Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Notices 9085 

Reclamation and Enforcement (OSMRE), 

are proposing to renew an information 

collection. 

DATES: Interested persons are invited to 

submit comments on or before March 

21, 2022. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. Please provide a copy 

of your comments to Mark Gehlhar, 

Office of Surface Mining Reclamation 

and Enforcement, 1849 C Street NW, 

Room 4556–MIB, Washington, DC 

20240, or by email to mgehlhar@

osmre.gov. Please reference OMB 

Control Number 1029–0117 in the 

subject line of your comments. 

FOR FURTHER INFORMATION CONTACT: To 

request additional information about 

this ICR, contact Mark Gehlhar by email 

at mgehlhar@osmre.gov, or by telephone 

at (202) 208–2716. You may also view 

the ICR at https://www.reginfo.gov/ 

public/do/PRAMain. 

SUPPLEMENTARY INFORMATION: In 

accordance with the Paperwork 

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

3501 et seq.) and 5 CFR 1320.8(d)(1), we 

provide the general public and other 

Federal agencies with an opportunity to 

comment on new, proposed, revised, 

and continuing collections of 

information. This helps us assess the 

impact of our information collection 

requirements and minimize the public’s 

reporting burden. It also helps the 

public understand our information 

collection requirements and provide the 

requested data in the desired format. 

A Federal Register notice with a 60- 

day public comment period soliciting 

comments on this collection of 

information was published on 

September 30, 2021 (86 FR 54235). No 

comments were received. 

As part of our continuing effort to 

reduce paperwork and respondent 

burdens, we are again soliciting 

comments from the public and other 

Federal agencies on the proposed ICR 

that is described below. We are 

especially interested in public comment 

addressing the following: 

(1) Whether or not the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether or not the 

information will have practical utility; 

(2) The accuracy of our estimate of the 

burden for this collection of 

information, including the validity of 

the methodology and assumptions used; 

(3) Ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and 

(4) How might the agency 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 response. 

Comments that you submit in 

response to this notice are a matter of 

public record. Before including your 

address, phone number, email address, 

or other personal identifying 

information in your comment, you 

should be aware that your entire 

comment—including your personal 

identifying information—may be made 

publicly available at any time. While 

you can ask us in your comment to 

withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Abstract: This collection of 

information is authorized by Section 

507(b) of Public Law 95–87 which 

provides that persons conducting coal 

mining activities submit to the 

regulatory authority all relevant 

information regarding ownership and 

control of the mining company, their 

compliance status and history, and 

authority to mine the property. This 

information is used to insure all legal, 

financial and compliance requirements 

are satisfied prior to issuance or denial 

of a permit. 

Title of Collection: Permit 

Applications—Minimum Requirements 

for Legal, Financial, Compliance, and 

Related Information. 

OMB Control Number: 1029–0117. 

Form Number: None. 

Type of Review: Extension of a 

currently approved collection. 

Respondents/Affected Public: 

Businesses, State and Tribal 

governments. 

Total Estimated Number of Annual 

Respondents: 201. 

Total Estimated Number of Annual 

Responses: 1,590. 

Estimated Completion Time per 

Response: Varies 1 hour to 9 hours, 

depending on activity. 

Total Estimated Number of Annual 

Burden Hours: 4,481. 

Respondent’s Obligation: Required to 

obtain or retain a benefit. 

Frequency of Collection: One time. 

Total Estimated Annual Nonhour 

Burden Cost: $0. 

An agency may not conduct or 

sponsor and a person is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. 

The authority for this action is the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

Mark J. Gehlhar, 

Information Collection Clearance Officer, 

Division of Regulatory Support. 

[FR Doc. 2022–03467 Filed 2–16–22; 8:45 am] 

BILLING CODE 4310–05–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1217] 

Certain Blowers and Components 

Thereof; Notice of a Commission 

Determination To Review an 

Enforcement Initial Determination and 

Order No. 36 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to review 

in its entirety the enforcement initial 

determination (‘‘EID’’) issued on 

December 14, 2021, finding no violation 

of the consent order issued in the abovereferenced section 337 investigation. 

The Commission has also determined to 

review Order No. 36, also issued on 

December 14, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Panyin A. Hughes, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

205–3042. Copies of non-confidential 

documents filed in connection with this 

investigation may be viewed on the 

Commission’s electronic docket (EDIS) 

at https://edis.usitc.gov. For help 

accessing EDIS, please email 

EDIS3Help@usitc.gov. General 

information concerning the Commission 

may also be obtained by accessing its 

internet server at https://www.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: On 

September 8, 2020, the Commission 

instituted the original, underlying 

investigation based on a complaint filed 

by Regal Beloit America, Inc. of Beloit, 

Wisconsin (‘‘Regal’’ or ‘‘Complainant’’). 

85 FR 55491–92 (Sept. 8, 2020). The 

complaint alleged violations of section 

337 of the Tariff Act of 1930, as 


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9086 Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Notices 

amended, 19 U.S.C. 1337, in the 

importation into the United States, the 

sale for importation, or the sale within 

the United States after importation of 

certain blowers and components thereof 

by reason of infringement of one or 

more of claims 1, 2, 7–10, and 15 of U.S. 

Patent No. 8,079,834 (‘‘the ’834 patent’’). 

Id. at 55492. The Commission’s notice 

of investigation named as respondents 

East West Manufacturing, LLC of 

Atlanta, Georgia, and East West 

Industries of Binh Duong, Vietnam 

(collectively, ‘‘East West’’ or 

‘‘Respondents’’). Id. at 55492. The Office 

of Unfair Import Investigations (‘‘OUII’’) 

did not participate as a party in the 

original investigation. Id. 

On November 12, 2020, the 

Commission terminated the original 

investigation with respect to 

Respondents based upon a consent 

order stipulation and entry of a consent 

order. 85 FR 73511 (Nov. 18, 2020). The 

Consent Order directs East West to ‘‘not 

sell for importation, import or sell after 

importation the Subject Articles . . . 

except under consent or license from 

Complainant.’’ Consent Order at ¶ 5. 

The Consent Order defines ‘‘Subject 

Articles’’ as ‘‘certain blowers and 

components thereof that infringe claims 

1, 2, 7–10, and 15 of the ’834 Patent.’’ 

Id. at ¶ 3. 

On January 15, 2021, Regal filed an 

enforcement complaint at the 

Commission alleging that East West’s 

redesigned blower infringes claims 1, 2, 

7–10, and 15 of the ’834 patent in 

violation of the consent order. On 

February 19, 2021, the Commission 

instituted a formal enforcement 

proceeding, pursuant to Commission 

Rule 210.75(a), to determine whether a 

violation of the consent order issued in 

the original investigation has occurred 

and to determine what, if any, 

enforcement measures are appropriate. 

86 FR 10335 (Feb. 19, 2021). The 

respondents named in the enforcement 

proceeding are the same as the 

respondents named in the original 

investigation, i.e., East West 

Manufacturing, LLC of Atlanta, Georgia, 

and East West Industries of Binh Duong, 

Vietnam. Id. OUII was named as a party 

in the enforcement proceeding. Id. 

On March 1, 2021, East West filed a 

motion for monetary and other 

sanctions alleging that Regal and its 

attorneys tampered with and 

misrepresented the accused redesigned 

blower in the enforcement complaint. 

Regal and OUII filed responses thereto 

on March 11, 2021, and March 18, 2021, 

respectively. The presiding 

Administrative Law Judge (‘‘ALJ’’) 

further permitted the private parties to 

file replies and sur-replies to the 

sanctions briefing. EID at 16. 

On June 29, 2021, the ALJ issued a 

Markman Order (Order No. 22), styled 

‘‘Markman Claim Constructions With 

Abbreviated Rationales’’ (‘‘Markman 

Order I’’). On July 13, 2021, the ALJ 

issued Order No. 23, clarifying Order 

No. 22. 

The ALJ held an evidentiary hearing 

from July 20–23, 2021 and received 

post-hearing briefs thereafter. On 

September 22, 2021, the ALJ held a 

supplemental hearing on the sanctions 

motion. EID at 18. 

On October 29, 2021, the ALJ issued 

Order No. 32 (Markman Order II), 

providing extensive explanations as to 

the adopted constructions in Order No. 

22. 

On December 14, 2021, the ALJ issued 

the subject EID finding no violation of 

the consent order. The EID found that 

the parties do not contest personal 

jurisdiction, and that the Commission 

has in rem jurisdiction over the accused 

products. EID at 19–20. The EID noted 

that the private parties filed a ‘‘Joint 

Stipulation on Importation and Sales,’’ 

describing ‘‘the number of units of the 

Accused or Redesigned Blower that East 

West imported and sold.’’ Id. at 20. The 

EID found that Regal failed to show that 

East West’s redesigned blower infringes 

asserted claims 1, 2, 7–10, and 15 of the 

’834 patent, and thus failed to show a 

violation of the consent order. See id. at 

9–10. The EID states that ‘‘in the event 

the Commission were to find to the 

contrary, an imposed civil penalty 

should be de minimus and not the 

maximum civil penalty that Regal has 

proposed.’’ Id. at 10. Specifically, the 

EID recommends that ‘‘East West 

disgorge its profits plus an additional 

one-half of its profits from any sales that 

violated the Consent Order.’’ Id. at 10– 

11. 

On December 14, 2021, the ALJ also 

issued Order No. 36 denying East West’s 

motion for monetary sanctions. The ALJ 

issued a public warning to Regal, citing 

the Commission’s sanctions authority 

under Commission Rule 210.4(c) and 

(d), 19 CFR 210.4(c), (d), and ordered 

Regal to correct potentially misleading 

portions of the enforcement complaint. 

On January 4, 2022, Regal filed a 

petition for review of the EID, and 

Respondents filed a contingent petition 

for review of the EID and a petition for 

review of Order No. 36. On January 10, 

2022, the parties replied to the petitions 

for review. 

Having examined the record of this 

investigation, including the EID, the 

petitions for review, and the responses 

thereto, the Commission has determined 

to review the EID in its entirety. The 

Commission has also determined to 

review Order No. 36. 

The Commission does not request 

additional briefing from the parties. 

The Commission’s vote on this 

determination took place on February 

11, 2022. 

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 210). 

By order of the Commission. 

Issued: February 11, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–03402 Filed 2–16–22; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1196] 

Certain In Vitro Fertilization Products, 

Components Thereof, and Products 

Containing the Same; Commission 

Decision Not To Review a Final Initial 

Determination Finding a Violation of 

Section 337; Schedule for Filing 

Written Submissions on Remedy, the 

Public Interest, and Bonding 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined not to 

review a final initial determination 

(‘‘FID’’) of the presiding Administrative 

Law Judge (‘‘ALJ’’) finding a violation of 

section 337 by respondents Fast IVF of 

Scottsdale, Arizona (‘‘Fast IVF’’) and 

Hermes Ezcanesi of Istanbul, Turkey 

(collectively, the ‘‘Defaulting 

Respondents’’). The Commission also 

requests written submissions from the 

parties, interested government agencies 

and interested persons, under the 

schedule set forth below, on remedy, the 

public interest, and bonding. 

FOR FURTHER INFORMATION CONTACT: 

Houda Morad, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

708–4716. Copies of non-confidential 

documents filed in connection with this 

investigation may be viewed on the 

Commission’s electronic docket (EDIS) 

at https://edis.usitc.gov. For help 

accessing EDIS, please email 

EDIS3Help@usitc.gov. General 

information concerning the Commission 

may also be obtained by accessing its 


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