Certain Network Devices, Related Software and Components Thereof (I); Institution of Modification Proceeding; Request for Briefing, 54137-54138 [2018-23414]

Download as PDF Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Notices running south from the LDPI to the Alaska coastline west of the Kadleroshilik River. The pipeline would transition to above-ground for approximately 1.5 miles and tie into the existing Badami pipeline. Hilcorp would produce and process oil from the LDPI, transport it through the Badami pipeline to the existing common carrier pipeline system, and from there on to the Trans-Alaska Pipeline System. After careful consideration, the Department of the Interior (DOI) has selected the Proposed Action (Alternative 1) with additional mitigation measures analyzed in the Liberty DPP FEIS. DOI’s selection of the Proposed Action meets the purpose and need as identified in the Liberty DPP FEIS, and reflects an informed decision balancing orderly resource development with protection of the human, marine, and coastal environments. The full text of the mitigation measures which will be included in the project approval are available in the Record of Decision, which is available on BOEM’s website at: www.boem.gov/liberty. Authority: This Notice of Availability is published pursuant to regulations (40 CFR part 1506) implementing the provisions of the National Environmental Policy Act (NEPA) of 1969, as amended (42 U.S.C. 4321 et seq.). Dated: October 19, 2018. Walter D. Cruickshank, Acting Director, Bureau of Ocean Energy Management. [FR Doc. 2018–23366 Filed 10–25–18; 8:45 am] BILLING CODE 4310–MR–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–944 (Modification Proceeding)] Certain Network Devices, Related Software and Components Thereof (I); Institution of Modification Proceeding; Request for Briefing U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to institute a modification proceeding in the abovecaptioned investigation. FOR FURTHER INFORMATION CONTACT: Amanda P. Fisherow, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2737. Copies of non-confidential documents filed in connection with this khammond on DSK30JT082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:32 Oct 25, 2018 Jkt 247001 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 the investigation on January 27, 2015, based on a complaint filed on behalf of Cisco Systems, Inc. (‘‘Cisco’’) of San Jose, California. 80 FR 4314–15 (Jan. 27, 2015). 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 network devices, related software and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,162,537 (‘‘the ’537 patent’’); U.S. Patent No. 8,356,296; U.S. Patent No. 7,290,164 (‘‘the ’164 patent’’); U.S. Patent No. 7,340,597; U.S. Patent No. 6,741,592 (‘‘the ’592 patent’’); and U.S. Patent No. 7,200,145, and alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complaint named Arista Networks, Inc. (‘‘Arista’’) of Santa Clara, California as the respondent. A Commission investigative attorney (‘‘OUII’’) is participating in the investigation. On June 23, 2016, the Commission found that a Section 337 violation had occurred as to the ’537, ’592, and ’145 patents and therefore issued a limited exclusion order and a cease and desist order against Arista. 81 FR 42375–76 (June 29, 2016). On August 28, 2018, Cisco filed a petition pursuant to Commission Rule 210.76 to suspend the remedial orders issued in this investigation based on a settlement agreement between Cisco and Arista. Neither Arista nor OUII filed a response. On September 21, 2018, the Commission extended the time for determining whether to institute the requested proceeding until October 22, 2018. The Commission has determined that Cisco’s request complies with the requirements for institution of a PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 54137 modification proceeding under Commission Rule 210.76 due to changed circumstances. Accordingly, the Commission has determined to institute a modification proceeding. The Commission sets the target date for completion of the modification proceeding as 90 days after publication of this notice in the Federal Register. The Commission requests that the parties brief the following issue: 1. Given the parties’ representations (1) that they have entered into a binding settlement wherein Arista must ‘‘maintain the modifications it has made to its current products for sale in the United States,’’ Pet. at 1, Exh. A at 9; and (2) that ‘‘Commission Rule 210.76 permits modifications of Commission remedial orders’’ based on settlement, Pet. at 2, please discuss your position regarding modification of the existing remedial orders to expressly exempt the Arista redesigned products from the scope of the remedial orders. The parties are requested to brief the discrete issue identified above, with reference to the applicable law. The parties are requested to submit proposed remedial orders, which exempt the redesigned products, for the Commission’s consideration. Written Submissions: The parties to the investigation are requested to file written submissions on the issues identified in this notice. The written submissions and proposed remedial orders must be filed no later than close of business on November 1, 2018. Reply submissions must be filed no later than the close of business on November 8, 2018. Opening submissions are limited to 10 pages exclusive of draft orders. Reply submissions are limited to 7 pages. No further submissions will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit eight 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 2.10.4(f)). Submissions should refer to the investigation number (‘‘Inv. No. 337–TA–944’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, http://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 E:\FR\FM\26OCN1.SGM 26OCN1 54138 Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Notices 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. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this Investigation may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel,1 solely for cybersecurity purposes. 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 part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: October 22, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018–23414 Filed 10–25–18; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–481 and 731– TA–1190 (Review)] Crystalline Silicon Photovoltaic Cells and Modules From China: Revised Schedule for Full Five-Year Reviews United States International Trade Commission. ACTION: Notice. AGENCY: DATES: October 22, 2018. khammond on DSK30JT082PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Mary Messer (202–205–3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearingimpaired persons can obtain information on this matter 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 (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. INTERNATIONAL TRADE COMMISSION On July 16, 2018, the Commission established a schedule for the conduct of the full fiveyear reviews (83 FR 34873, July 23, 2018). The Commission is revising its schedule. The Commission’s revised dates in the schedule are as follows: Requests to appear at the hearing must be filed with the Secretary to the Commission not later than November 16, 2018; the prehearing conference will be held at the U.S. International Trade Commission Building on November 20, 2018, if deemed necessary; the prehearing staff report will be placed in the nonpublic record on November 2, 2018; the deadline for filing prehearing briefs is November 13, 2018; the hearing will be held at the U.S. International Trade Commission Building at 9:30 a.m. on November 27, 2018; the deadline for filing posthearing briefs is December 4, 2018; the Commission will make its final release of information on January 2, 2019; and final party comments are due on January 4, 2019. For further information concerning these reviews, see the Commission’s notice cited above and the Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). SUMMARY: SUPPLEMENTARY INFORMATION: Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. By order of the Commission. Issued: October 22, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018–23375 Filed 10–25–18; 8:45 am] BILLING CODE 7020–02–P 1 All contract personnel will sign appropriate nondisclosure agreements. VerDate Sep<11>2014 18:32 Oct 25, 2018 Jkt 247001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 [Investigation No. 337–TA–1065] Certain Mobile Electronic Devices and Radio Frequency and Processing Components Thereof; Notice of Request for Statements on the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the presiding administrative law judge has issued a Final Initial Determination on Section 337 Violation and a Recommended Determination on Remedy and Bonding in the abovecaptioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief, should the Commission find a violation. This notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to Commission rules. FOR FURTHER INFORMATION CONTACT: Carl Bretscher, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2382. 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 (https://www.usitc.gov). The public record for this investigation may be viewed on the Commission’s Electronic Docket Information System (‘‘EDIS’’) (https://edis.usitc.gov). Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal, telephone (202) 205–1810. SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930 (‘‘Section 337’’) provides that if the Commission finds a violation it shall exclude the articles concerned from the United States unless after considering the public interest factors listed in 19 U.S.C. 1337(d)(1), it finds such articles should not be prevented from entry. A similar provision applies to cease and desist orders. 19 U.S.C. 1337(f)(1). The Commission is soliciting comments on public interest issues E:\FR\FM\26OCN1.SGM 26OCN1

Agencies

[Federal Register Volume 83, Number 208 (Friday, October 26, 2018)]
[Notices]
[Pages 54137-54138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23414]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-944 (Modification Proceeding)]


Certain Network Devices, Related Software and Components Thereof 
(I); Institution of Modification Proceeding; Request for Briefing

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to institute a modification proceeding in the 
above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Amanda P. Fisherow, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2737. 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 the investigation 
on January 27, 2015, based on a complaint filed on behalf of Cisco 
Systems, Inc. (``Cisco'') of San Jose, California. 80 FR 4314-15 (Jan. 
27, 2015). 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 network 
devices, related software and components thereof by reason of 
infringement of certain claims of U.S. Patent No. 7,162,537 (``the '537 
patent''); U.S. Patent No. 8,356,296; U.S. Patent No. 7,290,164 (``the 
'164 patent''); U.S. Patent No. 7,340,597; U.S. Patent No. 6,741,592 
(``the '592 patent''); and U.S. Patent No. 7,200,145, and alleges that 
an industry in the United States exists as required by subsection 
(a)(2) of section 337. The complaint named Arista Networks, Inc. 
(``Arista'') of Santa Clara, California as the respondent. A Commission 
investigative attorney (``OUII'') is participating in the 
investigation.
    On June 23, 2016, the Commission found that a Section 337 violation 
had occurred as to the '537, '592, and '145 patents and therefore 
issued a limited exclusion order and a cease and desist order against 
Arista. 81 FR 42375-76 (June 29, 2016).
    On August 28, 2018, Cisco filed a petition pursuant to Commission 
Rule 210.76 to suspend the remedial orders issued in this investigation 
based on a settlement agreement between Cisco and Arista. Neither 
Arista nor OUII filed a response.
    On September 21, 2018, the Commission extended the time for 
determining whether to institute the requested proceeding until October 
22, 2018.
    The Commission has determined that Cisco's request complies with 
the requirements for institution of a modification proceeding under 
Commission Rule 210.76 due to changed circumstances. Accordingly, the 
Commission has determined to institute a modification proceeding. The 
Commission sets the target date for completion of the modification 
proceeding as 90 days after publication of this notice in the Federal 
Register.
    The Commission requests that the parties brief the following issue:

    1. Given the parties' representations (1) that they have entered 
into a binding settlement wherein Arista must ``maintain the 
modifications it has made to its current products for sale in the 
United States,'' Pet. at 1, Exh. A at 9; and (2) that ``Commission 
Rule 210.76 permits modifications of Commission remedial orders'' 
based on settlement, Pet. at 2, please discuss your position 
regarding modification of the existing remedial orders to expressly 
exempt the Arista redesigned products from the scope of the remedial 
orders.

    The parties are requested to brief the discrete issue identified 
above, with reference to the applicable law. The parties are requested 
to submit proposed remedial orders, which exempt the redesigned 
products, for the Commission's consideration.
    Written Submissions: The parties to the investigation are requested 
to file written submissions on the issues identified in this notice. 
The written submissions and proposed remedial orders must be filed no 
later than close of business on November 1, 2018. Reply submissions 
must be filed no later than the close of business on November 8, 2018. 
Opening submissions are limited to 10 pages exclusive of draft orders. 
Reply submissions are limited to 7 pages. No further submissions will 
be permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit eight 
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 2.10.4(f)). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-944'') in a prominent place on 
the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, http://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

[[Page 54138]]

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. All 
information, including confidential business information and documents 
for which confidential treatment is properly sought, submitted to the 
Commission for purposes of this Investigation may be disclosed to and 
used: (i) By the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel,\1\ solely for 
cybersecurity purposes. All nonconfidential written submissions will be 
available for public inspection at the Office of the Secretary and on 
EDIS.
---------------------------------------------------------------------------

    \1\ All contract personnel will sign appropriate nondisclosure 
agreements.
---------------------------------------------------------------------------

    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: October 22, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-23414 Filed 10-25-18; 8:45 am]
 BILLING CODE 7020-02-P