Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof; Notice of Institution of Investigation; Institution of Investigation Pursuant to 19 U.S.C. 1337, 52563-52564 [2013-20638]

Download as PDF tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 164 / Friday, August 23, 2013 / Notices consultation process of the National Historic Preservation Act (16 U.S.C. 470f), as provided for in 36 CFR 800.2(d)(3). Pursuant to the regulations implementing the procedural provisions of NEPA (42 U.S.C. 4321 et seq.), BOEM will hold public scoping meetings in Louisiana, Mississippi, and Alabama on the CPA Supplemental EIS. The purpose of these meetings is to solicit comments on the scope of the CPA Supplemental EIS. BOEM’s scoping meetings will be held at the following places and times: • Gulfport, Mississippi: Monday, September 9, 2013, Courtyard by Marriott Beachfront MS Hotel, 1600 East Beach Boulevard, Gulfport, Mississippi 39501; one meeting beginning at 6:30 p.m. CDT; • Mobile, Alabama: Tuesday, September 10, 2013, Hilton Garden Inn Mobile West, 828 West I–65 Service Road South, Mobile, Alabama 36609; one meeting beginning at 6:30 p.m. CDT; and • New Orleans, Louisiana: Thursday, September 12, 2013, Bureau of Ocean Energy Management, Gulf of Mexico OCS Region, 1201 Elmwood Park Boulevard, New Orleans, Louisiana 70123; one meeting beginning at 1:00 p.m. CDT. Cooperating Agency: BOEM invites other Federal, State, Tribal, and local governments to consider becoming cooperating agencies in the preparation of the CPA Supplemental EIS. We invite qualified government entities to inquire about cooperating agency status for the CPA Supplemental EIS. Following the guidelines from the Council on Environmental Quality (CEQ), qualified agencies and governments are those with ‘‘jurisdiction by law or special expertise.’’ Potential cooperating agencies should consider their authority and capacity to assume the responsibilities of a cooperating agency, and remember that an agency’s role in the environmental analysis neither enlarges nor diminishes the final decisionmaking authority of any other agency involved in the NEPA process. Upon request, BOEM will provide potential cooperating agencies with a written summary of ground rules for cooperating agencies, including time schedules and critical action dates, milestones, responsibilities, scope and detail of cooperating agencies’ contributions, and availability of predecisional information. BOEM anticipates this summary will form the basis for a Memorandum of Agreement between BOEM and any cooperating agency. Agencies should also consider the ‘‘Factors for Determining Cooperating Agency Status’’ in VerDate Mar<15>2010 17:28 Aug 22, 2013 Jkt 229001 Attachment 1 to CEQ’s January 30, 2002, Memorandum for the Heads of Federal Agencies: Cooperating Agencies in Implementing the Procedural Requirements of the National Environmental Policy Act. These documents are available at the following locations on the Internet: http://ceq.hss. doe.gov/nepa/regs/cooperating/ cooperatingagenciesmemorandum.html; and http://ceq.hss.doe.gov/nepa/regs/ cooperating/cooperatingagencymemo factors.html. BOEM, as the lead agency, will not provide financial assistance to cooperating agencies. Even if an organization is not a cooperating agency, opportunities will exist to provide information and comments to BOEM during the normal public input stages of the NEPA/EIS process. For further information about cooperating agencies, please contact Mr. Gary D. Goeke at (504) 736–3233. Comments: All interested parties, including Federal, State, Tribal, and local governments, and other interested parties, may submit written comments on the scope of the CPA Supplemental EIS, significant issues that should be addressed, alternatives that should be considered, potential mitigation measures, and the types of oil and gas activities of interest in the proposed CPA lease sale area. Written scoping comments may be submitted in one of the following ways: 1. In an envelope labeled ‘‘Scoping Comments for the CPA Supplemental EIS’’ and mailed (or hand delivered) to Mr. Gary D. Goeke, Chief, Environmental Assessment Section, Office of Environment (GM 623E), Bureau of Ocean Energy Management, Gulf of Mexico OCS Region, 1201 Elmwood Park Boulevard, New Orleans, Louisiana 70123–2394; 2. Through the regulations.gov web portal: Navigate to http:// www.regulations.gov and search for ‘‘Oil and Gas Lease Sales: Gulf of Mexico, Outer Continental Shelf; Central Planning Area Lease Sales 235, 241, and 247’’ (Note: It is important to include the quotation marks in your search terms.) Click on the ‘‘Comment Now!’’ button to the right of the document link. Enter your information and comment, then click ‘‘Submit’’; or 3. BOEM’s email address: cpa235@ boem.gov. Petitions, although accepted, do not generally provide useful information to assist in the development of alternatives, resources and issues to be analyzed, or impacting factors. BOEM does not consider anonymous comments; please include your name and address as part of your submittal. PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 52563 BOEM makes all comments, including the names and addresses of respondents, available for public review during regular business hours. Individual respondents may request that BOEM withhold their names and/or addresses from the public record; however, BOEM cannot guarantee that we will be able to do so. If you wish your name and/or address to be withheld, you must state your preference prominently at the beginning of your comment. All submissions from organizations or businesses and from individuals identifying themselves as representatives or officials of organizations or businesses will be made available for public inspection in their entirety. DATES: Comments should be submitted by September 23, 2013 to the address specified above. FOR FURTHER INFORMATION CONTACT: For information on the CPA Supplemental EIS, the submission of comments, or BOEM’s policies associated with this notice, please contact Mr. Gary D. Goeke, Chief, Environmental Assessment Section, Office of Environment (GM 623E), Bureau of Ocean Energy Management, Gulf of Mexico OCS Region, 1201 Elmwood Park Boulevard, New Orleans, LA 70123–2394, telephone (504) 736–3233. Authority: This NOI is published pursuant to the regulations (40 CFR 1501.17) implementing the provisions of NEPA. Dated:August 16, 2013. Tommy P. Beaudreau, Director, Bureau of Ocean Energy Management. [FR Doc. 2013–20649 Filed 8–22–13; 8:45 am] BILLING CODE 4310–MR–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–890] Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof; Notice of Institution of Investigation; Institution of Investigation Pursuant to 19 U.S.C. 1337 U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 19, 2013, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of ResMed Corporation of San Diego, California; ResMed SUMMARY: E:\FR\FM\23AUN1.SGM 23AUN1 52564 Federal Register / Vol. 78, No. 164 / Friday, August 23, 2013 / Notices Incorporated of San Diego, California; and ResMed Limited of Australia. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain sleepdisordered breathing treatment systems and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,997,267 (‘‘the ’267 patent’’), U.S. Patent No. 7,614,398 (‘‘the ’398 patent’’), U.S. Patent No. 7,938,116 (‘‘the ’116 patent’’), U.S. Patent No. 7,341,060 (‘‘the ’060 patent’’), U.S. Patent No. 8,312,883 (‘‘the ’883 patent’’), U.S. Patent No. 7,926,487 (‘‘the ’487 patent’’), U.S. Patent No. 7,178,527 (‘‘the ’527 patent’’), and U.S. Patent No. 7,950,392 (‘‘the ’392 patent’’). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders. The complaint, except for any confidential information contained therein, is 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., Room 112, Washington, DC 20436, telephone (202) 205–2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (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. ADDRESSES: The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2013). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on August 16, 2013, ordered that— tkelley on DSK3SPTVN1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: VerDate Mar<15>2010 17:28 Aug 22, 2013 Jkt 229001 (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain sleep-disordered breathing treatment systems and components thereof that infringe one or more of claims 32–37, 53, 79, 80, and 88 of the ’267 patent; claims 1–7 of the ’398 patent; claim 1 of the ’116 patent; claims 30, 37, and 38 of the ’060 patent; claims 1, 3, 5, 11, 28, 30, 31, and 56 of the ’883 patent; claims 1, 3, 6, 7, 9, 29, 32, 35, 40, 42, 45, 50, 51, 56, 59, 89, 92, 94, and 96 of the ’527 patent; claims 19–24, 26, 29–36, and 39–41 of the ’392 patent; and claims 13, 15, 16, 26–28, 51, 52, and 55 of the ’487 patent; and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainants are: ResMed Corporation, 9001 Spectrum Center Drive, San Diego, CA 92123. ResMed Incorporated, 9001 Spectrum Center Drive, San Diego, CA 92123. ResMed Limited, 1 Elizabeth Macarthur Drive, Bella Vista NSW 2153, Australia. (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: BMC Medical Co., Ltd., 5/F Main Building, No. 19 Gucheng Street West, Shijingshan, Beijing 100043, China. 3B Medical, Inc., 21301 US Highway 27, Lake Wales, FL 33589. 3B Products, L.L.C., 21301 US Highway 27, Lake Wales, FL 33589. (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; and (3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. Issued: August 19, 2013. By order of the Commission. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–20638 Filed 8–22–13; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF LABOR Office of the Secretary Agency Information Collection Activities; Submission for OMB Review; Comment Request; Survey of Occupational Injuries and Illnesses ACTION: Notice. The Department of Labor (DOL) is submitting the Bureau of Labor Statistics (BLS) sponsored information collection request (ICR) revision titled, ‘‘Survey of Occupational Injuries and Illnesses,’’ to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.). DATES: Submit comments on or before September 23, 2013. ADDRESSES: A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained free of charge from the RegInfo.gov Web site at http:// www.reginfo.gov/public/do/ PRAViewICR?ref_nbr=201305-1220-002 (this link will only become active on the day following publication of this notice) or by contacting Michel Smyth by telephone at 202–693–4129 (this is not a toll-free number) or sending an email to DOL_PRA_PUBLIC@dol.gov. SUMMARY: E:\FR\FM\23AUN1.SGM 23AUN1

Agencies

[Federal Register Volume 78, Number 164 (Friday, August 23, 2013)]
[Notices]
[Pages 52563-52564]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20638]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-890]


Certain Sleep-Disordered Breathing Treatment Systems and 
Components Thereof; Notice of Institution of Investigation; Institution 
of Investigation Pursuant to 19 U.S.C. 1337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on July 19, 2013, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
ResMed Corporation of San Diego, California; ResMed

[[Page 52564]]

Incorporated of San Diego, California; and ResMed Limited of Australia. 
The complaint alleges violations of section 337 based upon the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain sleep-
disordered breathing treatment systems and components thereof by reason 
of infringement of certain claims of U.S. Patent No. 7,997,267 (``the 
'267 patent''), U.S. Patent No. 7,614,398 (``the '398 patent''), U.S. 
Patent No. 7,938,116 (``the '116 patent''), U.S. Patent No. 7,341,060 
(``the '060 patent''), U.S. Patent No. 8,312,883 (``the '883 patent''), 
U.S. Patent No. 7,926,487 (``the '487 patent''), U.S. Patent No. 
7,178,527 (``the '527 patent''), and U.S. Patent No. 7,950,392 (``the 
'392 patent''). The complaint further alleges that an industry in the 
United States exists as required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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., Room 112, Washington, 
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (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.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, and in 
section 210.10 of the Commission's Rules of Practice and Procedure, 19 
CFR 210.10 (2013).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on August 16, 2013, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain sleep-
disordered breathing treatment systems and components thereof that 
infringe one or more of claims 32-37, 53, 79, 80, and 88 of the '267 
patent; claims 1-7 of the '398 patent; claim 1 of the '116 patent; 
claims 30, 37, and 38 of the '060 patent; claims 1, 3, 5, 11, 28, 30, 
31, and 56 of the '883 patent; claims 1, 3, 6, 7, 9, 29, 32, 35, 40, 
42, 45, 50, 51, 56, 59, 89, 92, 94, and 96 of the '527 patent; claims 
19-24, 26, 29-36, and 39-41 of the '392 patent; and claims 13, 15, 16, 
26-28, 51, 52, and 55 of the '487 patent; and whether an industry in 
the United States exists as required by subsection (a)(2) of section 
337;
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are: ResMed Corporation, 9001 Spectrum Center 
Drive, San Diego, CA 92123.
    ResMed Incorporated, 9001 Spectrum Center Drive, San Diego, CA 
92123.
    ResMed Limited, 1 Elizabeth Macarthur Drive, Bella Vista NSW 2153, 
Australia.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:
    BMC Medical Co., Ltd., 5/F Main Building, No. 19 Gucheng Street 
West, Shijingshan, Beijing 100043, China.
    3B Medical, Inc., 21301 US Highway 27, Lake Wales, FL 33589.
    3B Products, L.L.C., 21301 US Highway 27, Lake Wales, FL 33589.
    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

     Issued: August 19, 2013.
    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-20638 Filed 8-22-13; 8:45 am]
BILLING CODE 7020-02-P