81 FR 8220 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 32 (February 18, 2016)
Federal Register Volume 81, Issue 32 (February 18, 2016)
| Page Range | 8220-8221 | |
| FR Document | 2016-03344 |
[Federal Register Volume 81, Number 32 (Thursday, February 18, 2016)] [Notices] [Pages 8220-8221] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-03344] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Mobile Electronic Devices Incorporating Haptics (Including Smartphones and Smartwatches) and Components Thereof, DN 3120; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing under section 210.8(b) of the Commission's Rules of Practice and Procedure (19 CFR 210.8(b)). FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000. The public version of the complaint can be accessed on the Commission's Electronic Document Information System (EDIS) at EDIS,\1\ and 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. --------------------------------------------------------------------------- \1\ Electronic Document Information System (EDIS): http://edis.usitc.gov. --------------------------------------------------------------------------- General information concerning the Commission may also be obtained by accessing its Internet server at United States International Trade Commission (USITC) at USITC.\2\ The public record for this investigation may be viewed on the Commission's Electronic Document Information System (EDIS) at EDIS.\3\ [[Page 8221]] Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810. --------------------------------------------------------------------------- \2\ United States International Trade Commission (USITC): http://edis.usitc.gov. \3\ Electronic Document Information System (EDIS): http://edis.usitc.gov. SUPPLEMENTARY INFORMATION: The Commission has received a complaint and a submission pursuant to section 210.8(b) of the Commission's Rules of Practice and Procedure filed on behalf of Immersion Corporation on February 11, 2016. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain mobile electronic devices incorporating haptics (including smartphones and smartwatches) and components thereof. The complaint names as respondents Apple Inc. of Cupertino, CA; AT&T Inc. of Dallas, TX; and AT&T Mobility LLC of Atlanta, GA. The complainant requests that the Commission issue a limited exclusion order and cease and desist orders. Proposed respondents, other interested parties, and members of the public are invited to file comments, not to exceed five (5) pages in length, inclusive of attachments, on any public interest issues raised by the complaint or section 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the requested remedial orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders; (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant's licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) explain how the requested remedial orders would impact United States consumers. Written submissions must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to section 210.4(f) of the Commission's Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the docket number (``Docket No. 3120'') in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures).\4\ Persons with questions regarding filing should contact the Secretary (202-205-2000). --------------------------------------------------------------------------- \4\ Handbook for Electronic Filing Procedures: http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf. --------------------------------------------------------------------------- Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.\5\ --------------------------------------------------------------------------- \5\ Electronic Document Information System (EDIS): http://edis.usitc.gov. --------------------------------------------------------------------------- This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 201.10 and 210.8(c) of the Commission's Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)). By order of the Commission. Issued: February 12, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-03344 Filed 2-17-16; 8:45 am] BILLING CODE 7020-02-P
![8220 Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Notices
appropriate disposition of the human Nation timely submitted a written a determination within six months, the
remains and associated items from the request for transfer of control of the Review Committee requests that the
Clarksville Mound Group (site 23PI6) is human remains and associated funerary [State of Missouri Department of Natural
to The Osage Nation or the Indian tribes objects removed from the Clarksville Resources, State Historic Preservation
comprising the Sac and Fox NAGPRA Mound Group (site 23PI6). Supporting Officer,] notify the Review Committee of
Confederacy. materials submitted by The Osage the barrier to doing so.’’
Between 1962 and 1996, human Nation asserted that (1) the individuals Dated: January 13, 2016.
remains representing, at minimum, 29 interred at the Clarksville Mound site
Armand Minthorn,
individuals were removed from the dated to the Late Woodland and
Clarksville Mound Group (site 23PI6) in Chair, Native American Graves Protection
Emergent Mississippian Period (A.D.
and Repatriation Review Committee.
Pike County, MO. The Clarksville 900–1000); (2) this period corresponds
Mound Group was originally recorded [FR Doc. 2016–03407 Filed 2–17–16; 8:45 am]
to the prehistoric occupation of
in 1952, and described as a group of six Missouri by the ancestral Osage; and (3) BILLING CODE 4312–50–P
mounds. In 1962, the site was bulldozed in accordance with 43 CFR 10.2(e)(1)
in order to develop a sky-ride and and 10.14(c), multiple lines of evidence
tourist attraction, and five of the six support a cultural affiliation between INTERNATIONAL TRADE
mounds were destroyed. In 1995 and the prehistoric inhabitants of the COMMISSION
1996, the City of Clarksville, the owner Clarksville Mound site and the current
of the site, contacted the Missouri people of The Osage Nation. As of July Notice of Receipt of Complaint;
Department of Natural Resources, State 15, 2015, the SHPO had not made a Solicitation of Comments Relating to
Historic Preservation Office (SHPO) for decision regarding The Osage Nation’s the Public Interest
assistance after terminating the lease to request. AGENCY: U.S. International Trade
the tourist attraction. Human remains In August 2015, The Osage Nation Commission.
were eroding out of the damaged requested that the Review Committee ACTION: Notice.
mound, and due to the severity of the make a finding of fact regarding the
erosion problem, the SHPO and the City human remains and associated funerary SUMMARY: Notice is hereby given that
of Clarksville decided to undertake objects removed from Clarksville the U.S. International Trade
excavations to remove the threatened Mound Group (site 23PI6) in Pike Commission has received a complaint
burials. The excavations were expanded County, MO. The Designated Federal entitled Certain Mobile Electronic
as more burials were discovered. During Officer for the Review Committee agreed Devices Incorporating Haptics
the excavations, human remains to the request. (Including Smartphones and
representing, at minimum, 22 At its November 18, 2015 meeting, the Smartwatches) and Components
individuals were removed from the site. Review Committee considered the Thereof, DN 3120; the Commission is
The two associated funerary objects are request. The issues before the Review soliciting comments on any public
one lot of ancalusa shell beads and one Committee were (1) whether the human interest issues raised by the complaint
Scallorn point. In 2002, additional remains and associated items from the or complainant’s filing under section
human remains representing, at Clarksville Mound Group (site 23PI6) 210.8(b) of the Commission’s Rules of
minimum, four individuals were are culturally affiliated with The Osage Practice and Procedure (19 CFR
transferred to the SHPO by a local Nation; and (2) whether the appropriate 210.8(b)).
collector who had been on the site in disposition of human remains and
associated items from the Clarksville FOR FURTHER INFORMATION CONTACT: Lisa
1962. In 2006, additional human
remains from the site representing, at Mound Group (site 23PI6) is to The R. Barton, Secretary to the Commission,
minimum, three individuals were Osage Nation or the Indian tribes U.S. International Trade Commission,
transferred to the SHPO by the comprising the Sac and Fox NAGPRA 500 E Street SW., Washington, DC
University of Missouri-Columbia. Confederacy. 20436, telephone (202) 205–2000. The
On February 21, 2013, the Sac & Fox Findings of Fact: All six Review public version of the complaint can be
Nation of Oklahoma, the Sac & Fox Committee members currently accessed on the Commission’s
Tribe of the Mississippi in Iowa, and the appointed by the Secretary of the Electronic Document Information
Sac & Fox Nation of the Missouri in Interior participated in the fact finding. System (EDIS) at EDIS,1 and will be
Kansas, through the Sac and Fox By a vote of five to zero (the chair did available for inspection during official
NAGPRA Confederacy, submitted a not vote), the Review Committee found business hours (8:45 a.m. to 5:15 p.m.)
request for repatriation of all the human that with regard to issue (1), the human in the Office of the Secretary, U.S.
remains and associated funerary objects remains and associated items from the International Trade Commission, 500 E
from the Clarksville Mound Group (site Clarksville Mound Group (Site 23PI6) Street SW., Washington, DC 20436,
23PI6), citing a relationship of shared are culturally affiliated with The Osage telephone (202) 205–2000.
group identity (cultural affiliation). On Nation. Regarding issue (2), by a vote of General information concerning the
July 30, 2013, the SHPO published a five to zero (the chair did not vote), the Commission may also be obtained by
Notice of Inventory Completion in the Review Committee ‘‘strongly accessing its Internet server at United
Federal Register (78 FR 45960–45961) recommends that the [State of Missouri States International Trade Commission
for the human remains and associated Department of Natural Resources, State (USITC) at USITC.2 The public record
funerary objects from the Clarksville Historic Preservation Officer], pursuant for this investigation may be viewed on
the Commission’s Electronic Document
mstockstill on DSK4VPTVN1PROD with NOTICES
Mound Group (site 23PI6) in which it to the NAGPRA regulations, determine
determined that a shared group identity the most appropriate claimant in this Information System (EDIS) at EDIS.3
could be reasonably traced between the case within the next six months, in
1 Electronic Document Information System
human remains and the Sac & Fox consultation with The Osage Nation and
(EDIS): http://edis.usitc.gov.
Nation, Oklahoma; Sac & Fox of the Sac and Fox NAGPRA Confederacy. 2 United States International Trade Commission
Missouri in Kansas and Nebraska; and If the [State of Missouri Department of (USITC): http://edis.usitc.gov.
the Sac & Fox Tribe of the Mississippi Natural Resources, State Historic 3 Electronic Document Information System
in Iowa. On August 29, 2013, The Osage Preservation Officer], cannot make such (EDIS): http://edis.usitc.gov.
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![Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Notices 8221
Hearing-impaired persons are advised (v) explain how the requested DEPARTMENT OF JUSTICE
that information on this matter can be remedial orders would impact United
obtained by contacting the States consumers. Drug Enforcement Administration
Commission’s TDD terminal on (202) Written submissions must be filed no [Docket No. 14–20]
205–1810. later than by close of business, eight
SUPPLEMENTARY INFORMATION: The calendar days after the date of Hatem M. Ataya, M.D.; Decision and
Commission has received a complaint publication of this notice in the Federal Order; Introduction and Procedural
and a submission pursuant to section History
Register. There will be further
210.8(b) of the Commission’s Rules of opportunities for comment on the
Practice and Procedure filed on behalf On July 23, 2014, the Deputy
public interest after the issuance of any Assistant Administrator, Office of
of Immersion Corporation on February
final initial determination in this Diversion Control, issued an Order to
11, 2016. The complaint alleges
investigation. Show Cause to Hatem M. Ataya
violations of section 337 of the Tariff
Act of 1930 (19 U.S.C. 1337) in the Persons filing written submissions (Respondent), of Lapeer, Michigan. ALJ
importation into the United States, the must file the original document Ex. 1, at 1. The Show Cause Order
electronically on or before the deadlines proposed the revocation of
sale for importation, and the sale within
stated above and submit 8 true paper Respondent’s DEA Certificates of
the United States after importation of
Registration, pursuant to which he is
certain mobile electronic devices copies to the Office of the Secretary by
authorized to dispense controlled
incorporating haptics (including noon the next day pursuant to section
substances in schedules II through V, as
smartphones and smartwatches) and 210.4(f) of the Commission’s Rules of a practitioner, at the registered address
components thereof. The complaint Practice and Procedure (19 CFR of 971 Baldwin Road, Lapeer, Michigan
names as respondents Apple Inc. of 210.4(f)). Submissions should refer to (FA2278201), and at the registered
Cupertino, CA; AT&T Inc. of Dallas, TX; the docket number (‘‘Docket No. 3120’’) address of 3217 W. M–55 Suite B, West
and AT&T Mobility LLC of Atlanta, GA. in a prominent place on the cover page Branch, Michigan (BA7776353), on the
The complainant requests that the and/or the first page. (See Handbook for ground that he has committed acts
Commission issue a limited exclusion Electronic Filing Procedures, Electronic which render his registration
order and cease and desist orders. Filing Procedures).4 Persons with inconsistent with the public
Proposed respondents, other questions regarding filing should interest.1 Id. (citing 21 U.S.C. 824(a)(4)).
interested parties, and members of the contact the Secretary (202–205–2000). The Order also proposed the denial of
public are invited to file comments, not Respondent’s applications for two
to exceed five (5) pages in length, Any person desiring to submit a
document to the Commission in additional registrations,2 on the ground
inclusive of attachments, on any public that ‘‘it is not consistent with the public
interest issues raised by the complaint confidence must request confidential
interest . . . for [him] to be registered
or section 210.8(b) filing. Comments treatment. All such requests should be
with the [Agency] to handle controlled
should address whether issuance of the directed to the Secretary to the substances.’’ Id. (citing 21 U.S.C. 823(f)).
relief specifically requested by the Commission and must include a full The Show Cause Order alleged that
complainant in this investigation would statement of the reasons why the from 2010 through 2013, Respondent
affect the public health and welfare in Commission should grant such ‘‘repeatedly violated [his] obligation
the United States, competitive treatment. See 19 CFR 201.6. Documents under federal law by prescribing
conditions in the United States for which confidential treatment by the controlled substances to [his] patients
economy, the production of like or Commission is properly sought will be outside of the normal course of
directly competitive articles in the treated accordingly. All nonconfidential professional medical practice.’’ Id. at 2
United States, or United States written submissions will be available for (citing 21 CFR 1306.04(a)). Continuing,
consumers. public inspection at the Office of the the Order specifically alleged that
In particular, the Commission is Secretary and on EDIS.5 Respondent’s ‘‘practice of regularly
interested in comments that: prescribing controlled substances to five
(i) Explain how the articles This action is taken under the
patients [who were identified by the
potentially subject to the requested authority of section 337 of the Tariff Act
initials R.E.H., J.W., R.K., R.J.H., and
remedial orders are used in the United of 1930, as amended (19 U.S.C. 1337), J.H.] despite numerous and repeated red
States; and of sections 201.10 and 210.8(c) of flags of drug abuse and diversion, [his]
(ii) identify any public health, safety, the Commission’s Rules of Practice and repeated failures to take appropriate
or welfare concerns in the United States Procedure (19 CFR 201.10, 210.8(c)). steps to monitor [his] patients’ use of
relating to the requested remedial By order of the Commission. controlled substances, and numerous
orders; Issued: February 12, 2016. other actions [he] took in the course of
(iii) identify like or directly treating these patients all indicate that
Lisa R. Barton,
competitive articles that complainant, [he] violated [his] obligations under
its licensees, or third parties make in the Secretary to the Commission. federal law by ‘prescribing [controlled
United States which could replace the [FR Doc. 2016–03344 Filed 2–17–16; 8:45 am] substances] as much and as frequently
subject articles if they were to be BILLING CODE 7020–02–P as the patient demanded’ so that ‘[in]
excluded; practical effect, [he] acted as a large-
mstockstill on DSK4VPTVN1PROD with NOTICES
(iv) indicate whether complainant, scale ‘‘pusher’’ not as a physician.’ ’’ Id.
complainant’s licensees, and/or third
party suppliers have the capacity to 1 The Order alleged that Respondent’s registration
replace the volume of articles 4 Handbook for Electronic Filing Procedures:
number FA2278201 expires on June 30, 2016, and
potentially subject to the requested that his registration number BA7776353 expires on
http://www.usitc.gov/secretary/fed_reg_notices/ June 30, 2017. ALJ Ex. 1, at 1.
exclusion order and/or a cease and rules/handbook_on_electronic_filing.pdf. 2 The applications are for proposed registered
desist order within a commercially 5 Electronic Document Information System
locations in Davidson and Flint, Michigan. ALJ Ex.
reasonable time; and (EDIS): http://edis.usitc.gov. 1, at 1.
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Document Created: 2016-02-18 07:46:15
Document Modified: 2016-02-18 07:46:15
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000. The public version of the complaint can be accessed on the Commission's Electronic Document Information System (EDIS) at EDIS,\1\ and 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. | |
| FR Citation | 81 FR 8220 |
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