Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Notices 44385 

ACTION: Institution of investigation 

pursuant to 19 U.S.C. 1337. 

SUMMARY: Notice is hereby given that a 

complaint was filed with the U.S. 

International Trade Commission on July 

28, 2009, under section 337 of the Tariff 

Act of 1930, as amended, 19 U.S.C. 

1337, on behalf of Hexagon Metrology 

AB of Sweden and Hexagon Metrology, 

Inc. of North Kingstown, Rhode Island. 

The complaint alleges violations 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 articulated coordinate measuring 

arms and components thereof by reason 

of infringement of certain claims of U.S. 

Patent No. 5,829,148. The complaint 

further alleges that an industry in the 

United States exists as required by 

subsection (a)(2) of section 337. 

The complainants request that the 

Commission institute an investigation 

and, after the investigation, issue an 

exclusion order and a cease and desist 

order. 

ADDRESSES: The complaint, except for 

any confidential information contained 

therein, is 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., Room 

112, Washington, DC 20436, telephone 

202–205–2000. Hearing impaired 

individuals are advised that information 

on this matter can be obtained by 

contacting the Commission’s TDD 

terminal on 202–205–1810. Persons 

with mobility impairments who will 

need special assistance in gaining access 

to the Commission should contact the 

Office of the Secretary at 202–205–2000. 

General information concerning the 

Commission may also be obtained by 

accessing its internet server at http:// 

www.usitc.gov. The public record for 

this investigation may be viewed on the 

Commission’s electronic docket (EDIS) 

at http://edis.usitc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Mareesa A. Frederick Esq., Office of 

Unfair Import Investigations, U.S. 

International Trade Commission, 

telephone (202) 205–2055. 

Authority: The authority for institution of 

this investigation is contained in section 337 

of the Tariff Act of 1930, as amended, and 

in section 210.10 of the Commission’s Rules 

of Practice and Procedure, 19 CFR 210.10 

(2009). 

Scope of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

August 24, 2009, ordered that— 

(1) Pursuant to subsection (b) of 

section 337 of the Tariff Act of 1930, as 

amended, an investigation be instituted 

to determine whether there is a 

violation of subsection (a)(1)(B) of 

section 337 in the importation into the 

United States, the sale for importation, 

or the sale within the United States after 

importation of certain articulated 

coordinate measuring arms or 

components thereof that infringe one or 

more of claims 3, 4, 13, and 16 of U.S. 

Patent No. 5,829,148, and whether an 

industry in the United States exists as 

required by subsection (a)(2) of section 

337; 

(2) For the purpose of the 

investigation so instituted, the following 

are hereby named as parties upon which 

this notice of investigation shall be 

served: 

(a) The complainants are— 

Hexagon Metrology AB, Lilla Bantorget 

15, SE–103 59, Stockholm, Sweden, 

Hexagon Metrology, Inc., 250 Circuit 

Drive, North Kingstown, Rhode Island 

02852. 

(b) The respondents are the following 

entities alleged to be in violation of 

section 337, and are the parties upon 

which the complaint is to be served: 

Metris N.V., Interleuvenlann 86, 3001 

Leuven, Belgium, Metris U.S.A., Inc., 

12701 Grand River Avenue, Brighton, 

Michigan 48116, Mitutoyo 

Corporation, 20–1, Sakado 1–Chome, 

Takatsu-ku, Kawasaki-shi, Kanagawa 

213–8533, Japan, Mitutoyo America 

Corporation, 965 Corporate 

Boulevard, Aurora, Illinois 60502. 

(c) The Commission investigative 

attorney, party to this investigation, is 

Mareesa A. Frederick, Esq., Office of 

Unfair Import Investigations, U.S. 

International Trade Commission, 500 E 

Street, SW., Suite 401, Washington, DC 

20436; and 

(3) For the investigation so instituted, 

the Honorable Paul J. Luckern, Chief 

Administrative Law Judge, U.S. 

International Trade Commission, shall 

designate the presiding Administrative 

Law Judge. 

Responses to the complaint and the 

notice of investigation must be 

submitted by the named respondent in 

accordance with section 210.13 of the 

Commission’s Rules of Practice and 

Procedure, 19 CFR 210.13. Pursuant to 

19 CFR 201.16(d) and 210.13(a), such 

responses will be considered by the 

Commission if received not later than 20 

days after the date of service by the 

Commission of the complaint and the 

notice of investigation. Extensions of 

time for submitting responses to the 

complaint and the notice of 

investigation will not be granted unless 

good cause therefor is shown. 

Failure of a respondent to file a timely 

response to each allegation in the 

complaint and in this notice may be 

deemed to constitute a waiver of the 

right to appear and contest the 

allegations of the complaint and this 

notice, and to authorize the 

administrative law judge and the 

Commission, without further notice to 

the respondent, to find the facts to be as 

alleged in the complaint and this notice 

and to enter an initial determination 

and a final determination containing 

such findings, and may result in the 

issuance of an exclusion order or a cease 

and desist order or both directed against 

a respondent. 

Issued: August 25, 2009. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–20812 Filed 8–27–09; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF LABOR 

Proposed Information Collection 

Request of the ETA 227, Overpayment 

Detection and Recovery Activities; 

Comment Request 

AGENCY: Employment and Training 

Administration, Department of Labor. 

ACTION: Notice. 

SUMMARY: The Department of Labor, as 

part of its continuing effort to reduce 

paperwork and respondent burden, 

conducts a preclearance consultation 

program to provide the general public 

and Federal agencies with an 

opportunity to comment on proposed 

and/or continuing collection of 

information in accordance with the 

Paperwork Reduction Act of 1995 

(PRA95) [44 U.S.C. 3506(c)(2)(A)]. This 

program helps to ensure that requested 

data can be provided in the desired 

format, reporting burden (time and 

financial resources) is minimized, 

collection instruments are clearly 

understood, and the impact of collection 

requirements on respondents can be 

properly assessed. 

A copy of the proposed information 

collection request (ICR) can be obtained 

by contacting the office listed below in 

the addressee section of this notice or by 

accessing: http://www.doleta.gov/ 

OMBCN/OMBControlNumber.cfm. 

DATES: Written comments must be 

submitted to the office listed in the 

addressee section below on or before 

October 27, 2009. 

ADDRESSES: Send comments to Nancy 

Dean, U.S. Department of Labor, 

Employment and Training 


hsrobinson on DSK69SOYB1PROD with NOTICES
44386 Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Notices 

Administration, Office of Workforce 

Security, 200 Constitution Avenue, 

NW., Frances Perkins Bldg., Room S– 

4531, Washington, DC 20210, telephone 

number (202)-693–3215 (this is not a 

toll-free number) or by e-mail: 

dean.nancy@dol.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background: Section 303(a)(1) of the 

Social Security Act requires a state’s 

unemployment insurance (UI) law to 

include provisions for: 

‘‘Such methods of administration * * * as 

are found by the Secretary of Labor to be 

reasonably calculated to insure full payment 

of unemployment compensation when due 

* * *’’ 

Section 303(a)(5) of the Social 

Security Act further requires a state’s UI 

law to include provisions for: 

‘‘Expenditure of all money withdrawn from 

an unemployment fund of such State, in the 

payment of unemployment compensation 

* * *’’ 

Section 3304(a)(4) of the Internal 

Revenue Code of 1954 provides that: 

‘‘all money withdrawn from the 

unemployment fund of the State shall be 

used solely in the payment of unemployment 

compensation * * *’’ 

The Secretary of Labor has interpreted 

the above sections of Federal law in 

section 7511, part V, ES Manual to 

further require a State’s UI law to 

include provisions for such methods of 

administration as are, within reason, 

calculated to: (1) Detect benefits paid 

through error by the State Workforce 

Agency (SWA) or through willful 

misrepresentation or error by the 

claimant or others; (2) deter claimants 

from obtaining benefits through willful 

misrepresentation; and (3) recover 

benefits overpaid. The ETA 227 is used 

to determine whether SWAs meet these 

requirements. 

The ETA–227 contains data on the 

number and amounts of fraud and nonfraud overpayments established, the 

methods by which overpayments were 

detected, the amounts and methods by 

which overpayments were collected, the 

amounts of overpayments waived and 

written off, the accounts receivable for 

overpayments outstanding, and data on 

criminal/civil actions. 

These data are gathered by 53 SWAs 

and reported to the Department of Labor 

following the end of each calendar 

quarter. The overall effectiveness of 

SWAs’ UI integrity efforts can be 

determined by examining and analyzing 

the data. These data are also used by 

SWAs as a management tool for 

effective UI program administration. 

II. Review Focus: The Department of 

Labor is particularly interested in 

comments which: 

• 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 

• 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 submissions 

of responses. 

III. Current Actions: The UI program 

paid approximately $42 billion in 

benefits in 2008. Although the 

overpayment rate (fraud and non-fraud) 

derived from the ETA 227 is relatively 

low (less than 3.25 percent), high 

amounts of money are involved, and it 

is in the national interest to maintain 

the program’s integrity. Therefore, we 

are proposing to extend the 

authorization to collect data to measure 

the effectiveness of the benefit payment 

control programs in the SWAs. 

Type of Review: Extension. 

Agency: Employment and Training 

Administration. 

Title: Overpayment Detection and 

Recovery Activities. 

OMB Number: 1205–0173. 

Agency Form Number: ETA 227. 

Affected Public: State Government. 

Total Respondents: 53 State agencies. 

Frequency: Quarterly. 

Total Responses: 212. 

Average Time per Response: 14 hours. 

Estimated Total Burden Hours: 2,968. 

Total Burden Cost (operating/ 

maintaining): $0. 

Comments submitted in response to 

this comment request will be 

summarized and/or included in the 

request for Office of Management and 

Budget approval of the information 

collection request; they will also 

become a matter of public record. 

Dated: This 20th day of August 2009. 

Jane Oates. 

[FR Doc. E9–20779 Filed 8–27–09; 8:45 am] 

P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

147th Meeting of the Advisory Council 

on Employee Welfare and Pension 

Benefit Plans; Notice of Meeting 

Pursuant to the authority contained in 

Section 512 of the Employee Retirement 

Income Security Act of 1974 (ERISA), 29 

U.S.C. 1142, the 147th open meeting of 

the Advisory Council on Employee 

Welfare and Pension Benefit Plans will 

be held on September 15–17, 2009. 

The three-day meeting will take place 

in Room N 3437 A&B, U.S. Department 

of Labor, 200 Constitution Avenue NW., 

Washington, DC 20210. The meeting 

will run from 9 a.m. to approximately 5 

p.m. on September 15 and 16, and from 

8 a.m. to approximately 4 p.m. on 

September 17, with a one hour break for 

lunch each day. The purpose of the 

open meeting is for Council members to 

hear testimony from invited witnesses 

and to receive an update from the 

Employee Benefits Security 

Administration (EBSA). 

The Council will study the following 

issues: (1) Promoting Retirement 

Literacy and Security by Streamlining 

Disclosures to Participants and 

Beneficiaries, (2) Stable Value Funds 

and Retirement Security in the Current 

Economic Conditions, and (3) 

Approaches for Retirement Security in 

the United States. The schedule for 

testimony and discussion of these issues 

generally will be one issue per day in 

the order noted above. Descriptions of 

these topics are available on the 

Advisory Council page of the EBSA Web 

site at http://www.dol.gov/ebsa/ 

aboutebsa/erisa_advisory_council.html. 

The EBSA update is scheduled for 

September 16 at 9 a.m., subject to 

change. 

Organizations or members of the 

public wishing to submit a written 

statement may do so by submitting 30 

copies on or before September 8, 2009 

to Larry Good, Executive Secretary, 

ERISA Advisory Council, U.S. 

Department of Labor, Suite N–5623, 200 

Constitution Avenue, NW., Washington, 

DC 20210. Statements also may be 

submitted as e-mail attachments in text 

or pdf format transmitted to 

good.larry@dol.gov. It is requested that 

statements not be included in the body 

of the e-mail. Relevant statements 

received on or before September 8, 2009 

will be included in the record of the 

meeting. Individuals or representatives 

of organizations wishing to address the 

Advisory Council should forward their 

requests to the Executive Secretary or 


hsrobinson on DSK69SOYB1PROD with NOTICES