Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Notices 66303 

contact Ms. Helen Rucker, Chief, 

Environmental Assessment Section, 

Office of Environment (GM 623E), 

Bureau of Ocean Energy Management, 

Gulf of Mexico OCS Region, 1201 

Elmwood Park Boulevard, New Orleans, 

Louisiana 70123–2394, telephone 504– 

736–2421, or email at helen.rucker@

boem.gov. 

SUPPLEMENTARY INFORMATION: The 

Council on Environmental Quality’s 

NEPA implementing regulations 

encourage agencies to analyze similar or 

related proposals in one EIS (40 CFR 

1508.25). Since the proposed lease sale 

area and the reasonably foreseeable OCS 

oil and gas activities are similar among 

GOM lease sales, BOEM plans to use the 

2020 GOM Supplemental EIS, and the 

EISs it tiers from, to support decisions 

on lease sales proposed to be held in the 

GOM from 2020 through 2022. The 2020 

GOM Supplemental EIS will tier from 

the 2017–2022 GOM Multisale EIS and 

the 2018 GOM Supplemental EIS, and 

will focus on any changes in the 

proposed action or the new information 

released since their publication. The 

resource estimates and scenario 

information for the 2020 GOM 

Supplemental EIS will include a range 

that encompasses the estimated 

resources and reasonably foreseeable 

post-lease activities that may result from 

a single proposed lease sale. At the 

completion of this Supplemental EIS 

process, a decision will be made only 

for the first proposed 2020 GOM lease 

sale. A separate decision will be made 

for the subsequent proposed GOM lease 

sales through 2022. 

The proposed lease sales are within 

the same geographic scope, range of 

predicted activities, and dates as those 

analyzed in the 2017–2022 GOM 

Multisale EIS and 2018 GOM 

Supplemental EIS. Therefore, BOEM 

will continue to tier from the 2017–2022 

GOM Multisale EIS and 2018 GOM 

Supplemental EIS, and will begin 

preparation of the 2020 GOM 

Supplemental EIS before the 2019–2024 

National Program is finalized. Should 

the GOM lease sales ultimately included 

in the 2019–2024 National Program 

differ substantially from those 

scheduled previously, BOEM will refine 

the analyses in the 2020 GOM 

Supplemental EIS or prepare an 

additional supplemental EIS, as 

appropriate, to support an individual 

lease sale decision. Under 40 CFR 

1502.9 scoping is not required for a 

Supplemental EIS. Given the recent 

publication of the 2017–2022 GOM 

Multisale EIS and 2018 GOM 

Supplemental EIS, BOEM is not 

conducting formal scoping for the 2020 

GOM Supplemental EIS. This Notice of 

Intent (NOI) serves to announce the 

preparation of the Gulf of Mexico Outer 

Continental Shelf Lease Sales: 2020, 

Draft Supplemental Environmental 

Impact Statement (Draft 2020 GOM 

Supplemental EIS). 

The 2020 GOM Supplemental EIS 

analysis will focus on the potential 

environmental effects from an oil and 

gas lease sale offering all available 

unleased acreage in the GOM, including 

the Western and Central Planning Areas, 

and the portion of the Eastern Planning 

Area not subject to Congressional 

moratorium (i.e., the proposed action), 

including the effects of all reasonably 

foreseeable exploration, development, 

and production activities that may 

result from the lease sale. In addition to 

the no action alternative (i.e., cancel the 

lease sale), other alternatives will be 

considered for each proposed lease sale, 

such as offering individual or multiple 

planning areas for lease (rather than a 

regionwide sale) or potentially deferring 

certain areas from the proposed lease 

sales. Practicable means of mitigating 

potential impacts from the proposed 

action will also be analyzed in the 2020 

GOM Supplemental EIS. 

Cooperating Agencies: BOEM invites 

other Federal agencies, and State, 

Tribal, and local governments to 

consider becoming cooperating agencies 

in the preparation of the 2020 GOM 

Supplemental EIS. BOEM invites 

qualified government entities to inquire 

about cooperating agency status for this 

Supplemental EIS. Following the 

guidelines from the Council on 

Environmental Quality (CEQ), qualified 

agencies and governments are those 

with ‘‘jurisdiction by law or special 

expertise’’ (40 CFR 1508.5). Potential 

cooperating agencies should consider 

their authority and capacity to assume 

the responsibilities of a cooperating 

agency and should remember that an 

agency’s role in the environmental 

analysis neither enlarges nor diminishes 

the final decisionmaking authority of 

any other agency involved in the NEPA 

process. Upon request, BOEM will 

provide potential cooperating agencies 

with a written summary of expectations 

for cooperating agencies, including time 

schedules and critical action dates, 

milestones, responsibilities, scope and 

detail of cooperating agencies’ 

contributions, and availability of 

predecisional information. BOEM 

anticipates this summary will form the 

basis for a Memorandum of Agreement 

between BOEM and any cooperating 

agency. Agencies should also consider 

the ‘‘Factors for Determining 

Cooperating Agency Status’’ in 

Attachment 1 to CEQ’s January 30, 2002, 

Memorandum for the Heads of Federal 

Agencies: Cooperating Agencies in 

Implementing the Procedural 

Requirements of the National 

Environmental Policy Act. This 

document is available on the internet at 

http://energy.gov/sites/prod/files/ 

nepapub/nepa_documents/RedDont/GCEQ-CoopAgenciesImplem.pdf. 

BOEM, as the lead agency, will not 

provide financial assistance to 

cooperating agencies. Even if an 

organization is not a cooperating 

agency, opportunities will exist to 

provide information and comments to 

BOEM during the normal public input 

stages of the NEPA process. 

Authority: This NOI is published pursuant 

to the regulations (40 CFR 1501.7) 

implementing the provisions of NEPA. 

Dated: December 19, 2018. 

Michael A. Celata, 

Regional Director, Bureau of Ocean Energy 

Management, Gulf of Mexico OCS Region. 

[FR Doc. 2018–27877 Filed 12–21–18; 8:45 am] 

BILLING CODE 4310–MR–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1050] 

Certain Dental Ceramics, Products 

Thereof, and Methods of Making the 

Same Termination of Investigation with 

a Finding of No Violation of Section 

337 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has found no violation of 

section 337 of the Tariff Act of 1930 in 

the above-captioned investigation. The 

investigation is terminated. 

FOR FURTHER INFORMATION CONTACT: 

Sidney A. Rosenzweig, Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street, SW, 

Washington, DC 20436, telephone (202) 

708–2532. 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:// 


amozie on DSK3GDR082PROD with NOTICES1
66304 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Notices 

edis.usitc.gov. Hearing-impaired 

persons are advised that information on 

this matter can be obtained by 

contacting the Commission TDD 

terminal on (202) 205–1810. 

SUPPLEMENTARY INFORMATION: The 

Commission instituted this investigation 

on April 25, 2017, based on a complaint, 

as supplemented, filed by Ivoclar 

Vivadent AG of Schaan, Liechtenstein; 

Ivoclar Vivadent, Inc. of Amherst, New 

York; and Ardent, Inc. of Amherst, New 

York (collectively ‘‘Ivoclar’’). 82 FR 

19081 (Apr. 25, 2017). The complaint, 

as supplemented, alleged violations of 

section 337 of the Tariff Act of 1930, as 

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 dental ceramics, products 

thereof, and methods of making the 

same by reason of the infringement of 

certain claims of four United States 

patents: U.S. Patent No. 7,452,836 (‘‘the 

’836 patent’’); U.S. Patent No. 6,517,623 

(‘‘the ’623 patent’’); U.S. Patent No. 

6,802,894 (‘‘the ’894 patent’’); and U.S. 

Patent No. 6,455,451 (‘‘the ’451 patent’’). 

The notice of investigation named as 

respondents GC Corporation of Tokyo, 

Japan; and GC America, Inc. of Alsip, 

Illinois (collectively, ‘‘GC’’). The Office 

of Unfair Import Investigations was also 

named as a party. 

Earlier in proceedings, the 

investigation was terminated as to 

certain asserted patent claims, including 

all of the asserted claims of the ’623 

patent and the ’451 patent, based upon 

withdrawal of the complaint. Order No. 

18 (Nov. 21, 2017), not reviewed, Notice 

(Dec. 6, 2017); Order No. 24 (Dec. 19, 

2017), not reviewed, Notice (Jan. 18, 

2017); Order No. 51 (Feb. 22, 2018), not 

reviewed, Notice (Mar. 23, 2018); Order 

No. 56 (Mar. 28, 2018), not reviewed, 

Notice (Apr. 27, 2018). 

On July 23, 2018, the ALJ issued the 

final initial determination (‘‘ID’’). 

Remaining within the scope of the 

investigation, as to infringement, 

domestic industry, or both, were claims 

1, 2, 4, 5, 7, 9, 10, 13, 15–19, and 21 of 

the ’836 patent; and claims 1, 2, 4, 16– 

21, 34, 36 and 38 of the ’894 patent. The 

ID finds, inter alia, that Ivoclar failed to 

demonstrate infringement of the abovereferenced claims of the ’836 patent. 

The ID finds, inter alia, that claims 36 

and 38 (‘‘the ’894 flexure strength 

claims’’) are invalid as indefinite under 

35 U.S.C. 112 ¶ 2. The ID further finds 

that Ivoclar failed to demonstrate 

infringement and failed to meet the 

technical prong of the domestic industry 

requirement as to the remaining claims 

of the ’894 patent (claims 1, 2, 4, 5, 7, 

9, 10, 13, 15–19, and 21) (‘‘the ’894 

annealing claims’’). The ID finds that 

some, but not all, of the ’894 annealing 

claims are invalid in view of certain 

prior art. 

After the issuance of the ID, the 

Commission solicited comments from 

the public concerning remedy and the 

public interest. On September 13, 2018, 

Representative Brian Higgins (R–N.Y.) 

filed comments in support of his 

constituent Ivoclar, whose headquarters 

is in Western New York. Letter from 

Rep. Brian Higgins to Chairman David 

S. Johanson at 1 (Sept. 13, 2018). In 

addition, Ivoclar, GC, and the 

Commission investigative attorney filed 

petitions for review and replies to the 

other parties’ petitions. 

On September 21, 2018, the 

Commission issued its notice of review. 

By that notice, the Commission 

determined not to review the ID with 

respect to the ’836 patent and the ’894 

flexure strength claims, thereby 

terminating the investigation as to those 

patent claims. The Commission 

determined to review the ID’s findings 

as to the ’894 annealing claims and 

solicited further briefing from the 

parties on certain issues concerning 

those patent claims. The Commission 

also solicited briefing from the parties, 

interested government agencies, and 

members of the public on remedy, the 

public interest, and bonding. No nonparties filed such briefing. On October 

5, 2018, the parties filed opening briefs 

in response to the Commission notice of 

review, and on October 12, 2018, the 

parties filed reply briefs. 

Having reviewed the record of the 

investigation, including the final ID, the 

parties’ petitions for review and 

responses thereto, and the parties’ 

briefing to the Commission, the 

Commission has determined to affirm, 

with modified reasoning, the ID’s 

conclusion that Ivoclar failed to 

demonstrate infringement of the ’894 

annealing claims. The Commission has 

also determined to affirm, with 

modified reasoning, the ID’s finding that 

claims 1, 2, and 34 of the ’894 patent are 

anticipated by U.S. Patent No. 4,189,325 

(Barrett) (RX–27). The Commission has 

determined to take no position as to 

whether International Patent 

Application WO 00/34196 (‘‘WO196’’) 

(RX–563) invalidates any of the ’894 

annealing claims or whether the 

technical prong of the domestic industry 

requirement was met for the ’894 patent. 

The Commission has determined to 

affirm the ID’s remaining findings 

concerning the ’894 annealing claims. 

Accordingly, the Commission 

terminates the investigation with 

respect to the ’894 annealing claims, 

and thereby the investigation in its 

entirety, with a finding of no violation 

of section 337. The reasons for the 

Commission’s determinations are set 

forth more fully in the Commission’s 

accompanying opinion. 

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). 

Issued: December 18, 2018. 

By order of the Commission. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2018–27815 Filed 12–21–18; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

[OMB Number 1121–0352] 

Agency Information Collection 

Activities; Proposed eCollection 

eComments Requested; Extension 

Without Change, of a Previously 

Approved Collection National 

Standards to Prevent, Detect, and 

Respond to Prison Rape (28 CFR part 

115) 

AGENCY: Bureau of Justice Assistance, 

Department of Justice. 

ACTION: 60-Day notice. 

SUMMARY: The Department of Justice 

(DOJ), Office of Justice Programs, 

Bureau of Justice Assistance, 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. 

DATES: Comments are encouraged and 

will be accepted for 60 days until 

February 25, 2019. 

FOR FURTHER INFORMATION CONTACT: If 

you have additional comments on the 

estimated burden to facilities covered by 

the standards to comply with the 

regulation’s reporting requirements, 

suggestions, or need additional 

information, please contact Emily 

Niedzwiecki, Policy Advisor, Bureau of 

Justice Assistance, 810 Seventh Street 

NW, Washington, DC 20531 (phone: 

202–305–9317). 

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: 


amozie on DSK3GDR082PROD with NOTICES1