Federal Register / Vol. 79, No. 114 / Friday, June 13, 2014 / Notices 33951 

Commission has determined to issue a 

civil penalty order in the amount of 

$6,242,500 directed against respondents 

DeLorme Publishing Company, Inc. and 

DeLorme InReach LLC (collectively, 

‘‘DeLorme’’), both of Yarmouth, Maine, 

for a violation of the April 5, 2013, 

consent order (‘‘the Consent Order’’). 

FOR FURTHER INFORMATION CONTACT: 

Clint Gerdine, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW., 

Washington, DC 20436, telephone (202) 

708–2310. 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 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. 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: The 

Commission instituted this enforcement 

proceeding on May 24, 2013, based on 

an enforcement complaint filed on 

behalf of BriarTek IP, Inc. (‘‘BriarTek’’) 

of Alexandria, Virginia. 78 FR 31576– 

77. The complaint alleged violations of 

the Consent Order issued in the 

underlying investigation by the 

continued practice of prohibited 

activities such as selling or offering for 

sale within the United States after 

importation accused two-way global 

satellite communication devices, 

system, or components thereof that 

infringe one or more of claims 1, 2, 5, 

10–12, and 34 of U.S. Patent No. 

7,991,380 (‘‘the ’380 patent’’). The 

Commission’s notice of institution of 

enforcement proceeding named 

DeLorme as respondents. 78 FR 31577. 

The Office of Unfair Import 

Investigations was also named as a 

party. Id. Claims 5, 11–12, and 34 have 

been terminated from the enforcement 

proceeding. 

On March 7, 2014, the presiding 

administrative law judge (‘‘ALJ’’) issued 

an enforcement initial determination 

(‘‘EID’’) finding a violation of the 

Consent Order. The ALJ concluded that, 

after issuance of the consent order, 

DeLorme has sold or offered for sale 

within the United States after 

importation accused InReach 1.5 

devices that infringe, via inducement, 

claims 1 and 2 of the ’380 patent. The 

ALJ also found no induced infringement 

and therefore no violation of the 

Consent Order with respect to accused 

InReach SE devices. The ALJ also found 

no induced infringement and therefore 

no violation of the Consent Order with 

respect to any accused InReach devices 

sold before, and activated after, the 

effective date of the Consent Order. The 

ALJ also recommended a civil penalty of 

$637,500 against DeLorme as an 

enforcement measure for the violation. 

On March 20, 2014, BriarTek, DeLorme, 

and the Commission investigative 

attorney (‘‘IA’’) each filed a petition for 

review of the EID. On March 27, 2014, 

BriarTek, DeLorme, and the IA each 

filed a response to opposing petitions. 

On April 23, 2014, the Commission 

issued notice of its determination to 

review the EID in part, and on review, 

the Commission determined to reversein-part and vacate-in-part the EID’s 

findings. Specifically, the Commission 

determined not to review the ALJ’s 

finding of a violation of the Consent 

Order with respect to the infringing 

InReach 1.5 devices. The Commission 

also determined to reverse the ALJ’s 

finding of no induced infringement and 

no violation of the Consent Order with 

respect to accused InReach SE devices, 

which resulted in a finding of a 

violation of the Consent Order with 

respect to these InReach devices. The 

Commission also determined to reverse 

the ALJ’s finding of no induced 

infringement with respect to accused 

InReach devices that were sold before, 

and activated after, the effective date of 

the Consent Order. This action did not 

change the ALJ’s finding of no violation 

with respect to these InReach devices 

sold before, and activated after, the 

effective date of the Consent Order. The 

Commission further determined to 

vacate the portion of the ALJ’s analysis 

that relied on Akamai Techs., Inc. v. 

Limelight Networks, Inc., 692 F.3d 1301, 

1305 (Fed. Cir. 2012) (en banc), cert. 

granted, Limelight Networks, Inc. v. 

Akamai Techs., Inc., 134 S. Ct. 895 

(2014), to find direct infringement of 

claims 1 and 2 of the ’380 patent 

through ‘‘use’’ of the claimed system by 

an end user. The Commission also 

determined to vacate the portion of the 

ALJ’s analysis concerning specific intent 

for induced infringement of these claims 

based on Akamai. See EID at 85–86, 92. 

The Commission also requested the 

parties to provide briefing on the 

amount of the civil penalty to be 

imposed and on the public interest. On 

April 30, 2014, BriarTek, DeLorme, and 

the IA each filed a brief responding to 

the Commission’s request for written 

submissions. On May 7, 2014, the 

parties filed reply briefs. 

Having examined the record in this 

enforcement proceeding, including the 

EID and the parties’ submissions, the 

Commission has determined to impose 

a civil penalty of $6,242,500 on 

DeLorme for violation of the Consent 

Order on 227 separate days. 

The Commission has terminated the 

enforcement proceeding. 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: June 9, 2014. 

Lisa R. Barton, 

Secretary to the Commission. 

[FR Doc. 2014–13828 Filed 6–12–14; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; Respirator 

Program Records 

ACTION: Notice. 

SUMMARY: The Department of Labor 

(DOL) is submitting the Mine Safety and 

Health Administration (MSHA) 

sponsored information collection 

request (ICR) titled, ‘‘Respirator Program 

Records,’’ to the Office of Management 

and Budget (OMB) for review and 

approval for continued use, without 

change, in accordance with the 

Paperwork Reduction Act of 1995 

(PRA), 44 U.S.C. 3501 et seq. Public 

comments on the ICR are invited. 

DATES: The OMB will consider all 

written comments that agency receives 

on or before July 14, 2014. 

ADDRESSES: A copy of this ICR with 

applicable supporting documentation; 

including a description of the likely 

respondents, proposed frequency of 

response, and estimated total burden 

may be obtained free of charge from the 

RegInfo.gov Web site at http://

www.reginfo.201311-1219-003gov/

public/do/PRAViewICR?ref_

nbr=201311-1219-003 (this link will 

only become active on the day following 

publication of this notice) or by 

contacting Michel Smyth by telephone 

at 202–693–4129, TTY 202–693–8064, 

(these are not toll-free numbers) or by 

email at DOL_PRA_PUBLIC@dol.gov. 

mstockstill on DSK4VPTVN1PROD with NOTICES

33952 Federal Register / Vol. 79, No. 114 / Friday, June 13, 2014 / Notices 

Submit comments about this request 

by mail or courier to the Office of 

Information and Regulatory Affairs, 

Attn: OMB Desk Officer for DOL– 

MSHA, Office of Management and 

Budget, Room 10235, 725 17th Street 

NW., Washington, DC 20503; by Fax: 

202–395–6881 (this is not a toll-free 

number); or by email: OIRA_

submission@omb.eop.gov. Commenters 

are encouraged, but not required, to 

send a courtesy copy of any comments 

by mail or courier to the U.S. 

Department of Labor-OASAM, Office of 

the Chief Information Officer, Attn: 

Departmental Information Compliance 

Management Program, Room N1301, 

200 Constitution Avenue NW., 

Washington, DC 20210; or by email: 

DOL_PRA_PUBLIC@dol.gov. 

FOR FURTHER INFORMATION CONTACT: 

Contact Michel Smyth by telephone at 

202–693–4129, TTY 202–693–8064, 

(these are not toll-free numbers) or by 

email at DOL_PRA_PUBLIC@dol.gov. 

SUPPLEMENTARY INFORMATION: This ICR 

seeks to extend PRA authority for the 

Respirator Program Records information 

collection requirements contained in 

regulations 30 CFR 56.5005 and 57– 

5005, which provide that, generally, 

whenever respiratory equipment is 

used, the metal or nonmetal mine 

operator must institute a respirator 

program governing selection, 

maintenance, training, fitting, 

supervision, cleaning, and use of 

respirators. These regulations seek to 

control miner exposure to harmful 

airborne contaminants by using 

engineering controls to prevent 

contamination and to vent or to dilute 

any contaminated air. The regulations 

include information collections related 

to the development of a respirator 

program that addresses the selection, 

use, and care of respirators; fit-testing 

records used to ensure that a respirator 

worn by an individual is the same 

brand, model, and size respirator that 

was worn when that individual 

successfully passed a fit-test; and 

records kept of inspection dates and 

findings for respirators maintained for 

emergency use. The mine operator uses 

the information to issue proper 

respiratory protection to miners when 

feasible engineering and/or 

administrative controls do not reduce 

miners’ exposures to permissible levels. 

The MSHA uses the information to 

determine compliance with the 

standard. Mine Safety and Health Act of 

1977 section 103(h) authorizes this 

information collection. See 30 U.S.C. 

103(h). 

This information collection is subject 

to the PRA. A Federal agency generally 

cannot conduct or sponsor a collection 

of information, and the public is 

generally not required to respond to an 

information collection, unless it is 

approved by the OMB under the PRA 

and displays a currently valid OMB 

Control Number. In addition, 

notwithstanding any other provisions of 

law, no person shall generally be subject 

to penalty for failing to comply with a 

collection of information that does not 

display a valid Control Number. See 5 

CFR 1320.5(a) and 1320.6. The DOL 

obtains OMB approval for this 

information collection under Control 

Number 1219–0048. 

OMB authorization for an ICR cannot 

be for more than three (3) years without 

renewal, and the current approval for 

this collection is scheduled to expire on 

July 31, 2014. The DOL seeks to extend 

PRA authorization for this information 

collection for three (3) more years, 

without any change to existing 

requirements. The DOL notes that 

existing information collection 

requirements submitted to the OMB 

receive a month-to-month extension 

while they undergo review. For 

additional substantive information 

about this ICR, see the related notice 

published in the Federal Register on 

February 27, 2014 (79 FR 11128). 

Interested parties are encouraged to 

send comments to the OMB, Office of 

Information and Regulatory Affairs at 

the address shown in the ADDRESSES 

section within 30 days of publication of 

this notice in the Federal Register. In 

order to help ensure appropriate 

consideration, comments should 

mention OMB Control Number 1219– 

0048. The OMB is particularly 

interested in comments that: 

• 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 submission of 

responses. 

Agency: DOL–MSHA. 

Title of Collection: Respirator Program 

Records. 

OMB Control Number: 1219–0048. 

Affected Public: Private Sector— 

businesses or other for-profits. 

Total Estimated Number of 

Respondents: 300. 

Total Estimated Number of 

Responses: 5,400. 

Total Estimated Annual Time Burden: 

3,074 hours. 

Total Estimated Annual Other Costs 

Burden: $90,000. 

Authority: 44 U.S.C. 3507(a)(1)(D). 

Dated: June 9, 2014. 

Michel Smyth, 

Departmental Clearance Officer. 

[FR Doc. 2014–13873 Filed 6–12–14; 8:45 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; Claim for 

Continuance of Compensation 

ACTION: Notice. 

SUMMARY: The Department of Labor 

(DOL) is submitting the Office of 

Workers’ Compensation Programs 

sponsored information collection 

request (ICR) revision titled, ‘‘Claim for 

Continuance of Compensation,’’ to the 

Office of Management and Budget 

(OMB) for review and approval for use 

in accordance with the Paperwork 

Reduction Act (PRA) of 1995 (44 U.S.C. 

3501 et seq.). Public comments on the 

ICR are invited. 

DATES: The OMB will consider all 

written comments that agency receives 

on or before July 14, 2014. 

ADDRESSES: A copy of this ICR with 

applicable supporting documentation; 

including a description of the likely 

respondents, proposed frequency of 

response, and estimated total burden 

may be obtained free of charge from the 

RegInfo.gov Web site at http://

www.reginfo.gov/public/do/

PRAViewICR?ref_nbr=201402-1240-001 

(this link will only become active on the 

day following publication of this notice) 

or by contacting Michel Smyth by 

telephone at 202–693–4129, TTY 202– 

693–8064, (these are not toll-free 

numbers) or sending an email to DOL_

PRA_PUBLIC@dol.gov. 

Submit comments about this request 

by mail or courier to the Office of 

Information and Regulatory Affairs, 

Attn: OMB Desk Officer for DOL– 

OWCP, Office of Management and 

mstockstill on DSK4VPTVN1PROD with NOTICES