60480 Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Notices 

337 of the Tariff Act of 1930, as 

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

sections 210.42(h) and 210.43 of the 

Commission’s Rules of Practice and 

Procedure, 19 CFR 210.42(h), 210.43. 

By order of the Commission. 

Issued: September 24, 2010. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 2010–24565 Filed 9–29–10; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–686] 

In the Matter of Certain Bulk Welding 

Wire Containers and Components 

Thereof and Welding Wire; Notice of 

Commission Determination To ReviewIn-Part a Final Initial Determination and 

To Affirm the Finding of No Violation 

of Section 337; Termination of the 

Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to review a 

portion of the final initial determination 

(‘‘ID’’) issued by the presiding 

administrative law judge (‘‘ALJ’’) on July 

29, 2010 finding no violation of section 

337 in the above-captioned 

investigation, but to affirm his finding of 

no violation. 

FOR FURTHER INFORMATION CONTACT: Jia 

Chen, Office of the General Counsel, 

U.S. International Trade Commission, 

500 E Street, SW., Washington, DC 

20436, telephone (202) 708–4737. 

Copies of non-confidential 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, DC 20436, 

telephone (202) 205–2000. General 

information concerning the Commission 

may also be obtained by accessing its 

Internet server at http://www.usitc.gov. 

The public record for this investigation 

may be viewed on the Commission’s 

electronic docket (EDIS) at http:// 

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 instituted this investigation 

on September 8, 2009, based on a 

complaint filed by the Lincoln Electric 

Company of Cleveland, Ohio and 

Lincoln Global, Inc. of City of Industry, 

California (collectively, ‘‘Lincoln’’). 74 

FR 46223 (Sept. 8, 2009). The complaint 

alleged violations of Section 337 in the 

importation into the United States, the 

sale for importation, or the sale within 

the United States after importation of 

certain bulk welding wire containers, 

components thereof, and welding wire 

by reason of infringement of certain 

claims of United States Patent Nos. 

6,260,781; 6,648,141; 6,708,864 (‘‘the 

‘864 patent’’); 6,913,145; 7,309,038; 

7,398,881; and 7,410,111. ld. The 

amended complaint named the 

following respondents: Atlantic China 

Welding Consumables, Inc. of Sichuan, 

China (‘‘Atlantic’’); The ESAB Group, 

Inc. of Florence, South Carolina 

(‘‘ESAB’’); Hyundai Welding Co., Ltd. of 

Seoul, Korea (‘‘Hyundai’’); Kiswel Co., 

Ltd. of Seoul, Korea (‘‘Kiswel’’); and 

Sidergas SpA of Ambrogio (Verona), 

Italy (‘‘Sidergas’’). 74 FR 61706 (Nov. 25, 

2009). Respondents Hyundai, Kiswel, 

and Atlantic were subsequently 

terminated from the investigation, 

leaving ESAB and Sidergas as the only 

respondents remaining. In addition, all 

but the ‘864 patent were terminated 

from this investigation. 

On July 29, 2010, the ALJ issued a 

final ID finding no violation of Section 

337 by respondents ESAB or Sidergas. 

The ALJ concluded that none of the 

accused ESAB and Sidergas products 

infringe asserted claims 3, 4, 6, 12, or 13 

of the ‘864 patent. The ALJ further 

concluded that claim 3 of the ‘864 

patent is invalid under 35 U.S.C. 102(b) 

and that claims 4, 6, 12, and 13 of the 

‘864 patent are valid and enforceable. 

The ALJ did find that complainant 

satisfied both the technical and the 

economic prong of the domestic 

industry requirement with respect to the 

‘864 patent. On August 11, 2010, 

Lincoln filed a petition for review. On 

the same day, respondents ESAB and 

Sidergas filed a consolidated petition for 

review. The IA did not file a petition for 

review. 

Having examined the record of this 

investigation, including the ALJ’s final 

ID and the submissions of the parties, 

the Commission has determined to 

affirm the ALJ’s determination that there 

is no violation of Section 337. 

Specifically, the Commission has 

determined to affirm the ALJ’s 

determination that there is no literal 

infringement of the asserted claims. The 

Commission has also determined to 

affirm the ALJ’s determination that there 

is no infringement of the asserted claims 

under the doctrine of equivalents based 

on (1) the ALJ’s finding that substantial 

differences exist between the accused 

products and the asserted claims, and 

(2) the ALJ’s application of Johnson & 

Johnston Assoc. Inc. v. R.E. Services 

Co., 285 F.3d 1036 (Fed. Cir. 2002) (en 

banc). The Commission has determined 

to review the following four issues and 

to take no position on them: (1) The 

claim construction of the terms 

‘‘substantially lying in a single plane’’ 

recited in independent claim 3 and 

‘‘substantially in one plane’’ recited in 

independent claims 6 and 12; (2) the 

priority date of the asserted claims; (3) 

invalidity of claim 3 under 35 U.S.C. 

102(b); and (4) validity of claims 4, 6, 

12, and 13 under 35 U.S.C. 102(b). No 

other issues are being reviewed. 

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 

sections 210.42–46 and 210.50 of the 

Commission’s Rules of Practice and 

Procedure (19 C.F.R. 210.42–46 and 

210.50). 

By order of the Commission. 

Issued: September 24, 2010. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 2010–24566 Filed 9–29–10; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2010–0040] 

Concrete and Masonry Construction; 

Extension of the Office of Management 

and Budget’s (OMB) Approval of 

Information Collection (Paperwork) 

Requirements 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Request for public comment. 

SUMMARY: OSHA solicits public 

comments concerning its proposal to 

extend the Office of Management and 

Budget’s (OMB) approval of the 

information collection requirements 

specified in the Standard on Concrete 

and Masonry Construction (29 CFR part 

1926, subpart Q). 

DATES: Comments must be submitted 

(postmarked, sent, or received) by 

November 29, 2010. 

ADDRESSES: Electronically: You may 

submit comments and attachments 

electronically at http:// 

www.regulations.gov, which is the 

Federal eRulemaking Portal. Follow the 

instructions online for submitting 

comments. 

mstockstill on DSKH9S0YB1PROD with NOTICES6

Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Notices 60481 

Facsimile: If your comments, 

including attachments, are not longer 

than 10 pages, you may fax them to the 

OSHA Docket Office at (202) 693–1648. 

Mail, hand delivery, express mail, 

messenger, or courier service: When 

using this method, you must submit 

three copies of your comments and 

attachments to the OSHA Docket Office, 

Docket No. OSHA–2010–0040, U.S. 

Department of Labor, Occupational 

Safety and Health Administration, 

Room N–2625, 200 Constitution 

Avenue, NW., Washington, DC 20210. 

Deliveries (hand, express mail, 

messenger, and courier service) are 

accepted during the Department of 

Labor’s and Docket Office’s normal 

business hours, 8:15 a.m. to 4:45 p.m., 

e.t. 

Instructions: All submissions must 

include the Agency name and OSHA 

docket number (OSHA–2010–0040) for 

the Information Collection Request 

(ICR). All comments, including any 

personal information you provide, are 

placed in the public docket without 

change, and may be made available 

online at http://www.regulations.gov. 

For further information on submitting 

comments see the ‘‘Public Participation’’ 

heading in the section of this notice 

titled SUPPLEMENTARY INFORMATION. 

Docket: To read or download 

comments or other material in the 

docket, go to http://www.regulations.gov 

or the OSHA Docket Office at the 

address above. All documents in the 

docket (including this Federal Register 

notice) are listed in the http:// 

www.regulations.gov index; however, 

some information (e.g., copyrighted 

material) is not publicly available to 

read or download through the Web site. 

All submissions, including copyrighted 

material, are available for inspection 

and copying at the OSHA Docket Office. 

You may also contact Theda Kenney at 

the address below to obtain a copy of 

the ICR. 

FOR FURTHER INFORMATION CONTACT: 

Theda Kenney or Todd Owen, 

Directorate of Standards and Guidance, 

OSHA, U.S. Department of Labor, Room 

N–3609, 200 Constitution Avenue, NW., 

Washington, DC 20210; telephone (202) 

693–2222. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Department of Labor, as part of its 

continuing effort to reduce paperwork 

and respondent (i.e., employer) burden, 

conducts a preclearance consultation 

program to provide the public with an 

opportunity to comment on proposed 

and continuing information collection 

requirements in accordance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3506(c)(2)(A)). This program 

ensures that information is in the 

desired format, reporting burden (time 

and costs) is minimal, collection 

instruments are clearly understood, and 

OSHA’s estimate of the information 

collection burden is accurate. The 

Occupational Safety and Health Act of 

1970 (the OSH Act) (29 U.S.C. 651 et 

seq.) authorizes information collection 

by employers as necessary or 

appropriate for enforcement of the OSH 

Act or for developing information 

regarding the causes and prevention of 

occupational injuries, illnesses, and 

accidents (29 U.S.C. 657). The OSH Act 

also requires that OSHA obtain such 

information with minimum burden 

upon employers, especially those 

operating small businesses, and to 

reduce to the maximum extent feasible 

unnecessary duplication of efforts in 

obtaining information (29 U.S.C. 657). 

The warning signs/barriers required 

by paragraph 1926.701(c)(2) reduce 

exposure of non-essential workers to the 

hazards of post-tensioning operations, 

principally a failed rope or wire striking 

a worker and causing serious injury. 

The requirements to lockout and tag 

ejection systems and other hazardous 

equipment (e.g., compressors, mixers, 

screens or pumps used for concrete and 

masonry construction) specified by 

paragraphs 1926.702(a)(2), (j)(1), and 

(j)(2) warn equipment operators not to 

activate their equipment if another 

worker enters the equipment to perform 

a task (e.g., cleaning, inspecting, 

maintenance, repairing); thereby 

preventing serious injury or death. 

Construction contractors and workers 

use the drawings, plans, and designs 

required by paragraph 1926.703(a)(2), to 

provide specific instructions on how to 

construct, erect, brace, maintain, and 

remove shores and formwork if they 

pour concrete at the jobsite. Paragraph 

1926.705(b) requires employers to mark 

the rated capacity of jacks and lifting 

units. This requirement prevents 

overloading and subsequent collapse of 

jacks and lifting units, as well as their 

loads, thereby sparing exposed workers 

from serious injury and death. 

II. Special Issues for Comment 

OSHA has a particular interest in 

comments on the following issues: 

• Whether the proposed information 

collection requirements are necessary 

for the proper performance of the 

Agency’s functions, including whether 

the information is useful; 

• The accuracy of OSHA’s estimate of 

the burden (time and costs) of the 

information collection requirements, 

including the validity of the 

methodology and assumptions used; 

• The quality, utility, and clarity of 

the information collected; and 

• Ways to minimize the burden on 

employers who must comply; for 

example, by using automated or other 

technological information collection 

and transmission techniques. 

III. Proposed Actions 

OSHA is requesting an adjustment 

decrease of 3,485 burden hours (from 

15,088 hours to 11,603 hours). The 

decrease is a result of the decreased 

number of construction worksites from 

2.43 million to 725,199. 

Type of Review: Extension of a 

currently approved collection. 

Title: Concrete and Masonry 

Construction (29 CFR part 1926, subpart 

Q). 

OMB Number: 1218–0095. 

Affected Public: Business or other forprofits. 

Number of Respondents: 145,040. 

Frequency: On occasion. 

Average Time per Response: Five 

minutes (.08 hour) to post or place 

warning signs, locks, or tags. 

Estimated Total Burden Hours: 

11,603. 

Estimated Cost (Operation and 

Maintenance): $0. 

IV. Public Participation—Submission of 

Comments on This Notice and Internet 

Access to Comments and Submissions 

You may submit comments in 

response to this document as follows: 

(1) Electronically at http:// 

www.regulations.gov, which is the 

Federal eRulemaking Portal; (2) by 

facsimile (fax); or (3) by hard copy. All 

comments, attachments, and other 

material must identify the Agency name 

and the OSHA docket number for the 

ICR (Docket No. OSHA–2010–0040). 

You may supplement electronic 

submissions by uploading document 

files electronically. If you wish to mail 

additional materials in reference to an 

electronic or facsimile submission, you 

must submit them to the OSHA Docket 

Office (see the section of this notice 

titled ADDRESSES). The additional 

materials must clearly identify your 

electronic comments by your name, 

date, and the docket number so the 

Agency can attach them to your 

comments. 

Because of security procedures, the 

use of regular mail may cause a 

significant delay in the receipt of 

comments. For information about 

security procedures concerning the 

delivery of materials by hand, express 

delivery, messenger, or courier service, 

please contact the OSHA Docket Office 

mstockstill on DSKH9S0YB1PROD with NOTICES6

60482 Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Notices 

at (202) 693–2350, (TTY (877) 889– 

5627). 

Comments and submissions are 

posted without change at http:// 

www.regulations.gov. Therefore, OSHA 

cautions commenters about submitting 

personal information such as social 

security numbers and date of birth. 

Although all submissions are listed in 

the http://www.regulations.gov index, 

some information (e.g., copyrighted 

material) is not publicly available to 

read or download through this Web site. 

All submissions, including copyrighted 

material, are available for inspection 

and copying at the OSHA Docket Office. 

Information on using the http:// 

www.regulations.gov Web site to submit 

comments and access the docket is 

available at the Web site’s ‘‘User Tips’’ 

link. Contact the OSHA Docket Office 

for information about materials not 

available through the Web site, and for 

assistance in using the Internet to locate 

docket submissions. 

V. Authority and Signature 

David Michaels, PhD, MPH, Assistant 

Secretary of Labor for Occupational 

Safety and Health, directed the 

preparation of this notice. The authority 

for this notice is the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3506 

et seq.) and Secretary of Labor’s Order 

No. 5–2007 (72 FR 31160). 

Signed at Washington, DC on September 

27, 2010. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2010–24560 Filed 9–29–10; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

Proposed Extension of Information 

Collection Request Submitted for 

Public Comment; Affordable Care Act 

Enrollment Opportunity Notice 

Relating to Dependent Coverage; 

Affordable Care Act Grandfathered 

Health Plan Disclosure and 

Recordkeeping Requirement; 

Affordable Care Act Rescission Notice; 

Affordable Care Act Patient 

Protections Notice; Affordable Care 

Act Enrollment Opportunity Notice— 

Prohibition on Lifetime Limits 

AGENCY: Employee Benefits Security 

Administration, Department of Labor. 

ACTION: Notice. 

SUMMARY: The Department of Labor (the 

Department), in accordance with the 

Paperwork Reduction Act of 1995 (PRA 

95) (44 U.S.C. 3506(c)(2)(A)), provides 

the general public and Federal agencies 

with an opportunity to comment on 

proposed and continuing collections of 

information. This helps the Department 

assess the impact of its information 

collection requirements and minimize 

the public’s reporting burden. It also 

helps the public understand the 

Department’s information collection 

requirements and provide the requested 

data in the desired format. The 

Employee Benefits Security 

Administration (EBSA) is soliciting 

comments on the proposed extension of 

the information collection provisions of 

the regulations under the Patient 

Protection and Affordable Care Act 

(Affordable Care Act) that are discussed 

below. A copy of the information 

collection requests (ICRs) may be 

obtained by contacting the office listed 

in the ADDRESSES section of this notice. 

ICRs also are available at reginfo.gov 

(http://www.reginfo.gov/public/do/ 

PRAMain). 

DATES: Written comments must be 

submitted to the office shown in the 

Addresses section on or before 

November 29, 2010. 

ADDRESSES: G. Christopher Cosby, 

Department of Labor, Employee Benefits 

Security Administration, 200 

Constitution Avenue, NW., Washington, 

DC 20210, (202) 693–8410, FAX (202) 

693–4745 (these are not toll-free 

numbers). 

SUPPLEMENTARY INFORMATION: 

This notice requests public comment 

on the Department’s request for 

extension of the Office of Management 

and Budget’s (OMB) approval of the 

information collection requests (ICRs) 

contained in the rules described below 

that relate to the Affordable Care Act. 

OMB approved the ICRs under the 

emergency procedures 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. The Department is not 

proposing any changes to the existing 

ICRs at this time. An agency may not 

conduct or sponsor, and a person is not 

required to respond to, an information 

collection unless it displays a valid 

OMB control number. A summary of the 

ICRs and the current burden estimates 

follows: 

Agency: Employee Benefits Security 

Administration, Department of Labor. 

Title: Affordable Care Act Enrollment 

Opportunity Notice Relating to 

Dependent Coverage. 

Type of Review: Extension without 

change of a currently approved 

collection of information. 

OMB Number: 1210–0139. 

Affected Public: Individuals or 

households; Business or other for-profit; 

Not-for-profit institutions. 

Respondents: 2,800,000. 

Responses: 79,573,000. 

Estimated Total Burden Hours: 

411,000. 

Estimated Total Burden Cost 

(Operating and Maintenance): 

$1,233,500. 

Description: Section 2714 of the 

Public Health Service Act (PHS Act), as 

added by the Affordable Care Act, and 

the Department’s interim final 

regulation (29 CFR 2590.715–2714) 

require group health plans and health 

insurance insurers offering group or 

individual health insurance coverage 

that makes dependent coverage 

available for children to continue to 

make coverage available to such 

children until the attainment of age 26. 

Coverage does not have to be extended 

to children of a child receiving 

dependent coverage. For plan years 

beginning on or after September 23, 

2010 and before January 1, 2014, a 

grandfathered group health plan is not 

required to offer coverage to a 

dependent child under 26 who is 

otherwise eligible for employersponsored insurance. For plans with 

initial years on or after January 1, 2014, 

the plan must offer coverage regardless 

of whether the dependent child is 

otherwise eligible for coverage through 

employer sponsored insurance. 

Before the applicability date of PHS 

Act section 2714, an individual who 

was covered under a group health plan 

(or group health insurance coverage) as 

a dependent may have lost eligibility for 

coverage under the plan due to age 

before attaining age 26. Moreover, if a 

child was under age 26 when a parent 

first became eligible for coverage, but 

older than the age at which the plan 

stopped covering children, the child 

would not have become eligible for 

coverage. When the provisions of PHS 

Act section 2714 become applicable to 

the plan (or coverage), the plan or 

coverage can no longer exclude coverage 

for the individual until age 26. 

Accordingly, the interim final 

regulation (29 CFR 2590.715–2714(f)) 

requires plans to provide a notice of an 

enrollment opportunity to individuals 

whose coverage ended, or who was 

denied coverage (or was not eligible for 

coverage) under a group health plan or 

group health insurance coverage 

because, under the terms of the plan or 

coverage, the availability of dependent 

coverage of children ended before the 

attainment of age 26. The Affordable 

Care Act dependent coverage 

enrollment opportunity notice is an 

mstockstill on DSKH9S0YB1PROD with NOTICES6