60 day Preclearance Federal Register Notice

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Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Notices

337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, and in
sections 210.42(h) and 210.43 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.42(h), 210.43.
By order of the Commission.
Issued: September 24, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010–24565 Filed 9–29–10; 8:45 am]
BILLING CODE 7020–02–P

INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–686]

In the Matter of Certain Bulk Welding
Wire Containers and Components
Thereof and Welding Wire; Notice of
Commission Determination To ReviewIn-Part a Final Initial Determination and
To Affirm the Finding of No Violation
of Section 337; Termination of the
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:

Notice is hereby given that
the U.S. International Trade
Commission has determined to review a
portion of the final initial determination
(‘‘ID’’) issued by the presiding
administrative law judge (‘‘ALJ’’) on July
29, 2010 finding no violation of section
337 in the above-captioned
investigation, but to affirm his finding of
no violation.
FOR FURTHER INFORMATION CONTACT: Jia
Chen, Office of the General Counsel,
U.S. International Trade Commission,
500 E Street, SW., Washington, DC
20436, telephone (202) 708–4737.
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 http://www.usitc.gov.
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at http://
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 this investigation
on September 8, 2009, based on a

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SUMMARY:

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complaint filed by the Lincoln Electric
Company of Cleveland, Ohio and
Lincoln Global, Inc. of City of Industry,
California (collectively, ‘‘Lincoln’’). 74
FR 46223 (Sept. 8, 2009). The complaint
alleged violations of Section 337 in the
importation into the United States, the
sale for importation, or the sale within
the United States after importation of
certain bulk welding wire containers,
components thereof, and welding wire
by reason of infringement of certain
claims of United States Patent Nos.
6,260,781; 6,648,141; 6,708,864 (‘‘the
‘864 patent’’); 6,913,145; 7,309,038;
7,398,881; and 7,410,111. ld. The
amended complaint named the
following respondents: Atlantic China
Welding Consumables, Inc. of Sichuan,
China (‘‘Atlantic’’); The ESAB Group,
Inc. of Florence, South Carolina
(‘‘ESAB’’); Hyundai Welding Co., Ltd. of
Seoul, Korea (‘‘Hyundai’’); Kiswel Co.,
Ltd. of Seoul, Korea (‘‘Kiswel’’); and
Sidergas SpA of Ambrogio (Verona),
Italy (‘‘Sidergas’’). 74 FR 61706 (Nov. 25,
2009). Respondents Hyundai, Kiswel,
and Atlantic were subsequently
terminated from the investigation,
leaving ESAB and Sidergas as the only
respondents remaining. In addition, all
but the ‘864 patent were terminated
from this investigation.
On July 29, 2010, the ALJ issued a
final ID finding no violation of Section
337 by respondents ESAB or Sidergas.
The ALJ concluded that none of the
accused ESAB and Sidergas products
infringe asserted claims 3, 4, 6, 12, or 13
of the ‘864 patent. The ALJ further
concluded that claim 3 of the ‘864
patent is invalid under 35 U.S.C. 102(b)
and that claims 4, 6, 12, and 13 of the
‘864 patent are valid and enforceable.
The ALJ did find that complainant
satisfied both the technical and the
economic prong of the domestic
industry requirement with respect to the
‘864 patent. On August 11, 2010,
Lincoln filed a petition for review. On
the same day, respondents ESAB and
Sidergas filed a consolidated petition for
review. The IA did not file a petition for
review.
Having examined the record of this
investigation, including the ALJ’s final
ID and the submissions of the parties,
the Commission has determined to
affirm the ALJ’s determination that there
is no violation of Section 337.
Specifically, the Commission has
determined to affirm the ALJ’s
determination that there is no literal
infringement of the asserted claims. The
Commission has also determined to
affirm the ALJ’s determination that there
is no infringement of the asserted claims
under the doctrine of equivalents based
on (1) the ALJ’s finding that substantial

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differences exist between the accused
products and the asserted claims, and
(2) the ALJ’s application of Johnson &
Johnston Assoc. Inc. v. R.E. Services
Co., 285 F.3d 1036 (Fed. Cir. 2002) (en
banc). The Commission has determined
to review the following four issues and
to take no position on them: (1) The
claim construction of the terms
‘‘substantially lying in a single plane’’
recited in independent claim 3 and
‘‘substantially in one plane’’ recited in
independent claims 6 and 12; (2) the
priority date of the asserted claims; (3)
invalidity of claim 3 under 35 U.S.C.
102(b); and (4) validity of claims 4, 6,
12, and 13 under 35 U.S.C. 102(b). No
other issues are being reviewed.
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
sections 210.42–46 and 210.50 of the
Commission’s Rules of Practice and
Procedure (19 C.F.R. 210.42–46 and
210.50).
By order of the Commission.
Issued: September 24, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010–24566 Filed 9–29–10; 8:45 am]
BILLING CODE 7020–02–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2010–0040]

Concrete and Masonry Construction;
Extension of the Office of Management
and Budget’s (OMB) Approval of
Information Collection (Paperwork)
Requirements
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comment.
AGENCY:

OSHA solicits public
comments concerning its proposal to
extend the Office of Management and
Budget’s (OMB) approval of the
information collection requirements
specified in the Standard on Concrete
and Masonry Construction (29 CFR part
1926, subpart Q).
DATES: Comments must be submitted
(postmarked, sent, or received) by
November 29, 2010.
ADDRESSES: Electronically: You may
submit comments and attachments
electronically at http://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for submitting
comments.
SUMMARY:

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Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Notices
Facsimile: If your comments,
including attachments, are not longer
than 10 pages, you may fax them to the
OSHA Docket Office at (202) 693–1648.
Mail, hand delivery, express mail,
messenger, or courier service: When
using this method, you must submit
three copies of your comments and
attachments to the OSHA Docket Office,
Docket No. OSHA–2010–0040, U.S.
Department of Labor, Occupational
Safety and Health Administration,
Room N–2625, 200 Constitution
Avenue, NW., Washington, DC 20210.
Deliveries (hand, express mail,
messenger, and courier service) are
accepted during the Department of
Labor’s and Docket Office’s normal
business hours, 8:15 a.m. to 4:45 p.m.,
e.t.
Instructions: All submissions must
include the Agency name and OSHA
docket number (OSHA–2010–0040) for
the Information Collection Request
(ICR). All comments, including any
personal information you provide, are
placed in the public docket without
change, and may be made available
online at http://www.regulations.gov.
For further information on submitting
comments see the ‘‘Public Participation’’
heading in the section of this notice
titled SUPPLEMENTARY INFORMATION.
Docket: To read or download
comments or other material in the
docket, go to http://www.regulations.gov
or the OSHA Docket Office at the
address above. All documents in the
docket (including this Federal Register
notice) are listed in the http://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through the Web site.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
You may also contact Theda Kenney at
the address below to obtain a copy of
the ICR.
FOR FURTHER INFORMATION CONTACT:
Theda Kenney or Todd Owen,
Directorate of Standards and Guidance,
OSHA, U.S. Department of Labor, Room
N–3609, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone (202)
693–2222.
SUPPLEMENTARY INFORMATION:
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I. Background
The Department of Labor, as part of its
continuing effort to reduce paperwork
and respondent (i.e., employer) burden,
conducts a preclearance consultation
program to provide the public with an
opportunity to comment on proposed
and continuing information collection
requirements in accordance with the

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Paperwork Reduction Act of 1995 (44
U.S.C. 3506(c)(2)(A)). This program
ensures that information is in the
desired format, reporting burden (time
and costs) is minimal, collection
instruments are clearly understood, and
OSHA’s estimate of the information
collection burden is accurate. The
Occupational Safety and Health Act of
1970 (the OSH Act) (29 U.S.C. 651 et
seq.) authorizes information collection
by employers as necessary or
appropriate for enforcement of the OSH
Act or for developing information
regarding the causes and prevention of
occupational injuries, illnesses, and
accidents (29 U.S.C. 657). The OSH Act
also requires that OSHA obtain such
information with minimum burden
upon employers, especially those
operating small businesses, and to
reduce to the maximum extent feasible
unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
The warning signs/barriers required
by paragraph 1926.701(c)(2) reduce
exposure of non-essential workers to the
hazards of post-tensioning operations,
principally a failed rope or wire striking
a worker and causing serious injury.
The requirements to lockout and tag
ejection systems and other hazardous
equipment (e.g., compressors, mixers,
screens or pumps used for concrete and
masonry construction) specified by
paragraphs 1926.702(a)(2), (j)(1), and
(j)(2) warn equipment operators not to
activate their equipment if another
worker enters the equipment to perform
a task (e.g., cleaning, inspecting,
maintenance, repairing); thereby
preventing serious injury or death.
Construction contractors and workers
use the drawings, plans, and designs
required by paragraph 1926.703(a)(2), to
provide specific instructions on how to
construct, erect, brace, maintain, and
remove shores and formwork if they
pour concrete at the jobsite. Paragraph
1926.705(b) requires employers to mark
the rated capacity of jacks and lifting
units. This requirement prevents
overloading and subsequent collapse of
jacks and lifting units, as well as their
loads, thereby sparing exposed workers
from serious injury and death.
II. Special Issues for Comment
OSHA has a particular interest in
comments on the following issues:
• Whether the proposed information
collection requirements are necessary
for the proper performance of the
Agency’s functions, including whether
the information is useful;
• The accuracy of OSHA’s estimate of
the burden (time and costs) of the
information collection requirements,

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60481

including the validity of the
methodology and assumptions used;
• The quality, utility, and clarity of
the information collected; and
• Ways to minimize the burden on
employers who must comply; for
example, by using automated or other
technological information collection
and transmission techniques.
III. Proposed Actions
OSHA is requesting an adjustment
decrease of 3,485 burden hours (from
15,088 hours to 11,603 hours). The
decrease is a result of the decreased
number of construction worksites from
2.43 million to 725,199.
Type of Review: Extension of a
currently approved collection.
Title: Concrete and Masonry
Construction (29 CFR part 1926, subpart
Q).
OMB Number: 1218–0095.
Affected Public: Business or other forprofits.
Number of Respondents: 145,040.
Frequency: On occasion.
Average Time per Response: Five
minutes (.08 hour) to post or place
warning signs, locks, or tags.
Estimated Total Burden Hours:
11,603.
Estimated Cost (Operation and
Maintenance): $0.
IV. Public Participation—Submission of
Comments on This Notice and Internet
Access to Comments and Submissions
You may submit comments in
response to this document as follows:
(1) Electronically at http://
www.regulations.gov, which is the
Federal eRulemaking Portal; (2) by
facsimile (fax); or (3) by hard copy. All
comments, attachments, and other
material must identify the Agency name
and the OSHA docket number for the
ICR (Docket No. OSHA–2010–0040).
You may supplement electronic
submissions by uploading document
files electronically. If you wish to mail
additional materials in reference to an
electronic or facsimile submission, you
must submit them to the OSHA Docket
Office (see the section of this notice
titled ADDRESSES). The additional
materials must clearly identify your
electronic comments by your name,
date, and the docket number so the
Agency can attach them to your
comments.
Because of security procedures, the
use of regular mail may cause a
significant delay in the receipt of
comments. For information about
security procedures concerning the
delivery of materials by hand, express
delivery, messenger, or courier service,
please contact the OSHA Docket Office

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Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Notices

at (202) 693–2350, (TTY (877) 889–
5627).
Comments and submissions are
posted without change at http://
www.regulations.gov. Therefore, OSHA
cautions commenters about submitting
personal information such as social
security numbers and date of birth.
Although all submissions are listed in
the http://www.regulations.gov index,
some information (e.g., copyrighted
material) is not publicly available to
read or download through this Web site.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
Information on using the http://
www.regulations.gov Web site to submit
comments and access the docket is
available at the Web site’s ‘‘User Tips’’
link. Contact the OSHA Docket Office
for information about materials not
available through the Web site, and for
assistance in using the Internet to locate
docket submissions.
V. Authority and Signature
David Michaels, PhD, MPH, Assistant
Secretary of Labor for Occupational
Safety and Health, directed the
preparation of this notice. The authority
for this notice is the Paperwork
Reduction Act of 1995 (44 U.S.C. 3506
et seq.) and Secretary of Labor’s Order
No. 5–2007 (72 FR 31160).
Signed at Washington, DC on September
27, 2010.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2010–24560 Filed 9–29–10; 8:45 am]
BILLING CODE 4510–26–P

DEPARTMENT OF LABOR

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Employee Benefits Security
Administration
Proposed Extension of Information
Collection Request Submitted for
Public Comment; Affordable Care Act
Enrollment Opportunity Notice
Relating to Dependent Coverage;
Affordable Care Act Grandfathered
Health Plan Disclosure and
Recordkeeping Requirement;
Affordable Care Act Rescission Notice;
Affordable Care Act Patient
Protections Notice; Affordable Care
Act Enrollment Opportunity Notice—
Prohibition on Lifetime Limits
Employee Benefits Security
Administration, Department of Labor.
ACTION: Notice.
AGENCY:

The Department of Labor (the
Department), in accordance with the

SUMMARY:

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Paperwork Reduction Act of 1995 (PRA
95) (44 U.S.C. 3506(c)(2)(A)), provides
the general public and Federal agencies
with an opportunity to comment on
proposed and continuing collections of
information. This helps the Department
assess the impact of its information
collection requirements and minimize
the public’s reporting burden. It also
helps the public understand the
Department’s information collection
requirements and provide the requested
data in the desired format. The
Employee Benefits Security
Administration (EBSA) is soliciting
comments on the proposed extension of
the information collection provisions of
the regulations under the Patient
Protection and Affordable Care Act
(Affordable Care Act) that are discussed
below. A copy of the information
collection requests (ICRs) may be
obtained by contacting the office listed
in the ADDRESSES section of this notice.
ICRs also are available at reginfo.gov
(http://www.reginfo.gov/public/do/
PRAMain).
DATES: Written comments must be
submitted to the office shown in the
Addresses section on or before
November 29, 2010.
ADDRESSES: G. Christopher Cosby,
Department of Labor, Employee Benefits
Security Administration, 200
Constitution Avenue, NW., Washington,
DC 20210, (202) 693–8410, FAX (202)
693–4745 (these are not toll-free
numbers).
SUPPLEMENTARY INFORMATION:
This notice requests public comment
on the Department’s request for
extension of the Office of Management
and Budget’s (OMB) approval of the
information collection requests (ICRs)
contained in the rules described below
that relate to the Affordable Care Act.
OMB approved the ICRs under the
emergency procedures for review and
clearance in accordance with the
Paperwork Reduction Act of 1995 (Pub.
L. 104–13, 44 U.S.C. Chapter 35) and 5
CFR 1320.13. The Department is not
proposing any changes to the existing
ICRs at this time. An agency may not
conduct or sponsor, and a person is not
required to respond to, an information
collection unless it displays a valid
OMB control number. A summary of the
ICRs and the current burden estimates
follows:
Agency: Employee Benefits Security
Administration, Department of Labor.
Title: Affordable Care Act Enrollment
Opportunity Notice Relating to
Dependent Coverage.
Type of Review: Extension without
change of a currently approved
collection of information.

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OMB Number: 1210–0139.
Affected Public: Individuals or
households; Business or other for-profit;
Not-for-profit institutions.
Respondents: 2,800,000.
Responses: 79,573,000.
Estimated Total Burden Hours:
411,000.
Estimated Total Burden Cost
(Operating and Maintenance):
$1,233,500.
Description: Section 2714 of the
Public Health Service Act (PHS Act), as
added by the Affordable Care Act, and
the Department’s interim final
regulation (29 CFR 2590.715–2714)
require group health plans and health
insurance insurers offering group or
individual health insurance coverage
that makes dependent coverage
available for children to continue to
make coverage available to such
children until the attainment of age 26.
Coverage does not have to be extended
to children of a child receiving
dependent coverage. For plan years
beginning on or after September 23,
2010 and before January 1, 2014, a
grandfathered group health plan is not
required to offer coverage to a
dependent child under 26 who is
otherwise eligible for employersponsored insurance. For plans with
initial years on or after January 1, 2014,
the plan must offer coverage regardless
of whether the dependent child is
otherwise eligible for coverage through
employer sponsored insurance.
Before the applicability date of PHS
Act section 2714, an individual who
was covered under a group health plan
(or group health insurance coverage) as
a dependent may have lost eligibility for
coverage under the plan due to age
before attaining age 26. Moreover, if a
child was under age 26 when a parent
first became eligible for coverage, but
older than the age at which the plan
stopped covering children, the child
would not have become eligible for
coverage. When the provisions of PHS
Act section 2714 become applicable to
the plan (or coverage), the plan or
coverage can no longer exclude coverage
for the individual until age 26.
Accordingly, the interim final
regulation (29 CFR 2590.715–2714(f))
requires plans to provide a notice of an
enrollment opportunity to individuals
whose coverage ended, or who was
denied coverage (or was not eligible for
coverage) under a group health plan or
group health insurance coverage
because, under the terms of the plan or
coverage, the availability of dependent
coverage of children ended before the
attainment of age 26. The Affordable
Care Act dependent coverage
enrollment opportunity notice is an

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