Certain Movable Barrier Operator Systems and Components Thereof Notice of Commission Decision Not to Review an Initial Determination Granting an Unopposed Motion for Return of Bond; Return of Bond; Termination of Bond Return Proceeding, 47901-47902 [2023-15738]

Download as PDF Federal Register / Vol. 88, No. 141 / Tuesday, July 25, 2023 / Notices The following described public lands with non-Federal mineral interests, if mineral rights are acquired by United States, will be subject to the terms and conditions of this withdrawal as described in paragraph 1: Island Creek Recreation Area Willamette Meridian, Oregon T. 30 S., R. 7 W., Sec. 36, those portions of the S1⁄2SW1⁄4SE1⁄4SW1⁄4 and the S1⁄2SE1⁄4SE1⁄4SW1⁄4 lying between the ordinary high-water mark of the easterly bank of Cow Creek and the southerly boundary of the Oregon & California Railroad Grant patent dated May 6, 1896. T. 31 S., R. 7 W., Sec. 1, that portion of the NW1⁄4NW1⁄4 lying between the ordinary high-water mark of the southwesterly bank of Cow Creek and the southerly boundary of the Oregon & California Railroad Grant patent dated May 6, 1896. The areas described aggregate 21.20 acres. The following described non-Federal lands, if acquired by the United States, will be subject to the terms and conditions of this withdrawal as described in paragraph 1: Island Creek Special Recreation Site ddrumheller on DSK120RN23PROD with NOTICES1 Willamette Meridian, Oregon T. 30 S., R. 7 W., Sec. 36, S1⁄2SW1⁄4SW1⁄4SW1⁄4, S1⁄2SE1⁄4SW1⁄4SW1⁄4, S1⁄2SW1⁄4SE1⁄4SW1⁄4, and S1⁄2SE1⁄4SE1⁄4SW1⁄4, excepting those portions of the S1⁄2SW1⁄4SE1⁄4SW1⁄4 and the S1⁄2SE1⁄4SE1⁄4SW1⁄4 lying between the ordinary high-water mark of the easterly bank of Cow Creek and the southerly boundary of the Oregon & California Railroad Grant patent dated May 6, 1896. T. 31 S., R. 7 W., Sec. 1, that portion of lot 5 granted to the railroad under the Act of July 25, 1866 (14 Stat. 239), and NW1⁄4NW1⁄4, excepting that portion of the NW1⁄4NW1⁄4 lying between the ordinary high-water mark of the southwesterly bank of Cow Creek and the southerly boundary of the Oregon & California Railroad Grant patent dated May 6, 1896. The areas described aggregate 38.50 acres. The total areas described, including public and non-Federal lands, aggregate 163.62 acres. The Secretary approved the BLM’s petition/application. Therefore, the petition/application constitutes a withdrawal proposal of the Secretary of the Interior (43 CFR 2310.1–3(e)). The use of a right-of-way, interagency agreement, or cooperative agreement would not adequately constrain mineral location and surface entry, which could adversely affect ongoing management activities and existing and planned capital improvements resulting in land use conflicts and irretrievable loss of natural resources. Suitable alternative VerDate Sep<11>2014 18:12 Jul 24, 2023 Jkt 259001 sites are not available because the recreational sites have unique values. No water is necessary to fulfill the purpose of the proposed withdrawal. Records relating to this proposed withdrawal may be examined by contacting the BLM at the above address and phone number. Comments, including names and street addresses of respondents, will be available for public review at the address indicated above during regular business hours. 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 personally identifying information—may be made publicly available at any time. While you may ask the BLM in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Notice is hereby given that an opportunity for a public meeting is afforded in connection with the proposed withdrawal. All interested persons who desire a public meeting for the purpose of being heard on the proposed withdrawal must submit a written request to the State Director, BLM Oregon/Washington State Office, at the address in the ADDRESSES section, within 90 days from the date of publication of this notice. If the authorized officer determines that a public meeting will be held, a notice of the date, time, and place will be published in the Federal Register and local newspapers and posted on the BLM website at www.blm.gov at least 30 days before the scheduled date of the meeting. For a period of 2 years from the date of publication of this notice in the Federal Register, the land will be segregated from location or entry under the United States mining laws unless the application is denied or cancelled or if the withdrawal is approved prior to that date. The temporary uses that may be permitted during this segregation period are leases, licenses, permits, rights-of-way, and disposal of mineral or vegetative resources other than under the mining laws. This withdrawal application will be processed in accordance with the regulations set forth at 43 CFR part 2300. (Authority: 43 U.S.C. 1714.) Barry R. Bushue, BLM Oregon/Washington State Director. [FR Doc. 2023–15684 Filed 7–24–23; 8:45 am] BILLING CODE 4331–24–P PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 47901 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1209] Certain Movable Barrier Operator Systems and Components Thereof Notice of Commission Decision Not to Review an Initial Determination Granting an Unopposed Motion for Return of Bond; Return of Bond; Termination of Bond Return Proceeding International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) of the presiding Administrative Law Judge (‘‘ALJ’’) granting an unopposed motion of respondent The Chamberlain Group, LLC of Oak Brook, Illinois (‘‘Chamberlain’’) for the return of the bond it paid under the remedial orders during the period of Presidential review. The bond is returned to Chamberlain, and the bond return proceeding is terminated. SUMMARY: 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 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 an 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, ‘‘Overhead Door’’). See 85 FR 48264–65 (Aug. 10, 2020). The complaint, as supplemented, alleged 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 E:\FR\FM\25JYN1.SGM 25JYN1 ddrumheller on DSK120RN23PROD with NOTICES1 47902 Federal Register / Vol. 88, No. 141 / Tuesday, July 25, 2023 / Notices infringement of U.S. Patent Nos. 8,970,345 (‘‘the ’345 patent’’); 7,173,516 (‘‘the ’516 patent’’); 7,180,260 (‘‘the ’260 patent’’); 9,483,935 (‘‘the ’935 patent’’); 7,956,718 (‘‘the ’718 patent’’); and 8,410,895 (‘‘the ’895 patent’’). See id. The notice of investigation named Chamberlain (formerly, The Chamberlain Group, Inc.) as the respondent in this investigation. See id. The Office of Unfair Import Investigations (‘‘OUII’’) was not named as a party. 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 February 9, 2022, the Commission issued a final determination finding a violation of section 337 based on Chamberlain’s infringement of the asserted claims of the ’935, ’718, and ’895 patents, but not the ’345 and ’260 patents. See 87 FR 8605–06 (Feb. 15, 2022). The Commission further determined to: (1) issue a limited exclusion order against Chamberlain’s infringing products and a cease and desist order against Chamberlain (collectively, the ‘‘remedial orders’’); and (2) set a bond during the period of Presidential review in the amount of one hundred (100) percent of the entered value of the infringing articles. See id. On March 30, 2022, the Commission issued modified remedial orders to confirm that the covered products or articles in the remedial orders include garage door openers, gate operators, and commercial operators. See 87 FR 19709–10 (Apr. 5, 2022). On April 11 and 12, 2022, respectively, Overhead Door and Chamberlain filed appeals from the Commission’s final determination with the U.S. Court of Appeals for the Federal Circuit. See Chamberlain Grp., LLC v. ITC, Appeals Nos. 22–1664, 22– 1656 (consolidated). On June 14, 2023, the Federal Circuit dismissed the appeals based on a joint stipulation of voluntary dismissal. See Chamberlain Grp., LLC v. ITC, Order, Appeal No. 22– 1664, ECF No. 95 (Fed. Cir. June 14, 2023). On August 5, 2022, the Commission instituted an enforcement proceeding under Commission Rule 210.75 (19 CFR 210.75) to investigate alleged violations of the remedial orders by Chamberlain’s legacy and redesigned products. See 87 FR 48039 (Aug. 5, 2022). In addition to Overhead Door and Chamberlain, OUII was also named as a party to the enforcement proceeding. See id. The Commission subsequently terminated VerDate Sep<11>2014 18:12 Jul 24, 2023 Jkt 259001 the enforcement proceeding based on settlement. See Order No. 26 (June 14, 2023), unreviewed by Comm’n Notice (July 12, 2023). On June 13, 2023, Overhead Door and Chamberlain filed a joint petition to rescind the remedial orders (original and modified) based on the settlement agreement. On July 12, 2023, the Commission determined to institute a rescission proceeding and to rescind the remedial orders (original and modified). Comm’n Notice (July 12, 2023). The rescission proceeding has been terminated. Id. On June 15, 2023, Chamberlain filed an unopposed motion for the return of the bond it posted under the remedial orders during the period of Presidential review. On June 20, 2023, OUII filed a response in support of the motion. On June 28, 2023, the ALJ issued the subject ID (Order No. 27) granting the motion. See ID at 2; see also id. at 1 (incorrectly referring to the exclusion order as a general exclusion order rather than a limited exclusion order). The ID notes that the motion was filed within 30 days after the resolution of the appeal, in compliance with Commission Rule 210.50(d)(1)(ii) (19 CFR 210.50(d)(1)(ii)). See ID at 2. The ID also finds ‘‘no reason to deny Chamberlain’s request for the return of bond.’’ See id. No petition for review of the subject ID was filed. The Commission has determined not to review the subject ID. The bond is returned to Chamberlain. The bond return proceeding is terminated. The Commission’s vote on this determination took place on July 20, 2023. 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: July 20, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–15738 Filed 7–24–23; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 DEPARTMENT OF JUSTICE [OMB Number 1124–0002] Agency Information Collection Activities; Proposed eCollection eComments Requested; Supplemental Statement to Registration Statement of Foreign Agents (NSD–2) National Security Division, Department of Justice. ACTION: 30-Day notice. AGENCY: The National Security Division (NSD), Department of Justice (DOJ), will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection was previously published in the Federal Register on April 20, 2023, allowing a 60-day comment period. DATES: Comments are encouraged and will be accepted for 30 days until August 24, 2023. FOR FURTHER INFORMATION CONTACT: If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact CES Acting Section Chief Jennifer K. Gellie, at 202–233–0776, and fara.public@usdoj.gov. SUPPLEMENTARY INFORMATION: Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —Evaluate 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; —Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Enhance the quality, utility, and clarity of the information to be collected; and/or —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 responses. SUMMARY: E:\FR\FM\25JYN1.SGM 25JYN1

Agencies

[Federal Register Volume 88, Number 141 (Tuesday, July 25, 2023)]
[Notices]
[Pages 47901-47902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15738]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1209]


Certain Movable Barrier Operator Systems and Components Thereof 
Notice of Commission Decision Not to Review an Initial Determination 
Granting an Unopposed Motion for Return of Bond; Return of Bond; 
Termination of Bond Return Proceeding

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') of the presiding Administrative Law Judge (``ALJ'') granting 
an unopposed motion of respondent The Chamberlain Group, LLC of Oak 
Brook, Illinois (``Chamberlain'') for the return of the bond it paid 
under the remedial orders during the period of Presidential review. The 
bond is returned to Chamberlain, and the bond return proceeding 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 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 an 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, ``Overhead 
Door''). See 85 FR 48264-65 (Aug. 10, 2020). The complaint, as 
supplemented, alleged 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

[[Page 47902]]

infringement of U.S. Patent Nos. 8,970,345 (``the '345 patent''); 
7,173,516 (``the '516 patent''); 7,180,260 (``the '260 patent''); 
9,483,935 (``the '935 patent''); 7,956,718 (``the '718 patent''); and 
8,410,895 (``the '895 patent''). See id. The notice of investigation 
named Chamberlain (formerly, The Chamberlain Group, Inc.) as the 
respondent in this investigation. See id. The Office of Unfair Import 
Investigations (``OUII'') was not named as a party. 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 February 9, 2022, the Commission issued a final determination 
finding a violation of section 337 based on Chamberlain's infringement 
of the asserted claims of the '935, '718, and '895 patents, but not the 
'345 and '260 patents. See 87 FR 8605-06 (Feb. 15, 2022). The 
Commission further determined to: (1) issue a limited exclusion order 
against Chamberlain's infringing products and a cease and desist order 
against Chamberlain (collectively, the ``remedial orders''); and (2) 
set a bond during the period of Presidential review in the amount of 
one hundred (100) percent of the entered value of the infringing 
articles. See id. On March 30, 2022, the Commission issued modified 
remedial orders to confirm that the covered products or articles in the 
remedial orders include garage door openers, gate operators, and 
commercial operators. See 87 FR 19709-10 (Apr. 5, 2022).
    On April 11 and 12, 2022, respectively, Overhead Door and 
Chamberlain filed appeals from the Commission's final determination 
with the U.S. Court of Appeals for the Federal Circuit. See Chamberlain 
Grp., LLC v. ITC, Appeals Nos. 22-1664, 22-1656 (consolidated). On June 
14, 2023, the Federal Circuit dismissed the appeals based on a joint 
stipulation of voluntary dismissal. See Chamberlain Grp., LLC v. ITC, 
Order, Appeal No. 22-1664, ECF No. 95 (Fed. Cir. June 14, 2023).
    On August 5, 2022, the Commission instituted an enforcement 
proceeding under Commission Rule 210.75 (19 CFR 210.75) to investigate 
alleged violations of the remedial orders by Chamberlain's legacy and 
redesigned products. See 87 FR 48039 (Aug. 5, 2022). In addition to 
Overhead Door and Chamberlain, OUII was also named as a party to the 
enforcement proceeding. See id. The Commission subsequently terminated 
the enforcement proceeding based on settlement. See Order No. 26 (June 
14, 2023), unreviewed by Comm'n Notice (July 12, 2023).
    On June 13, 2023, Overhead Door and Chamberlain filed a joint 
petition to rescind the remedial orders (original and modified) based 
on the settlement agreement. On July 12, 2023, the Commission 
determined to institute a rescission proceeding and to rescind the 
remedial orders (original and modified). Comm'n Notice (July 12, 2023). 
The rescission proceeding has been terminated. Id.
    On June 15, 2023, Chamberlain filed an unopposed motion for the 
return of the bond it posted under the remedial orders during the 
period of Presidential review. On June 20, 2023, OUII filed a response 
in support of the motion.
    On June 28, 2023, the ALJ issued the subject ID (Order No. 27) 
granting the motion. See ID at 2; see also id. at 1 (incorrectly 
referring to the exclusion order as a general exclusion order rather 
than a limited exclusion order). The ID notes that the motion was filed 
within 30 days after the resolution of the appeal, in compliance with 
Commission Rule 210.50(d)(1)(ii) (19 CFR 210.50(d)(1)(ii)). See ID at 
2. The ID also finds ``no reason to deny Chamberlain's request for the 
return of bond.'' See id. No petition for review of the subject ID was 
filed.
    The Commission has determined not to review the subject ID. The 
bond is returned to Chamberlain. The bond return proceeding is 
terminated.
    The Commission's vote on this determination took place on July 20, 
2023.
    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: July 20, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-15738 Filed 7-24-23; 8:45 am]
BILLING CODE 7020-02-P
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