9636 Federal Register / Vol. 74, No. 42 / Thursday, March 5, 2009 / Notices 

of United States Patent No. 6,538,908 

(‘‘the ‘908 patent’’). 

On October 27, 2008, SG filed a 

petition for modification of the limited 

exclusion order in light of Kyocera 

Wireless Corp. v. Int’l Trade Comm’n, 

545 F.3d 1340 (Fed. Cir. 2008), 

requesting that the Commission modify 

the existing exclusion order so it does 

not exclude downstream products of 

non-respondents. On November 7, 2008, 

complainant PI filed an opposition to 

SG’s petition for modification. On the 

same day, the Commission IA filed a 

response supporting SG’s petition. 

Finally, on November 26, 2008, SG 

moved for leave to file a reply in 

support of its petition and also filed the 

reply. 

Having reviewed the record in this 

investigation, including the written 

submissions of the parties, the 

Commission has made its determination 

on the petition for modification. The 

Commission has determined that the 

appropriate form of relief is a limited 

exclusion order prohibiting the 

unlicensed entry of power supply 

controllers that infringe one or more of 

claims 1, 3, 5, and 6 of the ‘398 patent 

or claims 26 and 27 of the ‘908 patent 

and that are manufactured abroad by or 

on behalf of, or imported by or on behalf 

of, SG, its affiliated companies, parents, 

subsidiaries, licensees, contractors, or 

other related business entities, or 

successors or assigns. The Commission 

has also determined to prohibit the 

unlicensed entry of liquid crystal 

display (‘‘LCD’’) computer monitors, AC 

printer adapters, and sample/ 

demonstration boards containing such 

infringing power supply controllers that 

are manufactured abroad by or on behalf 

of, or imported by or on behalf of, SG, 

its affiliated companies, parents, 

subsidiaries, licensees, contractors, or 

other related business entities, or 

successors or assigns. 

The Commission has further 

determined that the public interest 

factors enumerated in 19 U.S.C. 

1337(d)(1) do not preclude issuance of 

the limited exclusion order. 

Accordingly, the Commission hereby 

orders that: 

1. Power supply controllers that 

infringe one or more of claims 1, 3, 5, 

and 6 of United States Patent No. 

6,351,398 and that are manufactured 

abroad by or on behalf of, or imported 

by or on behalf of, SG, or any of its 

affiliated companies, parents, 

subsidiaries, or other related business 

entities, or their successors or assigns, 

and LCD computer monitors, AC printer 

adapters, and sample/demonstration 

boards that contain such infringing 

power supply controllers and that are 

manufactured abroad by or on behalf of, 

or imported by or on behalf of, SG, or 

any of its affiliated companies, parents, 

subsidiaries, or other related business 

entities, or their successors or assigns, 

are excluded from entry for 

consumption into the United States, 

entry for consumption from a foreigntrade zone, or withdrawal from a 

warehouse for consumption, for the 

remaining term of the patent, except 

under license of the patent owner or as 

provided by law. 

2. Power supply controllers that 

infringe one or more of claims 26 and 

27 of United States Patent No. 6,538,908 

and that are manufactured abroad by or 

on behalf of, or imported by or on behalf 

of, SG, or any of its affiliated companies, 

parents, subsidiaries, or other related 

business entities, or their successors or 

assigns, and LCD computer monitors, 

AC printer adapters, and sample/ 

demonstration boards that contain such 

infringing power supply controllers and 

that are manufactured abroad by or on 

behalf of, or imported by or on behalf 

of, SG, or any of its affiliated companies, 

parents, subsidiaries, or other related 

business entities, or their successors or 

assigns, are excluded from entry for 

consumption into the United States, 

entry for consumption from a foreigntrade zone, or withdrawal from a 

warehouse for consumption, for the 

remaining term of the patent, except 

under license of the patent owner or as 

provided by law. 

3. In accordance with PI’s withdrawal 

of infringement allegations against 

certain of SG’s products, the provisions 

of this Order shall not apply to SG’s 

power supply controllers SG6105, 

SG68501, SG68502, SG38xx, SG5841, 

SG5848, SG6842J w/HV Start, SG6846, 

SG6846A, SG6848, SG6848x, SG6849, 

SG6850, and SG69xx. 

4. When the United States Bureau of 

Customs and Border Protection 

(‘‘Customs’’) is unable to determine by 

inspection whether power supply 

controllers, LCD computer monitors, AC 

printer adapters, or sample/ 

demonstration boards fall within the 

scope of this Order, it may, in its 

discretion, accept a certification, 

pursuant to procedures specified and 

deemed necessary by Customs, from 

persons seeking to import said products 

that they are familiar with the terms of 

this Order, that they have made 

appropriate inquiry, and thereupon state 

that, to the best of their knowledge and 

belief, the products being imported are 

not excluded from entry under 

paragraphs 1 or 2 of this Order. At its 

discretion, Customs may require 

persons who have provided the 

certification described in this paragraph 

to furnish such records or analyses as 

are necessary to substantiate the 

certification. 

5. In accordance with 19 U.S.C. 

1337(l), the provisions of this Order 

shall not apply to power supply 

controllers, LCD computer monitors, AC 

printer adapters, or sample/ 

demonstration boards containing the 

same that are imported by and for the 

use of the United States, or imported 

for, and to be used for, the United States 

with the authorization or consent of the 

Government. 

6. The Commission may modify this 

Order in accordance with the 

procedures described in section 210.76 

of the Commission’s Rules of Practice 

and Procedure, 19 CFR 210.76. 

7. The Secretary shall serve copies of 

this Order upon each party of record in 

this investigation and upon the 

Department of Health and Human 

Services, the Department of Justice, the 

Federal Trade Commission, and the 

Bureau of Customs and Border 

Protection. 

8. Notice of this Order shall be 

published in the Federal Register. 

By Order of the Commission. 

Issued: February 27, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–4704 Filed 3–4–09; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

Notice is hereby given that on 

February 25, 2009, a Consent Decree in 

United States v. Valley-Proctor LLC, 

Civil Action No. 09–cv–1331 

AHM(AJW)x, was lodged with the 

United States District Court for the 

Central District of California. 

The Consent Decree resolves claims 

brought by the United States, on behalf 

of the United States Environmental 

Protection Agency (‘‘EPA’’), and the 

California Department of Toxic 

Substances Control (‘‘DTSC’’) under 

Section 107 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act, 42 

U.S.C. 9607, et seq. related to the 

releases and threatened releases of 

hazardous substances at the Puente 

Valley Operable Unit of the San Gabriel 

Valley Area 4 Superfund Site (‘‘Site’’) in 

Los Angeles County, California. 

The proposed Consent Decree 

requires Defendant to pay the United 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 74, No. 42 / Thursday, March 5, 2009 / Notices 9637 

States $550,000 and DTSC $5,000, in 

reimbursement of past response costs. 

Some or all of the settlement payments 

will be proceeds from the sale of the 

property owned by the defendant at the 

Site. 

The Department of Justice will 

receive, for a period of thirty (30) days 

from the date of this publication, 

comments relating to the Consent 

Decree. Comments should be addressed 

to the Assistant Attorney General, 

Environment and Natural Resources 

Division, and either e-mailed to 

pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. Valley-Proctor, LLC, D.J. Ref. 

90–11–2–09232. 

The Consent Decree may be examined 

at U.S. EPA Region IX at 75 Hawthorne 

Street, San Francisco, California 94105. 

During the public comment period, the 

Consent Decree may also be examined 

on the following Department of Justice 

Web site, to http://www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Consent Decree may also be obtained by 

mail from the Consent Decree Library, 

P.O. Box 7611, U.S. Department of 

Justice, Washington, DC 20044–7611 or 

by faxing or e-mailing a request to Tonia 

Fleetwood (tonia.fleetwood@usdoj.gov), 

fax no. (202) 514–0097, phone 

confirmation number (202) 514–1547. In 

requesting a copy from the Consent 

Decree Library, please enclose a check 

in the amount of $10.25 (25 cents per 

page reproduction cost) payable to the 

U.S. Treasury or, if by e-mail or fax, 

forward a check in that amount to the 

Consent Decree Library at the stated 

address. 

Henry Friedman, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. E9–4613 Filed 3–4–09; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Submission for OMB Emergency 

Review: Comment Request 

February 27, 2009. 

The Department of Labor has 

submitted the following information 

collection request (ICR), utilizing 

emergency review procedures, to the 

Office of Management and Budget 

(OMB) for review and clearance in 

accordance with the Paperwork 

Reduction Act of 1995 (Pub. L. 104–13, 

44 U.S.C. Chapter 35) and 5 CFR 

1320.13. OMB approval has been 

requested by March 10, 2009. A copy of 

this ICR, with applicable supporting 

documentation; including among other 

things a description of the likely 

respondents, proposed frequency of 

response, and estimated total burden 

may be obtained from the RegInfo.gov 

Web site at http://www.reginfo.gov/ 

public/do/PRAMain or by contacting 

Darrin King on 202–693–4129 (this is 

not a toll-free number)/e-mail: 

DOL_PRA_PUBLIC@dol.gov. Interested 

parties are encouraged to send 

comments to the Office of Information 

and Regulatory Affairs, Attn: OMB Desk 

Officer for the Department of Labor— 

EBSA, Office of Management and 

Budget, Room 10235, Washington, DC 

20503, Telephone: 202–395–7316/Fax: 

202–395–6974 (these are not toll-free 

numbers), E-mail: 

OIRA_submission@omb.eop.gov. 

Comments and questions about the ICR 

listed below should be received 5 days 

prior to the requested OMB approval 

date. 

The OMB is particularly interested in 

comments which: 

• 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 

clarify 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 submissions 

of responses. 

Agency: Employee Benefits Security 

Administration. 

Title of Collection: Notice 

Requirements of the Health Care 

Continuation Coverage—American 

Recovery and Reinvestment Act of 2009 

Revision. 

OMB Control Number: 1210–0123. 

Frequency of Collection: On occasion. 

Affected Public: Individuals or 

households; Business or other for-profit; 

Not-for-profit institutions. 

Total Estimated Number of 

Respondents: 2.5 million. 

Total Estimated Annual Burden 

Hours: 0. 

Total Net Estimated Annual Costs 

Burden (other than hourly costs): $16.1 

million. 

Description: Section 3001 of the 

American Recovery and Reinvestment 

Act of 2009 (ARRA) provides 

‘‘Assistance Eligible Individuals’’ with 

the right to pay reduced COBRA 

premiums for up to 9 months. To be 

considered an ‘‘Assistance Eligible 

Individual’’ and receive premium 

reduction an individual must: (1) be 

eligible for, and elect, COBRA 

continuation coverage, (2) have 

experienced an involuntary termination 

of employment which led to the COBRA 

election opportunity, (3) have 

experienced the involuntary termination 

during the period beginning September 

1, 2008, and ending December 31, 2009. 

Individuals who experienced an 

involuntary termination of employment 

at any time between September 1, 2008, 

and February 16, 2009, and were 

offered, but did not elect, COBRA 

coverage or who elected COBRA and 

subsequently dropped it may have the 

right to an additional 60-day election 

period. 

ARRA section 3001(a)(7)(D) requires 

the Secretary of Labor to consult with 

the Secretaries of Treasury and Health 

and Human Services to develop model 

notices no later than 30 days after the 

date of enactment for use by group 

health plan and other entities, that, 

pursuant to ARRA, must provide notices 

to affected individuals regarding the 

availability of premium reductions and 

the additional election period for health 

care continuation coverage. The ICR 

relates to the issuance of the model 

notices. 

Why are we requesting Emergency 

Processing? If the Department were to 

comply with standard PRA clearance 

procedures, it would not be able to 

publish the model notices within 30 

days after the ARRA enactment date. 

Darrin A. King, 

Departmental Clearance Officer. 

[FR Doc. E9–4733 Filed 3–4–09; 8:45 am] 

BILLING CODE 4510–29–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Announcement Regarding States 

Triggering ‘‘On’’ to the Second-Tier of 

Emergency Unemployment 

Compensation 2008 (EUC08) 

AGENCY: Employment and Training 

Administration, Labor. 

ACTION: Notice. 


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