Commencement of Claims Program, 75944-75946 [2013-29710]
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75944
Federal Register / Vol. 78, No. 240 / Friday, December 13, 2013 / Notices
are adequately presented in the parties’
existing filings.
In connection with the final
disposition of this investigation, the
Commission may (1) issue an order that
could result in the exclusion of the
subject articles from entry into the
United States, and/or (2) issue a cease
and desist order that could result in the
respondent being required to cease and
desist from engaging in unfair acts in
the importation and sale of such
articles. Accordingly, the Commission is
interested in receiving written
submissions that address the form of
remedy, if any, that should be ordered.
If a party seeks exclusion of an article
from entry into the United States for
purposes other than entry for
consumption, the party should so
indicate and provide information
establishing that activities involving
other types of entry either are adversely
affecting it or likely to do so. For
background, see Certain Devices for
Connecting Computers via Telephone
Lines, Inv. No. 337–TA–360, USITC
Pub. No. 2843 (December 1994)
(Commission Opinion).
If the Commission contemplates some
form of remedy, it must consider the
effects of that remedy upon the public
interest. The factors the Commission
will consider include the effect that an
exclusion order and/or a cease and
desist order would have on (1) the
public health and welfare, (2)
competitive conditions in the U.S.
economy, (3) U.S. production of articles
that are like or directly competitive with
those that are subject to investigation,
and (4) U.S. consumers. The
Commission is therefore interested in
receiving written submissions that
address the aforementioned public
interest factors in the context of this
investigation. The Commission is
particularly interested in briefing on the
following issues:
1. HTC’s statement on the public
interest contends that the Qualcomm
Magellan and Odyssey transceiver chips
have become a de facto standard in the
mobile devices industry. What evidence
exists to support or refute HTC’s
contention? If HTC is correct, please
discuss any evidence regarding whether
the exclusion of HTC devices containing
the Qualcomm Magellan and Odyssey
chips raise any concerns similar to those
raised by some commentators regarding
patent hold-up in the FRANDencumbered standards-essential patent
context?
2. Several entities submitted
statements on the public interest
asserting that the Commission should
consider in its public interest analysis
the fact that HTC’s accused products are
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complex devices comprising numerous
components, whereas Nokia’s
infringement allegations are directed to
a single component of the accused
devices. How (if at all) should the
Commission consider such a factor in
determining whether to issue such a
remedy or in fashioning an appropriate
remedy in this investigation?
3. How (if at all) should Nokia’s
covenant not to sue Qualcomm over the
asserted patents affect the Commission’s
consideration of the public interest in
determining whether to issue a remedy
against HTC based on the functionality
of Qualcomm components or in
fashioning an appropriate remedy in
this investigation?
4. Several entities submitted
statements on the public interest
asserting that there should be a
transition period for any remedy issued
against HTC. Please explain and provide
evidence regarding whether such a
transition period is warranted in this
investigation. Additionally, please
explain and provide evidence regarding
the appropriate duration for any such
transition period.
If the Commission orders some form
of remedy, the U.S. Trade
Representative, as delegated by the
President, has 60 days to approve or
disapprove the Commission’s action.
See Presidential Memorandum of July
21, 2005, 70 FR 43251 (July 26, 2005).
During this period, the subject articles
would be entitled to enter the United
States under bond, in an amount
determined by the Commission and
prescribed by the Secretary of the
Treasury. The Commission is therefore
interested in receiving submissions
concerning the amount of the bond that
should be imposed if a remedy is
ordered.
Written Submissions: The parties to
the investigation are requested to file
written submissions on the issues
identified in this notice. Parties to the
investigation, interested government
agencies, and any other interested
parties are encouraged to file written
submissions on the issues of remedy,
the public interest, and bonding. Such
submissions should address the
recommended determination by the ALJ
on remedy and bonding. The entirety of
the parties’ written submissions must
not exceed 75 pages, and must be filed
no later than close of business on
December 23, 2013. Reply submissions
must not exceed 50 pages, and must be
filed no later than the close of business
on January 6, 2014. No further
submissions on these issues will be
permitted unless otherwise ordered by
the Commission.
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Persons filing written submissions
must file the original document
electronically on or before the deadlines
stated above and submit 8 true paper
copies to the Office of the Secretary by
noon the next day pursuant to section
210.4(f) of the Commission’s Rules of
Practice and Procedure (19 CFR
210.4(f)). Submissions should refer to
the investigation number (‘‘Inv. No.
337–TA–847’’) in a prominent place on
the cover page and/or the first page. (See
Handbook for Electronic Filing
Procedures, https://www.usitc.gov/
secretary/fed_reg_notices/rules/
handbook_on_electronic_filing.pdf).
Persons with questions regarding filing
should contact the Secretary (202–205–
2000).
Any person desiring to submit a
document to the Commission in
confidence must request confidential
treatment. All such requests should be
directed to the Secretary to the
Commission and must include a full
statement of the reasons why the
Commission should grant such
treatment. See 19 CFR 201.6. Documents
for which confidential treatment by the
Commission is properly sought will be
treated accordingly. A redacted nonconfidential version of the document
must also be filed simultaneously with
the any confidential filing. All nonconfidential written submissions will be
available for public inspection at the
Office of the Secretary and on EDIS.
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 210.42–46 of the Commission’s
Rules of Practice and Procedure (19 CFR
210.42–46).
By order of the Commission.
Issued: December 9, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013–29738 Filed 12–12–13; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Foreign Claims Settlement
Commission
Commencement of Claims Program
Foreign Claims Settlement
Commission of the United States,
Department of Justice.
ACTION: Notice
AGENCY:
This notice announces the
commencement by the Foreign Claims
Settlement Commission
(‘‘Commission’’) of a program for
adjudication of certain categories of
SUMMARY:
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Federal Register / Vol. 78, No. 240 / Friday, December 13, 2013 / Notices
claims of United States nationals against
the Government of Libya, as defined
below, which were settled under the
‘‘Claims Settlement Agreement Between
the United States of America and the
Great Socialist People’s Libyan Arab
Jamahiriya’’ (‘‘Claims Settlement
Agreement’’) effective August 14, 2008.
DATES: These claims can now be filed
with the Commission and the deadline
for filing will be June 13, 2014.
FOR FURTHER INFORMATION CONTACT:
Brian M. Simkin, Chief Counsel, Foreign
Claims Settlement Commission of the
United States, 600 E Street NW., Room
6002, Washington, DC 20579, Tel. (202)
616–6975, FAX (202) 616–6993.
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Notice of Commencement of Claims
Adjudication Program
Pursuant to the authority conferred
upon the Secretary of State and the
Commission under subsection 4(a)(1)(C)
of Title I of the International Claims
Settlement Act of 1949 (Pub. L. 455,
81st Cong., approved March 10, 1950, as
amended by Pub. L. 105–277, approved
October 21, 1998 (22 U.S.C.
1623(a)(1)(C))), the Foreign Claims
Settlement Commission hereby gives
notice of the commencement of a
program for adjudication of certain
categories of claims of United States
nationals against the Government of
Libya. These claims, which have been
referred to the Commission by the
Department of State by letter dated
November 27, 2013, are defined as
follows:
Category A: This category shall consist of
claims of U.S. nationals for physical injury
who had claims in the Pending Litigation,
but whose claims for physical injury were
previously denied by the Commission for
failure to plead for injury other than
emotional injury alone in the Pending
Litigation, provided that (1) the claim meets
the standard for physical injury adopted by
the Commission; (2) the claimant was a
named party in the Pending Litigation; (3) the
Pending Litigation against Libya has been
dismissed before the claim is submitted to
the Commission; and (4) the claimant has not
received any compensation under any other
distribution under the Claims Settlement
Agreement and does not qualify for any other
category of compensation in this referral
except Category D.
Category B: This category shall consist of
claims of U.S. nationals for mental pain and
anguish who are living close relatives of a
decedent provided that (1) the claim was set
forth as a claim for emotional distress,
solatium, or similar emotional injury by the
claimant in the Pending Litigation; (2) the
claim meets the standard adopted by the
Commission for mental pain and anguish; (3)
the claimant is not eligible for compensation
as part of the associated wrongful death
claim; and (4) the claimant has not received
any compensation under any other
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distribution under the Claims Settlement
Agreement, and does not qualify for any
other category of compensation in this
referral.
Category C: This category shall consist of
claims of U.S. nationals who were held
hostage or unlawfully detained in violation
of international law during one of the
terrorist incidents listed in Attachment 2
(‘‘Covered Incidents’’), provided that (1) the
claimant was not a plaintiff in the Pending
Litigation; (2) the claim meets the standard
for such claims adopted by the Commission;
and (3) the claimant has not received any
compensation under any other distribution
under the Claims Settlement Agreement, and
does not qualify for any other category of
compensation in this referral.
Category D: This category shall consist of
claims of U.S. nationals for compensation for
physical injury in addition to amounts
already recovered under the Commission
process initiated by the Department of State’s
January 15, 2009 referral or by this referral,
provided that (1) the claimant has received
an award for physical injury pursuant to the
Department of State’s January 15, 2009
referral or this referral; (2) the Commission
determines that the severity of the injury is
a special circumstance warranting additional
compensation, or that additional
compensation is warranted because the
injury resulted in the victim’s death; and (3)
the claimant did not make a claim or receive
any compensation under Category D of the
Department of State’s January 15, 2009
referral.
Category E: This category shall consist of
claims of U.S. nationals for mental pain and
anguish who are living close relatives of a
decedent whose death formed the basis of a
death claim compensated under the Claims
Settlement Agreement, provided that (1) the
claimant was not a plaintiff in the Pending
Litigation; (2) the claimant is not eligible for
compensation from the associated wrongful
death claim, and the claimant did not receive
any compensation from the wrongful death
claim; (3) the claim meets the standard
adopted by the Commission for mental pain
and anguish; and (4) the claimant has not
received any compensation under any other
distribution under the Claims Settlement
Agreement, and does not qualify for any
other category of compensation in this
referral.
Category F: This category shall consist of
commercial claims of U.S. nationals provided
that (1) the claim was set forth by a claimant
named in Abbott et al. v. Socialist People’s
Libyan Arab Jamahiriya (D.D.C.) 1:94–cv–
02444–SS; and (2) the Commission
determines that the claim would be
compensable under the applicable legal
principles.
The ‘‘Pending Litigation’’ referenced
above is composed of the following
cases:
Baker v. Socialist People’s Libyan Arab
Jamahiriya (D.D.C.) 03–cv–749;
Pflug v. Socialist People’s Libyan Arab
Jamahiriya (D.D.C.) 08–cv–505.
Certain Underwriters at Lloyds London v.
Great Socialist People’s Libyan Arab
Jamahiriya (D.D.C.) 06–cv–731.
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Clay v. Socialist People’s Libyan Arab
Jamahiriya (D.D.C.) 06–cv–707.
Collett v. Socialist People’s Libyan Arab
Jamahiriya (D.D.C.) 01–cv–2103.
Cummock v. Socialist People’s Libyan
Arab Jamahiriya (D.D.C.) 02–cv–2134.
Estate of John Buonocore III v. Great
Socialist Libyan Arab Jamahiriya (D.D.C.)
06–cv–727;
Simpson v. Great Socialist People’s Libyan
Arab Jamahiriya (D.D.C.) 08–cv–529.
Fisher v. Great Socialist People’s Libyan
Arab Jamahiriya (D.D.C.) 04–cv–2055.
Franqui v. Syrian Arab Republic, et al.
(D.D.C.) 06–cv–734.
Hagerman v. Socialist People’s Libyan
Arab Jamahiriya (D.D.C.) 02–cv–2147.
Harris v. Socialist People’s Libyan Arab
Jamahiriya (D.D.C.) 06–cv–732.
Hartford Fire Insurance Company v.
Socialist People’s Libyan Arab Jamahiriya
(D.D.C.) 98–cv–3096.
Kilburn v. Islamic Republic of Iran, et al.
(D.D.C.) 01–cv–1301.
Knowland v. Great Socialist People’s
Libyan Arab Jamahiriya (D.D.C.) 08–cv–
1309.
La Reunion Aerienne v. Socialist People’s
Libyan Arab Jamahiriya (D.D.C.) 05–cv–1932.
McDonald v. Socialist People’s Arab
Jamahiriya (D.D.C.) 06–cv–729.
MacQuarrie v. Socialist People’s Libyan
Arab Jamahiriya (D.D.C.) 04–cv–176.
Patel v. Socialist People’s Libyan Arab
Jamahiriya (D.D.C.) 06–cv–626.
Pugh v. Socialist People’s Libyan Arab
Jamahiriya (D.D.C.) 02–cv–2026.
Simpson v. Socialist People’s Libyan Arab
Jamahiriya (D.D.C.) 00–cv–1722.
Beecham, et al. v. Great Socialist People’s
Libyan Arab Jamahiriya, et al. (D.D.C.) 01–
cv–2243.
The ‘‘Covered Incidents’’ referenced
above for purposes of Category C are
composed of the following:
May 30, 1972 attack at Lod Airport in
Israel, as alleged in Franqui v. Syrian Arab
Republic, et al. (D.D.C.) 06–cv–734.
December 17, 1983 vehicle bomb explosion
near Harrods Department Store in
Knightsbridge, London, England, as alleged
in McDonald v. Socialist People’s Arab
Jamahiriya (D.D.C.) 06–cv–729.
November 30, 1984 (approximate)
kidnapping and subsequent death of Peter C.
Kilburn, as alleged in Kilburn v. Socialist
People’s Libyan Arab Jamahiriya (D.D.C.) 01–
cv–1301.
March 25, 1985 (approximate) kidnapping
and subsequent death of Alec L. Collett, as
alleged in Collett v. Socialist People’s Libyan
Arab Jamahiriya (D.D.C.) 01–cv–2103.
November 23, 1985 hijacking of Egypt Air
flight 648, as alleged in Certain Underwriters
at Lloyds London v. Great Socialist People’s
Libyan Arab Jamahiriya (D.D.C.) 06–cv–731
and Baker v. Socialist People’s Libyan Arab
Jamahiriya (D.D.C.) 03–cv–749/Pflug v.
Socialist People’s Libyan Arab Jamahiriya
(D.D.C.) 08–cv–505.
December 27, 1985 attack at the Leonardo
da Vinci Airport in Rome, Italy, as alleged in
Estate of John Buonocore III v. Great Socialist
Libyan Arab Jamahiriya (D.D.C.) 06–cv–727/
Simpson v. Great Socialist People’s Libyan
Arab Jamahiriya (D.D.C.) 08–cv–529.
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December 27, 1985 attack at the Schwechat
Airport in Vienna, Austria, as alleged in
Knowland v. Great Socialist People’s Libyan
Arab Jamahiriya (D.D.C.) 08–cv–1309.
April 5, 1986 bombing of the La Belle
Discotheque in Berlin, Germany, as alleged in
Clay v. Socialist People’s Libyan Arab
Jamahiriya (D.D.C.) 06–cv–707 and Harris v.
Socialist People’s Libyan Arab Jamahiriya
(D.D.C.) 06–cv–732.
September 5, 1986 hijacking of Pan Am
flight 73, as alleged in Patel v. Socialist
People’s Libyan Arab Jamahiriya (D.D.C.) 06–
cv–626.
Detention beginning February 10, 1987 of
the passengers and crew of the private yacht
‘‘Carin 11,’’ as alleged in Simpson v. Socialist
People’s Libyan Arab Jamahiriya (D.D.C.) 00–
cv–1722.
December 21, 1988 bombing of Pan Am
flight 103, as alleged in Cummock v. Socialist
People’s Libyan Arab Jamahiriya (D.D.C.) 02–
cv–2134, Fisher v. Great Socialist People’s
Libyan Arab Jamahiriya (D.D.C.) 04–cv–2055,
Hagerman v. Socialist People’s Libyan Arab
Jamahiriya (D.D.C.) 02–cv–2147, Hartford
Fire Insurance Company v. Socialist People’s
Libyan Arab Jamahiriya (D.D.C.) 98–cv–3096,
and MacQuarrie v. Socialist People’s Libyan
Arab Jamahiriya (D.D.C.) 04–cv–176.
September 19, 1989 bombing of UTA flight
772, as alleged in La Reunion Aerienne v.
Socialist People’s Libyan Arab Jamahiriya
(D.D.C.) 05–cv–1932 and Pugh v. Socialist
People’s Libyan Arab Jamahiriya (D.D.C.) 02–
cv–2026.
In conformity with the terms of the
referral, the Commission will determine
the claims in accordance with the
provisions of 22 U.S.C. 1621 et seq.,
which comprises Title I of the
International Claims Settlement Act of
1949, as amended. The Commission will
then certify to the Secretary of the
Treasury those claims that it finds to be
valid, for payment out of the claims
fund established under the Claims
Settlement Agreement.
The Commission will administer this
claims adjudication program in
accordance with its regulations, which
are published in Chapter V of Title 45,
Code of Federal Regulations (45 CFR
part 500 et seq.). In particular, attention
is directed to subsection 500.3(a) of
these regulations which, based on 22
U.S.C. 1623(f), limits the amount of
attorney’s fees that may be charged for
legal representation before the
Commission. These regulations are also
available over the Internet at https://
www.gpoaccess.gov/cfr/.
Approval has been obtained from the
Office of Management and Budget for
the collection of this information.
Approval No. 1105–0100, expiration
date 11/30/2016.
Brian M. Simkin,
Chief Counsel.
[FR Doc. 2013–29710 Filed 12–12–13; 8:45 am]
17:02 Dec 12, 2013
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Loans to
Plan Participants and Beneficiaries
Who Are Parties in Interest With
Respect to the Plan Regulation
Notice.
The Department of Labor
(DOL) is submitting the Employee
Benefits Security Administration
(EBSA) sponsored information
collection request (ICR) titled, ‘‘Loans to
Plan Participants and Beneficiaries Who
Are Parties In Interest With Respect to
the Plan Regulation,’’ to the Office of
Management and Budget (OMB) for
review and approval for continued use,
without change, in accordance with the
Paperwork Reduction Act of 1995
(PRA), 44 U.S.C. 3501 et seq.
DATES: Submit comments on or before
January 13, 2014.
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 https://
www.reginfo.gov/public/do/
PRAViewICR?ref_nbr=201311-1210-001
(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.
Submit comments about this request
by mail or courier to the Office of
Information and Regulatory Affairs,
Attn: OMB Desk Officer for DOL–EBSA,
Office of Management and Budget,
Room 10235, 725 17th Street NW.,
Washington, DC 20503; by Fax: 202–
395–6881 (this is not a toll-free
number); or by email: OIRA_
submission@omb.eop.gov. Commenters
are encouraged, but not required, to
send a courtesy copy of any comments
by mail or courier to the U.S.
Department of Labor-OASAM, Office of
the Chief Information Officer, Attn:
Departmental Information Compliance
Management Program, Room N1301,
200 Constitution Avenue NW.,
Washington, DC 20210; or by email:
DOL_PRA_PUBLIC@dol.gov.
FOR FURTHER INFORMATION CONTACT:
Michel Smyth by telephone at 202–693–
4129 (this is not a toll-free number) or
by email at DOL_PRA_PUBLIC@dol.gov.
SUMMARY:
Authority: 44 U.S.C. 3507(a)(1)(D).
BILLING CODE 4410–01–P
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ACTION:
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The ICR
seeks to maintain PRA authority to
conduct information collections
contained in the regulation related to
plan participants and beneficiaries who
are parties in interest with respect to the
plan, 29 CFR 2550.408b–1. The
Employee Retirement Income Security
Act (ERISA) prohibits a plan fiduciary
from causing the plan to engage in a
transaction, if the fiduciary knows or
should know the transaction constitutes
a direct or indirect loan or extension of
credit between the plan and a party in
interest. ERISA section 408(b)(1)
exempts from this prohibition a loan
from a plan to a party in interest who
is also a plan participant or beneficiary,
provided satisfaction of certain
requirements. DOL regulations
implementing the statutory provision
provide additional guidance.
Specifically, regulations 29 CFR
2550.408b–1(d) prescribes eight specific
provisions that must be included in the
plan documents, including: (1) An
explicit authorization for the plan
fiduciary responsible for investing plan
assets to establish such a loan program,
(2) the identity of the person or position
authorized to administer the program,
(3) a procedure for applying for loans,
(4) the basis on which loans will be
approved or denied, (5) limitations, if
any, on the types and amounts of loans
offered, (6) the procedure for
determining a reasonable interest rate,
(7) types of collateral that may secure a
participant loan, and (8) the events
constituting default and the steps that
will be taken to preserve plan assets in
the event of such default.
This information collection is subject
to the PRA. A Federal agency generally
cannot conduct or sponsor a collection
of information, and the public is
generally not required to respond to an
information collection, unless it is
approved by the OMB under the PRA
and displays a currently valid OMB
Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information that does not
display a valid Control Number. See 5
CFR 1320.5(a) and 1320.6. The DOL
obtains OMB approval for this
information collection under Control
Number 1210–0076.
OMB authorization for an ICR cannot
be for more than three (3) years without
renewal, and the current approval for
this collection is scheduled to expire on
December 31, 2013. The DOL seeks to
extend PRA authorization for this
information collection for three (3) more
years, without any change to existing
requirements. The DOL notes that
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF LABOR
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]]>Agencies
[Federal Register Volume 78, Number 240 (Friday, December 13, 2013)]
[Notices]
[Pages 75944-75946]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29710]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Foreign Claims Settlement Commission
Commencement of Claims Program
AGENCY: Foreign Claims Settlement Commission of the United States,
Department of Justice.
ACTION: Notice
-----------------------------------------------------------------------
SUMMARY: This notice announces the commencement by the Foreign Claims
Settlement Commission (``Commission'') of a program for adjudication of
certain categories of
[[Page 75945]]
claims of United States nationals against the Government of Libya, as
defined below, which were settled under the ``Claims Settlement
Agreement Between the United States of America and the Great Socialist
People's Libyan Arab Jamahiriya'' (``Claims Settlement Agreement'')
effective August 14, 2008.
DATES: These claims can now be filed with the Commission and the
deadline for filing will be June 13, 2014.
FOR FURTHER INFORMATION CONTACT: Brian M. Simkin, Chief Counsel,
Foreign Claims Settlement Commission of the United States, 600 E Street
NW., Room 6002, Washington, DC 20579, Tel. (202) 616-6975, FAX (202)
616-6993.
Notice of Commencement of Claims Adjudication Program
Pursuant to the authority conferred upon the Secretary of State and
the Commission under subsection 4(a)(1)(C) of Title I of the
International Claims Settlement Act of 1949 (Pub. L. 455, 81st Cong.,
approved March 10, 1950, as amended by Pub. L. 105-277, approved
October 21, 1998 (22 U.S.C. 1623(a)(1)(C))), the Foreign Claims
Settlement Commission hereby gives notice of the commencement of a
program for adjudication of certain categories of claims of United
States nationals against the Government of Libya. These claims, which
have been referred to the Commission by the Department of State by
letter dated November 27, 2013, are defined as follows:
Category A: This category shall consist of claims of U.S.
nationals for physical injury who had claims in the Pending
Litigation, but whose claims for physical injury were previously
denied by the Commission for failure to plead for injury other than
emotional injury alone in the Pending Litigation, provided that (1)
the claim meets the standard for physical injury adopted by the
Commission; (2) the claimant was a named party in the Pending
Litigation; (3) the Pending Litigation against Libya has been
dismissed before the claim is submitted to the Commission; and (4)
the claimant has not received any compensation under any other
distribution under the Claims Settlement Agreement and does not
qualify for any other category of compensation in this referral
except Category D.
Category B: This category shall consist of claims of U.S.
nationals for mental pain and anguish who are living close relatives
of a decedent provided that (1) the claim was set forth as a claim
for emotional distress, solatium, or similar emotional injury by the
claimant in the Pending Litigation; (2) the claim meets the standard
adopted by the Commission for mental pain and anguish; (3) the
claimant is not eligible for compensation as part of the associated
wrongful death claim; and (4) the claimant has not received any
compensation under any other distribution under the Claims
Settlement Agreement, and does not qualify for any other category of
compensation in this referral.
Category C: This category shall consist of claims of U.S.
nationals who were held hostage or unlawfully detained in violation
of international law during one of the terrorist incidents listed in
Attachment 2 (``Covered Incidents''), provided that (1) the claimant
was not a plaintiff in the Pending Litigation; (2) the claim meets
the standard for such claims adopted by the Commission; and (3) the
claimant has not received any compensation under any other
distribution under the Claims Settlement Agreement, and does not
qualify for any other category of compensation in this referral.
Category D: This category shall consist of claims of U.S.
nationals for compensation for physical injury in addition to
amounts already recovered under the Commission process initiated by
the Department of State's January 15, 2009 referral or by this
referral, provided that (1) the claimant has received an award for
physical injury pursuant to the Department of State's January 15,
2009 referral or this referral; (2) the Commission determines that
the severity of the injury is a special circumstance warranting
additional compensation, or that additional compensation is
warranted because the injury resulted in the victim's death; and (3)
the claimant did not make a claim or receive any compensation under
Category D of the Department of State's January 15, 2009 referral.
Category E: This category shall consist of claims of U.S.
nationals for mental pain and anguish who are living close relatives
of a decedent whose death formed the basis of a death claim
compensated under the Claims Settlement Agreement, provided that (1)
the claimant was not a plaintiff in the Pending Litigation; (2) the
claimant is not eligible for compensation from the associated
wrongful death claim, and the claimant did not receive any
compensation from the wrongful death claim; (3) the claim meets the
standard adopted by the Commission for mental pain and anguish; and
(4) the claimant has not received any compensation under any other
distribution under the Claims Settlement Agreement, and does not
qualify for any other category of compensation in this referral.
Category F: This category shall consist of commercial claims of
U.S. nationals provided that (1) the claim was set forth by a
claimant named in Abbott et al. v. Socialist People's Libyan Arab
Jamahiriya (D.D.C.) 1:94-cv-02444-SS; and (2) the Commission
determines that the claim would be compensable under the applicable
legal principles.
The ``Pending Litigation'' referenced above is composed of the
following cases:
Baker v. Socialist People's Libyan Arab Jamahiriya (D.D.C.) 03-
cv-749;
Pflug v. Socialist People's Libyan Arab Jamahiriya (D.D.C.) 08-
cv-505.
Certain Underwriters at Lloyds London v. Great Socialist
People's Libyan Arab Jamahiriya (D.D.C.) 06-cv-731.
Clay v. Socialist People's Libyan Arab Jamahiriya (D.D.C.) 06-
cv-707.
Collett v. Socialist People's Libyan Arab Jamahiriya (D.D.C.)
01-cv-2103.
Cummock v. Socialist People's Libyan Arab Jamahiriya (D.D.C.)
02-cv-2134.
Estate of John Buonocore III v. Great Socialist Libyan Arab
Jamahiriya (D.D.C.) 06-cv-727;
Simpson v. Great Socialist People's Libyan Arab Jamahiriya
(D.D.C.) 08-cv-529.
Fisher v. Great Socialist People's Libyan Arab Jamahiriya
(D.D.C.) 04-cv-2055.
Franqui v. Syrian Arab Republic, et al. (D.D.C.) 06-cv-734.
Hagerman v. Socialist People's Libyan Arab Jamahiriya (D.D.C.)
02-cv-2147.
Harris v. Socialist People's Libyan Arab Jamahiriya (D.D.C.) 06-
cv-732.
Hartford Fire Insurance Company v. Socialist People's Libyan
Arab Jamahiriya (D.D.C.) 98-cv-3096.
Kilburn v. Islamic Republic of Iran, et al. (D.D.C.) 01-cv-1301.
Knowland v. Great Socialist People's Libyan Arab Jamahiriya
(D.D.C.) 08-cv-1309.
La Reunion Aerienne v. Socialist People's Libyan Arab Jamahiriya
(D.D.C.) 05-cv-1932.
McDonald v. Socialist People's Arab Jamahiriya (D.D.C.) 06-cv-
729.
MacQuarrie v. Socialist People's Libyan Arab Jamahiriya (D.D.C.)
04-cv-176.
Patel v. Socialist People's Libyan Arab Jamahiriya (D.D.C.) 06-
cv-626.
Pugh v. Socialist People's Libyan Arab Jamahiriya (D.D.C.) 02-
cv-2026.
Simpson v. Socialist People's Libyan Arab Jamahiriya (D.D.C.)
00-cv-1722.
Beecham, et al. v. Great Socialist People's Libyan Arab
Jamahiriya, et al. (D.D.C.) 01-cv-2243.
The ``Covered Incidents'' referenced above for purposes of Category
C are composed of the following:
May 30, 1972 attack at Lod Airport in Israel, as alleged in
Franqui v. Syrian Arab Republic, et al. (D.D.C.) 06-cv-734.
December 17, 1983 vehicle bomb explosion near Harrods Department
Store in Knightsbridge, London, England, as alleged in McDonald v.
Socialist People's Arab Jamahiriya (D.D.C.) 06-cv-729.
November 30, 1984 (approximate) kidnapping and subsequent death
of Peter C. Kilburn, as alleged in Kilburn v. Socialist People's
Libyan Arab Jamahiriya (D.D.C.) 01-cv-1301.
March 25, 1985 (approximate) kidnapping and subsequent death of
Alec L. Collett, as alleged in Collett v. Socialist People's Libyan
Arab Jamahiriya (D.D.C.) 01-cv-2103.
November 23, 1985 hijacking of Egypt Air flight 648, as alleged
in Certain Underwriters at Lloyds London v. Great Socialist People's
Libyan Arab Jamahiriya (D.D.C.) 06-cv-731 and Baker v. Socialist
People's Libyan Arab Jamahiriya (D.D.C.) 03-cv-749/Pflug v.
Socialist People's Libyan Arab Jamahiriya (D.D.C.) 08-cv-505.
December 27, 1985 attack at the Leonardo da Vinci Airport in
Rome, Italy, as alleged in Estate of John Buonocore III v. Great
Socialist Libyan Arab Jamahiriya (D.D.C.) 06-cv-727/Simpson v. Great
Socialist People's Libyan Arab Jamahiriya (D.D.C.) 08-cv-529.
[[Page 75946]]
December 27, 1985 attack at the Schwechat Airport in Vienna,
Austria, as alleged in Knowland v. Great Socialist People's Libyan
Arab Jamahiriya (D.D.C.) 08-cv-1309.
April 5, 1986 bombing of the La Belle Discotheque in Berlin,
Germany, as alleged in Clay v. Socialist People's Libyan Arab
Jamahiriya (D.D.C.) 06-cv-707 and Harris v. Socialist People's
Libyan Arab Jamahiriya (D.D.C.) 06-cv-732.
September 5, 1986 hijacking of Pan Am flight 73, as alleged in
Patel v. Socialist People's Libyan Arab Jamahiriya (D.D.C.) 06-cv-
626.
Detention beginning February 10, 1987 of the passengers and crew
of the private yacht ``Carin 11,'' as alleged in Simpson v.
Socialist People's Libyan Arab Jamahiriya (D.D.C.) 00-cv-1722.
December 21, 1988 bombing of Pan Am flight 103, as alleged in
Cummock v. Socialist People's Libyan Arab Jamahiriya (D.D.C.) 02-cv-
2134, Fisher v. Great Socialist People's Libyan Arab Jamahiriya
(D.D.C.) 04-cv-2055, Hagerman v. Socialist People's Libyan Arab
Jamahiriya (D.D.C.) 02-cv-2147, Hartford Fire Insurance Company v.
Socialist People's Libyan Arab Jamahiriya (D.D.C.) 98-cv-3096, and
MacQuarrie v. Socialist People's Libyan Arab Jamahiriya (D.D.C.) 04-
cv-176.
September 19, 1989 bombing of UTA flight 772, as alleged in La
Reunion Aerienne v. Socialist People's Libyan Arab Jamahiriya
(D.D.C.) 05-cv-1932 and Pugh v. Socialist People's Libyan Arab
Jamahiriya (D.D.C.) 02-cv-2026.
In conformity with the terms of the referral, the Commission will
determine the claims in accordance with the provisions of 22 U.S.C.
1621 et seq., which comprises Title I of the International Claims
Settlement Act of 1949, as amended. The Commission will then certify to
the Secretary of the Treasury those claims that it finds to be valid,
for payment out of the claims fund established under the Claims
Settlement Agreement.
The Commission will administer this claims adjudication program in
accordance with its regulations, which are published in Chapter V of
Title 45, Code of Federal Regulations (45 CFR part 500 et seq.). In
particular, attention is directed to subsection 500.3(a) of these
regulations which, based on 22 U.S.C. 1623(f), limits the amount of
attorney's fees that may be charged for legal representation before the
Commission. These regulations are also available over the Internet at
https://www.gpoaccess.gov/cfr/.
Approval has been obtained from the Office of Management and Budget
for the collection of this information. Approval No. 1105-0100,
expiration date 11/30/2016.
Brian M. Simkin,
Chief Counsel.
[FR Doc. 2013-29710 Filed 12-12-13; 8:45 am]
BILLING CODE 4410-01-P
