Published 60-day Notice

1024-0268 60-Day FRN published 01112016 81006 1202 2016-333.pdf

Commercial Use Authorization

Published 60-day Notice

OMB: 1024-0268

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1202

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

Dated: January 4, 2016.
Michael O. Harmening,
Chief Cadastral Surveyor, Nevada.
[FR Doc. 2016–318 Filed 1–8–16; 8:45 am]
BILLING CODE 4310–HC–P

DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCAD08000 L12200000.EA0000 241A; ]

Notice of Temporary Closures of
Public Lands for the King of the
Hammers Race in San Bernardino
County, CA
Bureau of Land Management,
Interior.
ACTION: Notice.
AGENCY:

As authorized under the
provisions of the Federal Land Policy
and Management Act of 1976, the
Bureau of Land Management (BLM) is
giving notice that certain public lands
near Twentynine Palms, California, will
be temporarily closed to all public use
to provide for public safety during the
2016 King of the Hammers Race Event.
DATES: Closure periods to all public use
are January 31, 2016, through February
6, 2016.
FOR FURTHER INFORMATION CONTACT:
Brian Bellew, (916) 978–4653, email:
[email protected].
SUPPLEMENTARY INFORMATION: This
closure applies to all public use,
including pedestrian use and vehicles.
The public lands affected by this closure
are described as follows:
SUMMARY:

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Land Description
San Bernardino Meridian
T. 5 N., R. 2 E.,
Secs. 1, 2, 11, 12, and 13.
T. 6 N., R. 2 E.,
Secs. 1, 12, 13, 14, 23 through 27, 34, and
35.
T. 4 N., R. 3 E.,
Sec. 1, lot 1 in NE1⁄4, lot 2 in NE1⁄4, lot 1
in NW1⁄4, lot 2 in NW1⁄4, NW1⁄4SW1⁄4,
and SE1⁄4;
Sec. 2;
Sec. 12, N1⁄2 and SE1⁄4.
T. 5 N., R. 3 E.,
Secs. 5 and 6;
Sec. 7, unsurveyed;
Sec. 8, E1⁄2 and W1⁄2, unsurveyed;
Secs. 13 and 14;
Sec. 17, NE1⁄4, W1⁄2, unsurveyed, and SE1⁄4,
unsurveyed;
Secs. 18, 19, and 20;
Sec. 21, E1⁄2 and W1⁄2, unsurveyed;
Secs. 22 through 28;
Sec. 29, NE1⁄4, W1⁄2, unsurveyed, and SE1⁄4,
unsurveyed;
Sec. 34, E1⁄2, unsurveyed and W1⁄2;
Sec. 35, NE1⁄4, W1⁄2, unsurveyed, and SE1⁄4,
unsurveyed;
Sec. 36, SW1⁄4, unsurveyed.

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T. 6 N., R. 3 E.,
Secs. 5 through 8, 17 through 20, 29, and
30.
T. 7 N., R. 3 E.,
Secs. 30 and 31;
Sec. 32, except that portion within MS
6715;
Sec. 33.
T. 4 N., R. 4 E.,
Secs. 1 through 11, 15, and 17;
Sec. 18, lot 1 in NW1⁄4, lot 2 in NW1⁄4, and
NE1⁄4;
Sec. 20, lots 1 through 8;
Secs. 21 through 24, 26, 27, and 28.
T. 5 N., R. 4 E.,
Secs. 18, 19, and 29 through 32.
T. 4 N., R. 5 E.,
Secs. 2 through 6, 8 and 9;
Sec. 10, unsurveyed;
Secs. 11 and 12;
Secs. 13, 14, and 15, all unsurveyed;
Sec. 16;
Secs. 17, 20 through 24, 26 through 29, and
32 through 35, all unsurveyed.
T. 5 N., R. 5 E.,
Secs. 32 and 34.
The area described aggregates 71,065 acres,
more or less, in San Bernardino County,
California.

The closure notice and a map of the
closure area will be posted at the
Barstow Field Office and on the BLM
Web site: http://www.blm.gov/ca/st/en/
fo/barstow_field.html. Roads leading
into the public lands under closure will
be posted to notify the public of the
closure.
Exceptions: Closure restrictions do
not apply to event officials, event
participants, registered spectators,
medical and rescue personnel, law
enforcement, and agency personnel
monitoring the events.
Enforcement: Any person who
violates this closure may be tried before
a United States Magistrate and fined in
accordance with 18 U.S.C. 3571 and
imprisoned for no more than 12 months
under 43 U.S.C. 1733(a) and 43 CFR
8360.0–7, or both. In accordance with
43 CFR 8365.1–7, State or local officials
may also impose penalties for violations
of California law.
Authority: 43 CFR 8360.0–7 and 8364.1
Thomas Pogacnik,
Deputy State Director for Resources.
[FR Doc. 2016–303 Filed 1–8–16; 8:45 am]
BILLING CODE 4310–40–P

DEPARTMENT OF INTERIOR
National Park Service
[NPS–WASO–BSD–CONC–20037;
PPWOBSADC0, PPMVSCS1Y.Y00000 (166)]

Proposed Information Collection;
Commercial Use Authorizations
AGENCY:

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National Park Service, Interior.

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Notice and request for
comments.

ACTION:

We (National Park Service,
NPS) will ask the Office of Management
and Budget (OMB) to approve the
information collection described below.
As required by the Paperwork
Reduction Act of 1995 and as part of our
continuing efforts to reduce paperwork
and respondent burden, we invite the
general public and other Federal
agencies to take this opportunity to
comment on this IC. This IC is
scheduled to expire on August 31, 2016.
We may not conduct or sponsor and a
person is not required to respond to a
collection of information unless it
displays a valid OMB control number.
DATES: To ensure we are able to
consider your comments, we must
receive them on or before March 11,
2016.
ADDRESSES: Please send your comments
on the ICR to Madonna L. Baucum,
Information Collection Clearance
Officer, National Park Service, 12201
Sunrise Valley Drive, Room 2C114, Mail
Stop 242, Reston, VA 20192 (mail); or
[email protected] (email).
Please reference OMB Control Number
‘‘1024–0268, CUA’’ in the subject line of
your comments.
FOR FURTHER INFORMATION CONTACT:
Samantha Towery, National Park
Service, 12795 West Alameda Parkway,
Lakewood, CO 80228; by fax at 303/
987–6901; or via email at Samantha_
[email protected].
SUPPLEMENTARY INFORMATION:
SUMMARY:

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

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Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices
Secretary determines appropriate. The
commercial operations include a range
of services, such as mountain climbing
guides, boat repair services,
transportation services and tours, canoe
livery operations, hunting guides, retail
sales, equipment rentals, catering
services, and dozens of other visitor
services.
Section 418 limits CUAs to:
• Commercial operations with annual
gross receipts of not more than $25,000
resulting from services originating and
provided solely within a unit of the
National Park System;
• Incidental use of resources of the
unit by commercial operations which
provide services originating and
terminating outside of the boundaries of
the unit; or
• Uses by organized children’s
camps, outdoor clubs and nonprofit
institutions (including back country
use) and such other uses as the
Secretary determines appropriate.
The legislative mandate of the NPS,
found at 54 U.S.C. 1100101, is to
preserve America’s natural wonders
unimpaired for future generations,
while also making them available for the
enjoyment of visitors. Meeting this
mandate requires the NPS to balance
preservation with use. Maintaining a
good balance requires both information
and limits. The information requested

will allow the unit manager to evaluate
requests for a commercial use to
determine impact on the resources and
the appropriateness of the activity.
We collect information on the CUA
Application (Form 10–550), the CUA
Annual Report (Form 10–660), and CUA
Monthly Report (Form 10–660A). We
use the information from these forms to:
• Manage the program and
operations.
• Determine the qualifications and
abilities of the commercial operators to
provide a high quality, safe, and
enjoyable experience for park visitors.
• Determine the impact on the parks
natural and cultural resources.
• Manage the use and impact of
multiple operators.
The information requested will allow
the NPS to evaluate requests for a
commercial use authorization and
determine the suitability of the
applicants to safely and effectively
provide an appropriate service to the
visiting public. It will also enable the
NPS to manage the activity in a manner
that protects the natural and cultural
resources and the park visitor.
Management includes, but is not limited
to, managing the number of permits
issued, determining the location and
time that the activity occurs, and
requiring the appropriate visitor
Annual
respondents

protections including insurance,
equipment, training, and procedures.
Regulations resulting in information
collection required for a Commercial
Use Authorization:
36 CFR 1.6—Permits
36 CFR 2—Resource Protection, Public
Use and Recreation
36 CFR 5—Commercial and Private
Operations
36 CFR 7—Special Regulations
36 CFR 13—National Park System Units
in Alaska
II. Data
OMB Number: 1024–0268.
Title: Commercial Use Authorization.
Form(s): 10–550, ‘‘Commercial Use
Authorization Application and
Instructions’’, 10–660, ‘‘Commercial Use
Authorization Annual Report and
Instructions’’, and 10–660A,
‘‘Commercial Use Authorization
Monthly Report and Instructions’’.
Type of Request: Extension of a
Currently Approved Collection.
Description of Respondents:
Respondents will be individuals or
small businesses that wish to provide a
commercial service to visitors in areas
of the National Park System.
Respondent Obligation: Mandatory.
Estimated Total Annual Burden
Hours:

Total annual
responses

Average time
per response
(hours)

Total annual
burden hours

Form 10–550, ‘‘Commercial Use Authorization Application and Instructions’’
Individual ..................................................................................
Private Sector ..........................................................................

100
5,150

100
5,150

2.5
2.5

250
12,875

8
8

125
8,750

Form 10–660, ‘‘Commercial Use Authorization Annual Report and Instructions’’
Individual ..................................................................................
Private Sector ..........................................................................

100
7,000

100
7,000

Form 10–660A, ‘‘Commercial Use Authorization Monthly Report and Instructions’’
Individual ..................................................................................
Private Sector ..........................................................................

100
7,000

900
63,000

.75
.75

675
47,250

Totals: ...............................................................................

12,350

12,350

..............................

69,925

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Estimated Annual Nonhour Burden
Cost: $525,000 ($100 × 5,250 Forms 10–
550, ‘‘Commercial Use Authorization
Application and Instructions’’ per year).
III. Comments
We invite comments concerning this
information collection on:
• Whether or not the collection of
information is necessary, including
whether or not the information will
have practical utility;

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• The accuracy of the burden for this
collection of information;
• Ways to enhance the quality, utility,
and clarity of the information to be
collected; and
• Ways to minimize the burden to
respondents, including use of
automated information techniques or
other forms of information technology.
Please note that the comments
submitted in response to this notice are
a matter of public record. We will
include or summarize each comment in

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our request to OMB to approve this IC.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment, including your
personal identifying information, may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that it will be done.

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

Dated: January 4, 2016.
Madonna L. Baucum,
Information Collection Clearance Officer,
National Park Service.
[FR Doc. 2016–333 Filed 1–8–16; 8:45 am]
BILLING CODE 4310–EH–P

INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–698 (Remand)]

Certain DC–DC Controllers and
Products Containing Same;
Commission Determination To Adopt a
Recommended Remand
Determination; Issuance of Modified
Civil Penalty Order and Termination of
Remand Enforcement Proceeding
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:

Notice is hereby given that
the U.S. International Trade
Commission has determined to adopt a
remand recommended determination
(‘‘RRD’’) of the presiding administrative
law judge (‘‘ALJ’’) adding eleven (11)
days to the total number of days
enforcement respondent uPI
Semiconductor Corporation (‘‘uPI’’) of
Hsinchu, Taiwan, violated the August
13, 2010 consent order (‘‘the Consent
Order’’). The Commission has adopted
the RRD as a final determination of the
Commission, issued a modified civil
penalty order in the amount of $650,000
directed against uPI, and has terminated
the remand enforcement proceeding.
FOR FURTHER INFORMATION CONTACT:
Clint Gerdine, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
708–2310. 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 ordered this remand

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SUMMARY:

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enforcement proceeding on April 8,
2015, in view of the Federal Circuit’s
decision in uPI Semiconductor Corp. v.
ITC and Richtek Technology Corp. v.
ITC, 767 F.3d 1372 (Fed. Cir. 2014). See
Comm’n Order (Apr. 8, 2015). The
Commission instituted the original
enforcement proceeding on September
6, 2011, based on an enforcement
complaint filed by Richtek Technology
Corp. of Hsinchu, Taiwan, and Richtek
USA, Inc. of San Jose, California
(collectively ‘‘Richtek’’). 76 FR 55109–
10. The complaint alleged violations of
the August 13, 2010, consent orders
issued in the underlying investigation
by the continued practice of prohibited
activities such as importing, offering for
sale, and selling for importation into the
United States DC–DC controllers or
products containing the same that
infringe one or more of U.S. Patent Nos.
7,315,190 (‘‘the ’190 patent’’); 6,414,470
(‘‘the ’s ’470 patent’’); and 7,132,717
(‘‘the ’717 patent’’); or that contain or
use Richtek’s asserted trade secrets. The
Commission’s notice of institution of
enforcement proceedings named uPI
and Sapphire Technology Limited
(‘‘Sapphire’’) of Shatin, Hong Kong as
respondents. The Office of Unfair
Import Investigations participated in the
enforcement proceeding. Sapphire was
later terminated from the enforcement
proceeding based on a settlement
agreement.
On June 8, 2012, the presiding
administrative law judge (‘‘ALJ’’) issued
his enforcement initial determination
(‘‘EID’’) finding a violation of the
Consent Order by uPI. The ALJ found
importation and sale of accused
products that infringe all asserted
claims of the patents at issue, and
importation and sale of formerly
accused products that contain or use
Richtek’s asserted trade secrets. He
found that uPI’s products developed
after the consent order issued (‘‘postConsent Order products’’) did not
misappropriate Richtek’s asserted trade
secrets. Also, he recommended
enforcement measures for uPI’s
violation that included the following:
(1) Modifying the Consent Order to
clarify that the Order applies (and has
always applied) to all uPI affiliates, past,
present, or future; and (2) imposing a
civil penalty of $750,000 against uPI.
The Commission did not review the
EID with respect to the trade secret
allegations, but did review the EID as to
certain patent infringement allegations
and the number of violation days. On
November 14, 2012, after review, the
Commission determined to affirm-inpart, reverse-in-part, modify-in-part, and
vacate-in-part the EID’s findings under
review. The Commission affirmed the

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ALJ’s finding that uPI violated the
consent order, and imposed a civil
penalty of $620,000 on respondent uPI
for violation of the Consent Order on 62
days. The Commission also affirmed the
ALJ’s finding of direct infringement of
claims 1–11 and 26–27 of the ’190
patent with respect to uPI’s formerly
accused products. The Commission also
vacated the ALJ’s finding that uPI does
not induce infringement of claims 1–11
and 26–27 of the 190 patent. The
Commission also determined to reverse
the ALJ’s finding that claims 29 and 34
of the 470 patent are directly infringed
by respondent uPI’s accused DC–DC
controllers and products containing the
same, and determined that Richtek
waived any allegations of indirect
infringement with respect to the ’470
patent. This action resulted in a finding
of no violation of the Consent Order
with respect to the ’470 patent. Further,
the Commission vacated as moot the
portion of the EID relating to the ’717
patent because the asserted claims 1–3
and 6–9 were cancelled by issuance of
Ex Parte Reexamination Certificate No.
U.S. 7,132,717 C1 on October 3, 2012.
The Commission also affirmed the ALJ’s
finding that uPI’s formerly accused
products contained or used Richtek’s
asserted trade secrets to violate the
Consent Order, but that uPI’s postConsent Order products did not
misappropriate Richtek’s asserted trade
secrets.
Both uPI and Richtek timely appealed
the Commission’s final determination.
The Federal Circuit issued its opinion in
the two appeals on September 25, 2014.
See 767 F.3d 1372. The Court affirmed
the Commission’s findings regarding
uPI’s appeal with a slight modification,
but regarding Richtek’s appeal, the
Court reversed the Commission’s
determination that uPI did not violate
the Consent Order based on trade secret
misappropriation with respect to uPI’s
post-Consent Order products. Id.
Specifically, the Court found that, on
the record provided, substantial
evidence did not support the
Commission’s conclusion that uPI’s
post-Consent Order products were
independently developed. Id. at 1383.
Also specifically, regarding uPI’s appeal
and before deciding Richtek’s appeal,
the Court reduced the number of days
of violation by eight (8) days to fifty-four
(54) days. Id. at 1380. The Court
remanded the case to the Commission
for further proceedings with respect to
violation of the Consent Order. Id. at
1383. On December 1, 2014, the Court
denied uPI’s petition for rehearing of the
Court’s finding of no independent
development of uPI’s post-Consent

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