Agency Information Collection Activities; Submission for OMB Review; Comment Request; Respirator Program Records, 33951-33952 [2014-13873]
Download as PDF
mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 114 / Friday, June 13, 2014 / Notices
Commission has determined to issue a
civil penalty order in the amount of
$6,242,500 directed against respondents
DeLorme Publishing Company, Inc. and
DeLorme InReach LLC (collectively,
‘‘DeLorme’’), both of Yarmouth, Maine,
for a violation of the April 5, 2013,
consent order (‘‘the Consent Order’’).
FOR FURTHER INFORMATION CONTACT:
Clint Gerdine, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
708–2310. Copies of non-confidential
documents filed in connection with this
investigation are or will be available for
inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the
Office of the Secretary, U.S.
International Trade Commission, 500 E
Street SW., Washington, DC 20436,
telephone (202) 205–2000. General
information concerning the Commission
may also be obtained by accessing its
Internet server at https://www.usitc.gov.
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
edis.usitc.gov. Hearing-impaired
persons are advised that information on
this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this enforcement
proceeding on May 24, 2013, based on
an enforcement complaint filed on
behalf of BriarTek IP, Inc. (‘‘BriarTek’’)
of Alexandria, Virginia. 78 FR 31576–
77. The complaint alleged violations of
the Consent Order issued in the
underlying investigation by the
continued practice of prohibited
activities such as selling or offering for
sale within the United States after
importation accused two-way global
satellite communication devices,
system, or components thereof that
infringe one or more of claims 1, 2, 5,
10–12, and 34 of U.S. Patent No.
7,991,380 (‘‘the ’380 patent’’). The
Commission’s notice of institution of
enforcement proceeding named
DeLorme as respondents. 78 FR 31577.
The Office of Unfair Import
Investigations was also named as a
party. Id. Claims 5, 11–12, and 34 have
been terminated from the enforcement
proceeding.
On March 7, 2014, the presiding
administrative law judge (‘‘ALJ’’) issued
an enforcement initial determination
(‘‘EID’’) finding a violation of the
Consent Order. The ALJ concluded that,
after issuance of the consent order,
DeLorme has sold or offered for sale
within the United States after
importation accused InReach 1.5
VerDate Mar<15>2010
18:01 Jun 12, 2014
Jkt 232001
devices that infringe, via inducement,
claims 1 and 2 of the ’380 patent. The
ALJ also found no induced infringement
and therefore no violation of the
Consent Order with respect to accused
InReach SE devices. The ALJ also found
no induced infringement and therefore
no violation of the Consent Order with
respect to any accused InReach devices
sold before, and activated after, the
effective date of the Consent Order. The
ALJ also recommended a civil penalty of
$637,500 against DeLorme as an
enforcement measure for the violation.
On March 20, 2014, BriarTek, DeLorme,
and the Commission investigative
attorney (‘‘IA’’) each filed a petition for
review of the EID. On March 27, 2014,
BriarTek, DeLorme, and the IA each
filed a response to opposing petitions.
On April 23, 2014, the Commission
issued notice of its determination to
review the EID in part, and on review,
the Commission determined to reversein-part and vacate-in-part the EID’s
findings. Specifically, the Commission
determined not to review the ALJ’s
finding of a violation of the Consent
Order with respect to the infringing
InReach 1.5 devices. The Commission
also determined to reverse the ALJ’s
finding of no induced infringement and
no violation of the Consent Order with
respect to accused InReach SE devices,
which resulted in a finding of a
violation of the Consent Order with
respect to these InReach devices. The
Commission also determined to reverse
the ALJ’s finding of no induced
infringement with respect to accused
InReach devices that were sold before,
and activated after, the effective date of
the Consent Order. This action did not
change the ALJ’s finding of no violation
with respect to these InReach devices
sold before, and activated after, the
effective date of the Consent Order. The
Commission further determined to
vacate the portion of the ALJ’s analysis
that relied on Akamai Techs., Inc. v.
Limelight Networks, Inc., 692 F.3d 1301,
1305 (Fed. Cir. 2012) (en banc), cert.
granted, Limelight Networks, Inc. v.
Akamai Techs., Inc., 134 S. Ct. 895
(2014), to find direct infringement of
claims 1 and 2 of the ’380 patent
through ‘‘use’’ of the claimed system by
an end user. The Commission also
determined to vacate the portion of the
ALJ’s analysis concerning specific intent
for induced infringement of these claims
based on Akamai. See EID at 85–86, 92.
The Commission also requested the
parties to provide briefing on the
amount of the civil penalty to be
imposed and on the public interest. On
April 30, 2014, BriarTek, DeLorme, and
the IA each filed a brief responding to
the Commission’s request for written
PO 00000
Frm 00060
Fmt 4703
Sfmt 4703
33951
submissions. On May 7, 2014, the
parties filed reply briefs.
Having examined the record in this
enforcement proceeding, including the
EID and the parties’ submissions, the
Commission has determined to impose
a civil penalty of $6,242,500 on
DeLorme for violation of the Consent
Order on 227 separate days.
The Commission has terminated the
enforcement proceeding. 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 Part 210 of the
Commission’s Rules of Practice and
Procedure, 19 CFR part 210.
By order of the Commission.
Issued: June 9, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014–13828 Filed 6–12–14; 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; Respirator
Program Records
ACTION:
Notice.
The Department of Labor
(DOL) is submitting the Mine Safety and
Health Administration (MSHA)
sponsored information collection
request (ICR) titled, ‘‘Respirator Program
Records,’’ 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. Public
comments on the ICR are invited.
DATES: The OMB will consider all
written comments that agency receives
on or before July 14, 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.201311-1219-003gov/
public/do/PRAViewICR?ref_
nbr=201311-1219-003 (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, TTY 202–693–8064,
(these are not toll-free numbers) or by
email at DOL_PRA_PUBLIC@dol.gov.
SUMMARY:
E:\FR\FM\13JNN1.SGM
13JNN1
mstockstill on DSK4VPTVN1PROD with NOTICES
33952
Federal Register / Vol. 79, No. 114 / Friday, June 13, 2014 / Notices
Submit comments about this request
by mail or courier to the Office of
Information and Regulatory Affairs,
Attn: OMB Desk Officer for DOL–
MSHA, 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:
Contact Michel Smyth by telephone at
202–693–4129, TTY 202–693–8064,
(these are not toll-free numbers) or by
email at DOL_PRA_PUBLIC@dol.gov.
SUPPLEMENTARY INFORMATION: This ICR
seeks to extend PRA authority for the
Respirator Program Records information
collection requirements contained in
regulations 30 CFR 56.5005 and 57–
5005, which provide that, generally,
whenever respiratory equipment is
used, the metal or nonmetal mine
operator must institute a respirator
program governing selection,
maintenance, training, fitting,
supervision, cleaning, and use of
respirators. These regulations seek to
control miner exposure to harmful
airborne contaminants by using
engineering controls to prevent
contamination and to vent or to dilute
any contaminated air. The regulations
include information collections related
to the development of a respirator
program that addresses the selection,
use, and care of respirators; fit-testing
records used to ensure that a respirator
worn by an individual is the same
brand, model, and size respirator that
was worn when that individual
successfully passed a fit-test; and
records kept of inspection dates and
findings for respirators maintained for
emergency use. The mine operator uses
the information to issue proper
respiratory protection to miners when
feasible engineering and/or
administrative controls do not reduce
miners’ exposures to permissible levels.
The MSHA uses the information to
determine compliance with the
standard. Mine Safety and Health Act of
1977 section 103(h) authorizes this
information collection. See 30 U.S.C.
103(h).
This information collection is subject
to the PRA. A Federal agency generally
VerDate Mar<15>2010
18:01 Jun 12, 2014
Jkt 232001
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 1219–0048.
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
July 31, 2014. 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
existing information collection
requirements submitted to the OMB
receive a month-to-month extension
while they undergo review. For
additional substantive information
about this ICR, see the related notice
published in the Federal Register on
February 27, 2014 (79 FR 11128).
Interested parties are encouraged to
send comments to the OMB, Office of
Information and Regulatory Affairs at
the address shown in the ADDRESSES
section within 30 days of publication of
this notice in the Federal Register. In
order to help ensure appropriate
consideration, comments should
mention OMB Control Number 1219–
0048. The OMB is particularly
interested in comments that:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Agency: DOL–MSHA.
PO 00000
Frm 00061
Fmt 4703
Sfmt 4703
Title of Collection: Respirator Program
Records.
OMB Control Number: 1219–0048.
Affected Public: Private Sector—
businesses or other for-profits.
Total Estimated Number of
Respondents: 300.
Total Estimated Number of
Responses: 5,400.
Total Estimated Annual Time Burden:
3,074 hours.
Total Estimated Annual Other Costs
Burden: $90,000.
Authority: 44 U.S.C. 3507(a)(1)(D).
Dated: June 9, 2014.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2014–13873 Filed 6–12–14; 8:45 am]
BILLING CODE 4510–43–P
DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Claim for
Continuance of Compensation
ACTION:
Notice.
The Department of Labor
(DOL) is submitting the Office of
Workers’ Compensation Programs
sponsored information collection
request (ICR) revision titled, ‘‘Claim for
Continuance of Compensation,’’ 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.). Public comments on the
ICR are invited.
DATES: The OMB will consider all
written comments that agency receives
on or before July 14, 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=201402-1240-001
(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, TTY 202–
693–8064, (these are not toll-free
numbers) 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–
OWCP, Office of Management and
SUMMARY:
E:\FR\FM\13JNN1.SGM
13JNN1
Agencies
[Federal Register Volume 79, Number 114 (Friday, June 13, 2014)]
[Notices]
[Pages 33951-33952]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13873]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection Activities; Submission for OMB
Review; Comment Request; Respirator Program Records
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor (DOL) is submitting the Mine Safety
and Health Administration (MSHA) sponsored information collection
request (ICR) titled, ``Respirator Program Records,'' 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. Public comments on the ICR are invited.
DATES: The OMB will consider all written comments that agency receives
on or before July 14, 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.201311-1219-003gov/public/do/PRAViewICR?ref_nbr=201311-1219-003 (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, TTY 202-693-8064,
(these are not toll-free numbers) or by email at DOL_PRA_PUBLIC@dol.gov.
[[Page 33952]]
Submit comments about this request by mail or courier to the Office
of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-
MSHA, 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: Contact Michel Smyth by telephone at
202-693-4129, TTY 202-693-8064, (these are not toll-free numbers) or by
email at DOL_PRA_PUBLIC@dol.gov.
SUPPLEMENTARY INFORMATION: This ICR seeks to extend PRA authority for
the Respirator Program Records information collection requirements
contained in regulations 30 CFR 56.5005 and 57-5005, which provide
that, generally, whenever respiratory equipment is used, the metal or
nonmetal mine operator must institute a respirator program governing
selection, maintenance, training, fitting, supervision, cleaning, and
use of respirators. These regulations seek to control miner exposure to
harmful airborne contaminants by using engineering controls to prevent
contamination and to vent or to dilute any contaminated air. The
regulations include information collections related to the development
of a respirator program that addresses the selection, use, and care of
respirators; fit-testing records used to ensure that a respirator worn
by an individual is the same brand, model, and size respirator that was
worn when that individual successfully passed a fit-test; and records
kept of inspection dates and findings for respirators maintained for
emergency use. The mine operator uses the information to issue proper
respiratory protection to miners when feasible engineering and/or
administrative controls do not reduce miners' exposures to permissible
levels. The MSHA uses the information to determine compliance with the
standard. Mine Safety and Health Act of 1977 section 103(h) authorizes
this information collection. See 30 U.S.C. 103(h).
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 1219-0048.
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 July 31, 2014. 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
existing information collection requirements submitted to the OMB
receive a month-to-month extension while they undergo review. For
additional substantive information about this ICR, see the related
notice published in the Federal Register on February 27, 2014 (79 FR
11128).
Interested parties are encouraged to send comments to the OMB,
Office of Information and Regulatory Affairs at the address shown in
the ADDRESSES section within 30 days of publication of this notice in
the Federal Register. In order to help ensure appropriate
consideration, comments should mention OMB Control Number 1219-0048.
The OMB is particularly interested in comments that:
Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
Evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
Enhance the quality, utility, and clarity of the
information to be collected; and
Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.
Agency: DOL-MSHA.
Title of Collection: Respirator Program Records.
OMB Control Number: 1219-0048.
Affected Public: Private Sector--businesses or other for-profits.
Total Estimated Number of Respondents: 300.
Total Estimated Number of Responses: 5,400.
Total Estimated Annual Time Burden: 3,074 hours.
Total Estimated Annual Other Costs Burden: $90,000.
Authority: 44 U.S.C. 3507(a)(1)(D).
Dated: June 9, 2014.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2014-13873 Filed 6-12-14; 8:45 am]
BILLING CODE 4510-43-P