Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Notices 28863 

(c) Proposed Approach to Acquisition 

of Necessary Property Rights: Specify 

plans for acquiring title to or the right 

to occupy and use all lands necessary 

for the proposed development, 

including such additional lands as may 

be required during construction. 

Address lands necessary for electrical 

distribution lines, access roads, and all 

aspects of project development and 

operation and maintenance. 

(d) Long-Term Operation and 

Maintenance: Provide a description 

(with relevant references) of the project 

proponent’s experience in operation and 

maintenance of hydroelectric or similar 

facilities once they are operational and 

over the long-term (i.e., the 40-year lease 

contemplated for the proposed 

development). Identify the 

organizational structure and plan for the 

long-term operation and maintenance of 

the proposed development. Define how 

the proposed development would 

operate in harmony with the NUMC 

system. 

(e) Contractual Arrangements: 

Describe any anticipated contractual 

arrangements with project stakeholders 

of the Deschutes Project, including 

contractual arrangements to utilize 

water rights held by NUID. Define how 

the proposed development would 

operate in harmony with the NUMC 

system. 

(f) Management Plan: Provide a 

management plan to accomplish such 

activities as planning, NEPA 

compliance, LOPP development, design, 

construction, facility testing, start-up of 

hydropower production, and 

preparation of an Emergency Action 

Plan. Prepare schedules of these 

activities as applicable. Describe what 

studies are necessary to accomplish the 

hydroelectric power development and 

how the studies would be implemented. 

(g) Environmental Impact: Discuss 

potential significant adverse impacts 

from the proposed development on 

biophysical or sociocultural resource 

parameters. Of particular concern are 

potential impacts on any protected 

aquatic or terrestrial wildlife species or 

associated protected habitat. Other 

concerns may include, but are not 

limited to, the impact on land use 

adjacent to the proposed development, 

recreation at the surrounding areas, 

cultural resources, and Indian Trust 

assets. Provide information on the types 

and severity of expected impacts and 

proposed methods of resolving or 

mitigating these impacts. 

Describe potential beneficial impacts 

that may be expected from the 

development to include such 

perspectives as energy conservation or 

using available water resources in the 

public interest. 

Describe proposed studies to 

adequately define the extent of the 

adverse and beneficial impacts, 

potential severity, and potential 

alternatives to mitigate impacts. 

(h) Other Study and/or Permit 

Requirements: Describe planned 

response to other applicable regulatory 

requirements, including the National 

Historic Preservation Act, Clean Water 

Act, Endangered Species Act, and state 

and local laws and licensing 

requirements. Also describe any known 

potential for impact on lands or 

resources of American Indian tribes, 

including trust resources. 

(i) Project Development Costs and 

Economic Analysis: Estimate the costs 

of development, including the cost of 

studies to determine feasibility, 

environmental compliance, project 

design, construction, financing, and the 

amortized annual cost of the 

investment. Estimate annual operation 

and maintenance, replacement 

expenses, annual payments to the 

United States, and those potentially 

associated with the Deschutes Project. 

Estimate costs associated with any 

anticipated additional transmission or 

wheeling services. Identify proposed 

methods of financing the project. The 

anticipated return on investment should 

be estimated and an economic analysis 

should be presented that compares the 

present worth of all benefits and the 

costs of the project. 

(j) Performance Guarantee and 

Assumption of Liability: Describe plans 

for (1) providing the government with 

performance bonds or irrevocable letter 

of credit covering completion of the 

proposed project, (2) assuming liability 

for damage to the operational and 

structural integrity of the NUMC or 

other aspects of the Deschutes Project 

caused by construction, operations and/ 

or maintenance of the hydropower 

development, and (3) obtaining general 

liability insurance. 

(k) Other Information: This final 

paragraph is provided for the applicant 

to include additional information 

considered relevant to Reclamation’s 

selection process in this matter. 

Selection of Lessee 

Reclamation will evaluate proposals 

received in response to this published 

notice. Proposals will be ranked 

according to response to the factors 

described in Fundamental 

Considerations and Requirements and 

Proposal Content Guidelines sections of 

this notice. In general, Reclamation will 

give more favorable consideration to 

proposals that (1) are well adapted to 

developing, conserving, and utilizing 

the water resource and protecting 

natural resources; (2) clearly 

demonstrate that the offeror is qualified 

to develop the hydropower facility and 

provide for long-term operation and 

maintenance; and (3) best share the 

economic benefits of the hydropower 

development among parties to the 

LOPP. A proposal will be deemed 

unacceptable if it is inconsistent with 

Deschutes Project purposes, as 

determined by Reclamation. 

Reclamation will give preference to 

those entities that qualify as preference 

entities (as defined under Proposal 

Content Guidelines, item (a), of this 

notice) provided that the preference 

entity is well qualified and their 

proposal is at least as well adapted to 

developing, conserving, and utilizing 

the water and natural resources as other 

submitted proposals. Preference entities 

will be allowed 30 days to improve their 

proposals, if necessary, to be made at 

least equal to a proposal(s) that may 

have been submitted by a nonpreference entity. 

Notice and Time Period To Enter Into 

LOPP 

Reclamation will notify, in writing, all 

entities submitting proposals of 

Reclamation’s decision regarding 

selection of the potential lessee. The 

selected potential lessee will have 15 

months from the date of selection of the 

lessee to sign the preliminary lease, 

complete the requirements set forth in 

the preliminary lease, and to sign the 

LOPP. The lessee will then have up to 

3 years from the date of the preliminary 

lease agreement to the beginning of 

construction. Maximum timeframes for 

construction will be determined by the 

Regional Director. Such timeframes may 

be adjusted for just cause resulting from 

actions and/or circumstances that are 

beyond the control of the lessee. 

Dated: March 22, 2018. 

Lorri J. Gray, 

Regional Director, Pacific Northwest Region. 

[FR Doc. 2018–13363 Filed 6–20–18; 8:45 am] 

BILLING CODE 4332–90–P 

INTERNATIONAL TRADE 

COMMISSION 

Notice of Receipt of Complaint; 

Solicitation of Comments Relating to 

the Public Interest 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 


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28864 Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Notices 

1Handbook for Electronic Filing Procedures: 

https://www.usitc.gov/documents/handbook_on_

filing_procedures.pdf. 

Commission has received a complaint 

entitled Certain Carburetors and 

Products Containing Such Carburetors, 

DN 3323; the Commission is soliciting 

comments on any public interest issues 

raised by the complaint or 

complainant’s filing pursuant to the 

Commission’s Rules of Practice and 

Procedure. 

FOR FURTHER INFORMATION CONTACT: Lisa 

R. Barton, Secretary to the Commission, 

U.S. International Trade Commission, 

500 E Street SW, Washington, DC 

20436, telephone (202) 205–2000. The 

public version of the complaint can be 

accessed on the Commission’s 

Electronic Document Information 

System (EDIS) at https://edis.usitc.gov, 

and 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 United 

States International Trade Commission 

(USITC) at https://www.usitc.gov. The 

public record for this investigation may 

be viewed on the Commission’s 

Electronic Document Information 

System (EDIS) at https://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 has received a complaint 

and a submission pursuant to § 210.8(b) 

of the Commission’s Rules of Practice 

and Procedure filed on behalf of Walbro, 

LLC on June 14, 2018. The complaint 

alleges violations of section 337 of the 

Tariff Act of 1930 (19 U.S.C. 1337) in 

the importation into the United States, 

the sale for importation, and the sale 

within the United States after 

importation of certain carburetors and 

products containing such carburetors. 

The complaint names as respondents: 

Ruixing Carburetor Manufacturing Co., 

Limited Zhejiang of China; Huayi 

Carburetor Factory of China; Tillotson of 

Ireland; Fujian Hualong Carburetor Co., 

Ltd. of China; Fuding Guangda General 

Machinery Co., Ltd. of China; Wuyi 

Henghai Tools Co., Ltd. of China; 

Fuding Youyi Trade Co., Ltd. of China; 

Amazon.com, Inc. of Seattle, WA; 

Amerisun Inc. of Itasca, IL; Ardisam, 

Inc. of Cumberland, WI; Buffalo 

Corporation of O’Fallon, MO; Cabela’s 

Incorporated of Sidney, NE; Champion 

Power Equipment, Inc. of Santa Fe, CA; 

Feldmann Eng. & Mfg. Co., Inc. of 

Sheboygan Falls, WI; FNA Group, Inc. 

of Pleasant Prairie, WI; Frictionless 

World, LLC of Denver, CO; Generac 

Power Systems, Inc. of Waukesha, WI; 

Husqvarna Professional Products, Inc. of 

Charlotte, NC; Imperial Industrial 

Supply Co. d/b/a Duromax Power 

Equipment of Ontario, CA; Kmart 

Corporation of Hoffman Estates, IL; 

Lowe’s Companies, Inc. of Mooresville, 

NC; Mat Industries, LLC of Lake Zurich, 

IL; Menards, Inc. of Eau Claire, WI; 

MTD Products Inc. of Valley City, OH; 

North American Tool Industries of 

Huntington, IN; Northern Tool & 

Equipment Co., Inc. of Burnsville, MN; 

QV Tools LLC of Las Vegas, NV; Sears, 

Roebuck and Co. of Hoffman Estates, IL; 

Target Corporation of Minneapolis, MN; 

Techtronics Industries Co. Ltd of d/b/a 

Techtronic Industries Power Equipment 

of Hong Kong; The Home Depot, Inc. of 

Atlanta, GA; Thunderbay Products of 

Clayton, WI; Tool Tuff Direct LLC of 

Golden, CO; Tractor Supply Company of 

Brentwood, TN; and Walmart Inc. of 

Bentonville, AR. The complainant 

requests that the Commission issue a 

general exclusion order, and in the 

alternative, issue a limited exclusion 

order, cease and desist orders, and 

impose a bond upon respondents’ 

alleged infringing articles during the 

60-day Presidential review period 

pursuant to 19 U.S.C. 1337(j). 

Proposed respondents, other 

interested parties, and members of the 

public are invited to file comments, not 

to exceed five (5) pages in length, 

inclusive of attachments, on any public 

interest issues raised by the complaint 

or § 210.8(b) filing. Comments should 

address whether issuance of the relief 

specifically requested by the 

complainant in this investigation would 

affect the public health and welfare in 

the United States, competitive 

conditions in the United States 

economy, the production of like or 

directly competitive articles in the 

United States, or United States 

consumers. 

In particular, the Commission is 

interested in comments that: 

(i) Explain how the articles 

potentially subject to the requested 

remedial orders are used in the United 

States; 

(ii) identify any public health, safety, 

or welfare concerns in the United States 

relating to the requested remedial 

orders; 

(iii) identify like or directly 

competitive articles that complainant, 

its licensees, or third parties make in the 

United States which could replace the 

subject articles if they were to be 

excluded; 

(iv) indicate whether complainant, 

complainant’s licensees, and/or third 

party suppliers have the capacity to 

replace the volume of articles 

potentially subject to the requested 

exclusion order and/or a cease and 

desist order within a commercially 

reasonable time; and 

(v) explain how the requested 

remedial orders would impact United 

States consumers. 

Written submissions must be filed no 

later than by close of business, eight 

calendar days after the date of 

publication of this notice in the Federal 

Register. There will be further 

opportunities for comment on the 

public interest after the issuance of any 

final initial determination in this 

investigation. 

Persons filing written submissions 

must file the original document 

electronically on or before the deadlines 

stated above and submit 8 true paper 

copies to the Office of the Secretary by 

noon the next day pursuant to § 210.4(f) 

of the Commission’s Rules of Practice 

and Procedure (19 CFR 210.4(f)). 

Submissions should refer to the docket 

number (‘‘Docket No. 3323’’) in a 

prominent place on the cover page and/ 

or the first page. (See Handbook for 

Electonic Filing Procedures, Electronic 

Filing Procedures).1 Persons with 

questions regarding filing should 

contact the Secretary (202–205–2000). 

Any person desiring to submit a 

document to the Commission in 

confidence must request confidential 

treatment. All such requests should be 

directed to the Secretary to the 

Commission and must include a full 

statement of the reasons why the 

Commission should grant such 

treatment. See 19 CFR 201.6. Documents 

for which confidential treatment by the 

Commission is properly sought will be 

treated accordingly. All such requests 

should be directed to the Secretary to 

the Commission and must include a full 

statement of the reasons why the 

Commission should grant such 

treatment. See 19 CFR 201.6. Documents 

for which confidential treatment by the 

Commission is properly sought will be 

treated accordingly. All information, 

including confidential business 

information and documents for which 

confidential treatment is properly 

sought, submitted to the Commission for 

purposes of this Investigation may be 

disclosed to and used: (i) By the 

Commission, its employees and Offices, 

and contract personnel (a) for 

developing or maintaining the records 


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Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Notices 28865 

2All contract personnel will sign appropriate 

nondisclosure agreements. 

3Electronic Document Information System 

(EDIS): https://edis.usitc.gov. 

of this or a related proceeding, or (b) in 

internal investigations, audits, reviews, 

and evaluations relating to the 

programs, personnel, and operations of 

the Commission including under 5 

U.S.C. Appendix 3; or (ii) by U.S. 

government employees and contract 

personnel,2 solely for cybersecurity 

purposes. All nonconfidential written 

submissions will be available for public 

inspection at the Office of the Secretary 

and on EDIS.3

This action is taken under the 

authority of section 337 of the Tariff Act 

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

and of §§ 201.10 and 210.8(c) of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 201.10, 210.8(c)). 

By order of the Commission. 

Issued: June 15, 2018. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2018–13286 Filed 6–20–18; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1120] 

Certain Human Milk Oligosaccharides 

and Methods of Producing the Same 

Institution of Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that a 

complaint was filed with the U.S. 

International Trade Commission on 

April 2, 2018, under section 337 of the 

Tariff Act of 1930, as amended, on 

behalf of Glycosyn LLC. An amended 

complaint was filed on May 16, 2018. 

An additional supplement to the 

complaint was also filed on May 25, 

2018. The complaint, as amended and 

supplemented, 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 human milk oligosaccharides by 

reason of infringement of U.S. Patent 

No. 9,453,230 (‘‘the ’230 patent’’) and 

U.S. Patent No. 9,970,018 (‘‘the ’018 

patent’’). The complaint further alleges 

that an industry in the United States 

exists as required by the applicable 

Federal Statute. 

The complainant requests that the 

Commission institute an investigation 

and, after the investigation, issue a 

limited exclusion order and cease and 

desist orders. 

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 

https://www.usitc.gov. The public 

record for this investigation may be 

viewed on the Commission’s electronic 

docket (EDIS) at https://edis.usitc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Pathenia M. Proctor, The Office of 

Unfair Import Investigations, U.S. 

International Trade Commission, 

telephone (202) 205–2560. 

SUPPLEMENTARY INFORMATION: 

Authority: The authority for 

institution of this investigation is 

contained in section 337 of the Tariff 

Act of 1930, as amended, 19 U.S.C. 1337 

and in section 210.10 of the 

Commission’s Rules of Practice and 

Procedure, 19 CFR 210.10 (2018). 

Scope of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

June 14, 2018, 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 products identified in 

paragraph (2) by reason of infringement 

of one or more of claims 1–40 of the 

’230 patent; and claims 1–28 of the ’018 

patent; and whether an industry in the 

United States exists as required by 

subsection (a)(2) of section 337; 

(2) Pursuant to section 210.10(b)(1) of 

the Commission’s Rules of Practice and 

Procedure, 19 CFR 210.10(b)(1), the 

plain language description of the 

accused products or category of accused 

products, which defines the scope of the 

investigation, is ‘‘2′-fucosyllactose 

oligosaccharides’’; 

(3) Pursuant to Commission Rule 

210.50(b)(1), 19 CFR 210.50(b)(1), the 

presiding administrative law judge shall 

take evidence or other information and 

hear arguments from the parties and 

other interested persons with respect to 

the public interest in this investigation, 

as appropriate, and provide the 

Commission with findings of fact and a 

recommended determination on this 

issue, which shall be limited to the 

statutory public interest factors set forth 

in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); 

(4) 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 complainant is: Glycosyn LLC, 

890 Winter Street, Suite 208, Waltham, 

MA 95131. 

(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: 

Jennewein Biotechnologie GmbH, 

Maarweg 32, D–53619 Rheinbreitbach, 

Germany. 

(c) The Office of Unfair Import 

Investigations, U.S. International Trade 

Commission, 500 E Street SW, Suite 

401, Washington, DC 20436; and 

(5) For the investigation so instituted, 

the 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 respondents 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(e) 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 

the respondent. 

By order of the Commission. 


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