Federal Register / Vol. 65, No. 189 / Thursday, September 28, 2000 / Notices 58287

SUPPLEMENTARY INFORMATION: Copies of

the document will be available for

review at the following locations:

New Bedford Whaling National

Historical Park—Visitor Center, 47

North Second Street, New Bedford,

MA. The visitor center is open

everyday from 9 a.m. to 4 p.m.

New Bedford Free Public Library, 613

Pleasant Street, New Bedford, MA.

The library is open Monday through

Thursday from 9 a.m. to 9 p.m.;

Friday and Saturday hours are 9 a.m.

to 5 p.m. The library is closed on

Sundays.

To request copies of the document,

please call (508) 996–4095, fax (508)

994–8922, or write Superintendent,

New Bedford Whaling National

Historical Park, 33 William Street, New

Bedford, Massachusetts 02740.

Comments on the Draft General

Management Plan/Draft Environmental

Impact Statement should be submitted

to John Piltzecker, Superintendent, New

Bedford Whaling National Historical

Park, 33 William Street, New Bedford,

Massachusetts 02740. Comments may be

faxed to the Superintendent at (508)

994–8922.

John Piltzecker,

Superintendent, New Bedford Whaling

National Historical Park.

[FR Doc. 00–24917 Filed 9–27–00; 8:45 am]

BILLING CODE 4310–70–P

INTERNATIONAL TRADE

COMMISSION

[Inv. No. 337–TA–383 Advisory Opinion

Proceeding]

Certain Hardware Logic Emulation

Systems and Components Thereof;

Notice of Commission Decision Not To

Review an Initial Advisory Opinion

Issued by the Administrative Law

Judge

AGENCY: U.S. International Trade

Commission.

ACTION: Notice.

SUMMARY: Notice is hereby given that

the U.S. International Trade

Commission has determined in the

above-captioned advisory opinion

proceeding (1) not to review the

presiding administrative law judge’s

(‘‘ALJ’s’’) finding that access from the

United States of Mentor Graphics

Corporation’s (‘‘Mentor’s’’) foreign

design verification centers would not be

covered by the Commission’s cease and

desist order, (2) to take no position on

the ALJ’s alternate determination

concerning the ‘‘use’’ of Mentor’s

hardware logic emulator in the United

States if the term ‘‘covered product’’ in

the cease and desist order is interpreted

to include infringing hardware and

software that has not been imported, (3)

affirm the ALJ’s Order No. 115, and (4)

to grant the motion of Quickturn Design

Systems, Inc. (‘‘Quickturn’’) to file a

reply to the response of the Commission

investigative attorney (‘‘IA’’) to

Quickturn’s petitions to the

Commission.

FOR FURTHER INFORMATION CONTACT:

Timothy P. Monaghan, Office of the

General Counsel, U.S. International

Trade Commission, 500 E Street, SW.,

Washington, DC 20436, telephone 202–

205–3152. General information

concerning the Commission may also be

obtained by accessing its Internet server

(http://www.usitc.gov). Hearingimpaired persons are advised that

information on this matter can be

obtained by contacting the

Commission’s TDD terminal on 202–

205–1810.

SUPPLEMENTARY INFORMATION: Inv. No.

337–TA–383 was instituted on March 8,

1996, based on a complaint by

Quickturn. The respondents named in

the investigation were Mentor and Meta

Systems (hereinafter collectively

‘‘Mentor’’). The products at issue were

certain hardware logic emulation

systems used in the semiconductor

industry to debug and test electronic

circuit designs for semiconductor

devices.

On July 31, 1997, the ALJ issued his

final initial determination (‘‘ID’’) finding

that Mentor had violated section 337 of

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

by infringing certain claims of U.S.

Letters Patent 5,329,470, 5,036,473,

5,448,496, and 5,109,353, all owned by

Quickturn. On October 2, 1997, the

Commission determined not to review

the ALJ’s final ID, and on December 3,

1997, issued a limited exclusion order

prohibiting the importation of

respondents’ emulators and components

thereof found to infringe one or more of

the patent claims in controversy. The

Commission also issued a cease and

desist order prohibiting, inter alia, the

electronic importation and transmission

of infringing hardware emulation

software.

On August 20, 1999 Mentor filed a

petition with the Commission

requesting issuance of an advisory

opinion pursuant to Commission rule

210.79(a) (19 CFR 210.79(a)). Mentor

contended that remote access from the

United States of its hardware logic

emulation systems housed in ‘‘design

verification centers’’ located outside the

United States would not infringe

Quickturn’s patents and, therefore,

would not be covered by the

Commission’s limited exclusion order

and/or the cease and desist order. On

November 10, 1999, the Commission

instituted an advisory opinion

proceeding to determine (1) whether

Mentor’s proposed foreign design

verification centers would be covered by

the cease and desist order issued in this

investigation, and (2) whether the

importation of integrated circuits

(‘‘ICs’’) designed and debugged by IC

designers in the United States using

Mentor’s foreign design verification

centers would be covered by the limited

exclusion order issued in this

investigation. The Commission

remanded the advisory opinion

proceeding to the ALJ for appropriate

proceedings and the issuance of an

initial advisory opinion (‘‘IAO’’). The

ALJ was given the authority to conduct

any proceedings he deemed necessary,

including taking evidence and ordering

discovery.

Quickturn stipulated that ICs

designed and debugged by designers in

the United States using Mentor’s design

verification centers would not be

covered by the limited exclusion order

issued in the investigation. Therefore,

only the Commission’s cease and desist

order remained at issue in the IAO

proceeding.

An evidentiary hearing was

conducted by the ALJ on June 5 and 6,

2000. On June 23, 2000, the ALJ issued

Order No. 115 finding that Quickturn

had waived arguments that any

Mentor’s infringing hardware emulation

software would be resident in the

United States under the proposed

scheme. On August 7, 2000, the ALJ

issued his IAO finding that Mentor’s

proposed access in the United States of

Mentor’s foreign design verification

centers would not be covered by the

Commission’s cease and desist order

issued in the investigation.

The ALJ found in the alternative that

if the term ‘‘covered product’’ in the

cease and desist order is interpreted to

include infringing hardware and

software that has not been imported into

the United States, then Mentor’s U.S.

customers would be ‘‘using’’ the

‘‘covered product’’ in violation of the

cease and desist order.

On August 18, 2000, Quickturn filed

a petition for review of the IAO and a

petition for the Commission to review

and reverse the ALJ’s ruling Order No.

115, and Mentor filed a conditional

petition for review of the IAO. The IA

did not petition for review of the IAO.

On August 25, 2000, Mentor, Quickturn,

and the IA filed responses to the

petitions for review.

58288 Federal Register / Vol. 65, No. 189 / Thursday, September 28, 2000 / Notices

Having examined the record in this

investigation, including the briefs and

the responses thereto, the Commission

determined (1) not to review the ALJ’s

finding in the IAO that access from the

United States of Mentor’s foreign design

verification centers would not be

covered by the Commission’s cease and

desist order, (2) to take no position on

the ALJ’ s alternative determination in

the IAO concerning the ‘‘use’’ of

Mentor’s hardware logic emulator in the

United States if the term ‘‘covered

product’’ in the cease and desist order

is interpreted to include infringing

hardware and software that has not been

imported, (3) to affirm Order No. 115,

and (4) to grant Quickturn’s motion to

file a reply to the response of the IA to

Quickturn’s petitions to the

Commission.

This action is taken under the

authority of section 337 of the Tariff Act

of 1930, 19 U.S.C. 1337, and

Commission rule 210.79, 19 CFR 210.79.

Issued: September 22, 2000.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 00–24915 Filed 9–27–00; 8:45 am]

BILLING CODE 7020–02–P

INTERNATIONAL TRADE

COMMISSION

[Investigation Nos. 332–350 and 332–351]

Monitoring of U.S. Imports of

Tomatoes, Monitoring of U.S. Imports

of Peppers

AGENCY: United States International

Trade Commission.

ACTION: Changes in written submission’s

due date and date of publication of

monitoring reports in 2000.

EFFECTIVE DATE: September 22 , 2000.

FOR FURTHER INFORMATION CONTACT: For

general information, Timothy McCarty

(202–205–3324) or Cathy Jabara (202–

205–3309), Agriculture and Forest

Products Division, Office of Industries,

or for information on legal aspects,

William Gearhart (202–205–3091),

Office of the General Counsel, U.S.

International Trade Commission.

Hearing impaired persons can obtain

information on these studies by

contacting the Commission’s TDD

terminal on (202) 205–1810. General

information concerning the Commission

may also be obtained by accessing its

internet server (http://www.usitc.gov).

Background

Section 316 of the North American

Free-Trade Agreement Implementation

Act (NAFTA Implementation Act), 19

U.S.C. 3381, directs the Commission to

monitor imports of fresh or chilled

tomatoes (HTS heading 0702.00) and

fresh or chilled peppers, other than chili

peppers (HTS subheading 0709.60.00),

until January 1, 2009. As a result of such

monitoring, the domestic industry

producing a like or directly competitive

perishable agricultural product may

request, in a global safeguard petition

filed under section 202 of the Trade Act

of 1974 or a bilateral safeguard petition

filed under section 302 of the NAFTA

Implementation Act, that provisional

relief be provided pending completion

of a full section 202 or 302

investigation. If provisional relief is

requested, the Commission has 21 days

in which to make its decision and to

transmit any provisional relief

recommendation to the President. In

response to the monitoring directive, the

Commission instituted investigation No.

332–350, Monitoring of U.S. Imports of

Tomatoes (59 FR 1763) and

investigation No. 332–351, Monitoring

of U.S. Imports of Peppers (59 FR 1762).

Although section 316 of the NAFTA

Implementation Act does not require

that the Commission publish reports on

the results of its monitoring activities,

the initial notices of investigation for

these studies indicated that the

Commission planned to publish reports

on the monitoring annually.

Subsequently, the Commission has

published statistical reports in those

years in which it was not conducting an

investigation under other statutory

authority with respect to such products.

On June 12, 2000, the Commission

published in the Federal Register a

notice that it intended to publish

monitoring reports in September 2000.

In the same notice, the Commission also

invited all interested persons to submit

written statements concerning the

matters to be addressed in the reports,

so as to be received no later than the

close of business on June 28, 2000. In

response to this request, the

Commission received two comments,

from the Florida Tomato Exchange and

the Florida Department of Agriculture

and Consumer Services, asking that

additional data be included in the

Commission’s forthcoming reports and

that the official record of these

investigations be held open so that

certain Florida statistics might be

included in this year’s reports. In

response, the Commission extended the

deadline for filing of written statements

until October 2, 2000, and changed the

date for intended publication of its

reports to November 15, 2000.

Written Submissions

The Commission does not plan to

hold a public hearing in connection

with preparation of the 2000 statistical

reports. However, interested persons are

invited to submit written statements

concerning the matters to be addressed

in the reports. Commercial or financial

information which a submitter desires

the Commission to treat as confidential

must be provided on separate sheets of

paper, each clearly marked

‘‘Confidential Business Information’’ at

the top. All submissions requesting

confidential treatment must conform

with the requirements of section 201.6

of the Commission’s Rules of Practice

and Procedure (19 CFR 201.6). All

written submissions, except for

confidential business information, will

be made available in the Office of the

Secretary of the Commission for

inspection by interested persons. To be

assured of consideration by the

Commission, written statements relating

to the Commission’s report should be

submitted to the Commission in

accordance with section 201.8 of the

Commission’s rules at the earliest

practical date and should be received no

later than the close of business on

October 2, 2000. All submissions should

be addressed to the Secretary, United

States International Trade Commission,

500 E Street SW., Washington, DC

20436.

Issued: September 22, 2000.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 00–24916 Filed 9–27–00; 8:45 am]

BILLING CODE 7020–02–P

LEGAL SERVICES CORPORATION

Proposed Property Acquisition and

Management Manual

AGENCY: Legal Services Corporation

ACTION: Notice of proposed Property

Acquisition and Management Manual.

SUMMARY: This Notice sets forth the text

of a proposed Property Acquisition and

Management Manual that, once

adopted, will govern the use by

recipients of LSC funds to acquire, use

and dispose of real and nonexpendable

personal property. The proposed

Property Acquisition and Management

Manual is intended to provide

recipients with a single complete and

consolidated set of policies and

procedures related to property

acquisition, use and disposal and would

supercede guidance currently contained

in several LSC documents.