81_FR_1208 81 FR 1202 - Proposed Information Collection; Commercial Use Authorizations

81 FR 1202 - Proposed Information Collection; Commercial Use Authorizations

DEPARTMENT OF INTERIOR
National Park Service

Federal Register Volume 81, Issue 6 (January 11, 2016)

Page Range1202-1204
FR Document2016-00333

We (National Park Service, NPS) will ask the Office of Management and Budget (OMB) to approve the information collection described below. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this IC. This IC is scheduled to expire on August 31, 2016. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a valid OMB control number.

Federal Register, Volume 81 Issue 6 (Monday, January 11, 2016)
[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Notices]
[Pages 1202-1204]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00333]


-----------------------------------------------------------------------

DEPARTMENT OF INTERIOR

National Park Service

[NPS-WASO-BSD-CONC-20037; PPWOBSADC0, PPMVSCS1Y.Y00000 (166)]


Proposed Information Collection; Commercial Use Authorizations

Agency: National Park Service, Interior.

Action: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: We (National Park Service, NPS) will ask the Office of 
Management and Budget (OMB) to approve the information collection 
described below. As required by the Paperwork Reduction Act of 1995 and 
as part of our continuing efforts to reduce paperwork and respondent 
burden, we invite the general public and other Federal agencies to take 
this opportunity to comment on this IC. This IC is scheduled to expire 
on August 31, 2016. We may not conduct or sponsor and a person is not 
required to respond to a collection of information unless it displays a 
valid OMB control number.

DATES: To ensure we are able to consider your comments, we must receive 
them on or before March 11, 2016.

ADDRESSES: Please send your comments on the ICR to Madonna L. Baucum, 
Information Collection Clearance Officer, National Park Service, 12201 
Sunrise Valley Drive, Room 2C114, Mail Stop 242, Reston, VA 20192 
(mail); or madonna_baucum@nps.gov (email). Please reference OMB Control 
Number ``1024-0268, CUA'' in the subject line of your comments.

FOR FURTHER INFORMATION CONTACT: Samantha Towery, National Park 
Service, 12795 West Alameda Parkway, Lakewood, CO 80228; by fax at 303/
987-6901; or via email at Samantha_Towery@nps.gov.

SUPPLEMENTARY INFORMATION:

I. Abstract

    The purpose of this information collection is to assist the NPS in 
managing the Commercial Use Authorization Program. Conducting 
commercial operations in a unit of the National Park System without a 
contract, permit, commercial use authorization, or some other written 
agreement is prohibited. Section 418, Public Law 105-391 (54 U.S.C. 
101925) gives the Secretary of the Interior the authority to authorize 
a private person, corporation, or other entity to provide services to 
visitors in units of the National Park System through a Commercial Use 
Authorization (CUA). Such authorizations are not considered concession 
contracts. We authorize commercial operations that originate and 
operate entirely within a park (in-park); commercial operations that 
provide services originating and terminating outside of the park 
boundaries; organized children's camps, outdoor clubs, and nonprofit 
institutions; and other uses as the

[[Page 1203]]

Secretary determines appropriate. The commercial operations include a 
range of services, such as mountain climbing guides, boat repair 
services, transportation services and tours, canoe livery operations, 
hunting guides, retail sales, equipment rentals, catering services, and 
dozens of other visitor services.
    Section 418 limits CUAs to:
     Commercial operations with annual gross receipts of not 
more than $25,000 resulting from services originating and provided 
solely within a unit of the National Park System;
     Incidental use of resources of the unit by commercial 
operations which provide services originating and terminating outside 
of the boundaries of the unit; or
     Uses by organized children's camps, outdoor clubs and 
nonprofit institutions (including back country use) and such other uses 
as the Secretary determines appropriate.
    The legislative mandate of the NPS, found at 54 U.S.C. 1100101, is 
to preserve America's natural wonders unimpaired for future 
generations, while also making them available for the enjoyment of 
visitors. Meeting this mandate requires the NPS to balance preservation 
with use. Maintaining a good balance requires both information and 
limits. The information requested will allow the unit manager to 
evaluate requests for a commercial use to determine impact on the 
resources and the appropriateness of the activity.
    We collect information on the CUA Application (Form 10-550), the 
CUA Annual Report (Form 10-660), and CUA Monthly Report (Form 10-660A). 
We use the information from these forms to:
     Manage the program and operations.
     Determine the qualifications and abilities of the 
commercial operators to provide a high quality, safe, and enjoyable 
experience for park visitors.
     Determine the impact on the parks natural and cultural 
resources.
     Manage the use and impact of multiple operators.
    The information requested will allow the NPS to evaluate requests 
for a commercial use authorization and determine the suitability of the 
applicants to safely and effectively provide an appropriate service to 
the visiting public. It will also enable the NPS to manage the activity 
in a manner that protects the natural and cultural resources and the 
park visitor. Management includes, but is not limited to, managing the 
number of permits issued, determining the location and time that the 
activity occurs, and requiring the appropriate visitor protections 
including insurance, equipment, training, and procedures.
    Regulations resulting in information collection required for a 
Commercial Use Authorization:

36 CFR 1.6--Permits
36 CFR 2--Resource Protection, Public Use and Recreation
36 CFR 5--Commercial and Private Operations
36 CFR 7--Special Regulations
36 CFR 13--National Park System Units in Alaska

II. Data

    OMB Number: 1024-0268.
    Title: Commercial Use Authorization.
    Form(s): 10-550, ``Commercial Use Authorization Application and 
Instructions'', 10-660, ``Commercial Use Authorization Annual Report 
and Instructions'', and 10-660A, ``Commercial Use Authorization Monthly 
Report and Instructions''.
    Type of Request: Extension of a Currently Approved Collection.
    Description of Respondents: Respondents will be individuals or 
small businesses that wish to provide a commercial service to visitors 
in areas of the National Park System.
    Respondent Obligation: Mandatory.
    Estimated Total Annual Burden Hours:

----------------------------------------------------------------------------------------------------------------
                                            Annual          Total annual    Average time  per     Total annual
                                         respondents         responses      response  (hours)     burden hours
----------------------------------------------------------------------------------------------------------------
                   Form 10-550, ``Commercial Use Authorization Application and Instructions''
----------------------------------------------------------------------------------------------------------------
Individual..........................                100                100                2.5                250
Private Sector......................              5,150              5,150                2.5             12,875
----------------------------------------------------------------------------------------------------------------
                  Form 10-660, ``Commercial Use Authorization Annual Report and Instructions''
----------------------------------------------------------------------------------------------------------------
Individual..........................                100                100                  8                125
Private Sector......................              7,000              7,000                  8              8,750
----------------------------------------------------------------------------------------------------------------
                 Form 10-660A, ``Commercial Use Authorization Monthly Report and Instructions''
----------------------------------------------------------------------------------------------------------------
Individual..........................                100                900                .75                675
Private Sector......................              7,000             63,000                .75             47,250
                                     ---------------------------------------------------------------------------
    Totals:.........................             12,350             12,350  .................             69,925
----------------------------------------------------------------------------------------------------------------

    Estimated Annual Nonhour Burden Cost: $525,000 ($100 x 5,250 Forms 
10-550, ``Commercial Use Authorization Application and Instructions'' 
per year).

III. Comments

    We invite comments concerning this information collection on:
     Whether or not the collection of information is necessary, 
including whether or not the information will have practical utility;
     The accuracy of the burden for this collection of 
information;
     Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
     Ways to minimize the burden to respondents, including use 
of automated information techniques or other forms of information 
technology.
    Please note that the comments submitted in response to this notice 
are a matter of public record. We will include or summarize each 
comment in our request to OMB to approve this IC. 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 it will be done.


[[Page 1204]]


    Dated: January 4, 2016.
Madonna L. Baucum,
Information Collection Clearance Officer, National Park Service.
[FR Doc. 2016-00333 Filed 1-8-16; 8:45 am]
 BILLING CODE 4310-EH-P



                                                1202                           Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices

                                                  Dated: January 4, 2016.                               T. 6 N., R. 3 E.,                                            Notice and request for
                                                                                                                                                               ACTION:
                                                Michael O. Harmening,                                     Secs. 5 through 8, 17 through 20, 29, and            comments.
                                                Chief Cadastral Surveyor, Nevada.                            30.
                                                                                                        T. 7 N., R. 3 E.,                                      SUMMARY:   We (National Park Service,
                                                [FR Doc. 2016–00318 Filed 1–8–16; 8:45 am]                Secs. 30 and 31;                                     NPS) will ask the Office of Management
                                                BILLING CODE 4310–HC–P                                    Sec. 32, except that portion within MS               and Budget (OMB) to approve the
                                                                                                             6715;                                             information collection described below.
                                                                                                          Sec. 33.                                             As required by the Paperwork
                                                DEPARTMENT OF THE INTERIOR                              T. 4 N., R. 4 E.,
                                                                                                          Secs. 1 through 11, 15, and 17;
                                                                                                                                                               Reduction Act of 1995 and as part of our
                                                Bureau of Land Management                                 Sec. 18, lot 1 in NW1⁄4, lot 2 in NW1⁄4, and         continuing efforts to reduce paperwork
                                                                                                             NE1⁄4;                                            and respondent burden, we invite the
                                                [LLCAD08000 L12200000.EA0000 241A; ]                      Sec. 20, lots 1 through 8;                           general public and other Federal
                                                                                                          Secs. 21 through 24, 26, 27, and 28.                 agencies to take this opportunity to
                                                Notice of Temporary Closures of                         T. 5 N., R. 4 E.,                                      comment on this IC. This IC is
                                                Public Lands for the King of the                          Secs. 18, 19, and 29 through 32.                     scheduled to expire on August 31, 2016.
                                                Hammers Race in San Bernardino                          T. 4 N., R. 5 E.,                                      We may not conduct or sponsor and a
                                                County, CA                                                Secs. 2 through 6, 8 and 9;                          person is not required to respond to a
                                                                                                          Sec. 10, unsurveyed;
                                                AGENCY:   Bureau of Land Management,                                                                           collection of information unless it
                                                                                                          Secs. 11 and 12;
                                                Interior.                                                 Secs. 13, 14, and 15, all unsurveyed;                displays a valid OMB control number.
                                                ACTION: Notice.                                           Sec. 16;                                             DATES: To ensure we are able to
                                                                                                          Secs. 17, 20 through 24, 26 through 29, and          consider your comments, we must
                                                SUMMARY:   As authorized under the                           32 through 35, all unsurveyed.                    receive them on or before March 11,
                                                provisions of the Federal Land Policy                   T. 5 N., R. 5 E.,                                      2016.
                                                and Management Act of 1976, the                           Secs. 32 and 34.
                                                                                                                                                               ADDRESSES: Please send your comments
                                                Bureau of Land Management (BLM) is                        The area described aggregates 71,065 acres,
                                                giving notice that certain public lands                 more or less, in San Bernardino County,
                                                                                                                                                               on the ICR to Madonna L. Baucum,
                                                near Twentynine Palms, California, will                 California.                                            Information Collection Clearance
                                                be temporarily closed to all public use                                                                        Officer, National Park Service, 12201
                                                                                                          The closure notice and a map of the                  Sunrise Valley Drive, Room 2C114, Mail
                                                to provide for public safety during the                 closure area will be posted at the
                                                2016 King of the Hammers Race Event.                                                                           Stop 242, Reston, VA 20192 (mail); or
                                                                                                        Barstow Field Office and on the BLM                    madonna_baucum@nps.gov (email).
                                                DATES: Closure periods to all public use                Web site: http://www.blm.gov/ca/st/en/                 Please reference OMB Control Number
                                                are January 31, 2016, through February                  fo/barstow_field.html. Roads leading                   ‘‘1024–0268, CUA’’ in the subject line of
                                                6, 2016.                                                into the public lands under closure will               your comments.
                                                FOR FURTHER INFORMATION CONTACT:                        be posted to notify the public of the                  FOR FURTHER INFORMATION CONTACT:
                                                Brian Bellew, (916) 978–4653, email:                    closure.                                               Samantha Towery, National Park
                                                bbellew@blm.gov.                                          Exceptions: Closure restrictions do                  Service, 12795 West Alameda Parkway,
                                                SUPPLEMENTARY INFORMATION: This                         not apply to event officials, event                    Lakewood, CO 80228; by fax at 303/
                                                closure applies to all public use,                      participants, registered spectators,                   987–6901; or via email at
                                                including pedestrian use and vehicles.                  medical and rescue personnel, law                      Samantha_Towery@nps.gov.
                                                The public lands affected by this closure               enforcement, and agency personnel
                                                                                                        monitoring the events.                                 SUPPLEMENTARY INFORMATION:
                                                are described as follows:
                                                                                                          Enforcement: Any person who                          I. Abstract
                                                Land Description                                        violates this closure may be tried before
                                                                                                                                                                  The purpose of this information
                                                San Bernardino Meridian                                 a United States Magistrate and fined in
                                                                                                                                                               collection is to assist the NPS in
                                                T. 5 N., R. 2 E.,                                       accordance with 18 U.S.C. 3571 and
                                                                                                                                                               managing the Commercial Use
                                                  Secs. 1, 2, 11, 12, and 13.                           imprisoned for no more than 12 months
                                                                                                                                                               Authorization Program. Conducting
                                                T. 6 N., R. 2 E.,                                       under 43 U.S.C. 1733(a) and 43 CFR
                                                  Secs. 1, 12, 13, 14, 23 through 27, 34, and                                                                  commercial operations in a unit of the
                                                                                                        8360.0–7, or both. In accordance with
                                                     35.                                                                                                       National Park System without a
                                                                                                        43 CFR 8365.1–7, State or local officials
                                                T. 4 N., R. 3 E.,                                                                                              contract, permit, commercial use
                                                                                                        may also impose penalties for violations
                                                  Sec. 1, lot 1 in NE1⁄4, lot 2 in NE1⁄4, lot 1                                                                authorization, or some other written
                                                                                                        of California law.
                                                     in NW1⁄4, lot 2 in NW1⁄4, NW1⁄4SW1⁄4,                                                                     agreement is prohibited. Section 418,
                                                     and SE1⁄4;                                           Authority: 43 CFR 8360.0–7 and 8364.1                Public Law 105–391 (54 U.S.C. 101925)
                                                  Sec. 2;                                                                                                      gives the Secretary of the Interior the
                                                  Sec. 12, N1⁄2 and SE1⁄4.                              Thomas Pogacnik,
                                                                                                        Deputy State Director for Resources.
                                                                                                                                                               authority to authorize a private person,
                                                T. 5 N., R. 3 E.,
                                                  Secs. 5 and 6;
                                                                                                                                                               corporation, or other entity to provide
                                                                                                        [FR Doc. 2016–00303 Filed 1–8–16; 8:45 am]
                                                  Sec. 7, unsurveyed;                                                                                          services to visitors in units of the
                                                                                                        BILLING CODE 4310–40–P
                                                  Sec. 8, E1⁄2 and W1⁄2, unsurveyed;                                                                           National Park System through a
                                                  Secs. 13 and 14;                                                                                             Commercial Use Authorization (CUA).
                                                  Sec. 17, NE1⁄4, W1⁄2, unsurveyed, and SE1⁄4,
                                                                                                        DEPARTMENT OF INTERIOR                                 Such authorizations are not considered
                                                     unsurveyed;                                                                                               concession contracts. We authorize
                                                  Secs. 18, 19, and 20;                                                                                        commercial operations that originate
ebenthall on DSK6SPTVN1PROD with NOTICES




                                                                                                        National Park Service
                                                  Sec. 21, E1⁄2 and W1⁄2, unsurveyed;                                                                          and operate entirely within a park (in-
                                                  Secs. 22 through 28;                                  [NPS–WASO–BSD–CONC–20037;                              park); commercial operations that
                                                  Sec. 29, NE1⁄4, W1⁄2, unsurveyed, and SE1⁄4,          PPWOBSADC0, PPMVSCS1Y.Y00000 (166)]
                                                     unsurveyed;
                                                                                                                                                               provide services originating and
                                                  Sec. 34, E1⁄2, unsurveyed and W1⁄2;                   Proposed Information Collection;                       terminating outside of the park
                                                  Sec. 35, NE1⁄4, W1⁄2, unsurveyed, and SE1⁄4,          Commercial Use Authorizations                          boundaries; organized children’s camps,
                                                     unsurveyed;                                                                                               outdoor clubs, and nonprofit
                                                  Sec. 36, SW1⁄4, unsurveyed.                           AGENCY:    National Park Service, Interior.            institutions; and other uses as the


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                                                                                         Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices                                                                       1203

                                                Secretary determines appropriate. The                                     will allow the unit manager to evaluate                    protections including insurance,
                                                commercial operations include a range                                     requests for a commercial use to                           equipment, training, and procedures.
                                                of services, such as mountain climbing                                    determine impact on the resources and                        Regulations resulting in information
                                                guides, boat repair services,                                             the appropriateness of the activity.                       collection required for a Commercial
                                                transportation services and tours, canoe                                     We collect information on the CUA                       Use Authorization:
                                                livery operations, hunting guides, retail                                 Application (Form 10–550), the CUA                         36 CFR 1.6—Permits
                                                sales, equipment rentals, catering                                        Annual Report (Form 10–660), and CUA                       36 CFR 2—Resource Protection, Public
                                                services, and dozens of other visitor                                     Monthly Report (Form 10–660A). We                            Use and Recreation
                                                services.                                                                 use the information from these forms to:                   36 CFR 5—Commercial and Private
                                                   Section 418 limits CUAs to:                                               • Manage the program and
                                                   • Commercial operations with annual                                                                                                 Operations
                                                                                                                          operations.                                                36 CFR 7—Special Regulations
                                                gross receipts of not more than $25,000
                                                                                                                             • Determine the qualifications and                      36 CFR 13—National Park System Units
                                                resulting from services originating and
                                                                                                                          abilities of the commercial operators to                     in Alaska
                                                provided solely within a unit of the
                                                                                                                          provide a high quality, safe, and
                                                National Park System;                                                                                                                II. Data
                                                   • Incidental use of resources of the                                   enjoyable experience for park visitors.
                                                unit by commercial operations which                                          • Determine the impact on the parks                        OMB Number: 1024–0268.
                                                provide services originating and                                          natural and cultural resources.                               Title: Commercial Use Authorization.
                                                terminating outside of the boundaries of                                     • Manage the use and impact of                             Form(s): 10–550, ‘‘Commercial Use
                                                the unit; or                                                              multiple operators.                                        Authorization Application and
                                                   • Uses by organized children’s                                            The information requested will allow                    Instructions’’, 10–660, ‘‘Commercial Use
                                                camps, outdoor clubs and nonprofit                                        the NPS to evaluate requests for a                         Authorization Annual Report and
                                                institutions (including back country                                      commercial use authorization and                           Instructions’’, and 10–660A,
                                                use) and such other uses as the                                           determine the suitability of the                           ‘‘Commercial Use Authorization
                                                Secretary determines appropriate.                                         applicants to safely and effectively                       Monthly Report and Instructions’’.
                                                   The legislative mandate of the NPS,                                    provide an appropriate service to the                         Type of Request: Extension of a
                                                found at 54 U.S.C. 1100101, is to                                         visiting public. It will also enable the                   Currently Approved Collection.
                                                preserve America’s natural wonders                                        NPS to manage the activity in a manner                        Description of Respondents:
                                                unimpaired for future generations,                                        that protects the natural and cultural                     Respondents will be individuals or
                                                while also making them available for the                                  resources and the park visitor.                            small businesses that wish to provide a
                                                enjoyment of visitors. Meeting this                                       Management includes, but is not limited                    commercial service to visitors in areas
                                                mandate requires the NPS to balance                                       to, managing the number of permits                         of the National Park System.
                                                preservation with use. Maintaining a                                      issued, determining the location and                          Respondent Obligation: Mandatory.
                                                good balance requires both information                                    time that the activity occurs, and                            Estimated Total Annual Burden
                                                and limits. The information requested                                     requiring the appropriate visitor                          Hours:

                                                                                                                                                                                                 Average time
                                                                                                                                                     Annual               Total annual                                        Total annual
                                                                                                                                                                                                 per response
                                                                                                                                                  respondents              responses                                          burden hours
                                                                                                                                                                                                    (hours)

                                                                                                Form 10–550, ‘‘Commercial Use Authorization Application and Instructions’’

                                                Individual ..................................................................................                  100                    100                            2.5                 250
                                                Private Sector ..........................................................................                    5,150                  5,150                            2.5              12,875

                                                                                              Form 10–660, ‘‘Commercial Use Authorization Annual Report and Instructions’’

                                                Individual ..................................................................................                  100                    100                               8                125
                                                Private Sector ..........................................................................                    7,000                  7,000                               8              8,750

                                                                                            Form 10–660A, ‘‘Commercial Use Authorization Monthly Report and Instructions’’

                                                Individual ..................................................................................                  100                    900                             .75                675
                                                Private Sector ..........................................................................                    7,000                 63,000                             .75             47,250

                                                      Totals: ...............................................................................               12,350                 12,350    ..............................           69,925



                                                  Estimated Annual Nonhour Burden                                           • The accuracy of the burden for this                    our request to OMB to approve this IC.
                                                Cost: $525,000 ($100 × 5,250 Forms 10–                                    collection of information;                                 Before including your address, phone
                                                550, ‘‘Commercial Use Authorization                                         • Ways to enhance the quality, utility,                  number, email address, or other
                                                Application and Instructions’’ per year).                                 and clarity of the information to be                       personal identifying information in your
                                                                                                                          collected; and                                             comment, you should be aware that
                                                III. Comments                                                               • Ways to minimize the burden to                         your entire comment, including your
ebenthall on DSK6SPTVN1PROD with NOTICES




                                                  We invite comments concerning this                                      respondents, including use of                              personal identifying information, may
                                                information collection on:                                                automated information techniques or                        be made publicly available at any time.
                                                                                                                          other forms of information technology.                     While you can ask us in your comment
                                                  • Whether or not the collection of                                        Please note that the comments                            to withhold your personal identifying
                                                information is necessary, including                                       submitted in response to this notice are                   information from public review, we
                                                whether or not the information will                                       a matter of public record. We will                         cannot guarantee that it will be done.
                                                have practical utility;                                                   include or summarize each comment in


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                                                1204                           Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices

                                                  Dated: January 4, 2016.                               enforcement proceeding on April 8,                     ALJ’s finding that uPI violated the
                                                Madonna L. Baucum,                                      2015, in view of the Federal Circuit’s                 consent order, and imposed a civil
                                                Information Collection Clearance Officer,               decision in uPI Semiconductor Corp. v.                 penalty of $620,000 on respondent uPI
                                                National Park Service.                                  ITC and Richtek Technology Corp. v.                    for violation of the Consent Order on 62
                                                [FR Doc. 2016–00333 Filed 1–8–16; 8:45 am]              ITC, 767 F.3d 1372 (Fed. Cir. 2014). See               days. The Commission also affirmed the
                                                BILLING CODE 4310–EH–P                                  Comm’n Order (Apr. 8, 2015). The                       ALJ’s finding of direct infringement of
                                                                                                        Commission instituted the original                     claims 1–11 and 26–27 of the ’190
                                                                                                        enforcement proceeding on September                    patent with respect to uPI’s formerly
                                                INTERNATIONAL TRADE                                     6, 2011, based on an enforcement                       accused products. The Commission also
                                                COMMISSION                                              complaint filed by Richtek Technology                  vacated the ALJ’s finding that uPI does
                                                                                                        Corp. of Hsinchu, Taiwan, and Richtek                  not induce infringement of claims 1–11
                                                [Investigation No. 337–TA–698 (Remand)]                 USA, Inc. of San Jose, California                      and 26–27 of the 190 patent. The
                                                                                                        (collectively ‘‘Richtek’’). 76 FR 55109–               Commission also determined to reverse
                                                Certain DC–DC Controllers and                           10. The complaint alleged violations of                the ALJ’s finding that claims 29 and 34
                                                Products Containing Same;                               the August 13, 2010, consent orders                    of the 470 patent are directly infringed
                                                Commission Determination To Adopt a                     issued in the underlying investigation                 by respondent uPI’s accused DC–DC
                                                Recommended Remand                                      by the continued practice of prohibited                controllers and products containing the
                                                Determination; Issuance of Modified                     activities such as importing, offering for             same, and determined that Richtek
                                                Civil Penalty Order and Termination of                  sale, and selling for importation into the             waived any allegations of indirect
                                                Remand Enforcement Proceeding                           United States DC–DC controllers or                     infringement with respect to the ’470
                                                AGENCY: U.S. International Trade                        products containing the same that                      patent. This action resulted in a finding
                                                Commission.                                             infringe one or more of U.S. Patent Nos.               of no violation of the Consent Order
                                                ACTION: Notice.
                                                                                                        7,315,190 (‘‘the ’190 patent’’); 6,414,470             with respect to the ’470 patent. Further,
                                                                                                        (‘‘the ’s ’470 patent’’); and 7,132,717                the Commission vacated as moot the
                                                SUMMARY:   Notice is hereby given that                  (‘‘the ’717 patent’’); or that contain or              portion of the EID relating to the ’717
                                                the U.S. International Trade                            use Richtek’s asserted trade secrets. The              patent because the asserted claims 1–3
                                                Commission has determined to adopt a                    Commission’s notice of institution of                  and 6–9 were cancelled by issuance of
                                                remand recommended determination                        enforcement proceedings named uPI                      Ex Parte Reexamination Certificate No.
                                                (‘‘RRD’’) of the presiding administrative               and Sapphire Technology Limited                        U.S. 7,132,717 C1 on October 3, 2012.
                                                law judge (‘‘ALJ’’) adding eleven (11)                  (‘‘Sapphire’’) of Shatin, Hong Kong as                 The Commission also affirmed the ALJ’s
                                                days to the total number of days                        respondents. The Office of Unfair                      finding that uPI’s formerly accused
                                                enforcement respondent uPI                              Import Investigations participated in the              products contained or used Richtek’s
                                                Semiconductor Corporation (‘‘uPI’’) of                  enforcement proceeding. Sapphire was                   asserted trade secrets to violate the
                                                Hsinchu, Taiwan, violated the August                    later terminated from the enforcement                  Consent Order, but that uPI’s post-
                                                13, 2010 consent order (‘‘the Consent                   proceeding based on a settlement                       Consent Order products did not
                                                Order’’). The Commission has adopted                    agreement.                                             misappropriate Richtek’s asserted trade
                                                the RRD as a final determination of the                    On June 8, 2012, the presiding                      secrets.
                                                Commission, issued a modified civil                     administrative law judge (‘‘ALJ’’) issued
                                                                                                        his enforcement initial determination                     Both uPI and Richtek timely appealed
                                                penalty order in the amount of $650,000                                                                        the Commission’s final determination.
                                                directed against uPI, and has terminated                (‘‘EID’’) finding a violation of the
                                                                                                        Consent Order by uPI. The ALJ found                    The Federal Circuit issued its opinion in
                                                the remand enforcement proceeding.                                                                             the two appeals on September 25, 2014.
                                                                                                        importation and sale of accused
                                                FOR FURTHER INFORMATION CONTACT:                                                                               See 767 F.3d 1372. The Court affirmed
                                                                                                        products that infringe all asserted
                                                Clint Gerdine, Office of the General                    claims of the patents at issue, and                    the Commission’s findings regarding
                                                Counsel, U.S. International Trade                       importation and sale of formerly                       uPI’s appeal with a slight modification,
                                                Commission, 500 E Street SW.,                           accused products that contain or use                   but regarding Richtek’s appeal, the
                                                Washington, DC 20436, telephone (202)                   Richtek’s asserted trade secrets. He                   Court reversed the Commission’s
                                                708–2310. Copies of non-confidential                    found that uPI’s products developed                    determination that uPI did not violate
                                                documents filed in connection with this                 after the consent order issued (‘‘post-                the Consent Order based on trade secret
                                                investigation are or will be available for              Consent Order products’’) did not                      misappropriation with respect to uPI’s
                                                inspection during official business                     misappropriate Richtek’s asserted trade                post-Consent Order products. Id.
                                                hours (8:45 a.m. to 5:15 p.m.) in the                   secrets. Also, he recommended                          Specifically, the Court found that, on
                                                Office of the Secretary, U.S.                           enforcement measures for uPI’s                         the record provided, substantial
                                                International Trade Commission, 500 E                   violation that included the following:                 evidence did not support the
                                                Street SW., Washington, DC 20436,                       (1) Modifying the Consent Order to                     Commission’s conclusion that uPI’s
                                                telephone (202) 205–2000. General                       clarify that the Order applies (and has                post-Consent Order products were
                                                information concerning the Commission                   always applied) to all uPI affiliates, past,           independently developed. Id. at 1383.
                                                may also be obtained by accessing its                   present, or future; and (2) imposing a                 Also specifically, regarding uPI’s appeal
                                                Internet server at http://www.usitc.gov.                civil penalty of $750,000 against uPI.                 and before deciding Richtek’s appeal,
                                                The public record for this investigation                   The Commission did not review the                   the Court reduced the number of days
                                                may be viewed on the Commission’s                       EID with respect to the trade secret                   of violation by eight (8) days to fifty-four
                                                electronic docket (EDIS) at http://                     allegations, but did review the EID as to              (54) days. Id. at 1380. The Court
ebenthall on DSK6SPTVN1PROD with NOTICES




                                                edis.usitc.gov. Hearing-impaired                        certain patent infringement allegations                remanded the case to the Commission
                                                persons are advised that information on                 and the number of violation days. On                   for further proceedings with respect to
                                                this matter can be obtained by                          November 14, 2012, after review, the                   violation of the Consent Order. Id. at
                                                contacting the Commission’s TDD                         Commission determined to affirm-in-                    1383. On December 1, 2014, the Court
                                                terminal on (202) 205–1810.                             part, reverse-in-part, modify-in-part, and             denied uPI’s petition for rehearing of the
                                                SUPPLEMENTARY INFORMATION: The                          vacate-in-part the EID’s findings under                Court’s finding of no independent
                                                Commission ordered this remand                          review. The Commission affirmed the                    development of uPI’s post-Consent


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Document Created: 2016-01-16 01:07:14
Document Modified: 2016-01-16 01:07:14
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice and request for comments.
DatesTo ensure we are able to consider your comments, we must receive them on or before March 11, 2016.
ContactSamantha Towery, National Park Service, 12795 West Alameda Parkway, Lakewood, CO 80228; by fax at 303/ 987-6901; or via email at [email protected]
FR Citation81 FR 1202 

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