82 FR 9391 - Certain Wearable Activity Tracking Devices, Systems, and Components Thereof; Commission Determination Not To Review an Initial Determination Granting Complainant's Unopposed Motion To Terminate the Investigation in Its Entirety Based Upon Withdrawal of the Complaint; Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 23 (February 6, 2017)

Page Range		9391-9392
FR Document		2017-02423

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 27) of the presiding administrative law judge (``ALJ'') granting an unopposed motion to terminate the investigation in its entirety based upon withdrawal of the complaint.

Federal Register, Volume 82 Issue 23 (Monday, February 6, 2017)

[Federal Register Volume 82, Number 23 (Monday, February 6, 2017)]
[Notices]
[Pages 9391-9392]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02423]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-973]


Certain Wearable Activity Tracking Devices, Systems, and 
Components Thereof; Commission Determination Not To Review an Initial 
Determination Granting Complainant's Unopposed Motion To Terminate the 
Investigation in Its Entirety Based Upon Withdrawal of the Complaint; 
Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 27) of the presiding

[[Page 9392]]

administrative law judge (``ALJ'') granting an unopposed motion to 
terminate the investigation in its entirety based upon withdrawal of 
the complaint.

FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-3042. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW., Washington, DC 20436, 
telephone (202) 205-2000. General information concerning the Commission 
may also be obtained by accessing its Internet server at https://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on (202) 
205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted Inv. No. 337-TA-
973 on December 7, 2015, based on a complaint filed by Fitbit, Inc. of 
San Francisco, California (``Fitbit''). 80 FR 76040 (Dec. 7, 2015). The 
complaint alleges violations of section 337 of the Tariff Act of 1930, 
as amended (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 wearable activity tracking devices, systems, and 
components thereof by reason of infringement of certain claims of U.S. 
Patent No. 8,920,332 (``the '332 patent); U.S. Patent No. 8,868,377 
(``the '377 patent); and U.S. Patent No. 9,089,760 (``the '760 
patent''). The notice of investigation named the following respondents: 
AliphCom d/b/a Jawbone of San Francisco, California and BodyMedia, Inc. 
of Pittsburgh, Pennsylvania (collectively, ``Jawbone''). The Office of 
Unfair Import Investigations (OUII) is a party to the investigation.
    On July 19, 2016, the ALJ issued Order No. 24 granting a motion for 
summary determination that the '332 patent, the '377 patent, and the 
'760 patent are invalid under 35 U.S.C. 101 for being directed to 
ineligible subject matter, and terminated the investigation in its 
entirety. On August 1, 2016, Fitbit petitioned for review of the ID. On 
August 8, 2016, Jawbone and OUII filed oppositions to Fitbit's 
petition. On September 7, 2016, the Commission determined to review the 
ID, and on review, vacated and remanded for the ALJ to continue the 
investigation as to the '332 patent and the '377 patent.
    On December 23, 2016, Fitbit moved unopposed to terminate the 
investigation in its entirety based upon withdrawal of the complaint. 
Fitbit indicated that Jawbone and OUII do not oppose the motion.
    On January 3, 2017, the ALJ issued the subject ID (Order No. 27), 
granting the unopposed motion. The ALJ found that the motion complied 
with the requirements of Commission Rule 210.21(a)(1) (19 CFR 
210.21(a)(1)) and further found that no extraordinary circumstances 
prohibited granting the motion. None of the parties petitioned for 
review of the ID.
    The Commission has determined not to review the ID. This terminates 
the investigation.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: February 1, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-02423 Filed 2-3-17; 8:45 am]
BILLING CODE 7020-02-P

Federal Register / Vol. 82, No. 23 / Monday, February 6, 2017 / Notices 9391

Bureau Form Number: Form ONRR– Estimated Annual Reporting and business and considered as usual and
4393. Recordkeeping ‘‘Hour’’ Burden: 10,018 customary. We display the estimated
Frequency: Annually and on occasion. hours. annual burden hours by CFR section
Estimated Number and Description of and paragraph in the following chart:
Respondents: 120 Federal lessees/ We have not included in our
designees and 7 States for Federal oil estimates certain requirements
and gas. performed in the normal course of

SUMMARY OF INFORMATION COLLECTIONS
Number of
Requirement to Frequency of Annual burden Annual cost
Information collections annual
respond response hours ($51/hr.)
responses

Oil and Gas Valuation (Part 1206 not including Sec- Mandatory .......... On occasion ....... 114 8,396 $428,196
tions 1206.109, 1206.156, and 1206.158(c)(3)
below).
Request to Exceed Regulatory Allowance Limitation Required to ob- On occasion ....... 19 1,096 55,896
(Form ONRR–4393) (Sections 1206.109, 1206.156, tain a benefit.
and 1206.158(c)(3)).
Accounting and Auditing Relief for Marginal Prop- Required to ob- Annually ............. 3 246 12,546
erties—Industry (Sections 1204.202(b)(1), tain a benefit.
1204.203(b), 1204.205(a) & (b), and
1204.206(a)(3)(i), (b)(1), & 1204.209(b).
Accounting and Auditing Relief for Marginal Prop- Required to ob- Annually ............. 7 280 14,280
erties—States (Section 1204.208(c)(1), (d)(1), & tain a benefit.
(e)).
Total ..................................................................... ............................ ............................ 143 10,018 $510,918
Note: Audit Process—The Office of Regulatory Affairs determined that the audit process is exempt from the Paperwork Reduction Act of 1995
because ONRR staff asks non-standard questions to resolve exceptions.

This 30-day Federal Register notice information; (c) enhance the quality, view, we cannot guarantee that we will
burden chart shows an adjustment usefulness, and clarity of the be able to do so. An agency may not
increase of +820 burden hours. This information that ONRR collects; and (d) conduct or sponsor, and a person is not
adjustment is based on analyzed minimize the burden on the required to respond to, a collection of
historical data since the last renewal for respondents, including the use of information unless it displays a
1206.153(g), 1206.156(c)(3), automated collection techniques or currently valid Office of Management
1206.157(a)(1)(i), 1206.157(b)(1), other forms of information technology. and Budget control number.
1206.158(c)(3), 1206.159(a)(1)(i), and To comply with the public Dated: January 31, 2017.
1206.159(b)(1); this also includes consultation process, we published a
Gregory J. Gould,
addressing industry’s comments. notice in the Federal Register on June
6, 2016 (81 FR 36325), announcing that Director, Office of Natural Resources
Estimated Annual Reporting and
Revenue.
Recordkeeping ‘‘Non-hour’’ Cost we would submit this ICR to OMB for
approval. The notice provided the [FR Doc. 2017–02356 Filed 2–3–17; 8:45 am]
Burden: We have identified no ‘‘non-
hour’’ cost burden associated with the required 60-day comment period. We BILLING CODE 4335–MR–P

collection of information. received no unsolicited comments in
Public Disclosure Statement: The PRA response to the notice.
(44 U.S.C. 3501 et seq.) provides that an If you wish to comment in response INTERNATIONAL TRADE
agency may not conduct or sponsor, and to this notice, you may send your COMMISSION
a person does not have to respond to, a comments to the offices listed under the
[Investigation No. 337–TA–973]
collection of information unless it ADDRESSES section of this notice. OMB
displays a currently valid OMB control has up to 60 days to approve or Certain Wearable Activity Tracking
number. disapprove the information collection, Devices, Systems, and Components
but they may respond after 30 days. Thereof; Commission Determination
III. Request for Comments Therefore, in order to ensure maximum Not To Review an Initial Determination
Section 3506(c)(2)(A) of the PRA consideration, OMB should receive Granting Complainant’s Unopposed
requires each agency to ‘‘* * * provide public comments by March 6, 2017. Motion To Terminate the Investigation
60-day notice in the Federal Register Public Comment Policy: We will post
in Its Entirety Based Upon Withdrawal
* * * and otherwise consult with all comments, including names and
of the Complaint; Termination of the
members of the public and affected addresses of respondents at http://
Investigation
agencies concerning each proposed www.regulations.gov. Before including
collection of information * * *.’’ Personally Identifiable Information (PII), AGENCY: U.S. International Trade
Agencies must specifically solicit such as your address, phone number,
sradovich on DSK3GMQ082PROD with NOTICES

Commission.
comments to (a) evaluate whether the email address, or other personal ACTION: Notice.
proposed collection of information is information in your comment(s), you
necessary for the agency to perform its should be aware that your entire SUMMARY: Notice is hereby given that
duties, including whether the comment (including PII) may be made the U.S. International Trade
information is useful; (b) evaluate the available to the public at any time. Commission has determined not to
accuracy of the agency’s estimate of the While you may ask us, in your review an initial determination (‘‘ID’’)
burden of the proposed collection of comment, to withhold PII from public (Order No. 27) of the presiding

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9392 Federal Register / Vol. 82, No. 23 / Monday, February 6, 2017 / Notices

administrative law judge (‘‘ALJ’’) September 7, 2016, the Commission instituted these reviews on August 1,
granting an unopposed motion to determined to review the ID, and on 2016 (81 FR 50544) and determined on
terminate the investigation in its review, vacated and remanded for the November 4, 2016 that it would conduct
entirety based upon withdrawal of the ALJ to continue the investigation as to expedited reviews (81 FR 87587,
complaint. the ’332 patent and the ’377 patent. December 5, 2016).
FOR FURTHER INFORMATION CONTACT: On December 23, 2016, Fitbit moved The Commission made these
Panyin A. Hughes, Office of the General unopposed to terminate the determinations pursuant to section
Counsel, U.S. International Trade investigation in its entirety based upon 751(c) of the Act (19 U.S.C. 1675(c)). It
Commission, 500 E Street SW., withdrawal of the complaint. Fitbit completed and filed its determinations
Washington, DC 20436, telephone (202) indicated that Jawbone and OUII do not in these reviews on January 31, 2017.
205–3042. Copies of non-confidential oppose the motion. The views of the Commission are
documents filed in connection with this On January 3, 2017, the ALJ issued contained in USITC Publication 4668
investigation are or will be available for the subject ID (Order No. 27), granting (January 2017), entitled Polyester Staple
inspection during official business the unopposed motion. The ALJ found Fiber from Korea and Taiwan:
hours (8:45 a.m. to 5:15 p.m.) in the that the motion complied with the Investigation Nos. 731–TA–825–826
Office of the Secretary, U.S. requirements of Commission Rule (Third Review).
International Trade Commission, 500 E 210.21(a)(1) (19 CFR 210.21(a)(1)) and By order of the Commission.
Street SW., Washington, DC 20436, further found that no extraordinary Issued: January 31, 2017.
telephone (202) 205–2000. General circumstances prohibited granting the
Katherine M. Hiner,
information concerning the Commission motion. None of the parties petitioned
for review of the ID. Acting Supervisory Attorney.
may also be obtained by accessing its
The Commission has determined not [FR Doc. 2017–02362 Filed 2–3–17; 8:45 am]
Internet server at https://www.usitc.gov.
The public record for this investigation to review the ID. This terminates the BILLING CODE 7020–02–P

may be viewed on the Commission’s investigation.
electronic docket (EDIS) at https:// The authority for the Commission’s
edis.usitc.gov. Hearing-impaired determination is contained in section DEPARTMENT OF JUSTICE
persons are advised that information on 337 of the Tariff Act of 1930, as
[OMB Number 1124–0004]
this matter can be obtained by amended (19 U.S.C. 1337), and in Part
contacting the Commission’s TDD 210 of the Commission’s Rules of Agency Information Collection
terminal on (202) 205–1810. Practice and Procedure (19 CFR part Activities; Proposed eCollection
SUPPLEMENTARY INFORMATION: The 210). eComments Requested; Extension
Commission instituted Inv. No. 337– By order of the Commission. With Change, of a Previously
TA–973 on December 7, 2015, based on Issued: February 1, 2017. Approved Collection; Exhibit B to
a complaint filed by Fitbit, Inc. of San Lisa R. Barton, Registration Statement of Foreign
Francisco, California (‘‘Fitbit’’). 80 FR Agents (NSD–4)
Secretary to the Commission.
76040 (Dec. 7, 2015). The complaint
[FR Doc. 2017–02423 Filed 2–3–17; 8:45 am] AGENCY: Foreign Agents Registration Act
alleges violations of section 337 of the
Tariff Act of 1930, as amended (19 BILLING CODE 7020–02–P (FARA) Unit, Counterintelligence and
U.S.C. 1337), in the importation into the Export Control Section (CES), National
United States, the sale for importation, Security Division (NSD), U.S.
INTERNATIONAL TRADE Department of Justice.
and the sale within the United States
COMMISSION
after importation of certain wearable ACTION: 60-day notice.
activity tracking devices, systems, and [Investigation Nos. 731–TA–825–826 (Third
components thereof by reason of Review)] SUMMARY: The Department of Justice
infringement of certain claims of U.S. (DOJ), Foreign Agents Registration Act
Patent No. 8,920,332 (‘‘the ’332 patent); Polyester Staple Fiber From Korea and (FARA) Unit, Counterintelligence and
U.S. Patent No. 8,868,377 (‘‘the ’377 Taiwan Export Control Section (CES), National
patent); and U.S. Patent No. 9,089,760 Security Division (NSD), will be
Determinations submitting the following information
(‘‘the ’760 patent’’). The notice of
investigation named the following On the basis of the record 1 developed collection request to the Office of
respondents: AliphCom d/b/a Jawbone in the subject five-year reviews, the Management and Budget (OMB) for
of San Francisco, California and United States International Trade review and approval in accordance with
BodyMedia, Inc. of Pittsburgh, Commission (‘‘Commission’’) the Paperwork Reduction Act of 1995.
Pennsylvania (collectively, ‘‘Jawbone’’). determines, pursuant to the Tariff Act of The proposed information collection is
The Office of Unfair Import 1930 (‘‘the Act’’), that revocation of the published to obtain comments from the
Investigations (OUII) is a party to the antidumping duty orders on polyester public and affected agencies.
investigation. staple fiber from Korea and Taiwan DATES: Comments are encouraged and
On July 19, 2016, the ALJ issued would be likely to lead to continuation will be accepted for 60 days until April
Order No. 24 granting a motion for or recurrence of material injury to an 7, 2017. This process is conducted in
summary determination that the ’332 industry in the United States within a accordance with 5 CFR 1320.10.
patent, the ’377 patent, and the ’760 reasonably foreseeable time.
FOR FURTHER INFORMATION CONTACT: If
sradovich on DSK3GMQ082PROD with NOTICES

patent are invalid under 35 U.S.C. 101 Background you have additional comments
for being directed to ineligible subject especially on the estimated public
The Commission, pursuant to section
matter, and terminated the investigation burden or associated response time,
751(c) of the Act (19 U.S.C. 1675(c)),
in its entirety. On August 1, 2016, Fitbit suggestions, or need a copy of the
petitioned for review of the ID. On 1 The record is defined in sec. 207.2(f) of the proposed information collection
August 8, 2016, Jawbone and OUII filed Commission’s Rules of Practice and Procedure (19 instrument with instructions or
oppositions to Fitbit’s petition. On CFR 207.2(f)). additional information, please contact

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Document Created: 2017-02-04 00:25:26
Document Modified: 2017-02-04 00:25:26

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		Panyin A. Hughes, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-3042. Copies of non- confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000. General information concerning the Commission may also be obtained by accessing its Internet server at https:// www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.
FR Citation		82 FR 9391