Certain Blowers and Components Thereof; Notice of a Commission Determination To Review an Enforcement Initial Determination and Order No. 36, 9085-9086 [2022-03402]
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lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Notices
Reclamation and Enforcement (OSMRE),
are proposing to renew an information
collection.
DATES: Interested persons are invited to
submit comments on or before March
21, 2022.
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. Please provide a copy
of your comments to Mark Gehlhar,
Office of Surface Mining Reclamation
and Enforcement, 1849 C Street NW,
Room 4556–MIB, Washington, DC
20240, or by email to mgehlhar@
osmre.gov. Please reference OMB
Control Number 1029–0117 in the
subject line of your comments.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this ICR, contact Mark Gehlhar by email
at mgehlhar@osmre.gov, or by telephone
at (202) 208–2716. You may also view
the ICR at https://www.reginfo.gov/
public/do/PRAMain.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act of 1995 (PRA; 44 U.S.C.
3501 et seq.) and 5 CFR 1320.8(d)(1), we
provide the general public and other
Federal agencies with an opportunity to
comment on new, proposed, revised,
and continuing collections of
information. This helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. It also helps the
public understand our information
collection requirements and provide the
requested data in the desired format.
A Federal Register notice with a 60day public comment period soliciting
comments on this collection of
information was published on
September 30, 2021 (86 FR 54235). No
comments were received.
As part of our continuing effort to
reduce paperwork and respondent
burdens, we are again soliciting
comments from the public and other
Federal agencies on the proposed ICR
that is described below. We are
especially interested in public comment
addressing the following:
(1) Whether or not the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether or not the
information will have practical utility;
(2) The accuracy of our estimate of the
burden for this collection of
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17:23 Feb 16, 2022
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information, including the validity of
the methodology and assumptions used;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) How might the agency 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 response.
Comments that you submit in
response to this notice are a matter of
public record. Before including your
address, phone number, email address,
or other personal identifying
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—may be made
publicly available at any time. While
you can ask us in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Abstract: This collection of
information is authorized by Section
507(b) of Public Law 95–87 which
provides that persons conducting coal
mining activities submit to the
regulatory authority all relevant
information regarding ownership and
control of the mining company, their
compliance status and history, and
authority to mine the property. This
information is used to insure all legal,
financial and compliance requirements
are satisfied prior to issuance or denial
of a permit.
Title of Collection: Permit
Applications—Minimum Requirements
for Legal, Financial, Compliance, and
Related Information.
OMB Control Number: 1029–0117.
Form Number: None.
Type of Review: Extension of a
currently approved collection.
Respondents/Affected Public:
Businesses, State and Tribal
governments.
Total Estimated Number of Annual
Respondents: 201.
Total Estimated Number of Annual
Responses: 1,590.
Estimated Completion Time per
Response: Varies 1 hour to 9 hours,
depending on activity.
Total Estimated Number of Annual
Burden Hours: 4,481.
Respondent’s Obligation: Required to
obtain or retain a benefit.
Frequency of Collection: One time.
Total Estimated Annual Nonhour
Burden Cost: $0.
An agency may not conduct or
sponsor and a person is not required to
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9085
respond to a collection of information
unless it displays a currently valid OMB
control number.
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Mark J. Gehlhar,
Information Collection Clearance Officer,
Division of Regulatory Support.
[FR Doc. 2022–03467 Filed 2–16–22; 8:45 am]
BILLING CODE 4310–05–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1217]
Certain Blowers and Components
Thereof; Notice of a Commission
Determination To Review an
Enforcement Initial Determination and
Order No. 36
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to review
in its entirety the enforcement initial
determination (‘‘EID’’) issued on
December 14, 2021, finding no violation
of the consent order issued in the abovereferenced section 337 investigation.
The Commission has also determined to
review Order No. 36, also issued on
December 14, 2021.
FOR FURTHER INFORMATION CONTACT:
Panyin A. Hughes, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3042. 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
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
September 8, 2020, the Commission
instituted the original, underlying
investigation based on a complaint filed
by Regal Beloit America, Inc. of Beloit,
Wisconsin (‘‘Regal’’ or ‘‘Complainant’’).
85 FR 55491–92 (Sept. 8, 2020). The
complaint alleged violations of section
337 of the Tariff Act of 1930, as
SUMMARY:
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lotter on DSK11XQN23PROD with NOTICES1
9086
Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Notices
amended, 19 U.S.C. 1337, in the
importation into the United States, the
sale for importation, or the sale within
the United States after importation of
certain blowers and components thereof
by reason of infringement of one or
more of claims 1, 2, 7–10, and 15 of U.S.
Patent No. 8,079,834 (‘‘the ’834 patent’’).
Id. at 55492. The Commission’s notice
of investigation named as respondents
East West Manufacturing, LLC of
Atlanta, Georgia, and East West
Industries of Binh Duong, Vietnam
(collectively, ‘‘East West’’ or
‘‘Respondents’’). Id. at 55492. The Office
of Unfair Import Investigations (‘‘OUII’’)
did not participate as a party in the
original investigation. Id.
On November 12, 2020, the
Commission terminated the original
investigation with respect to
Respondents based upon a consent
order stipulation and entry of a consent
order. 85 FR 73511 (Nov. 18, 2020). The
Consent Order directs East West to ‘‘not
sell for importation, import or sell after
importation the Subject Articles . . .
except under consent or license from
Complainant.’’ Consent Order at ¶ 5.
The Consent Order defines ‘‘Subject
Articles’’ as ‘‘certain blowers and
components thereof that infringe claims
1, 2, 7–10, and 15 of the ’834 Patent.’’
Id. at ¶ 3.
On January 15, 2021, Regal filed an
enforcement complaint at the
Commission alleging that East West’s
redesigned blower infringes claims 1, 2,
7–10, and 15 of the ’834 patent in
violation of the consent order. On
February 19, 2021, the Commission
instituted a formal enforcement
proceeding, pursuant to Commission
Rule 210.75(a), to determine whether a
violation of the consent order issued in
the original investigation has occurred
and to determine what, if any,
enforcement measures are appropriate.
86 FR 10335 (Feb. 19, 2021). The
respondents named in the enforcement
proceeding are the same as the
respondents named in the original
investigation, i.e., East West
Manufacturing, LLC of Atlanta, Georgia,
and East West Industries of Binh Duong,
Vietnam. Id. OUII was named as a party
in the enforcement proceeding. Id.
On March 1, 2021, East West filed a
motion for monetary and other
sanctions alleging that Regal and its
attorneys tampered with and
misrepresented the accused redesigned
blower in the enforcement complaint.
Regal and OUII filed responses thereto
on March 11, 2021, and March 18, 2021,
respectively. The presiding
Administrative Law Judge (‘‘ALJ’’)
further permitted the private parties to
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17:23 Feb 16, 2022
Jkt 256001
file replies and sur-replies to the
sanctions briefing. EID at 16.
On June 29, 2021, the ALJ issued a
Markman Order (Order No. 22), styled
‘‘Markman Claim Constructions With
Abbreviated Rationales’’ (‘‘Markman
Order I’’). On July 13, 2021, the ALJ
issued Order No. 23, clarifying Order
No. 22.
The ALJ held an evidentiary hearing
from July 20–23, 2021 and received
post-hearing briefs thereafter. On
September 22, 2021, the ALJ held a
supplemental hearing on the sanctions
motion. EID at 18.
On October 29, 2021, the ALJ issued
Order No. 32 (Markman Order II),
providing extensive explanations as to
the adopted constructions in Order No.
22.
On December 14, 2021, the ALJ issued
the subject EID finding no violation of
the consent order. The EID found that
the parties do not contest personal
jurisdiction, and that the Commission
has in rem jurisdiction over the accused
products. EID at 19–20. The EID noted
that the private parties filed a ‘‘Joint
Stipulation on Importation and Sales,’’
describing ‘‘the number of units of the
Accused or Redesigned Blower that East
West imported and sold.’’ Id. at 20. The
EID found that Regal failed to show that
East West’s redesigned blower infringes
asserted claims 1, 2, 7–10, and 15 of the
’834 patent, and thus failed to show a
violation of the consent order. See id. at
9–10. The EID states that ‘‘in the event
the Commission were to find to the
contrary, an imposed civil penalty
should be de minimus and not the
maximum civil penalty that Regal has
proposed.’’ Id. at 10. Specifically, the
EID recommends that ‘‘East West
disgorge its profits plus an additional
one-half of its profits from any sales that
violated the Consent Order.’’ Id. at 10–
11.
On December 14, 2021, the ALJ also
issued Order No. 36 denying East West’s
motion for monetary sanctions. The ALJ
issued a public warning to Regal, citing
the Commission’s sanctions authority
under Commission Rule 210.4(c) and
(d), 19 CFR 210.4(c), (d), and ordered
Regal to correct potentially misleading
portions of the enforcement complaint.
On January 4, 2022, Regal filed a
petition for review of the EID, and
Respondents filed a contingent petition
for review of the EID and a petition for
review of Order No. 36. On January 10,
2022, the parties replied to the petitions
for review.
Having examined the record of this
investigation, including the EID, the
petitions for review, and the responses
thereto, the Commission has determined
to review the EID in its entirety. The
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Commission has also determined to
review Order No. 36.
The Commission does not request
additional briefing from the parties.
The Commission’s vote on this
determination took place on February
11, 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 210).
By order of the Commission.
Issued: February 11, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022–03402 Filed 2–16–22; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1196]
Certain In Vitro Fertilization Products,
Components Thereof, and Products
Containing the Same; Commission
Decision Not To Review a Final Initial
Determination Finding a Violation of
Section 337; Schedule for Filing
Written Submissions on Remedy, the
Public Interest, and Bonding
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review a final initial determination
(‘‘FID’’) of the presiding Administrative
Law Judge (‘‘ALJ’’) finding a violation of
section 337 by respondents Fast IVF of
Scottsdale, Arizona (‘‘Fast IVF’’) and
Hermes Ezcanesi of Istanbul, Turkey
(collectively, the ‘‘Defaulting
Respondents’’). The Commission also
requests written submissions from the
parties, interested government agencies
and interested persons, under the
schedule set forth below, on remedy, the
public interest, and bonding.
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
SUMMARY:
E:\FR\FM\17FEN1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 33 (Thursday, February 17, 2022)]
[Notices]
[Pages 9085-9086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03402]
=======================================================================
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1217]
Certain Blowers and Components Thereof; Notice of a Commission
Determination To Review an Enforcement Initial Determination and Order
No. 36
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review in its entirety the enforcement
initial determination (``EID'') issued on December 14, 2021, finding no
violation of the consent order issued in the above-referenced section
337 investigation. The Commission has also determined to review Order
No. 36, also issued on December 14, 2021.
FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3042. 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 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 September 8, 2020, the Commission
instituted the original, underlying investigation based on a complaint
filed by Regal Beloit America, Inc. of Beloit, Wisconsin (``Regal'' or
``Complainant''). 85 FR 55491-92 (Sept. 8, 2020). The complaint alleged
violations of section 337 of the Tariff Act of 1930, as
[[Page 9086]]
amended, 19 U.S.C. 1337, in the importation into the United States, the
sale for importation, or the sale within the United States after
importation of certain blowers and components thereof by reason of
infringement of one or more of claims 1, 2, 7-10, and 15 of U.S. Patent
No. 8,079,834 (``the '834 patent''). Id. at 55492. The Commission's
notice of investigation named as respondents East West Manufacturing,
LLC of Atlanta, Georgia, and East West Industries of Binh Duong,
Vietnam (collectively, ``East West'' or ``Respondents''). Id. at 55492.
The Office of Unfair Import Investigations (``OUII'') did not
participate as a party in the original investigation. Id.
On November 12, 2020, the Commission terminated the original
investigation with respect to Respondents based upon a consent order
stipulation and entry of a consent order. 85 FR 73511 (Nov. 18, 2020).
The Consent Order directs East West to ``not sell for importation,
import or sell after importation the Subject Articles . . . except
under consent or license from Complainant.'' Consent Order at ] 5. The
Consent Order defines ``Subject Articles'' as ``certain blowers and
components thereof that infringe claims 1, 2, 7-10, and 15 of the '834
Patent.'' Id. at ] 3.
On January 15, 2021, Regal filed an enforcement complaint at the
Commission alleging that East West's redesigned blower infringes claims
1, 2, 7-10, and 15 of the '834 patent in violation of the consent
order. On February 19, 2021, the Commission instituted a formal
enforcement proceeding, pursuant to Commission Rule 210.75(a), to
determine whether a violation of the consent order issued in the
original investigation has occurred and to determine what, if any,
enforcement measures are appropriate. 86 FR 10335 (Feb. 19, 2021). The
respondents named in the enforcement proceeding are the same as the
respondents named in the original investigation, i.e., East West
Manufacturing, LLC of Atlanta, Georgia, and East West Industries of
Binh Duong, Vietnam. Id. OUII was named as a party in the enforcement
proceeding. Id.
On March 1, 2021, East West filed a motion for monetary and other
sanctions alleging that Regal and its attorneys tampered with and
misrepresented the accused redesigned blower in the enforcement
complaint. Regal and OUII filed responses thereto on March 11, 2021,
and March 18, 2021, respectively. The presiding Administrative Law
Judge (``ALJ'') further permitted the private parties to file replies
and sur-replies to the sanctions briefing. EID at 16.
On June 29, 2021, the ALJ issued a Markman Order (Order No. 22),
styled ``Markman Claim Constructions With Abbreviated Rationales''
(``Markman Order I''). On July 13, 2021, the ALJ issued Order No. 23,
clarifying Order No. 22.
The ALJ held an evidentiary hearing from July 20-23, 2021 and
received post-hearing briefs thereafter. On September 22, 2021, the ALJ
held a supplemental hearing on the sanctions motion. EID at 18.
On October 29, 2021, the ALJ issued Order No. 32 (Markman Order
II), providing extensive explanations as to the adopted constructions
in Order No. 22.
On December 14, 2021, the ALJ issued the subject EID finding no
violation of the consent order. The EID found that the parties do not
contest personal jurisdiction, and that the Commission has in rem
jurisdiction over the accused products. EID at 19-20. The EID noted
that the private parties filed a ``Joint Stipulation on Importation and
Sales,'' describing ``the number of units of the Accused or Redesigned
Blower that East West imported and sold.'' Id. at 20. The EID found
that Regal failed to show that East West's redesigned blower infringes
asserted claims 1, 2, 7-10, and 15 of the '834 patent, and thus failed
to show a violation of the consent order. See id. at 9-10. The EID
states that ``in the event the Commission were to find to the contrary,
an imposed civil penalty should be de minimus and not the maximum civil
penalty that Regal has proposed.'' Id. at 10. Specifically, the EID
recommends that ``East West disgorge its profits plus an additional
one-half of its profits from any sales that violated the Consent
Order.'' Id. at 10-11.
On December 14, 2021, the ALJ also issued Order No. 36 denying East
West's motion for monetary sanctions. The ALJ issued a public warning
to Regal, citing the Commission's sanctions authority under Commission
Rule 210.4(c) and (d), 19 CFR 210.4(c), (d), and ordered Regal to
correct potentially misleading portions of the enforcement complaint.
On January 4, 2022, Regal filed a petition for review of the EID,
and Respondents filed a contingent petition for review of the EID and a
petition for review of Order No. 36. On January 10, 2022, the parties
replied to the petitions for review.
Having examined the record of this investigation, including the
EID, the petitions for review, and the responses thereto, the
Commission has determined to review the EID in its entirety. The
Commission has also determined to review Order No. 36.
The Commission does not request additional briefing from the
parties.
The Commission's vote on this determination took place on February
11, 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
210).
By order of the Commission.
Issued: February 11, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-03402 Filed 2-16-22; 8:45 am]
BILLING CODE 7020-02-P
