38394 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 

1The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR parts 730– 

774 (2009). The violations at issue, which occurred 

in 2003, are governed by the 2003 version of the 

Code of Federal Regulations. 15 CFR parts 730–774 

(2003). The 2009 Regulations govern the procedural 

aspects of this case. 2On May 19, 2009, Micei also filed with BIS a 

Petition To Set Aside Default and Vacate Final 

Decision and Order. On June 26, 2009, Micei filed 

a notice with BIS to withdraw that petition, but did 

not address the Stay Petition it had filed with BIS. 3Micei had previously filed a Notice of Appeal 

to the DC Circuit on May 29, 2009. Micei 

subsequently filed a second Notice of Appeal on 

June 29, 2009, petitioning for review of the Order. 

4This determination does not constitute a finding 

or conclusion that BIS agrees with the assertions or 

evidentiary materials included in Micei’s Stay 

Motion (or Stay Petition). 

species, as well as the interactions 

between them; (3) determine the 

quantity and distribution of net benefits 

derived from living marine resources; 

(4) predict the biological, ecological, 

and economic impacts of existing 

management action and proposed 

management options; and (5) ensure 

that the observer programs can safely 

and efficiently collect the information 

required for the previous four uses. 

In particular, these biological and 

economic data collection programs 

contribute to analyses required under 

the MSA, the Endangered Species Act 

(ESA), the MMPA, the National 

Environmental Policy Act (NEPA), the 

Regulatory Flexibility Act (RFA), 

Executive Order 12866 (EO 12866), as 

well as a variety of state statutes. The 

confidentiality of the data will be 

protected as required by law. 

Affected Public: Business or other forprofit organizations. 

Frequency: On occasion. 

Respondent’s Obligation: Some 

mandatory (e.g., vessel safety checks), 

most voluntary. 

OMB Desk Officer: David Rostker, 

(202) 395–3897. 

Copies of the above information 

collection proposal can be obtained by 

calling or writing Diana Hynek, 

Departmental Paperwork Clearance 

Officer, (202) 482–0266, Department of 

Commerce, Room 7845, 14th and 

Constitution Avenue, NW., Washington, 

DC 20230 (or via the Internet at 

dHynek@doc.gov). 

Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to David Rostker, OMB Desk 

Officer, FAX number (202) 395–7285, or 

David_Rostker@omb.eop.gov. 

Dated: July 28, 2009. 

Gwellnar Banks, 

Management Analyst, Office of the Chief 

Information Officer. 

[FR Doc. E9–18376 Filed 7–31–09; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

[08–BIS–0005] 

Action Affecting Export Privileges; 

Micei International; In the Matter of: 

Micei International, Respondent; Order 

Staying Enforcement of Final Decision 

and Order Pending Appeal 

The Acting Under Secretary of 

Commerce for Industry and Security 

(‘‘Acting Under Secretary’’) issued a 

Final Decision and Order (the ‘‘Order’’) 

in this administrative enforcement 

proceeding against Respondent Micei 

International (‘‘Micei’’) on May 14, 

2009, which was effective upon 

publication in the Federal Register on 

May 26, 2009. 74 FR 24788 (May 26, 

2009). The Order affirmed the 

Administrative Law Judge’s 

Recommended Decision and Order 

finding, in accordance with Section 

766.7 (Default Order) of the Export 

Administration Regulations (the 

‘‘Regulations’’),1 that Micei had waived 

its right to contest the allegations 

contained in the (amended) charging 

letter issued by the Bureau of Industry 

and Security (‘‘BIS’’), and that Micei 

had, as alleged, committed 14 violations 

of the Regulations. The allegations 

involved Micei’s knowing participation 

in seven export transactions using an 

individual subject to a Denial Order as 

an employee or agent to negotiate for 

and purchase items in the United States 

for export from the United States to 

Micei in Macedonia. The Order also 

affirmed the recommended sanctions of 

a civil penalty of $126,000, and a denial 

of Micei’s export privileges for a period 

of five years. 

On May 19, 2009, Micei filed a 

Petition for Immediate Stay of 

Publication and Enforcement of Final 

Decision and Order Pending Outcome of 

Respondent’s Petition To Set Aside 

Default and Vacate Final Decision and 

Order or Alternatively Pending Appeal 

(‘‘Stay Petition’’).2 On June 30, 2009, 

Micei filed a Motion for Stay Pending 

Appeal (‘‘Stay Motion’’) with the United 

States Court of Appeals for the District 

of Columbia Circuit (‘‘D.C. Circuit’’), 

seeking a stay of the Order pending 

appeal.3

In its June 30 filing with the DC 

Circuit, Micei made a number of 

assertions and presented documentary 

materials that were not part of the Stay 

Petition it had filed with BIS. BIS is 

continuing to evaluate and investigate 

questions surrounding the accuracy and 

foundation of those assertions, but 

nonetheless does not wish further delay 

in addressing and resolving the merits 

of Micei’s petition for review. In 

addition, Micei has recently hired new 

U.S-based counsel and there are some 

indications that Micei may be prepared 

to more meaningfully engage on the 

issues. 

Based on the circumstances here, I 

have decided, in performing duties 

delegated to me by the Acting Under 

Secretary, to stay enforcement of the 

Order pending resolution of the DC 

Circuit appeal.4

Accordingly, it is hereby ordered that 

enforcement of the Final Decision and 

Order against Micei International, dated 

May 14, 2009, and effective on May 26, 

2009, is henceforth stayed pending 

resolution of the petition for review 

currently before the United States Court 

of Appeals for the District of Columbia 

Circuit. 

This Order is effective immediately 

and shall be published in the Federal 

Register. 

Dated: July 24, 2009. 

Gay Shrum, 

Acting Deputy Under Secretary of Commerce 

for Industry and Security. 

[FR Doc. E9–18428 Filed 7–31–09; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

Submission for OMB Review; 

Comment Request 

The United States Patent and 

Trademark Office (USPTO) will submit 

to the Office of Management and Budget 

(OMB) for clearance the following 

proposal for collection of information 

under the provisions of the Paperwork 

Reduction Act (44 U.S.C. Chapter 35). 

Agency: United States Patent and 

Trademark Office (USPTO). 

Title: Trademark Petitions. 

Form Number(s): None. 

Agency Approval Number: 0651– 

00xx. 

Type of Request: New collection. 

Burden: 862 hours. 

Number of Respondents: 953 

responses. 

Avg. Hours per Response: 30 minutes 

(0.50 hours) to one hour. This includes 

time to gather the necessary 

information, create the documents, and 

submit the completed request to the 

USPTO. 

Needs and Uses: The information 

described in this collection is used by 

the public for a variety of private 


sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 38395 

business purposes related to 

establishing and enforcing trademark 

rights. Information relating to the 

registration of a trademark is made 

publicly available by the USPTO. The 

release of information in a letter of 

protest is controlled and may be 

available upon request only. 

Affected Public: Business or other forprofit; not-for-profit institutions. 

Frequency: On occasion. 

Respondent’s Obligation: Voluntary. 

OMB Desk Officer: Nicholas A. Fraser, 

e-mail: 

Nicholas_A._Fraser@omb.eop.gov. 

Once submitted, the request will be 

publically available in electronic format 

through the Information Collection 

Review page at http://www.reginfo.gov. 

Paper copies can be obtained by: 

• E-mail: Susan.Fawcett@uspto.gov. 

Include ‘‘0651–0060 National Medal of 

Technology and Innovation Nomination 

Application copy request’’ in the subject 

line of the message. 

• Fax: 571–273–0112, marked to the 

attention of Susan K. Fawcett. 

• Mail: Susan K. Fawcett, Records 

Officer, Office of the Chief Information 

Officer, Administrative Management 

Group, U.S. Patent and Trademark 

Office, P.O. Box 1450, Alexandria, VA 

22313–1450. 

Written comments and 

recommendations for the proposed 

information collection should be sent on 

or before September 2, 2009 to Nicholas 

A. Fraser, OMB Desk Officer, via e-mail 

at Nicholas_A._Fraser@omb.eop.gov or 

by fax to 202–395–5167, marked to the 

attention of Nicholas A. Fraser. 

Susan K. Fawcett, 

Records Officer, USPTO, Office of the Chief 

Information Officer, Administrative 

Management Group. 

[FR Doc. E9–18357 Filed 7–31–09; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–939] 

Certain Tow Behind Lawn Groomers 

and Certain Parts Thereof from the 

People’s Republic of China: 

Antidumping Duty Order 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: Based on affirmative final 

determinations by the Department of 

Commerce (the Department) and the 

International Trade Commission 

(‘‘ITC’’), the Department is issuing an 

antidumping duty order on certain tow 

behind lawn groomers and certain parts 

thereof (lawn groomers) from the 

People’s Republic of China (‘‘PRC’’). 

EFFECTIVE DATE: August 3, 2009 

FOR FURTHER INFORMATION CONTACT: 

Karine Gziryan, Thomas Martin or 

Zhulieta Willbrand, AD/CVD 

Operations, Office 4, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–4081, (202) 482– 

3936, and (202) 482–3147 respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

In accordance with sections 735(d) 

and 777(i)(1) of the Tariff Act of 1930, 

as amended (‘‘the Act’’), on March 31, 

2009, the Department published in the 

Federal Register its final determination 

in the instant investigation. See Certain 

Tow Behind Lawn Groomers and 

Certain Parts Thereof from the People’s 

Republic of China: Final Determination 

of Sales at Less Than Fair Value, 74 FR 

29167 (June 19, 2009). 

On July 27, 2009, the ITC notified the 

Department of its final determination, 

pursuant to section 705(b)(1)(A)(i) of the 

Act, that an industry in the United 

States is materially injured by reason of 

subsidized imports of subject 

merchandise from the PRC. See Tow– 

Behind Lawn Groomers From China, 

Investigation Nos. 701–TA–457 and 

731–TA–1153 (Final), USITC 

Publication 4090 (July 2009). 

Scope of the Order 

The scope of this order covers certain 

non–motorized tow behind lawn 

groomers, manufactured from any 

material, and certain parts thereof. Lawn 

groomers are defined as lawn sweepers, 

aerators, dethatchers, and spreaders. 

Unless specifically excluded, lawn 

groomers that are designed to perform at 

least one of the functions listed above 

are included in the scope of this order, 

even if the lawn groomer is designed to 

perform additional non–subject 

functions (e.g., mowing). 

All lawn groomers are designed to 

incorporate a hitch, of any 

configuration, which allows the product 

to be towed behind a vehicle. Lawn 

groomers that are designed to 

incorporate both a hitch and a push 

handle, of any type, are also covered by 

the scope of this order. The hitch and 

handle may be permanently attached or 

removable, and they may be attached on 

opposite sides or on the same side of the 

lawn groomer. Lawn groomers designed 

to incorporate a hitch, but where the 

hitch is not attached to the lawn 

groomer, are also included in the scope 

of the order. 

Lawn sweepers consist of a frame, as 

well as a series of brushes attached to 

an axle or shaft which allows the 

brushing component to rotate. Lawn 

sweepers also include a container 

(which is a receptacle into which debris 

swept from the lawn or turf is 

deposited) supported by the frame. 

Aerators consist of a frame, as well as 

an aerating component that is attached 

to an axle or shaft which allows the 

aerating component to rotate. The 

aerating component is made up of a set 

of knives fixed to a plate (known as a 

‘‘plug aerator’’), a series of discs with 

protruding spikes (a ‘‘spike aerator’’), or 

any other configuration, that are 

designed to create holes or cavities in a 

lawn or turf surface. Dethatchers consist 

of a frame, as well as a series of tines 

designed to remove material (e.g., dead 

grass or leaves) or other debris from the 

lawn or turf. The dethatcher tines are 

attached to and suspended from the 

frame. Lawn spreaders consist of a 

frame, as well as a hopper (i.e., a 

container of any size, shape, or material) 

that holds a media to be spread on the 

lawn or turf. The media can be 

distributed by means of a rotating 

spreader plate that broadcasts the media 

(‘‘broadcast spreader’’), a rotating 

agitator that allows the media to be 

released at a consistent rate (‘‘drop 

spreader’’), or any other configuration. 

Lawn dethatchers with a net fully– 

assembled weight (i.e., without packing, 

additional weights, or accessories) of 

100 pounds or less are covered by the 

scope of the order. Other lawn groomers 

sweepers, aerators, and spreaders with a 

net fully–assembled weight (i.e., 

without packing, additional weights, or 

accessories) of 200 pounds or less are 

covered by the scope of the order. 

Also included in the scope of the 

order are modular units, consisting of a 

chassis that is designed to incorporate a 

hitch, where the hitch may or may not 

be included, which allows modules that 

perform sweeping, aerating, 

dethatching, or spreading operations to 

be interchanged. Modular units when 

imported with one or more lawn 

grooming modules with a fully 

assembled net weight (i.e., without 

packing, additional weights, or 

accessories) of 200 pounds or less when 

including a single module, are included 

in the scope of the order. Modular unit 

chasses, imported without a lawn 

grooming module and with a fully 

assembled net weight (i.e., without 

packing, additional weights, or 

accessories) of 125 pounds or less, are 

also covered by the scope of the order. 

When imported separately, modules 


sroberts on DSKD5P82C1PROD with NOTICES