Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices 38987 

a permit is necessary and, as required by 

the National Environmental Policy Act, 

an environmental report and/or an 

environmental impact statement. To 

date, the Board has not received any 

applications under these rules. 

Under 49 CFR 1155.20, an applicant 

is required to file a notice of intent to 

apply for a land-use-exemption permit 

before filing its application. A suggested 

form for this notice may be found in 

Appendix A to 49 CFR part 1155. 

Further, under 49 CFR 1155.21(e), an 

application must include a draft Federal 

Register notice. A suggested form for the 

draft Federal Register notice may be 

found at Appendix B to part 1155. 

This collection is needed to develop 

a record in land-use-exemption-permit 

proceedings, a process mandated by 

Congress in the CRA. The Board uses 

the information in this collection to 

accurately assess the merits of a permit 

application. 

Under the PRA, a federal agency that 

conducts or sponsors a collection of 

information must display a currently 

valid OMB control number. A collection 

of information, which is defined in 44 

U.S.C. 3502(3) and 5 CFR 1320.3(c), 

includes agency requirements that 

persons submit reports, keep records, or 

provide information to the agency, third 

parties, or the public. Under 44 U.S.C. 

3506(c)(2)(A), federal agencies are 

required to provide, prior to an agency’s 

submitting a collection to OMB for 

approval, a 60-day notice and comment 

period through publication in the 

Federal Register concerning each 

proposed collection of information, 

including each proposed extension of an 

existing collection of information. 

Dated: August 11, 2017. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2017–17306 Filed 8–15–17; 8:45 am] 

BILLING CODE 4915–01–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

[Docket Number USTR–2017–0015] 

2017 Special 301 Out-of-Cycle Review 

of Notorious Markets: Comment 

Request 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Request for comments. 

SUMMARY: The Office of the United 

States Trade Representative (USTR) 

requests written comments that identify 

online and physical markets based 

outside the United States that should be 

included in the 2017 Notorious Markets 

List (List). Conducted under the 

auspices of the Special 301 program, the 

List identifies online and physical 

marketplaces that reportedly engage in 

and facilitate substantial copyright 

piracy and trademark counterfeiting. In 

2010, USTR began publishing the 

Notorious Markets List separately from 

the annual Special 301 Report as an 

‘‘Out-of-Cycle Review.’’ 

DATES: 

October 2, 2017 at midnight EST: 

Deadline for submission of written 

comments. 

October 16, 2017 at midnight EST: 

Deadline for submission of rebuttal 

comments and other information USTR 

should consider during the review. 

ADDRESSES: You should submit written 

comments through the Federal 

eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments in 

section III below. For alternatives to online submissions, please contact USTR 

at Special301@ustr.eop.gov before 

transmitting a comment and in advance 

of the relevant deadline. 

FOR FURTHER INFORMATION CONTACT: 

Christine Peterson, Director for 

Intellectual Property and Innovation, at 

Special301@ustr.eop.gov. You can find 

information about the Special 301 

Review, including the Notorious 

Markets List, at www.USTR.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The United States is concerned with 

trademark counterfeiting and copyright 

piracy on a commercial scale because 

they cause significant financial losses 

for rights holders, legitimate businesses 

and governments, undermine critical 

U.S. comparative advantages in 

innovation and creativity to the 

detriment of American workers, and 

potentially pose significant risks to 

consumer health and safety as well as 

privacy and security. The Notorious 

Markets List identifies select online and 

physical marketplaces that reportedly 

engage in or facilitate substantial 

copyright piracy and trademark 

counterfeiting. 

Beginning in 2006, USTR identified 

notorious markets in the annual Special 

301 Report. In 2010, pursuant to the 

Administration’s 2010 Joint Strategic 

Plan on Intellectual Property 

Enforcement, USTR announced that it 

would publish the List as an Out-ofCycle Review, separate from the annual 

Special 301 Report. USTR published the 

first List in February 2011. USTR 

develops the annual List based upon 

public comments solicited through the 

Federal Register and in consultation 

with other Federal agencies that serve 

on the Special 301 Subcommittee of the 

Trade Policy Staff Committee. 

The United States encourages owners 

and operators of markets reportedly 

involved in piracy and counterfeiting to 

adopt business models that rely on the 

licensed distribution of legitimate 

content and products and to work with 

rights holders and enforcement officials 

to address infringement. USTR also 

encourages responsible government 

authorities to intensify their efforts to 

investigate reports of piracy and 

counterfeiting in such markets, and to 

pursue appropriate enforcement actions. 

The List does not purport to reflect 

findings of legal violations, nor does it 

reflect the United States Government’s 

analysis of the general intellectual 

property rights (IPR) protection and 

enforcement climate in the country or 

countries concerned. For an analysis of 

the IPR climate in particular countries, 

please refer to the annual Special 301 

Report, published each spring no later 

than 30 days after USTR submits the 

National Trade Estimate to Congress. 

II. Public Comments 

USTR invites written comments 

concerning examples of online and 

physical notorious markets, including 

foreign trade zones that allegedly 

facilitate substantial trademark 

counterfeiting and copyright piracy. To 

facilitate the review, written comments 

should be as detailed as possible. 

Comments must clearly identify the 

market and the reasons why the 

commenter believes that the market 

should be included in the List. 

Commenters should include the 

following information, as applicable: 

• If a physical market, the market’s 

name and location, e.g., common name, 

street address, neighborhood, shopping 

district, city, etc., and the identity of the 

principal owners/operators. 

• If an online market: 

Æ The domain name(s) past and 

present, available registration 

information, and name(s) and 

location(s) of the hosting provider(s) 

and operator(s). 

Æ Information on the volume of 

Internet traffic associated with the Web 

site, including number of visitors and 

page views, average time spent on the 

site, estimate of the number of 

infringing goods offered, sold or traded 

and number of infringing files streamed, 

shared, seeded, leeched, downloaded, 

uploaded or otherwise distributed or 

reproduced, and global or country 

popularity rating (e.g., Alexa rank). 

Æ Revenue sources such as sales, 

subscriptions, donations, upload 

incentives, or advertising and the 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
38988 Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices 

methods by which that revenue is 

collected. 

• Whether the market is owned, 

operated or otherwise affiliated with a 

government entity. 

• Types of counterfeit or pirated 

products or services sold, traded, 

distributed or otherwise made available 

at that market. 

• Volume of counterfeit or pirated 

goods or services or other indicia of a 

market’s scale, reach or relative 

significance in a given geographic area 

or with respect to a category of goods or 

services. 

• Estimates of economic harm to right 

holders resulting from the piracy or 

counterfeiting and a description of the 

methodology used to calculate the harm. 

• Whether the volume of counterfeit 

or pirated goods or estimates of harm 

has increased or decreased from 

previous years, and an approximate 

calculation of that increase or decrease 

for each year. 

• Whether the infringing goods or 

services sold, traded, distributed or 

made available pose a risk to public 

health or safety. 

• Any known contractual, civil, 

administrative or criminal enforcement 

activity against the market and the 

outcome of that enforcement activity. 

• Additional actions taken by rights 

holders against the market such as 

takedown notices, requests to sites to 

remove URLs or infringing content, 

cease and desist letters, warning letters 

to landlords and requests to enforce the 

terms of their leases, requests to 

providers to enforce their terms of 

service or terms of use, and the outcome 

of these actions. 

• Additional actions taken by the 

market owners or operators to remove, 

limit or discourage the availability of 

counterfeit or pirated goods or services, 

including policies to prevent or remove 

access to such goods or services, or to 

disable seller or user accounts; the 

effectiveness of market policies and 

guidelines in addressing counterfeiting 

and piracy; and the level of cooperation 

with right holders and law enforcement. 

• Any other additional information 

relevant to the review. 

III. Submission Instructions 

All submissions must be in English 

and sent electronically via 

www.regulations.gov. To submit 

comments, locate the docket (folder) by 

entering the docket number USTR– 

2017–0015 in the ‘‘Enter Keyword or IP’’ 

window at the regulations.gov 

homepage and click ‘‘Search.’’ The site 

will provide a search-results page listing 

all documents associated with this 

docket. Locate the reference to this 

notice by selecting ‘‘Notice’’ under 

‘‘Document Type’’ on the left side of the 

search-results page, and click on the 

link entitled ‘‘Comment Now!’’ You 

should provide comments in an 

attached document, and name the file 

according to the following protocol, as 

appropriate: Commenter Name or 

Organization_2017 Notorious Markets 

OCR. Please include the following 

information in the ‘‘Type Comment’’ 

field: ‘‘2017 Out-of-Cycle Review of 

Notorious Markets.’’ USTR prefers 

submissions in Microsoft Word (.doc) or 

Adobe Acrobat (.pdf) format. If the 

submission is in another file format, 

please indicate the name of the software 

application in the ‘‘Type Comment’’ 

field. For further information on using 

the www.regulations.gov Web site, 

please select ‘‘How to Use 

Regulations.gov’’ on the bottom of any 

page. 

Please do not attach separate cover 

letters to electronic submissions; rather, 

include any information that might 

appear in a cover letter in the comments 

themselves. Similarly, to the extent 

possible, please include any exhibits, 

annexes, or other attachments in the 

same file as the comment itself, rather 

than submitting them as separate files. 

For any comment submitted 

electronically that contains business 

confidential information, the file name 

of the business confidential version 

should begin with the characters ‘‘BC’’. 

Any page containing business 

confidential information must be clearly 

marked ‘‘BUSINESS CONFIDENTIAL’’ 

on the top of that page and the 

submission should clearly indicate, via 

brackets, highlighting, or other means, 

the specific information that is business 

confidential. A filer requesting business 

confidential treatment must certify that 

the information is business confidential 

and would not customarily be released 

to the public by the submitter. 

Additionally, the submitter should type 

‘‘Business Confidential 2017 Out-ofCycle Review of Notorious Markets’’ in 

the ‘‘Comment’’ field. 

Filers of comments containing 

business confidential information also 

must submit a public version of their 

comments. The file name of the public 

version should begin with the character 

‘‘P’’. The non-business confidential 

version will be placed in the docket at 

www.regulations.gov and be available 

for public inspection. 

As noted, USTR strongly urges 

submitters to file comments through 

www.regulations.gov. You must make 

any alternative arrangements in advance 

of the relevant deadline and before 

transmitting a comment by contacting 

USTR at Special301@ustr.eop.gov. 

We will post comments in the docket 

for public inspection, except business 

confidential information. You can view 

comments on the https://

www.regulations.gov Web site by 

entering docket number USTR–2017– 

0015 in the search field on the home 

page. 

Elizabeth Kendall, 

Acting Assistant U.S. Trade Representative 

for Innovation and Intellectual Property, 

Office of the United States Trade 

Representative. 

[FR Doc. 2017–17287 Filed 8–15–17; 8:45 am] 

BILLING CODE 3290–F7–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2017–0006] 

Agency Information Collection 

Activities; Reinstatement of an 

Information Collection: Practices of 

Household Goods Brokers 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, 

FMCSA announces its plan to submit 

the Information Collection Request (ICR) 

described below to the Office of 

Management and Budget (OMB) for 

reinstatement and approval and invites 

public comment. The FMCSA requests 

approval to reinstate, with changes, the 

ICR titled ‘‘Practices of Household 

Brokers’’ to no longer include one-time 

costs previously incurred by brokers, 

and to update other wage related costs 

that have changed since the last 

approval. This ICR requires 

reinstatement because the previous ICR 

expired on July 31, 2017, before the ICR 

renewal request could be submitted to 

OMB for approval. The reinstatement of 

this ICR is necessary, and FMCSA’s 

responsibility to ensure consumer 

protection in the transportation of 

household goods (HHG). 

DATES: Please send your comments by 

September 15, 2017. OMB must receive 

your comments by this date in order to 

act quickly on the ICR. 

ADDRESSES: All comments should 

reference Federal Docket Management 

System (FDMS) Docket Number 

FMCSA–2017–0006. Interested persons 

are invited to submit written comments 

on the proposed information collection 

to the Office of Information and 

Regulatory Affairs, Office of 


asabaliauskas on DSKBBXCHB2PROD with NOTICES