2017 Special 301 Out-of-Cycle Review of Notorious Markets: Comment Request, 38987-38988 [2017-17287]
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Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices
a permit is necessary and, as required by
the National Environmental Policy Act,
an environmental report and/or an
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existing collection of information.
Dated: August 11, 2017.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2017–17306 Filed 8–15–17; 8:45 am]
BILLING CODE 4915–01–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Docket Number USTR–2017–0015]
asabaliauskas on DSKBBXCHB2PROD with NOTICES
2017 Special 301 Out-of-Cycle Review
of Notorious Markets: Comment
Request
Office of the United States
Trade Representative.
ACTION: Request for comments.
AGENCY:
The Office of the United
States Trade Representative (USTR)
requests written comments that identify
online and physical markets based
outside the United States that should be
included in the 2017 Notorious Markets
SUMMARY:
VerDate Sep<11>2014
18:33 Aug 15, 2017
Jkt 241001
List (List). Conducted under the
auspices of the Special 301 program, the
List identifies online and physical
marketplaces that reportedly engage in
and facilitate substantial copyright
piracy and trademark counterfeiting. In
2010, USTR began publishing the
Notorious Markets List separately from
the annual Special 301 Report as an
‘‘Out-of-Cycle Review.’’
DATES:
October 2, 2017 at midnight EST:
Deadline for submission of written
comments.
October 16, 2017 at midnight EST:
Deadline for submission of rebuttal
comments and other information USTR
should consider during the review.
ADDRESSES: You should submit written
comments through the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments in
section III below. For alternatives to online submissions, please contact USTR
at Special301@ustr.eop.gov before
transmitting a comment and in advance
of the relevant deadline.
FOR FURTHER INFORMATION CONTACT:
Christine Peterson, Director for
Intellectual Property and Innovation, at
Special301@ustr.eop.gov. You can find
information about the Special 301
Review, including the Notorious
Markets List, at www.USTR.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The United States is concerned with
trademark counterfeiting and copyright
piracy on a commercial scale because
they cause significant financial losses
for rights holders, legitimate businesses
and governments, undermine critical
U.S. comparative advantages in
innovation and creativity to the
detriment of American workers, and
potentially pose significant risks to
consumer health and safety as well as
privacy and security. The Notorious
Markets List identifies select online and
physical marketplaces that reportedly
engage in or facilitate substantial
copyright piracy and trademark
counterfeiting.
Beginning in 2006, USTR identified
notorious markets in the annual Special
301 Report. In 2010, pursuant to the
Administration’s 2010 Joint Strategic
Plan on Intellectual Property
Enforcement, USTR announced that it
would publish the List as an Out-ofCycle Review, separate from the annual
Special 301 Report. USTR published the
first List in February 2011. USTR
develops the annual List based upon
public comments solicited through the
Federal Register and in consultation
PO 00000
Frm 00113
Fmt 4703
Sfmt 4703
38987
with other Federal agencies that serve
on the Special 301 Subcommittee of the
Trade Policy Staff Committee.
The United States encourages owners
and operators of markets reportedly
involved in piracy and counterfeiting to
adopt business models that rely on the
licensed distribution of legitimate
content and products and to work with
rights holders and enforcement officials
to address infringement. USTR also
encourages responsible government
authorities to intensify their efforts to
investigate reports of piracy and
counterfeiting in such markets, and to
pursue appropriate enforcement actions.
The List does not purport to reflect
findings of legal violations, nor does it
reflect the United States Government’s
analysis of the general intellectual
property rights (IPR) protection and
enforcement climate in the country or
countries concerned. For an analysis of
the IPR climate in particular countries,
please refer to the annual Special 301
Report, published each spring no later
than 30 days after USTR submits the
National Trade Estimate to Congress.
II. Public Comments
USTR invites written comments
concerning examples of online and
physical notorious markets, including
foreign trade zones that allegedly
facilitate substantial trademark
counterfeiting and copyright piracy. To
facilitate the review, written comments
should be as detailed as possible.
Comments must clearly identify the
market and the reasons why the
commenter believes that the market
should be included in the List.
Commenters should include the
following information, as applicable:
• If a physical market, the market’s
name and location, e.g., common name,
street address, neighborhood, shopping
district, city, etc., and the identity of the
principal owners/operators.
• If an online market:
Æ The domain name(s) past and
present, available registration
information, and name(s) and
location(s) of the hosting provider(s)
and operator(s).
Æ Information on the volume of
Internet traffic associated with the Web
site, including number of visitors and
page views, average time spent on the
site, estimate of the number of
infringing goods offered, sold or traded
and number of infringing files streamed,
shared, seeded, leeched, downloaded,
uploaded or otherwise distributed or
reproduced, and global or country
popularity rating (e.g., Alexa rank).
Æ Revenue sources such as sales,
subscriptions, donations, upload
incentives, or advertising and the
E:\FR\FM\16AUN1.SGM
16AUN1
38988
Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices
asabaliauskas on DSKBBXCHB2PROD with NOTICES
methods by which that revenue is
collected.
• Whether the market is owned,
operated or otherwise affiliated with a
government entity.
• Types of counterfeit or pirated
products or services sold, traded,
distributed or otherwise made available
at that market.
• Volume of counterfeit or pirated
goods or services or other indicia of a
market’s scale, reach or relative
significance in a given geographic area
or with respect to a category of goods or
services.
• Estimates of economic harm to right
holders resulting from the piracy or
counterfeiting and a description of the
methodology used to calculate the harm.
• Whether the volume of counterfeit
or pirated goods or estimates of harm
has increased or decreased from
previous years, and an approximate
calculation of that increase or decrease
for each year.
• Whether the infringing goods or
services sold, traded, distributed or
made available pose a risk to public
health or safety.
• Any known contractual, civil,
administrative or criminal enforcement
activity against the market and the
outcome of that enforcement activity.
• Additional actions taken by rights
holders against the market such as
takedown notices, requests to sites to
remove URLs or infringing content,
cease and desist letters, warning letters
to landlords and requests to enforce the
terms of their leases, requests to
providers to enforce their terms of
service or terms of use, and the outcome
of these actions.
• Additional actions taken by the
market owners or operators to remove,
limit or discourage the availability of
counterfeit or pirated goods or services,
including policies to prevent or remove
access to such goods or services, or to
disable seller or user accounts; the
effectiveness of market policies and
guidelines in addressing counterfeiting
and piracy; and the level of cooperation
with right holders and law enforcement.
• Any other additional information
relevant to the review.
III. Submission Instructions
All submissions must be in English
and sent electronically via
www.regulations.gov. To submit
comments, locate the docket (folder) by
entering the docket number USTR–
2017–0015 in the ‘‘Enter Keyword or IP’’
window at the regulations.gov
homepage and click ‘‘Search.’’ The site
will provide a search-results page listing
all documents associated with this
docket. Locate the reference to this
VerDate Sep<11>2014
18:33 Aug 15, 2017
Jkt 241001
notice by selecting ‘‘Notice’’ under
‘‘Document Type’’ on the left side of the
search-results page, and click on the
link entitled ‘‘Comment Now!’’ You
should provide comments in an
attached document, and name the file
according to the following protocol, as
appropriate: Commenter Name or
Organization_2017 Notorious Markets
OCR. Please include the following
information in the ‘‘Type Comment’’
field: ‘‘2017 Out-of-Cycle Review of
Notorious Markets.’’ USTR prefers
submissions in Microsoft Word (.doc) or
Adobe Acrobat (.pdf) format. If the
submission is in another file format,
please indicate the name of the software
application in the ‘‘Type Comment’’
field. For further information on using
the www.regulations.gov Web site,
please select ‘‘How to Use
Regulations.gov’’ on the bottom of any
page.
Please do not attach separate cover
letters to electronic submissions; rather,
include any information that might
appear in a cover letter in the comments
themselves. Similarly, to the extent
possible, please include any exhibits,
annexes, or other attachments in the
same file as the comment itself, rather
than submitting them as separate files.
For any comment submitted
electronically that contains business
confidential information, the file name
of the business confidential version
should begin with the characters ‘‘BC’’.
Any page containing business
confidential information must be clearly
marked ‘‘BUSINESS CONFIDENTIAL’’
on the top of that page and the
submission should clearly indicate, via
brackets, highlighting, or other means,
the specific information that is business
confidential. A filer requesting business
confidential treatment must certify that
the information is business confidential
and would not customarily be released
to the public by the submitter.
Additionally, the submitter should type
‘‘Business Confidential 2017 Out-ofCycle Review of Notorious Markets’’ in
the ‘‘Comment’’ field.
Filers of comments containing
business confidential information also
must submit a public version of their
comments. The file name of the public
version should begin with the character
‘‘P’’. The non-business confidential
version will be placed in the docket at
www.regulations.gov and be available
for public inspection.
As noted, USTR strongly urges
submitters to file comments through
www.regulations.gov. You must make
any alternative arrangements in advance
of the relevant deadline and before
transmitting a comment by contacting
USTR at Special301@ustr.eop.gov.
PO 00000
Frm 00114
Fmt 4703
Sfmt 4703
We will post comments in the docket
for public inspection, except business
confidential information. You can view
comments on the https://
www.regulations.gov Web site by
entering docket number USTR–2017–
0015 in the search field on the home
page.
Elizabeth Kendall,
Acting Assistant U.S. Trade Representative
for Innovation and Intellectual Property,
Office of the United States Trade
Representative.
[FR Doc. 2017–17287 Filed 8–15–17; 8:45 am]
BILLING CODE 3290–F7–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0006]
Agency Information Collection
Activities; Reinstatement of an
Information Collection: Practices of
Household Goods Brokers
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995,
FMCSA announces its plan to submit
the Information Collection Request (ICR)
described below to the Office of
Management and Budget (OMB) for
reinstatement and approval and invites
public comment. The FMCSA requests
approval to reinstate, with changes, the
ICR titled ‘‘Practices of Household
Brokers’’ to no longer include one-time
costs previously incurred by brokers,
and to update other wage related costs
that have changed since the last
approval. This ICR requires
reinstatement because the previous ICR
expired on July 31, 2017, before the ICR
renewal request could be submitted to
OMB for approval. The reinstatement of
this ICR is necessary, and FMCSA’s
responsibility to ensure consumer
protection in the transportation of
household goods (HHG).
DATES: Please send your comments by
September 15, 2017. OMB must receive
your comments by this date in order to
act quickly on the ICR.
ADDRESSES: All comments should
reference Federal Docket Management
System (FDMS) Docket Number
FMCSA–2017–0006. Interested persons
are invited to submit written comments
on the proposed information collection
to the Office of Information and
Regulatory Affairs, Office of
SUMMARY:
E:\FR\FM\16AUN1.SGM
16AUN1
Agencies
[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Notices]
[Pages 38987-38988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17287]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket Number USTR-2017-0015]
2017 Special 301 Out-of-Cycle Review of Notorious Markets:
Comment Request
AGENCY: Office of the United States Trade Representative.
ACTION: Request for comments.
-----------------------------------------------------------------------
SUMMARY: The Office of the United States Trade Representative (USTR)
requests written comments that identify online and physical markets
based outside the United States that should be included in the 2017
Notorious Markets List (List). Conducted under the auspices of the
Special 301 program, the List identifies online and physical
marketplaces that reportedly engage in and facilitate substantial
copyright piracy and trademark counterfeiting. In 2010, USTR began
publishing the Notorious Markets List separately from the annual
Special 301 Report as an ``Out-of-Cycle Review.''
DATES:
October 2, 2017 at midnight EST: Deadline for submission of written
comments.
October 16, 2017 at midnight EST: Deadline for submission of
rebuttal comments and other information USTR should consider during the
review.
ADDRESSES: You should submit written comments through the Federal
eRulemaking Portal: https://www.regulations.gov. Follow the instructions
for submitting comments in section III below. For alternatives to on-
line submissions, please contact USTR at Special301@ustr.eop.gov before
transmitting a comment and in advance of the relevant deadline.
FOR FURTHER INFORMATION CONTACT: Christine Peterson, Director for
Intellectual Property and Innovation, at Special301@ustr.eop.gov. You
can find information about the Special 301 Review, including the
Notorious Markets List, at www.USTR.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The United States is concerned with trademark counterfeiting and
copyright piracy on a commercial scale because they cause significant
financial losses for rights holders, legitimate businesses and
governments, undermine critical U.S. comparative advantages in
innovation and creativity to the detriment of American workers, and
potentially pose significant risks to consumer health and safety as
well as privacy and security. The Notorious Markets List identifies
select online and physical marketplaces that reportedly engage in or
facilitate substantial copyright piracy and trademark counterfeiting.
Beginning in 2006, USTR identified notorious markets in the annual
Special 301 Report. In 2010, pursuant to the Administration's 2010
Joint Strategic Plan on Intellectual Property Enforcement, USTR
announced that it would publish the List as an Out-of-Cycle Review,
separate from the annual Special 301 Report. USTR published the first
List in February 2011. USTR develops the annual List based upon public
comments solicited through the Federal Register and in consultation
with other Federal agencies that serve on the Special 301 Subcommittee
of the Trade Policy Staff Committee.
The United States encourages owners and operators of markets
reportedly involved in piracy and counterfeiting to adopt business
models that rely on the licensed distribution of legitimate content and
products and to work with rights holders and enforcement officials to
address infringement. USTR also encourages responsible government
authorities to intensify their efforts to investigate reports of piracy
and counterfeiting in such markets, and to pursue appropriate
enforcement actions. The List does not purport to reflect findings of
legal violations, nor does it reflect the United States Government's
analysis of the general intellectual property rights (IPR) protection
and enforcement climate in the country or countries concerned. For an
analysis of the IPR climate in particular countries, please refer to
the annual Special 301 Report, published each spring no later than 30
days after USTR submits the National Trade Estimate to Congress.
II. Public Comments
USTR invites written comments concerning examples of online and
physical notorious markets, including foreign trade zones that
allegedly facilitate substantial trademark counterfeiting and copyright
piracy. To facilitate the review, written comments should be as
detailed as possible. Comments must clearly identify the market and the
reasons why the commenter believes that the market should be included
in the List. Commenters should include the following information, as
applicable:
If a physical market, the market's name and location,
e.g., common name, street address, neighborhood, shopping district,
city, etc., and the identity of the principal owners/operators.
If an online market:
[cir] The domain name(s) past and present, available registration
information, and name(s) and location(s) of the hosting provider(s) and
operator(s).
[cir] Information on the volume of Internet traffic associated with
the Web site, including number of visitors and page views, average time
spent on the site, estimate of the number of infringing goods offered,
sold or traded and number of infringing files streamed, shared, seeded,
leeched, downloaded, uploaded or otherwise distributed or reproduced,
and global or country popularity rating (e.g., Alexa rank).
[cir] Revenue sources such as sales, subscriptions, donations,
upload incentives, or advertising and the
[[Page 38988]]
methods by which that revenue is collected.
Whether the market is owned, operated or otherwise
affiliated with a government entity.
Types of counterfeit or pirated products or services sold,
traded, distributed or otherwise made available at that market.
Volume of counterfeit or pirated goods or services or
other indicia of a market's scale, reach or relative significance in a
given geographic area or with respect to a category of goods or
services.
Estimates of economic harm to right holders resulting from
the piracy or counterfeiting and a description of the methodology used
to calculate the harm.
Whether the volume of counterfeit or pirated goods or
estimates of harm has increased or decreased from previous years, and
an approximate calculation of that increase or decrease for each year.
Whether the infringing goods or services sold, traded,
distributed or made available pose a risk to public health or safety.
Any known contractual, civil, administrative or criminal
enforcement activity against the market and the outcome of that
enforcement activity.
Additional actions taken by rights holders against the
market such as takedown notices, requests to sites to remove URLs or
infringing content, cease and desist letters, warning letters to
landlords and requests to enforce the terms of their leases, requests
to providers to enforce their terms of service or terms of use, and the
outcome of these actions.
Additional actions taken by the market owners or operators
to remove, limit or discourage the availability of counterfeit or
pirated goods or services, including policies to prevent or remove
access to such goods or services, or to disable seller or user
accounts; the effectiveness of market policies and guidelines in
addressing counterfeiting and piracy; and the level of cooperation with
right holders and law enforcement.
Any other additional information relevant to the review.
III. Submission Instructions
All submissions must be in English and sent electronically via
www.regulations.gov. To submit comments, locate the docket (folder) by
entering the docket number USTR-2017-0015 in the ``Enter Keyword or
IP'' window at the regulations.gov homepage and click ``Search.'' The
site will provide a search-results page listing all documents
associated with this docket. Locate the reference to this notice by
selecting ``Notice'' under ``Document Type'' on the left side of the
search-results page, and click on the link entitled ``Comment Now!''
You should provide comments in an attached document, and name the file
according to the following protocol, as appropriate: Commenter Name or
Organization_2017 Notorious Markets OCR. Please include the following
information in the ``Type Comment'' field: ``2017 Out-of-Cycle Review
of Notorious Markets.'' USTR prefers submissions in Microsoft Word
(.doc) or Adobe Acrobat (.pdf) format. If the submission is in another
file format, please indicate the name of the software application in
the ``Type Comment'' field. For further information on using the
www.regulations.gov Web site, please select ``How to Use
Regulations.gov'' on the bottom of any page.
Please do not attach separate cover letters to electronic
submissions; rather, include any information that might appear in a
cover letter in the comments themselves. Similarly, to the extent
possible, please include any exhibits, annexes, or other attachments in
the same file as the comment itself, rather than submitting them as
separate files.
For any comment submitted electronically that contains business
confidential information, the file name of the business confidential
version should begin with the characters ``BC''. Any page containing
business confidential information must be clearly marked ``BUSINESS
CONFIDENTIAL'' on the top of that page and the submission should
clearly indicate, via brackets, highlighting, or other means, the
specific information that is business confidential. A filer requesting
business confidential treatment must certify that the information is
business confidential and would not customarily be released to the
public by the submitter. Additionally, the submitter should type
``Business Confidential 2017 Out-of-Cycle Review of Notorious Markets''
in the ``Comment'' field.
Filers of comments containing business confidential information
also must submit a public version of their comments. The file name of
the public version should begin with the character ``P''. The non-
business confidential version will be placed in the docket at
www.regulations.gov and be available for public inspection.
As noted, USTR strongly urges submitters to file comments through
www.regulations.gov. You must make any alternative arrangements in
advance of the relevant deadline and before transmitting a comment by
contacting USTR at Special301@ustr.eop.gov.
We will post comments in the docket for public inspection, except
business confidential information. You can view comments on the https://www.regulations.gov Web site by entering docket number USTR-2017-0015
in the search field on the home page.
Elizabeth Kendall,
Acting Assistant U.S. Trade Representative for Innovation and
Intellectual Property, Office of the United States Trade
Representative.
[FR Doc. 2017-17287 Filed 8-15-17; 8:45 am]
BILLING CODE 3290-F7-P