Notice Pursuant to the Defense Production Act of 1950, 78869-78870 [2020-26848]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 235 / Monday, December 7, 2020 / Notices therefor. The complaint names as respondents: Hangzhou AllTest Biotech Co., Ltd. of China; Shanghai Chemtron Biotech Co., Ltd. of China; Chemtron Biotech Co., Ltd of San Diego, CA; Zhejiang Orient Gene Biotech Co., Ltd. of China; Healgen Scientific, LLC of Houston, TX; Kappa City Biotech, SAS of France; 12PanelMedical, Inc. of Sarasota, FL; Acro Biotech, Inc. of Rancho Cucamonga, CA; AlcoPro, Inc. of Knoxville, TN; American Screening, LLC of Shreveport, LA; Confirm Biosciences, Inc. of San Diego, CA; Mercedes Medical, LLC of Lakewood Ranch, FL; TransMed Co., LLC of Alpharetta, GA; and Transmetron, Inc. of Salt Lake City, UT. The complainant requests that the Commission issue a limited exclusion order, cease and desist orders and impose a bond upon respondents’ alleged infringing articles during the 60-day Presidential review period pursuant to 19 U.S.C. 1337(j). Proposed respondents, other interested parties, and members of the public are invited to file comments on any public interest issues raised by the complaint or § 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the requested remedial orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders; (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) explain how the requested remedial orders would impact United States consumers. Written submissions on the public interest must be filed no later than by close of business, eight calendar days VerDate Sep<11>2014 18:32 Dec 04, 2020 Jkt 253001 after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Any written submissions on other issues must also be filed by no later than the close of business, eight calendar days after publication of this notice in the Federal Register. Complainant may file replies to any written submissions no later than three calendar days after the date on which any initial submissions were due. Any submissions and replies filed in response to this Notice are limited to five (5) pages in length, inclusive of attachments. Persons filing written submissions must file the original document electronically on or before the deadlines stated above. Submissions should refer to the docket number (‘‘Docket No. 3511’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures 1). Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov.) No in-person paperbased filings or paper copies of any electronic filings will be accepted until further notice. Persons with questions regarding filing should contact the Secretary at EDIS3Help@usitc.gov. 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. 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 1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_ filing_procedures.pdf. PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 78869 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel,2 solely for cybersecurity purposes. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.3 This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of §§ 201.10 and 210.8(c) of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)). By order of the Commission. Issued: December 2, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–26861 Filed 12–4–20; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the Defense Production Act of 1950 Antitrust Division, U.S. Department of Justice. ACTION: Notice of review of plan of action. AGENCY: Notice is hereby given pursuant to section 708 of the Defense Production Act of 1950 (‘‘DPA’’), that the Assistant Attorney General finds, with respect to the Plan of Action to Establish a National Strategy for the Manufacture, Allocation and Distribution of Personal Protective Equipment (PPE) to Respond to COVID– 19 (‘‘Plan of Action’’) proposed by the Federal Emergency Management Agency (‘‘FEMA’’), that the purposes of section 708(c)(1) of the DPA may not reasonably be achieved through a plan of action having less anticompetitive effects or without any plan of action. Given this finding, the proposed Plan of Action may become effective following the publication of this notice. SUPPLEMENTARY INFORMATION: Under the DPA, FEMA may enter into plans with representatives of private industry for the purpose of improving the efficiency with which private firms contribute to the national defense when conditions exist that may pose a direct threat to the national defense or its preparedness. Such arrangements are generally known as ‘‘voluntary agreements.’’ Participants in an existing voluntary agreement may adopt documented methods, known as SUMMARY: 2 All contract personnel will sign appropriate nondisclosure agreements. 3 Electronic Document Information System (EDIS): https://edis.usitc.gov. E:\FR\FM\07DEN1.SGM 07DEN1 khammond on DSKJM1Z7X2PROD with NOTICES 78870 Federal Register / Vol. 85, No. 235 / Monday, December 7, 2020 / Notices ‘‘plans of action,’’ to implement that voluntary agreement. A defense to actions brought under the antitrust laws is available to each participant acting within the scope of a voluntary agreement and plan of action that has come into force under the DPA. The DPA requires that each proposed plan of action be reviewed by the Attorney General prior to becoming effective. If, after consulting with the Chairman of the Federal Trade Commission, the Attorney General finds that the purposes of the DPA’s plans of action provision ‘‘may not reasonably be achieved through a . . . plan of action having less anticompetitive effects or without any . . . plan of action,’’ the plan of action may become effective. 50 U.S.C. 4558(f)(1)(B). All functions which the Attorney General is required or authorized to perform by section 708 of the DPA have been delegated to the Assistant Attorney General, Antitrust Division. 28 CFR. 0.40(l). On August 17, 2020, the Voluntary Agreement for the Manufacture and Distribution of Critical Healthcare Resources Necessary to Respond to a Pandemic (‘‘Voluntary Agreement’’) became effective. The proposed Plan of Action contains documented methods to implement the Voluntary Agreement by creating a mechanism to immediately meet exigent PPE requests anywhere in the Nation, and to ensure that actions to support PPE stockpiling and reserves do not interfere with immediate requirements that would result in an unacceptable risk to healthcare providers or other potential PPE recipients. This mechanism involves the establishment several Sub-Committees by PPE type, which are designed to foster a close working relationship among FEMA, the Department of Health and Human Services (‘‘HHS’’), and participants in the Sub-Committees to address national defense needs through cooperative action under the direction and active supervision of FEMA. The proposed Plan of Action includes terms, conditions and procedures under which participants agree voluntarily to participate in the Sub-Committees. FEMA has certified that the proposed Plan of Action is necessary to provide for the national defense in the event of a pandemic. FEMA requested that the Assistant Attorney General, Antitrust Division, issue a finding that the proposed Plan of Action satisfies the statutory criteria set forth in 50 U.S.C. 4558(f)(1)(B). The Assistant Attorney General, Antitrust Division, reviewed the proposed Plan of Action and consulted on it with the Chairman of the Federal Trade Commission. On December 2, 2020, by VerDate Sep<11>2014 18:32 Dec 04, 2020 Jkt 253001 letter to Peter Gaynor, FEMA Administrator, Makan Delrahim, Assistant Attorney General, Antitrust Division, issued a finding, pursuant to 50 U.S.C. 4558(f)(1)(B), that the purposes of the DPA’s plans of action provision ‘‘may not reasonably be achieved through a . . . plan of action having less anticompetitive effects or without any . . . plan of action.’’ David G.B. Lawrence, Chief, Competition Policy & Advocacy Section. [FR Doc. 2020–26848 Filed 12–4–20; 8:45 am] BILLING CODE 4410–11–P EMPLOYMENT AND TRAINING ADMINISTRATION Federal-State Unemployment Compensation Program: Certifications for 2020 Under the Federal Unemployment Tax Act; Correction Employment and Training Administration, Labor. ACTION: Notice; correction. AGENCY: The Employment and Training Administration, Labor, published a document in the Federal Register of November 6, 2020, concerning the annual certifications under the Federal Unemployment Tax Act. The document contained draft verbiage instead of the final approved verbiage. SUPPLEMENTARY INFORMATION: SUMMARY: Correction In the Federal Register of November 6, 2020, in FR Doc. 2020–24650 (85 FR 71101), on page 71101, correct under the SUMMARY caption, in paragraph two, column two to read: Enclosed, pursuant to the requirements of the Federal Unemployment Tax Act, are an original and a copy of two separate certifications regarding state unemployment compensation laws, for the 12-month period ending on October 31, 2020. One certification is for the ‘‘normal’’ federal unemployment tax credit required under the Internal Revenue Code of 1986, and the other certification is for the ‘‘additional’’ tax credit under the Code. Both certifications list all 53 jurisdictions. In paragraph four, column two, correct to read: CERTIFICATION OF STATES TO THE SECRETARY OF THE TREASURY PURSUANT TO SECTION 3304(c) OF THE INTERNAL REVENUE CODE OF 1986 Pursuant to Section 3304(c) of the Internal Revenue Code of 1986 (26 U.S.C. 3304(c)), I hereby certify to the Secretary of the Treasury the following States (including the District of Columbia, the Commonwealth of Puerto PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 Rico, and the Virgin Islands), for the 12month period ending on October 31, 2020. These States’ unemployment compensation laws, which have previously been approved under the Federal Unemployment Tax Act, meet the requirements of Section 3304(c) of the Code; And in paragraph four, column three, correct to read: CERTIFICATION OF STATE UNEMPLOYMENT COMPENSATION LAWS TO THE SECRETARY OF THE TREASURY PURSUANT TO SECTION 3303(b)(l) OF THE INTERNAL REVENUE CODE OF 1986 Pursuant to Section 3303(b)(1) of the Internal Revenue Code of 1986 (26 U.S.C. 3303(b)(l)), I hereby certify to the Secretary of the Treasury the unemployment compensation laws of the following States (including the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands), for the 12-month period ending on October 31, 2020. These States’ laws have previously been certified under Section 3303(b)(3) of the Code. John Pallasch, Assistant Secretary for Employment and Training, Labor. [FR Doc. 2020–26855 Filed 12–4–20; 8:45 am] BILLING CODE 4510–FW–P DEPARTMENT OF LABOR Agency Information Collection Activities; Submission for OMB Review; Comment Request; Suspension of Pension Benefits Pursuant to Regulations Notice of availability; request for comments. ACTION: The Department of Labor (DOL) is submitting this Employee Benefits Security Administration (EBSA)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited. DATES: The OMB will consider all written comments that agency receives on or before January 6, 2021. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. Comments are invited on: (1) Whether the collection of information is necessary for the proper performance of SUMMARY: E:\FR\FM\07DEN1.SGM 07DEN1

Agencies

[Federal Register Volume 85, Number 235 (Monday, December 7, 2020)]
[Notices]
[Pages 78869-78870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26848]


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DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the Defense Production Act of 1950

AGENCY: Antitrust Division, U.S. Department of Justice.

ACTION: Notice of review of plan of action.

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

SUMMARY: Notice is hereby given pursuant to section 708 of the Defense 
Production Act of 1950 (``DPA''), that the Assistant Attorney General 
finds, with respect to the Plan of Action to Establish a National 
Strategy for the Manufacture, Allocation and Distribution of Personal 
Protective Equipment (PPE) to Respond to COVID-19 (``Plan of Action'') 
proposed by the Federal Emergency Management Agency (``FEMA''), that 
the purposes of section 708(c)(1) of the DPA may not reasonably be 
achieved through a plan of action having less anticompetitive effects 
or without any plan of action. Given this finding, the proposed Plan of 
Action may become effective following the publication of this notice.

SUPPLEMENTARY INFORMATION: Under the DPA, FEMA may enter into plans 
with representatives of private industry for the purpose of improving 
the efficiency with which private firms contribute to the national 
defense when conditions exist that may pose a direct threat to the 
national defense or its preparedness. Such arrangements are generally 
known as ``voluntary agreements.'' Participants in an existing 
voluntary agreement may adopt documented methods, known as

[[Page 78870]]

``plans of action,'' to implement that voluntary agreement. A defense 
to actions brought under the antitrust laws is available to each 
participant acting within the scope of a voluntary agreement and plan 
of action that has come into force under the DPA.
    The DPA requires that each proposed plan of action be reviewed by 
the Attorney General prior to becoming effective. If, after consulting 
with the Chairman of the Federal Trade Commission, the Attorney General 
finds that the purposes of the DPA's plans of action provision ``may 
not reasonably be achieved through a . . . plan of action having less 
anticompetitive effects or without any . . . plan of action,'' the plan 
of action may become effective. 50 U.S.C. 4558(f)(1)(B). All functions 
which the Attorney General is required or authorized to perform by 
section 708 of the DPA have been delegated to the Assistant Attorney 
General, Antitrust Division. 28 CFR. 0.40(l).
    On August 17, 2020, the Voluntary Agreement for the Manufacture and 
Distribution of Critical Healthcare Resources Necessary to Respond to a 
Pandemic (``Voluntary Agreement'') became effective. The proposed Plan 
of Action contains documented methods to implement the Voluntary 
Agreement by creating a mechanism to immediately meet exigent PPE 
requests anywhere in the Nation, and to ensure that actions to support 
PPE stockpiling and reserves do not interfere with immediate 
requirements that would result in an unacceptable risk to healthcare 
providers or other potential PPE recipients. This mechanism involves 
the establishment several Sub-Committees by PPE type, which are 
designed to foster a close working relationship among FEMA, the 
Department of Health and Human Services (``HHS''), and participants in 
the Sub-Committees to address national defense needs through 
cooperative action under the direction and active supervision of FEMA. 
The proposed Plan of Action includes terms, conditions and procedures 
under which participants agree voluntarily to participate in the Sub-
Committees. FEMA has certified that the proposed Plan of Action is 
necessary to provide for the national defense in the event of a 
pandemic.
    FEMA requested that the Assistant Attorney General, Antitrust 
Division, issue a finding that the proposed Plan of Action satisfies 
the statutory criteria set forth in 50 U.S.C. 4558(f)(1)(B). The 
Assistant Attorney General, Antitrust Division, reviewed the proposed 
Plan of Action and consulted on it with the Chairman of the Federal 
Trade Commission. On December 2, 2020, by letter to Peter Gaynor, FEMA 
Administrator, Makan Delrahim, Assistant Attorney General, Antitrust 
Division, issued a finding, pursuant to 50 U.S.C. 4558(f)(1)(B), that 
the purposes of the DPA's plans of action provision ``may not 
reasonably be achieved through a . . . plan of action having less 
anticompetitive effects or without any . . . plan of action.''

David G.B. Lawrence,
Chief, Competition Policy & Advocacy Section.
[FR Doc. 2020-26848 Filed 12-4-20; 8:45 am]
BILLING CODE 4410-11-P
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