83_FR_45641 83 FR 45467 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

83 FR 45467 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 174 (September 7, 2018)

Page Range45467-45468
FR Document2018-19386

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Sleep-Disordered Breathing Treatment Mask Systems and Components Thereof, DN 3336; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing pursuant to the Commission's Rules of Practice and Procedure.

Federal Register, Volume 83 Issue 174 (Friday, September 7, 2018)
[Federal Register Volume 83, Number 174 (Friday, September 7, 2018)]
[Notices]
[Pages 45467-45468]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19386]


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INTERNATIONAL TRADE COMMISSION


Notice of Receipt of Complaint; Solicitation of Comments Relating 
to the Public Interest

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 received a complaint entitled Certain Sleep-Disordered 
Breathing Treatment Mask Systems and Components Thereof, DN 3336; the 
Commission is soliciting comments on any public interest issues raised 
by the complaint or complainant's filing pursuant to the Commission's 
Rules of Practice and Procedure.

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 https://edis.usitc.gov, 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.
    General information concerning the Commission may also be obtained 
by accessing its internet server at United States International Trade 
Commission (USITC) at https://www.usitc.gov. The public record for this 
investigation may be viewed on the Commission's Electronic Document 
Information System (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 has received a complaint and 
a submission pursuant to Sec.  210.8(b) of the Commission's Rules of 
Practice and Procedure filed on behalf of ResMed Corp, ResMed Inc. and 
ResMed Ltd. on August 31, 2018. 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 sleep-
disordered breathing treatment mask systems and components thereof. The 
complaint names as respondents: Fisher & Paykel Healthcare Limited of 
New Zealand; Fisher & Paykel Healthcare, Inc. of Irvine, CA and Fisher 
& Paykel Healthcare Distribution Inc. of Irvine, CA. The complainant 
requests that the Commission issue a limited exclusion order and a 
cease and desist order and impose a bond during the 60-day review 
period pursuant to 19 U.S.C. 1337(j).
    Proposed respondents, other interested parties, and members of the

[[Page 45468]]

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 Sec.  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 on the public interest 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. Any 
written submissions on other issues should be filed no later than by 
close of business nine calendar days after the date of publication of 
this notice in the Federal Register. Complainant may file a reply to 
any written submission no later than the date on which complainant's 
reply would be due under Sec.  210.8(c)(2) of the Commission's Rules of 
Practice and Procedure (19 CFR 210.8(c)(2)).
    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 Sec.  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. 3336'') in a prominent place on the cover page 
and/or the first page. (See Handbook for Electronic Filing Procedures, 
Electronic Filing Procedures.\1\) Persons with questions regarding 
filing should contact the Secretary (202-205-2000).
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    \1\ Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.
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    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 
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 information, including confidential business 
information and documents for which confidential treatment is properly 
sought, submitted to the Commission for purposes of this Investigation 
may be disclosed to and used: (i) By the Commission, its employees and 
Offices, and contract personnel (a) for developing or maintaining the 
records of this or a related proceeding, or (b) in internal 
investigations, audits, reviews, and evaluations relating to the 
programs, personnel, and operations of the Commission including under 5 
U.S.C. Appendix 3; or (ii) by U.S. government employees and contract 
personnel,\2\ solely for cybersecurity purposes. All nonconfidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.\3\
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    \2\ All contract personnel will sign appropriate nondisclosure 
agreements.
    \3\ Electronic Document Information System (EDIS): https://edis.usitc.gov.
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    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 Sec. Sec.  
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: August 31, 2018.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2018-19386 Filed 9-6-18; 8:45 am]
BILLING CODE 7020-02-P



                                                                           Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Notices                                          45467

                                               requirements and minimize the public’s                  planned operations are safe; will not                 SUMMARY:   Notice is hereby given that
                                               reporting burden. It also helps the                     adversely affect the marine, coastal, or              the U.S. International Trade
                                               public understand our information                       human environment; and will conserve                  Commission has received a complaint
                                               collection requirements and provide the                 the resources of the OCS. We use the                  entitled Certain Sleep-Disordered
                                               requested data in the desired format.                   information to make an informed                       Breathing Treatment Mask Systems and
                                                  A Federal Register notice with a 60-                 decision on whether to approve the                    Components Thereof, DN 3336; the
                                               day public comment period soliciting                    proposed DWOPs, or whether                            Commission is soliciting comments on
                                               comments on this collection of                          modifications are necessary without the               any public interest issues raised by the
                                               information was published on May 16,                    analysis and evaluation of the required               complaint or complainant’s filing
                                               2018 (83 FR 22711). No comments were                    information.                                          pursuant to the Commission’s Rules of
                                               received.                                                 Title of Collection: 30 CFR part 250,               Practice and Procedure.
                                                  We are again soliciting comments on                  subpart B, Plans and Information.                     FOR FURTHER INFORMATION CONTACT: Lisa
                                               the proposed ICR that is described                        OMB Control Number: 1014–0024.                      R. Barton, Secretary to the Commission,
                                               below. We are especially interested in                    Form Number: None.                                  U.S. International Trade Commission,
                                               public comments addressing the                            Type of Review: Extension of a                      500 E Street SW, Washington, DC
                                               following issues: (1) Is the collection                 currently approved collection.                        20436, telephone (202) 205–2000. The
                                               necessary to the proper functions of                      Respondents/Affected Public:                        public version of the complaint can be
                                               BSEE; (2) Will this information be                      Potential respondents comprise Federal                accessed on the Commission’s
                                               processed and used in a timely manner;                  OCS oil, gas, and sulphur lessees/                    Electronic Document Information
                                               (3) Is the estimate of burden accurate;                 operators and holders of pipeline rights-             System (EDIS) at https://edis.usitc.gov,
                                               (4) How might BSEE enhance the                          of-way.                                               and will be available for inspection
                                               quality, utility, and clarity of the                      Total Estimated Number of Annual                    during official business hours (8:45 a.m.
                                               information to be collected; and (5) How                Respondents: Varies, not all potential                to 5:15 p.m.) in the Office of the
                                               might BSEE minimize the burden of this                  respondents will submit information in                Secretary, U.S. International Trade
                                               collection on the respondents, including                any given year and some may submit                    Commission, 500 E Street SW,
                                               through the use of information                          multiple times.                                       Washington, DC 20436, telephone (202)
                                               technology.                                               Total Estimated Number of Annual
                                                  Comments that you submit in                                                                                205–2000.
                                                                                                       Responses: 31.                                           General information concerning the
                                               response to this notice are a matter of
                                                                                                         Estimated Completion Time per                       Commission may also be obtained by
                                               public record. Before including your
                                                                                                       Response: Varies from 50 hours to 2,200               accessing its internet server at United
                                               address, phone number, email address,
                                                                                                       hours, depending on activity.                         States International Trade Commission
                                               or other personal identifying
                                                                                                         Total Estimated Number of Annual                    (USITC) at https://www.usitc.gov. The
                                               information in your comment, you
                                                                                                       Burden Hours: 44,458.                                 public record for this investigation may
                                               should be aware that your entire
                                                                                                         Respondent’s Obligation: Most                       be viewed on the Commission’s
                                               comment—including your personal
                                               identifying information—may be made                     responses are mandatory, while others                 Electronic Document Information
                                               publicly available at any time. While                   are required to obtain or retain benefits.            System (EDIS) at https://edis.usitc.gov.
                                               you can ask us in your comment to                         Frequency of Collection: Submissions                Hearing-impaired persons are advised
                                               withhold your personal identifying                      are generally on occasion.                            that information on this matter can be
                                               information from public review, we                        Total Estimated Annual Nonhour                      obtained by contacting the
                                               cannot guarantee that we will be able to                Burden Cost: $68,381. Submission of a                 Commission’s TDD terminal on (202)
                                               do so.                                                  DWOP (§ 250.292) requires a cost                      205–1810.
                                                  Abstract: The regulations at 30 CFR                  recovery fee of $3,599.                               SUPPLEMENTARY INFORMATION: The
                                               part 250, subpart B, concern plans and                    An agency may not conduct or                        Commission has received a complaint
                                               information and are the subject of this                 sponsor and a person is not required to               and a submission pursuant to § 210.8(b)
                                               collection. This request also covers any                respond to a collection of information                of the Commission’s Rules of Practice
                                               related Notices to Lessees and Operators                unless it displays a currently valid OMB              and Procedure filed on behalf of
                                               (NTLs) that BSEE issues to clarify,                     control number.                                       ResMed Corp, ResMed Inc. and ResMed
                                               supplement, or provide additional                         The authority for this action is the                Ltd. on August 31, 2018. The complaint
                                               guidance on some aspects of our                         Paperwork Reduction Act of 1995 (44                   alleges violations of section 337 of the
                                               regulations.                                            U.S.C. 3501 et seq).                                  Tariff Act of 1930 (19 U.S.C. 1337) in
                                                  Post-Approval Requirements for the                     Dated: August 3, 2018.                              the importation into the United States,
                                               Exploration Plans, Development and                      Doug Morris,                                          the sale for importation, and the sale
                                               Production Plans, and Development                       Chief, Office of Offshore Regulatory Programs.        within the United States after
                                               Operation Coordination Document:                        [FR Doc. 2018–19438 Filed 9–6–18; 8:45 am]
                                                                                                                                                             importation of certain sleep-disordered
                                               While the information is submitted to                                                                         breathing treatment mask systems and
                                                                                                       BILLING CODE 4310–VH–P
                                               the Bureau of Ocean Energy                                                                                    components thereof. The complaint
                                               Management, BSEE analyzes and                                                                                 names as respondents: Fisher & Paykel
                                               evaluates the information and data                                                                            Healthcare Limited of New Zealand;
                                               collected under this section of subpart                 INTERNATIONAL TRADE                                   Fisher & Paykel Healthcare, Inc. of
                                               B to verify that an ongoing/completed                   COMMISSION                                            Irvine, CA and Fisher & Paykel
                                               Outer Continental Shelf (OCS) operation                                                                       Healthcare Distribution Inc. of Irvine,
daltland on DSKBBV9HB2PROD with NOTICES




                                               is/was conducted in compliance with                     Notice of Receipt of Complaint;                       CA. The complainant requests that the
                                               established environmental standards                     Solicitation of Comments Relating to                  Commission issue a limited exclusion
                                               placed on the activity.                                 the Public Interest                                   order and a cease and desist order and
                                                  Deepwater Operations Plan (DWOP):                    AGENCY: U.S. International Trade                      impose a bond during the 60-day review
                                               BSEE analyzes and evaluates the                         Commission.                                           period pursuant to 19 U.S.C. 1337(j).
                                               information and data collected under                                                                             Proposed respondents, other
                                                                                                       ACTION: Notice.
                                               this section of subpart B to ensure that                                                                      interested parties, and members of the


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                                               45468                       Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Notices

                                               public are invited to file comments, not                and Procedure (19 CFR 210.4(f)).                        Issued: August 31, 2018.
                                               to exceed five (5) pages in length,                     Submissions should refer to the docket                Katherine Hiner,
                                               inclusive of attachments, on any public                 number (‘‘Docket No. 3336’’) in a                     Supervisory Attorney.
                                               interest issues raised by the complaint                 prominent place on the cover page and/                [FR Doc. 2018–19386 Filed 9–6–18; 8:45 am]
                                               or § 210.8(b) filing. Comments should                   or the first page. (See Handbook for                  BILLING CODE 7020–02–P
                                               address whether issuance of the relief                  Electronic Filing Procedures, Electronic
                                               specifically requested by the                           Filing Procedures.1) Persons with
                                               complainant in this investigation would                 questions regarding filing should
                                               affect the public health and welfare in                 contact the Secretary (202–205–2000).
                                               the United States, competitive                                                                                DEPARTMENT OF JUSTICE
                                               conditions in the United States                            Any person desiring to submit a
                                                                                                       document to the Commission in                         Drug Enforcement Administration
                                               economy, the production of like or
                                               directly competitive articles in the                    confidence must request confidential
                                               United States, or United States                         treatment. All such requests should be                [Docket No. DEA–392]
                                               consumers.                                              directed to the Secretary to the
                                                  In particular, the Commission is                     Commission and must include a full                    Bulk Manufacturer of Controlled
                                               interested in comments that:                            statement of the reasons why the                      Substances Registration
                                                  (i) Explain how the articles                         Commission should grant such
                                               potentially subject to the requested                    treatment. See 19 CFR 201.6. Documents                ACTION:   Notice of registration.
                                               remedial orders are used in the United                  for which confidential treatment by the
                                               States;                                                 Commission is properly sought will be                 SUMMARY:   Registrant listed below has
                                                  (ii) identify any public health, safety,                                                                   applied for and been granted
                                                                                                       treated accordingly. All such requests
                                               or welfare concerns in the United States                                                                      registration by the Drug Enforcement
                                                                                                       should be directed to the Secretary to
                                               relating to the requested remedial                                                                            Administration (DEA) as a bulk
                                               orders;                                                 the Commission and must include a full
                                                                                                       statement of the reasons why the                      manufacturer of various classes of
                                                  (iii) identify like or directly                                                                            schedule I and II controlled substances.
                                               competitive articles that complainant,                  Commission should grant such
                                               its licensees, or third parties make in the             treatment. See 19 CFR 201.6. Documents                SUPPLEMENTARY INFORMATION:     The
                                               United States which could replace the                   for which confidential treatment by the               company listed below applied to be
                                               subject articles if they were to be                     Commission is properly sought will be                 registered as a bulk manufacturer of
                                               excluded;                                               treated accordingly. All information,                 various basic classes of controlled
                                                  (iv) indicate whether complainant,                   including confidential business                       substances. Information on the
                                               complainant’s licensees, and/or third                   information and documents for which                   previously published notice is listed in
                                               party suppliers have the capacity to                    confidential treatment is properly                    the table below. No comments or
                                               replace the volume of articles                          sought, submitted to the Commission for               objections were submitted for this
                                               potentially subject to the requested                    purposes of this Investigation may be                 notice.
                                               exclusion order and/or a cease and                      disclosed to and used: (i) By the
                                               desist order within a commercially                                                                                Company           FR docket      Published
                                                                                                       Commission, its employees and Offices,
                                               reasonable time; and                                    and contract personnel (a) for                        Patheon API Man-     83 FR 22516   May 15, 2018.
                                                  (v) explain how the requested                        developing or maintaining the records                   ufacturing, Inc.
                                               remedial orders would impact United                     of this or a related proceeding, or (b) in
                                               States consumers.                                                                                                The DEA has considered the factors in
                                                  Written submissions on the public                    internal investigations, audits, reviews,
                                                                                                       and evaluations relating to the                       21 U.S.C. 823(a) and determined that
                                               interest must be filed no later than by
                                                                                                       programs, personnel, and operations of                the registration of this registrant to
                                               close of business, eight calendar days
                                                                                                       the Commission including under 5                      manufacture the applicable basic classes
                                               after the date of publication of this
                                                                                                       U.S.C. Appendix 3; or (ii) by U.S.                    of controlled substances is consistent
                                               notice in the Federal Register. There
                                                                                                       government employees and contract                     with the public interest and with United
                                               will be further opportunities for
                                                                                                       personnel,2 solely for cybersecurity                  States obligations under international
                                               comment on the public interest after the
                                                                                                       purposes. All nonconfidential written                 treaties, conventions, or protocols in
                                               issuance of any final initial
                                                                                                       submissions will be available for public              effect on May 1, 1971. The DEA
                                               determination in this investigation. Any
                                                                                                       inspection at the Office of the Secretary             investigated the company’s maintenance
                                               written submissions on other issues
                                                                                                       and on EDIS.3                                         of effective controls against diversion by
                                               should be filed no later than by close of
                                                                                                                                                             inspecting and testing the company’s
                                               business nine calendar days after the                      This action is taken under the                     physical security systems, verifying the
                                               date of publication of this notice in the               authority of section 337 of the Tariff Act            company’s compliance with state and
                                               Federal Register. Complainant may file                  of 1930, as amended (19 U.S.C. 1337),                 local laws, and reviewing the company’s
                                               a reply to any written submission no                    and of §§ 201.10 and 210.8(c) of the                  background and history.
                                               later than the date on which                            Commission’s Rules of Practice and
                                               complainant’s reply would be due                                                                                 Therefore, pursuant to 21 U.S.C.
                                                                                                       Procedure (19 CFR 201.10, 210.8(c)).                  823(a), and in accordance with 21 CFR
                                               under § 210.8(c)(2) of the Commission’s
                                               Rules of Practice and Procedure (19 CFR                   By order of the Commission.                         1301.33, the DEA has granted a
                                               210.8(c)(2)).                                                                                                 registration as a bulk manufacturer to
daltland on DSKBBV9HB2PROD with NOTICES




                                                  Persons filing written submissions                      1 Handbook for Electronic Filing Procedures:
                                                                                                                                                             the above listed company.
                                               must file the original document                         https://www.usitc.gov/documents/handbook_on_            Dated: August 23, 2018.
                                               electronically on or before the deadlines               filing_procedures.pdf.                                John J. Martin,
                                               stated above and submit 8 true paper                       2 All contract personnel will sign appropriate

                                               copies to the Office of the Secretary by                                                                      Assistant Administrator.
                                                                                                       nondisclosure agreements.
                                               noon the next day pursuant to § 210.4(f)                   3 Electronic Document Information System           [FR Doc. 2018–19444 Filed 9–6–18; 8:45 am]
                                               of the Commission’s Rules of Practice                   (EDIS): https://edis.usitc.gov.                       BILLING CODE 4410–09–P




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Document Created: 2018-09-07 00:15:39
Document Modified: 2018-09-07 00:15:39
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.
ContactLisa 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 https://edis.usitc.gov, 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 Citation83 FR 45467 

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