of the
interagency review will be on ensuring
that CBP uses transparent and accurate
procedures for determining whether an
article is covered by the ITC exclusion
order. Further, the working group will
evaluate opportunities to improve the
effectiveness of directions provided by
the ITC to assist CBP with the
challenges of enforcement.
Important to the development of the
Administration’s exclusion order
enforcement recommendations, is
ensuring that any approaches that are
considered to be particularly effective as
well as any concerns with the present
approach to exclusion order
enforcement are understood by
policymakers. As such, IPEC is seeking
public input and recommendations
through the questions set out below for
E:\FR\FM\20JNN1.SGM
20JNN1
Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Notices
improvements to the process and
criteria utilized during exclusion order
enforcement activities.
Recommendations should include, but
need not be limited to: Changes to
agency policies, practices or methods,
guidance and regulation.
Within six months of the issuance of
the Administration’s 2013 Joint
Strategic Plan on Intellectual Property
Enforcement, the interagency working
group will prepare recommendations.
TKELLEY on DSK3SPTVN1PROD with NOTICES
Questions
1. Please describe your, positive or
negative, experience with the exclusion
order enforcement processes.
2. Are the procedures, criteria, and
regulations utilized by CBP when
enforcing exclusion orders clear,
accessible, and understood?
a. Please provide recommendations
for enhancements to procedures,
criteria, and regulations used during
enforcement of exclusion orders?
3. Are the procedures and criteria
used by CBP to evaluate the scope of an
exclusion order effective and clearly
understood?
a. If not, please provide a description
of the problem experienced?
b. What improvements could be made
to the procedures and criteria used by
CBP when evaluating the scope of an
exclusion order to assist with the
determining whether an import is
covered by the claims of the infringing
patent?
c. Under CBP’s current ruling request
process, 19 CFR part 177, an importer
may seek a prospective ruling on
whether a redesigned or new product
falls within the scope of an exclusion
order. Determinations of this kind are
often initiated at the request of the
importer (typically the product
manufacturer) and are conducted
through ex parte proceeding. Would
development of an inter partes
proceeding involving relevant parties to
the ITC investigation enhance the
efficiency, transparency and efficacy of
the exclusion order enforcement process
with respect to determining the scope of
the exclusion order?
4. Are the processes used by CBP
timely and effective in notifying
interested parties, for example, ITC
litigants, importers and the general
public, of determinations made
regarding the scope of an exclusion
order and, in turn, applicability to the
imported product?
5. What further procedural changes or
collaborative steps could be undertaken
between the ITC and CBP to improve
the efficacy of exclusion order
enforcement efforts?
VerDate Mar<15>2010
17:01 Jun 19, 2013
Jkt 229001
6. Do exclusion orders currently
provide sufficient level of detail and
direction necessary to assist CBP with
the challenges of enforcement?
7. Please identify any additional areas
of consideration regarding
improvements that could be undertaken
by CBP or the ITC to further improve
upon the exclusion order enforcement
processes?
Victoria A. Espinel,
United States Intellectual Property
Enforcement Coordinator, Executive Office of
the President .
[FR Doc. 2013–14743 Filed 6–19–13; 8:45 am]
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NATIONAL FOUNDATION FOR THE
ARTS AND THE HUMANITIES
Notice of Proposed Information
Collection Requests: Public Libraries
Survey, FY 2014–2016
Institute of Museum and
Library Services, National Foundation
for the Arts and the Humanities.
ACTION: Notice, request for comments,
collection of information.
AGENCY:
The Institute of Museum and
Library Service (‘‘IMLS’’) as part of its
continuing effort to reduce paperwork
and respondent burden, conducts a preclearance consultation program to
provide the general public and federal
agencies with an opportunity to
comment on proposed and/or
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be provided in the desired format,
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ADDRESSES section below on or before
August 20, 2013.
IMLS is particularly interested in
comments that help the agency to:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
SUMMARY:
PO 00000
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Fmt 4703
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37243
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
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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 submissions of responses.
ADDRESSES: For a copy of the documents
contact: Deanne W. Swan, Senior
Statistician, Office of Planning,
Research, and Evaluation, Institute of
Museum and Library Services, 1800 M
Street NW., 9th Floor, Washington DC
20036. Dr. Swan can be reached by
Telephone: 202–653–4769, Fax: 202–
653–4601, or by email at
dswan@imls.gov or by teletype (TTY/
TDD) for persons with hearing difficulty
at 202–653–4614.
SUPPLEMENTARY INFORMATION:
I. Background
The Institute of Museum and Library
Services (IMLS) is an independent
Federal grant-making agency and is the
primary source of federal support for the
Nation’s 123,000 libraries and 17,500
museums. IMLS provides a variety of
grant programs to assist the Nation’s
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library, and information services;
measuring and reporting on the impact
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networks (20 U.S.C. Chapter 72, 20
U.S.C. 9108).
II. Current Actions
Pursuant to Public Law 107–279, this
Public Libraries Survey collects annual
descriptive data on the universe of
public libraries in the U.S. and the
Outlying Areas. Information such as
E:\FR\FM\20JNN1.SGM
20JNN1
]]>Agencies
[Federal Register Volume 78, Number 119 (Thursday, June 20, 2013)]
[Notices]
[Pages 37242-37243]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14743]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF MANAGEMENT AND BUDGET
Request for Public Comments: Interagency Review of Exclusion
Order Enforcement Process
AGENCY: Office of the U.S. Intellectual Property Enforcement
Coordinator, Executive Office of the President, OMB.
ACTION: Request for written submissions from the public.
-----------------------------------------------------------------------
SUMMARY: The Executive Office of the President, through the U.S.
Intellectual Property Enforcement Coordinator (``IPEC''), is beginning
an interagency review directed at strengthening the procedures and
practices used during enforcement of exclusion orders issued by the
U.S. International Trade Commission (``ITC''). The interagency working
group will review existing procedures that U.S. Customs and Border
Protection (``CBP'') and the ITC use to evaluate the scope of exclusion
orders and work to ensure the process and criteria utilized during
exclusion order enforcement activities are transparent, effective, and
efficient. Through this request for public comment, IPEC invites public
input and recommendations in support of the Administration's
interagency review of exclusion order enforcement processes called for
by the 2013 Joint Strategic Plan on Intellectual Property Enforcement
[and the White House Task Force on High-Tech Patents].
DATES: Submissions must be received on or before July 21, 2013, at
11:59 p.m.
ADDRESSES: All submissions should be electronically submitted to https://www.regulations.gov. If you are unable to provide submissions to
regulations.gov, you may contact the Office of the U.S. Intellectual
Property Enforcement Coordinator at intellectualproperty@omb.eop.gov
using the subject line ``IPEC Review of Exclusion Order Enforcement
Processes'' or (202) 395-1808 to arrange for an alternate method of
transmission. The regulations.gov Web site is a Federal E-Government
Web site that allows the public to find, review and submit comments on
documents that have published in the Federal Register and that are open
for comment. Submissions filed via the regulations.gov Web site will be
available to the public for review and inspection. For this reason,
please do not include in your comments information of a confidential
nature, such as sensitive personal information or proprietary business
information.
FOR FURTHER INFORMATION CONTACT: Office of the U.S. Intellectual
Property Enforcement Coordinator, at intellectualproperty@omb.eop.gov
or (202) 395-1808.
SUPPLEMENTARY INFORMATION: Under Section 337 of the Tariff Act of 1930,
the ITC investigates allegations regarding unfair practices in import
trade, including allegations related to intellectual property
infringement, as well as other forms of unfair competition. Once the
ITC finds a violation of Section 337 and issues an exclusion order
barring the importation of infringing goods, CBP and the ITC are
responsible for determining whether imported articles fall within the
scope of the exclusion order. Because of these shared responsibilities,
it is critical that the ITC and CBP have clear communication on what
the order means to improve the order's enforcement and prevent
importation of infringing product. This determination can often be
challenging, particularly in cases in which a technologically
sophisticated product may have been redesigned so as to no longer fall
within the scope of the existing exclusion order.
IPEC will chair a new interagency effort directed at strengthening
the processes that CBP uses with regard to enforcement of ITC exclusion
orders pertaining to intellectual property. The working group will be
comprised of representatives from the ITC; DHS, DOC, Treasury, and DOJ;
offices within the Executive Office of the President including USTR,
OSTP, NEC; and other relevant agencies as necessary.
The interagency working group will review existing procedures that
CBP and the ITC use to evaluate the scope of ITC exclusion orders and
work to ensure the process and standards utilized during exclusion
order enforcement activities are transparent, effective, and efficient.
Among others, one focus of the interagency review will be on ensuring
that CBP uses transparent and accurate procedures for determining
whether an article is covered by the ITC exclusion order. Further, the
working group will evaluate opportunities to improve the effectiveness
of directions provided by the ITC to assist CBP with the challenges of
enforcement.
Important to the development of the Administration's exclusion
order enforcement recommendations, is ensuring that any approaches that
are considered to be particularly effective as well as any concerns
with the present approach to exclusion order enforcement are understood
by policymakers. As such, IPEC is seeking public input and
recommendations through the questions set out below for
[[Page 37243]]
improvements to the process and criteria utilized during exclusion
order enforcement activities. Recommendations should include, but need
not be limited to: Changes to agency policies, practices or methods,
guidance and regulation.
Within six months of the issuance of the Administration's 2013
Joint Strategic Plan on Intellectual Property Enforcement, the
interagency working group will prepare recommendations.
Questions
1. Please describe your, positive or negative, experience with the
exclusion order enforcement processes.
2. Are the procedures, criteria, and regulations utilized by CBP
when enforcing exclusion orders clear, accessible, and understood?
a. Please provide recommendations for enhancements to procedures,
criteria, and regulations used during enforcement of exclusion orders?
3. Are the procedures and criteria used by CBP to evaluate the
scope of an exclusion order effective and clearly understood?
a. If not, please provide a description of the problem experienced?
b. What improvements could be made to the procedures and criteria
used by CBP when evaluating the scope of an exclusion order to assist
with the determining whether an import is covered by the claims of the
infringing patent?
c. Under CBP's current ruling request process, 19 CFR part 177, an
importer may seek a prospective ruling on whether a redesigned or new
product falls within the scope of an exclusion order. Determinations of
this kind are often initiated at the request of the importer (typically
the product manufacturer) and are conducted through ex parte
proceeding. Would development of an inter partes proceeding involving
relevant parties to the ITC investigation enhance the efficiency,
transparency and efficacy of the exclusion order enforcement process
with respect to determining the scope of the exclusion order?
4. Are the processes used by CBP timely and effective in notifying
interested parties, for example, ITC litigants, importers and the
general public, of determinations made regarding the scope of an
exclusion order and, in turn, applicability to the imported product?
5. What further procedural changes or collaborative steps could be
undertaken between the ITC and CBP to improve the efficacy of exclusion
order enforcement efforts?
6. Do exclusion orders currently provide sufficient level of detail
and direction necessary to assist CBP with the challenges of
enforcement?
7. Please identify any additional areas of consideration regarding
improvements that could be undertaken by CBP or the ITC to further
improve upon the exclusion order enforcement processes?
Victoria A. Espinel,
United States Intellectual Property Enforcement Coordinator, Executive
Office of the President .
[FR Doc. 2013-14743 Filed 6-19-13; 8:45 am]
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