Request for Public Comments: Interagency Review of Exclusion Order Enforcement Process, 37242-37243 [2013-14743]

Download as PDF 37242 Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Notices may file comments or objections to the issuance of the proposed registration pursuant to 21 CFR 1301.33(a). Any such written comments or objections should be addressed, in quintuplicate, to the Drug Enforcement Administrator, Office of Diversion Control, Federal Register Representative (ODL), 8701 Morrissette Drive, Springfield, Virginia 22152; and must be filed no later than August 19, 2013. Dated: June 7, 2013. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE Office of Justice Programs [OJP (NIJ) Docket No. 1624] Draft Report and Recommendations Prepared by the Research Committee of the Scientific Working Group on Medicolegal Death Investigation National Institute of Justice, DOJ. Notice and request for comments. 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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] BILLING CODE 4410–18–P 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 http:// 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] BILLING CODE P 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 continuing collections of information in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et. seq.). This pre-clearance consultation 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. The purpose of this Notice is to solicit comments concerning the continuance of the Public Libraries Survey for Fiscal Years 2014–2016. A copy of the proposed information collection request can be obtained by contacting the individual listed below in the ADDRESSES section of this notice. DATES: Written comments must be submitted to the office listed in the 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 Frm 00045 Fmt 4703 Sfmt 4703 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 collection of information on those who 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 museums and libraries in improving their operations and enhancing their services to the public. IMLS is responsible for identifying national needs for and trends in museum, library, and information services; measuring and reporting on the impact and effectiveness of museum, library and information services throughout the United States, including programs conducted with funds made available by IMLS; identifying, and disseminating information on, the best practices of such programs; and developing plans to improve museum, library and information services of the United States and strengthen national, State, local, regional, and international communications and cooperative 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

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[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]


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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 http://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]
BILLING CODE P