Certain Movable Barrier Operator Systems and Components Thereof; Notice of Commission Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and a Cease and Desist Order; Termination of the Investigation, 8605-8606 [2022-03167]
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Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Notices
is to allow for 60 days of public
comment.
DATES:
Comments Due Date: April 18,
2022.
Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
Colette Pollard, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW, Room 4176, Washington, DC
20410–5000; telephone 202–402–3400
(this is not a toll-free number) or email
at Colette.Pollard@hud.gov for a copy of
the proposed forms or other available
information. Persons with hearing or
speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339.
FOR FURTHER INFORMATION CONTACT:
Dawn Smith, Office of Policy, Programs
and Legislative Initiatives, PIH,
Department of Housing and Urban
ADDRESSES:
HUD 50002A .................................................
HUD 50002B–FHA ........................................
Total Burden ..........................................
lotter on DSK11XQN23PROD with NOTICES1
Title of Proposal: Inspector Candidate
Assessment Questionnaire.
OMB Approval Number: 2577–0243.
Type of Request: Reinstatement with
change of a previously approved
collection.
Form Number: Form HUD 50002A
and Form HUD 50002B—HFA.
Description of the need for the
information and proposed use: To meet
the requirements of HUD’s Uniform
Frequency of
response
200
35
I
........................
B. Solicitation of Public Comment
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) 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;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond; including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
HUD encourages interested parties to
submit comment in response to these
questions.
20:12 Feb 14, 2022
A. Overview of Information Collection
Number of
respondents
Information collection
VerDate Sep<11>2014
Development, 451 7th Street SW, Room
3178, Washington, DC 20410; telephone
202–402–4109, (this is not a toll-free
number). Persons with hearing or
speech impairments may access this
number via TTY by calling the Federal
Relay Service at (800) 877–8339. Copies
of available documents submitted to
OMB may be obtained from Ms. Rogers.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.
Jkt 256001
Responses
per annum
1
1
I
........................
Burden hour
per response
200
35
I
235
I
Laura Miller-Pittman,
Chief, Office of Policy, Programs and
Legislative Initiatives.
[FR Doc. 2022–03176 Filed 2–14–22; 8:45 am]
BILLING CODE 4210–67–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1209]
Certain Movable Barrier Operator
Systems and Components Thereof;
Notice of Commission Final
Determination Finding a Violation of
Section 337; Issuance of a Limited
Exclusion Order and a Cease and
Desist Order; Termination of the
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has found a violation of
section 337 of the Tariff Act of 1930, as
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Annual
burden hours
0.33
0.25
C. Authority
Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C.
Chapter 35.
SUMMARY:
Physical Condition Standards (UPCS),
the Physical Condition of Multifamily
Properties and the Public Housing
Assessment System (PHAS) regulations,
the Department conducts physical
condition inspections of approximately
14,000 multifamily and public housing
properties annually. HUD uses contract
inspectors that are trained and certified
in the UPCS protocol by HUD to
conduct UPCS inspections. Individuals
who wish to be trained and certified
UPCS by HUD are requested to
electronically submit the questionnaire
via the internet. The questionnaire
provides HUD with basic knowledge of
an individual’s inspection skills and
abilities.
As part of aligning REAC UPCS
inspections with those conducted by
state Housing Finance Agencies, state
HFA staff also may fill out a form for
information purposes only prior to
attending the UPCS training.
Respondents: Applicants to the UPCS
inspector certification program and state
HFA staff.
1
Hourly cost
per response
66
9
I
75
Annual cost
$34.86
34.86
I
........................
$2,300.76
313.74
I
2,614.50
amended, in the above-captioned
investigation. The Commission has
issued a limited exclusion order
(‘‘LEO’’) prohibiting the importation of
certain movable barrier operator systems
and components thereof that are
imported by or on behalf of The
Chamberlain Group, Inc. of Oak Brook,
Illinois (‘‘Respondent’’), and that
infringe claims 1, 4, 16, and 19 of U.S.
Patent No. 9,483,935 (‘‘the ’935 patent’’);
claims 18 and 24 of U.S. Patent No.
7,956,718 (‘‘the ’718 patent’’) and claim
17 of U.S. Patent No. 8,410,895 (‘‘the
’895 patent’’). The Commission has also
issued a cease and desist order (‘‘CDO’’)
against Respondent. The investigation is
terminated.
FOR FURTHER INFORMATION CONTACT:
Houda Morad, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–4716. Copies of non-confidential
documents filed in connection with this
investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. General
information concerning the Commission
may also be obtained by accessing its
E:\FR\FM\15FEN1.SGM
15FEN1
lotter on DSK11XQN23PROD with NOTICES1
8606
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Notices
internet server at https://www.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: On August
10, 2020, the Commission instituted this
investigation under section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337 (‘‘section 337’’), based on a
complaint filed by Overhead Door
Corporation of Lewisville, Texas and
GMI Holdings Inc. of Mount Hope, Ohio
(collectively, ‘‘Complainants’’). See 85
FR 48264–65 (Aug. 10, 2020). The
complaint, as supplemented, alleges a
violation 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 movable barrier operator systems
and components thereof by reason of
infringement of U.S. Patent Nos.
8,970,345 (‘‘the ’345 patent’’); 7,173,516
(‘‘the ’516 patent’’); 7,180,260 (‘‘the ’260
patent’’); the ’935 patent; the ’718
patent; and the ’895 patent. See id. The
notice of investigation names The
Chamberlain Group, Inc. of Oak Brook,
Illinois as the respondent in this
investigation. See id. The Office of
Unfair Import Investigations is not a
party to the investigation. See id.
On February 10, 2021, the
Commission terminated the
investigation as to the ’516 patent based
on the withdrawal of the allegations in
the complaint as to that patent. See
Order No. 10 (Jan. 19, 2021), unreviewed
by Comm’n Notice (Feb. 10, 2021).
On May 26, 2021, Commission
determined not to review an initial
determination granting Complainants’
motion for summary determination that
the economic prong of the domestic
industry requirement is satisfied. See
Order No. 12 (April 26, 2021),
unreviewed by Comm’n Notice (May 26,
2021).
On September 14, 2021, the presiding
Administrative Law Judge (‘‘ALJ’’)
issued a final initial determination
(‘‘FID’’) finding a violation of section
337 based on the infringement by
Respondent of all of Complainants’
asserted patent claims. Specifically, the
FID finds that: (1) The asserted patent
claims are all infringed by Respondent’s
accused products and redesigned
products; (2) the domestic industry
products practice the asserted patents;
and (3) the asserted patents are not
invalid under 35 U.S.C. 101, 102, or
103. The ALJ also issued a
recommended determination (‘‘RD’’)
recommending, should the Commission
find a violation of section 337, that the
VerDate Sep<11>2014
20:12 Feb 14, 2022
Jkt 256001
Commission issue: (1) A limited
exclusion order against certain movable
barrier operator systems and
components thereof that are imported
into the United States, sold for
importation, and sold within the United
States after importation, by the
Respondent; and (2) a cease and desist
order against the Respondent. The RD
also recommends that the Commission
set a bond during the period of
Presidential review in an amount of 100
percent of the entered value of the
movable barrier operator systems
imported by or on behalf of the
Respondent.
On October 14, 2021, the parties filed
statements on the public interest
pursuant to Commission Rule 210.50, 19
CFR 210.50. Between October 20, 2021,
and November 3, 2021, members of the
public filed written submissions in
response to the Federal Register notice
requesting public interest comments.
See 86 FR 56982–83 (Oct. 13, 2021).
On December 6, 2021, the
Commission issued a notice
determining to review the FID in part
(‘‘the WTR Notice’’). See 86 FR 70527–
29 (Dec. 10, 2021). The WTR Notice also
requested written submissions from the
parties on the issues under review, and
from the parties, interested government
agencies, and any other interested
parties on issues of remedy, the public
interest, and bonding. See id.
On December 13, 2021, the parties
filed written submissions in response to
the WTR Notice, and on December 20,
2020, the parties filed responses to each
other’s submissions. On December 13,
2021, members of the public filed
written submissions concerning the
public interest in response to the WTR
Notice.
Having examined the record of this
investigation, including the FID, the RD,
and the parties’ and non-parties’
submissions, the Commission has
determined to affirm with modification
the FID’s determination of a violation of
section 337 with respect to claims 1, 4,
16, and 19 of the ’935 patent; claims 18
and 24 of the ’718 patent; and claim 17
of the ’895 patent. The Commission
reverses and finds no violation as to the
asserted claims of the ’345 and ’260
patents. Specifically, as explained in the
Commission Opinion filed concurrently
herewith, the Commission has
determined to: (1) Affirm with
modification the FID’s infringement
findings as to the asserted claims of the
’935 patent; (2) reverse the FID’s
infringement findings as to the asserted
claims of the ’345 patent; (3) affirm with
modification the FID’s validity findings
as to the asserted claims of the ’935 and
’345 patents over Keller (RX–44); (4)
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Fmt 4703
Sfmt 4703
reverse the FID’s infringement findings
as to the asserted claims of the ’260
patent; (5) vacate and take no position
as to the FID’s finding that the asserted
claims of the ’260 patent are patenteligible under 35 U.S.C. 101; (6) affirm
with modification the FID’s
infringement findings as to the asserted
claims of the ’718 and ’895 patents; and
(7) affirm with modification the FID’s
finding that the asserted claims of the
’718 and ’895 patents are patent-eligible
under 35 U.S.C. 101.
All findings in the FID that are not
inconsistent with the Commission’s
determination are affirmed.
The Commission has determined that
the appropriate remedy is an LEO
against Respondent’s infringing
products and a CDO against
Respondent. The Commission has also
determined that the public interest
factors enumerated in subsection
337(d)(1) and (f)(1) (19 U.S.C.
1337(d)(1), (f)(1)) do not preclude the
issuance of the LEO and CDO. The
Commission has further determined to
set a bond during the period of
Presidential review in the amount of
100 percent of the entered value of
Respondent’s infringing products (19
U.S.C. 1337(j)).
The Commission’s orders and opinion
were delivered to the President and to
the United States Trade Representative
on the day of their issuance.
The Commission’s vote for this
determination took place on February 9,
2022.
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: February 9, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022–03167 Filed 2–14–22; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
[OMB Number 1105–0030]
Agency Information Collection
Activities; Proposed eCollection
eComments Requested; Extension of a
Previously Approved Collection;
Comments Requested; Electronic
Applications for the Attorney General’s
Honors Program and the Summer Law
Intern Program
Office of Attorney Recruitment
and Management, Department of Justice.
AGENCY:
E:\FR\FM\15FEN1.SGM
15FEN1
]]>Agencies
[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Notices]
[Pages 8605-8606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03167]
=======================================================================
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1209]
Certain Movable Barrier Operator Systems and Components Thereof;
Notice of Commission Final Determination Finding a Violation of Section
337; Issuance of a Limited Exclusion Order and a Cease and Desist
Order; Termination of the Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has found a violation of section 337 of the Tariff Act of
1930, as amended, in the above-captioned investigation. The Commission
has issued a limited exclusion order (``LEO'') prohibiting the
importation of certain movable barrier operator systems and components
thereof that are imported by or on behalf of The Chamberlain Group,
Inc. of Oak Brook, Illinois (``Respondent''), and that infringe claims
1, 4, 16, and 19 of U.S. Patent No. 9,483,935 (``the '935 patent'');
claims 18 and 24 of U.S. Patent No. 7,956,718 (``the '718 patent'') and
claim 17 of U.S. Patent No. 8,410,895 (``the '895 patent''). The
Commission has also issued a cease and desist order (``CDO'') against
Respondent. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-4716. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. General information concerning the Commission may
also be obtained by accessing its
[[Page 8606]]
internet server at https://www.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: On August 10, 2020, the Commission
instituted this investigation under section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a
complaint filed by Overhead Door Corporation of Lewisville, Texas and
GMI Holdings Inc. of Mount Hope, Ohio (collectively, ``Complainants'').
See 85 FR 48264-65 (Aug. 10, 2020). The complaint, as supplemented,
alleges a violation 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 movable barrier operator systems
and components thereof by reason of infringement of U.S. Patent Nos.
8,970,345 (``the '345 patent''); 7,173,516 (``the '516 patent'');
7,180,260 (``the '260 patent''); the '935 patent; the '718 patent; and
the '895 patent. See id. The notice of investigation names The
Chamberlain Group, Inc. of Oak Brook, Illinois as the respondent in
this investigation. See id. The Office of Unfair Import Investigations
is not a party to the investigation. See id.
On February 10, 2021, the Commission terminated the investigation
as to the '516 patent based on the withdrawal of the allegations in the
complaint as to that patent. See Order No. 10 (Jan. 19, 2021),
unreviewed by Comm'n Notice (Feb. 10, 2021).
On May 26, 2021, Commission determined not to review an initial
determination granting Complainants' motion for summary determination
that the economic prong of the domestic industry requirement is
satisfied. See Order No. 12 (April 26, 2021), unreviewed by Comm'n
Notice (May 26, 2021).
On September 14, 2021, the presiding Administrative Law Judge
(``ALJ'') issued a final initial determination (``FID'') finding a
violation of section 337 based on the infringement by Respondent of all
of Complainants' asserted patent claims. Specifically, the FID finds
that: (1) The asserted patent claims are all infringed by Respondent's
accused products and redesigned products; (2) the domestic industry
products practice the asserted patents; and (3) the asserted patents
are not invalid under 35 U.S.C. 101, 102, or 103. The ALJ also issued a
recommended determination (``RD'') recommending, should the Commission
find a violation of section 337, that the Commission issue: (1) A
limited exclusion order against certain movable barrier operator
systems and components thereof that are imported into the United
States, sold for importation, and sold within the United States after
importation, by the Respondent; and (2) a cease and desist order
against the Respondent. The RD also recommends that the Commission set
a bond during the period of Presidential review in an amount of 100
percent of the entered value of the movable barrier operator systems
imported by or on behalf of the Respondent.
On October 14, 2021, the parties filed statements on the public
interest pursuant to Commission Rule 210.50, 19 CFR 210.50. Between
October 20, 2021, and November 3, 2021, members of the public filed
written submissions in response to the Federal Register notice
requesting public interest comments. See 86 FR 56982-83 (Oct. 13,
2021).
On December 6, 2021, the Commission issued a notice determining to
review the FID in part (``the WTR Notice''). See 86 FR 70527-29 (Dec.
10, 2021). The WTR Notice also requested written submissions from the
parties on the issues under review, and from the parties, interested
government agencies, and any other interested parties on issues of
remedy, the public interest, and bonding. See id.
On December 13, 2021, the parties filed written submissions in
response to the WTR Notice, and on December 20, 2020, the parties filed
responses to each other's submissions. On December 13, 2021, members of
the public filed written submissions concerning the public interest in
response to the WTR Notice.
Having examined the record of this investigation, including the
FID, the RD, and the parties' and non-parties' submissions, the
Commission has determined to affirm with modification the FID's
determination of a violation of section 337 with respect to claims 1,
4, 16, and 19 of the '935 patent; claims 18 and 24 of the '718 patent;
and claim 17 of the '895 patent. The Commission reverses and finds no
violation as to the asserted claims of the '345 and '260 patents.
Specifically, as explained in the Commission Opinion filed concurrently
herewith, the Commission has determined to: (1) Affirm with
modification the FID's infringement findings as to the asserted claims
of the '935 patent; (2) reverse the FID's infringement findings as to
the asserted claims of the '345 patent; (3) affirm with modification
the FID's validity findings as to the asserted claims of the '935 and
'345 patents over Keller (RX-44); (4) reverse the FID's infringement
findings as to the asserted claims of the '260 patent; (5) vacate and
take no position as to the FID's finding that the asserted claims of
the '260 patent are patent-eligible under 35 U.S.C. 101; (6) affirm
with modification the FID's infringement findings as to the asserted
claims of the '718 and '895 patents; and (7) affirm with modification
the FID's finding that the asserted claims of the '718 and '895 patents
are patent-eligible under 35 U.S.C. 101.
All findings in the FID that are not inconsistent with the
Commission's determination are affirmed.
The Commission has determined that the appropriate remedy is an LEO
against Respondent's infringing products and a CDO against Respondent.
The Commission has also determined that the public interest factors
enumerated in subsection 337(d)(1) and (f)(1) (19 U.S.C. 1337(d)(1),
(f)(1)) do not preclude the issuance of the LEO and CDO. The Commission
has further determined to set a bond during the period of Presidential
review in the amount of 100 percent of the entered value of
Respondent's infringing products (19 U.S.C. 1337(j)).
The Commission's orders and opinion were delivered to the President
and to the United States Trade Representative on the day of their
issuance.
The Commission's vote for this determination took place on February
9, 2022.
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: February 9, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-03167 Filed 2-14-22; 8:45 am]
BILLING CODE 7020-02-P
