44292 Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / Notices

Thus, the Commission determined that,

by virtue of its ownership of the ‘039

patent and its licensing of significant

domestic activities practicing that

patent, Zond is part of the domestic

industry. The Commission also

determined that further proceedings are

not necessary to resolve any factual

issues presented by the question posed

by the Court on remand, and to deny

respondents’ motion to show cause and

their petition to rescind the limited

exclusion order. The Commission will

issue an opinion shortly concerning

these issues.

FOR FURTHER INFORMATION CONTACT: Jay

H. Reiziss, Esq., Office of the

GeneralCounsel, U.S. International

Trade Commission, telephone 202–205–

3116.

SUPPLEMENTARY INFORMATION: This

patent-based section 337 investigation

was conducted by the Commission in

1995 and 1996 based on a complaint

filed by Kenetech Windpower, Inc., of

Livermore, California (‘‘Kenetech’’) to

determine whether there was a violation

of section 337 in the importation, sale

for importation, and/or the sale within

the United States after importation, of

certain variable speed wind turbines

and components thereof by reason of

infringement of claim 131 of U.S. Letters

Patent 5,083,039 (‘‘the ‘039 patent’’) and

claim 51 of U.S. Letters Patent 5,225,712

(‘‘the ‘712 patent’’), both owned by

Kenetech. Enercon GmbH of Aurich,

Germany (‘‘Enercon’’) and The New

World Power Corporation of Lime Rock,

Connecticut were named as respondents

(collectively ‘‘respondents’’). The

Commission found a violation of section

337 had occurred and issued a limited

exclusion order. Because Kenetech had

filed for bankruptcy under Chapter 11 of

theU.S. Bankruptcy Act by the time the

exclusion order was issued, and had by

then ceased manufacturing wind

turbines, the Commission required

Kenetech to submit quarterly reports

detailing its domestic activities

exploiting the ‘039 patent.

After the President declined to

disapprove the Commission’s

determination, Enercon appealed to the

Federal Circuit. Subsequently, in its

March 31, 1997, quarterly report,

Kenetech informed the Commission that

it had sold the ‘039 patent to Zond

Energy Systems, Incorporated (‘‘Zond’’).

That quarterly report states that

Kenetech continues to exploit the ‘039

patent, apparently under license from

Zond.

Before any briefs were submitted in

the appeal, but after the time for filing

a motion to intervene had expired, Zond

moved to intervene, asserting that it had

standing to intervene based on its

ownership of the patent in issue.

Enercon opposed Zond’s intervention,

arguing that Zond must first show that

it qualifies as a domestic industry under

section 337 in order to enter an

appearance in the appeal, and that Zond

had failed to show it had the requisite

standing to participate in the appeal. On

April 24, 1997, the Federal Circuit

issued an order remanding the case to

the Commission for the Commission to

determine in the first instance: (1)

‘‘whether Zond should be substituted

for Kenetech;’’ and (2) ‘‘whether Zond

qualifies as a domestic industry.’’

The Commission reopened this

investigation, reinstated the protective

order issued in this investigation, and

requested comments from the parties’

counsel on the questions posed by the

Federal Circuit remand. On June 12,

1997, Zond filed a motion to intervene

in this investigation. On July 8, 1997,

the Commission issued an order

permitting Zond to intervene in the

remand proceeding as a co-complainant.

Zond’s motion effectively presented the

Commission with the same issue posed

by the Federal Circuit’s first remand

question. The Commission has

concluded that its decision on the

motion to intervene is equally

applicable to the first remand issue.

Thus, in response to the first of the

Federal Circuit’s remand questions, the

Commission has determined that, rather

than substituting Zond for Kenetech,

Zond should be permitted to intervene

as a co-complainant. See Order Granting

Motion to Intervene of Patent Owner

Zond Energy Systems, Inc. (July 8,

1997).

On June 16, 1997, respondents and

the Commission investigative attorney

(‘‘IA’’) filed comments on the remand

issues, and on June 23, 1997, all parties

filed reply comments.

On June 27, 1997, respondents filed a

motion for an order to show cause why

the law firm of Howrey & Simon should

not be deemed continuing counsel to

Kenetech. Howrey & Simon and the IA

subsequently responded to that motion.

On July 9, 1997, Howrey & Simon filed

a notice of withdrawal as counsel to

Kenetech.

On July 2, 1997, respondents filed a

petition under Commission rule

210.76(a)(2) seeking rescission of the

exclusion order issued by the

Commission on August 30, 1996. Both

Zond and the IA filed responses in

opposition to that petition.

Copies of the Commission’s order, the

public version of the opinion in support

of that order and all other

nonconfidential 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, D.C. 20436,

telephone 202–205–2000. Hearingimpaired persons are advised that

information on this matter can be

obtained by contacting the

Commission’s TDD terminal on 202–

205–1810.

This action is taken under the

authority of section 337 of the Tariff Act

of 1930, as amended (19 U.S.C. § 1337),

and section 210.76 of the Commission’s

Rules of Practice and Procedure (19

C.F.R. § 210.76).

Issued: August 11, 1997.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 97–22052 Filed 8–19–97; 8:45 am]

BILLING CODE 7020–02–P

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 1859–97]

Form Numbers for American Indian

and Northern Marianas Cards

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Notice.

SUMMARY: In September 1997, the

Immigration and Naturalization Service

(INS or Service) will begin producing

two versions of identification cards with

new designs and form numbers. The

new cards are Form I–872, the American

Indian Card, for United States citizens

who are members of the Texas Band of

the Kickapoo Indian Tribe, as identified

in Pub. L. 97–429, and Form I–873, the

Northern Marianas Card, for United

States citizens from the Commonwealth

of the Northern Marianas, as identified

in Public Law 94–241 or by Presidential

Proclamation 5564. The card design

changes are being implemented using

the latest security technology in order to

reduce the risk of fraud.

EFFECTIVE DATE: September 1, 1997.

FOR FURTHER INFORMATION CONTACT:

Geoff Verderosa, Immigration and

Naturalization Service, Benefits

Division, Residence and Status Services,

425 I Street NW., Room 3214,

Washington, DC 20536, Telephone 202–

514–3156.
Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / Notices 44293

SUPPLEMENTARY INFORMATION:

What Are the Two New Cards Being

Produced in September 1997?

In September 1997, the Service will

begin producing two newly designed

cards for specific categories of citizens

identified in Pub. L. or Presidential

Proclamation. The new cards are the

American Indian Card for members of

the Texas Band of the Kickapoo Indian

Tribe and the Northern Marianas Card

for the United States citizens from the

Commonwealth of the Northern

Marianas Islands. The Service will stop

producing the current versions of the

citizen identification cards for the

Kickapoo Indian Tribe and Northern

Marianas Islanders.

Will the New Cards Appear Different

From the Current Cards?

The new American Indian and

Northern Marianas citizen cards will

have a different appearance than the

current cards. The Service will inform

affected parties of this change by

initiating a public information campaign

in September 1997.

Will There Be a Change in the Filing

Procedures To Apply for These Cards?

No. Kickapoo Tribe members and

Northern Marianas Islanders should

continue to follow the instructions on

the respective application forms when

filing for replacement of their citizen

identification card.

Will My Current American Indian Card

or Northern Marianas Card Remain

Valid?

Yes. New cards will be issued using

ICPS technology, but the validity of

current American Indian and Northern

Marianas Cards are unaffected by this

change.

How Will My New American Indian or

Northern Marianas Card Be Delivered?

The cards will continue to be mailed

and delivered by the U.S. Postal Service.

Dated: August 13, 1997.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 97–22021 Filed 8–19–97; 8:45 am]

BILLING CODE 4410–10–M

MERIT SYSTEMS PROTECTION

BOARD

Privacy Act of 1974; Proposed New

System of Records

AGENCY: Merit Systems Protection

Board.

ACTION: Correction; Privacy Act of 1974;

Proposed New System of Records

Notice.

SUMMARY: As required by The Privacy

Act of 1974, the Merit Systems

Protection Board published a notice in

the Federal Register on Monday, August

4, 1997 (62 FR 41978) proposing to

establish a new system of records

entitled Workload and Assignment

Tracking System. This notice corrects

the wording of MSPB/INTERNAL–5,

system of records notice as follows:

CATEGORIES OF RECORDS IN THE SYSTEM:

* * * * *

b. Information concerning the nature

of the assigned task, the dates of

assignment, required completion and

actual completion. The system may also

contain notes and comments pertaining

to the assignment.

PURPOSE:

These records are used for internal

assignment and tracking of workload

and may also be used to monitor

assignments to MSPB employees.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSE OF SUCH USES:

a. To the General Accounting Office

in response to an official inquiry or

investigation;

RETENTION AND DISPOSAL:

Electronic records in this system may

be maintained for a period of five years,

and then transferred to magnetic tape

and maintained indefinitely, or until the

Board no longer needs them.

FOR FURTHER INFORMATION CONTACT:

Michael H. Hoxie, Office of the Clerk

of the Board, 202–653–7200.

Dated: August 14, 1997.

Robert E. Taylor,

Clerk of the Board.

[FR Doc. 97–22008 Filed 8–19–97; 8:45 am]

BILLING CODE 7400–01

NATIONAL FOUNDATION ON THE

ARTS AND THE HUMANITIES

Meetings of Humanities Panel

AGENCY: National Endowment for the

Humanities.

ACTION: Notice of meetings.

SUMMARY: Pursuant to the provisions of

the Federal Advisory Committee Act

(Pub. L. 92–463, as amended), notice is

hereby given that the following

meetings of the Humanities Panel will

be held at the Old Post Office, 1100

Pennsylvania Avenue, N.W.,

Washington, D.C. 20506.

FOR FURTHER INFORMATION CONTACT:

Nancy E. Weiss, Advisory Committee

Management Officer, National

Endowment for the Humanities,

Washington, D.C. 20506; telephone

(202) 606–8322. Hearing-impaired

individuals are advised that information

on this matter may be obtained by

contacting the Endowment’s TDD

terminal on (202) 606–8282.

SUPPLEMENTARY INFORMATION: The

proposed meetings are for the purpose

of panel review, discussion, evaluation

and recommendation on applications

for financial assistance under the

National Foundation on the Arts and the

Humanities Act of 1965, as amended,

including discussion of information

given in confidence to the agency by the

grant applicants. Because the proposed

meetings will consider information that

is likely to disclose: (1) Trade secrets

and commercial or financial information

obtained from a person and privileged

or confidential; or (2) information of a

personal nature the disclosure of which

would constitute a clearly unwarranted

invasion of personal privacy, pursuant

to authority granted me by the

Chairman’s Delegation of Authority to

Close Advisory Committee meetings,

dated July 19, 1993, I have determined

that this meeting will be closed to the

public pursuant to subsections (c)(4),

and (6) of section 552b of Title 5, United

States Code.

1. Date: September 22, 1997.

Time: 9:00 a.m. to 5:30 p.m.

Room: 415.

Program: This meeting will review

applications for Humanities Radio

Programming in Radio Projects,

submitted to the Division of Public

Programs for projects at the August

18, 1997 deadline.

2. Date: September 26, 1997.

Time: 9:00 a.m. to 5:30 p.m.

Room: 415.

Program: This meeting will review

applications for Humanities Radio

Programming in Radio Projects,

submitted to the Division of Public

Programs for projects at the August

18, 1997 deadline.

Michael S. Shapiro,

General Counsel.

[FR Doc. 97–22038 Filed 8–19–97; 8:45 am]

BILLING CODE 7536–01–M