published 60-Day FRN

27868.pdf

Suspensions Pending Appeal and Bonding

published 60-Day FRN

OMB: 1012-0006

Document [pdf]
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27868

Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices

FOR FURTHER INFORMATION CONTACT:

Rudy Schuster, Supervisory Social
Scientist, at (970) 226–9165 or
[email protected].
SUPPLEMENTARY INFORMATION:

asabaliauskas on DSKBBXCHB2PROD with NOTICES

I. Abstract
The USGS Land Remote Sensing
(LRS) Program is currently planning for
the next generation of Landsat satellites.
These satellites will continue the multidecadal continuous collection of
moderate-resolution, multispectral,
remotely-sensed imagery through the
Landsat program. Landsat satellite
imagery has been available at no cost to
the public since 2008, which has
resulted in the distribution of millions
of scenes each subsequent year, as well
as tens of thousands of Landsat users
registering with USGS to access the
data. In order to continue to provide
high quality imagery that meets the
needs of users, LRS is collecting current
and future user requirements for sensor
and satellite attributes. These attributes
include spatial resolution, spectral
bands, frequency of acquisition, and
many others. LRS will use the
information from this collection to
understand if they are currently meeting
the needs of their user community and
to help determine the features of future
Landsat satellites. Questions will be
asked to determine user characteristics,
current uses of imagery, preferred
attributes of Landsat imagery, and
benefits of Landsat imagery. All current
Landsat imagery users who are
registered with USGS will be invited to
take part in the survey.
To protect the confidentiality and
privacy of survey respondents, the data
from the survey will not be associated
with any respondent’s email address at
any time and will only be analyzed and
reported in aggregate. All files
containing PII will be passwordprotected, housed on secure USGS
servers, and only accessible to the
research team. The data from the survey
will be aggregated and statistically
analyzed and the results will be
published in publically available USGS
reports.
II. Data
OMB Control Number: 1028–NEW.
Title: Current and Future Landsat
User Requirements.
Type of Request: New information
collection.
Affected Public: General public.
Respondent’s Obligation: None.
Participation is voluntary.
Frequency of Collection: One time
only.
Estimated Annual Number of
Respondents: 11,000.

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Estimated Total Number of Annual
Responses: 11,000.
Estimated Time per Response: 20
minutes.
Estimated Annual Burden Hours:
3,667.
Estimated Reporting and
Recordkeeping ‘‘Non-Hour Cost’’
Burden: None.
Public Disclosure Statement: The PRA
(44 U.S.C. 3501, et seq.) provides that an
agency may not conduct or sponsor and
you are not required to respond to a
collection of information unless it
displays a currently valid OMB control
number and current expiration date.
III. Request for Comments
We are soliciting comments as to: (a)
Whether the proposed collection of
information is necessary for the agency
to perform its duties, including whether
the information is useful; (b) the
accuracy of the agency’s estimate of the
burden of the proposed collection of
information; (c) ways to enhance the
quality, usefulness, and clarity of the
information to be collected; and (d) how
to minimize the burden on the
respondents, including the use of
automated collection techniques or
other forms of information technology.
Please note that the comments
submitted in response to this notice are
a matter of public record. Before
including your personal mailing
address, phone number, email address,
or other personally identifiable
information in your comment, you
should be aware that your entire
comment, including your personally
identifiable information, may be made
publicly available at any time. While
you can ask us in your comment to
withhold your personally identifiable
information from public view, we
cannot guarantee that we will be able to
do so.
Dated: April 12, 2017.
Sharon Taylor,
Fort Collins Science Center Director.
[FR Doc. 2017–12726 Filed 6–16–17; 8:45 am]
BILLING CODE 4338–11–P

DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
[Docket No. ONRR–2011–0008; DS63644000
DR2000000.CH7000 178D0102R2 ]

Agency Information Collection
Activities: Suspensions Pending
Appeal and Bonding
Office of Natural Resources
Revenue (ONRR), Interior.
ACTION: Notice.
AGENCY:

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To comply with the
Paperwork Reduction Act of 1995
(PRA), ONRR is inviting comments on
the renewal of a collection of
information that we will submit to the
Office of Management and Budget
(OMB) for review and approval. This
ICR covers the paperwork requirements
in the regulations under 30 CFR 1243.
DATES: Submit written comments on or
before August 18, 2017.
ADDRESSES: You may submit comments
on this ICR to ONRR by using one of the
following three methods: (Please use
‘‘ICR 1012–0006’’ as an identifier in
your comment).
1. Electronically go to http://
www.regulations.gov. In the entry titled
‘‘Enter Keyword or ID,’’ enter ‘‘ONRR–
2012–0006’’ and then click ‘‘Search.’’
Follow the instructions to submit public
comments. ONRR will post all
comments.
2. Email comments to Mr. Luis
Aguilar, Regulatory Specialist, at
[email protected].
3. Hand-carry or mail comments,
using an overnight courier service, to
ONRR. Our courier address is Building
53, Entrance E–20, Denver Federal
Center, West 6th Ave. and Kipling St.,
Denver, Colorado 80225. Visitor parking
is available near entrance E–20, with a
phone to request entry. Call Mr.
Armando Salazar at (303) 231–3585 or
Ms. Janet Giron at (303) 231–3088 to
gain entrance.
FOR FURTHER INFORMATION CONTACT: For
questions on technical issues, contact
Ms. Kimberly Werner, Office of
Enforcement (OE), ONRR, at (303) 231–
3801 or email to Kimberly.Werner@
onrr.gov. For other questions, contact
Mr. Luis Aguilar, at (303) 231–3418, or
email to [email protected]. You
may also contact Mr. Aguilar to obtain
copies (free of charge) of (1) the ICR and
(2) the regulations that require the
subject collection of information. You
may also review the information
collection request online at http://
www.reginfo.gov/public/do/PRAMain.
SUPPLEMENTARY INFORMATION:
Abstract: The Secretary of the United
States Department of the Interior is
responsible for mineral resource
development on Federal and Indian
lands and the Outer Continental Shelf
(OCS). Under various laws, the
Secretary’s responsibility is to manage
mineral resources production on
Federal and Indian lands and the OCS,
collect the royalties and other mineral
revenues due, and distribute the funds
collected. The Secretary also has a trust
responsibility to manage Indian lands
and seek advice and information from
Indian beneficiaries. ONRR performs the
SUMMARY:

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Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices
minerals revenue management functions
for the Secretary and assists the
Secretary in carrying out the
Department’s trust responsibility for
Indian lands. We have posted those
laws pertaining to mineral leases on
Federal and Indian lands and the OSC
at http://www.onrr.gov/Laws_R_D/
PubLaws/default.htm.
I. General Information
When a company or an individual
enters into a lease to explore, develop,
produce, and dispose of minerals from
Federal or Indian lands, that company
or individual agrees to pay the lessor a
share in an amount or value of
production from the leased lands. The
lessee is required to report various kinds
of information to the lessor relative to
the disposition of the minerals, such as
developing, transporting, processing,
purchasing, or selling such minerals.
The information collected includes data
necessary to ensure that production is
accurately valued and that royalties are
appropriately paid.
If ONRR determines that a lessee has
not properly reported or paid, we may
issue an order to pay, a Notice of
Noncompliance, or a Civil Penalty
Notice requiring correct reporting or
payment. Lessees then have a right to
appeal ONRR’s determination(s).

asabaliauskas on DSKBBXCHB2PROD with NOTICES

II. Information Collection
Regulations at 30 CFR part 1243
govern the submission of appropriate
surety instruments to suspend
compliance with orders or decisions
and to stay the accrual of civil penalties
(if the Office of Hearings and Appeals
grants a lessee’s petition to stay accrual
of civil penalties), pending
administrative appeal for Federal and
Indian leases. For Federal oil and gas
leases, under 30 U.S.C. 1724(l) and its
implementing regulations in 30 CFR
part 1243, appellants who are requesting
a suspension without providing a surety
must submit information to demonstrate
financial solvency. This ICR covers the
burden hours associated with
submitting financial statements or
surety instruments required to stay an
ONRR order, decision, or accrual of civil
penalties.
Stay of Payment Pending Appeal
Title 30 CFR 1243.1 states that lessees
or recipients of ONRR orders may
suspend compliance with an order if
they appeal under 30 CFR part 1290.
Pending appeal, ONRR may suspend the
payment requirement if the appellant
submits a formal agreement of payment
in case of default such as a bond or
other surety; for Federal oil and gas
leases, the appellant may demonstrate

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financial solvency. If the Office of
Hearings and Appeals grants a lessee’s,
or other recipient of a Notice of
Noncompliance or Civil Penalty Notice,
request to stay the accrual of civil
penalties under 30 CFR 1241.55(b)(2)
and 1241.63(b)(2), the lessee or other
recipient must post a bond or other
surety; for Federal oil and gas leases, the
appellant may demonstrate financial
solvency.
ONRR accepts the following surety
types: Form ONRR–4435,
Administrative Appeal Bond; form
ONRR–4436, Letter of Credit; form
ONRR–4437, Assignment of Certificate
of Deposit; Self-bonding; and U.S.
Treasury Securities.
When one of the surety types is
selected and put in place, appellants
must maintain the surety until
completion of the appeal. If the appeal
is decided in favor of the appellant,
ONRR returns the surety to the
appellant. If the appeal is decided in
favor of ONRR, then we will take action
to collect the total amount due or draw
down on the surety. We draw down on
a surety if the appellant fails to comply
with requirements relating to amount
due, timeframe, or surety submission or
resubmission. Whenever ONRR must
draw down on a surety, we must draw
down the total amount due, which is
defined as unpaid principal plus the
interest accrued to the projected receipt
date of the surety payment. Appellants
may refer to the Surety Instrument
Posting Instructions, which are on our
Web site at http://www.onrr.gov/
compliance/appeals.htm.
Forms and Other Surety Types
Form ONRR–4435, Administrative
Appeal Bond
Appellants may file Form ONRR–
4435, Administrative Appeal Bond,
which ONRR uses to secure the
financial interests of the public and
Indian lessors during the entire
administrative and judicial appeal
process. Under 30 CFR 1243.4,
appellants are required to submit their
contact and surety amount information
on the bond to obtain the benefit of
suspension of an obligation to comply
with an order. The bond must be issued
by a qualified surety company that the
U.S. Department of the Treasury
approves (see Department of the
Treasury Circular No. 570, revised
periodically in the Federal Register).
The Director for ONRR or the delegated
bond-approving officer maintains these
bonds in a secure facility. After the
appeal has concluded, ONRR may
release and return the bond to the
appellant or collect payment on the

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27869

bond. If collection is necessary for a
remaining balance, ONRR will issue a
demand for payment to the surety
company with a notice to the appellant.
We will also include all interest accrued
on the affected receivable.
Form ONRR–4436, Letter of Credit
Appellants may choose to file form
ONRR–4436, Letter of Credit, with no
modifications. Requirements at 30 CFR
1243.4 continues to apply. The Director
or the delegated bond-approving officer
maintains the Letter of Credit (LOC) in
a secure facility. The appellant is
responsible for verifying that the bank
provides a current Fitch rating to ONRR.
After the appeal has been concluded, we
may release and return the LOC to the
appellant or collect payment on the
LOC. If collection is necessary for a
remaining balance, we will issue a
demand for payment, which includes all
interest assessed on the affected
receivable, to the bank with a notice to
the appellant.
Form ONRR–4437, Assignment of
Certificate of Deposit
Appellants may choose to secure a
debt by requesting to use a Certificate of
Deposit (CD) from a bank with the
required minimum rating and
submitting form ONRR–4437,
Assignment of Certificate of Deposit.
Requirements at 30 CFR 1243.4
continues to apply. Appellants must file
the request with ONRR prior to the
invoice due date. We will accept a bookentry CD that explicitly assigns the CD
to the Director. If collection of the CD
is necessary for an unpaid balance, we
will return unused CD funds to the
appellant after total settlement of the
appealed issues, including applicable
interest charges.
Self-Bonding
For Federal oil and gas leases,
regulations at 30 CFR 1243.201, provide
that no surety instrument is required
when a person representing the
appellant periodically demonstrates, to
the satisfaction of ONRR, that the
guarantor or appellant is financially
solvent or otherwise able to pay the
obligation. Appellants must submit a
written request to ‘‘self-bond’’ every
time a new appeal is filed. To evaluate
the financial solvency and exemption
from requirements of appellants to
maintain a surety related to an appeal,
ONRR requires appellants to submit a
consolidated balance sheet, subject to
annual audit. In some cases, we also
require copies of the most recent tax
returns (up to 3 years) filed by
appellants.

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27870

Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices

In addition, appellants must annually
submit financial statements, subject to
annual audit, to support their net worth.
ONRR uses the consolidated balance
sheet or business information supplied
to evaluate the financial solvency of a
lessee, designee, or payor seeking a stay
of payment obligation pending review.
If appellants do not have a consolidated
balance sheet documenting their net
worth or if they do not meet the $300
million net worth requirement, ONRR
selects a business information or credit
reporting service to provide information
concerning an appellant’s financial
solvency. ONRR charges the appellant a
$50 fee each time we need to review
data from a business information or
credit reporting service. The fee covers
our costs in determining an appellant’s
financial solvency.
U.S. Treasury Securities
Appellants may choose to secure their
debts by requesting to use a U.S.

Treasury Security (TS). Appellants must
file the letter of request with ONRR
prior to the invoice due date. The TS
must be a U.S. Treasury note or bond
with maturity equal to or greater than 1
year. The TS must equal 120 percent of
the appealed amount plus 1 year of
estimated interest (necessary to protect
ONRR against interest rate fluctuations).
ONRR only accepts book-entry TS.
III. OMB Approval
We are requesting OMB’s approval to
continue to collect this information. Not
collecting this information would limit
the Secretary’s ability to discharge the
duties of the office and also may result
in loss of royalty and other payments.
Proprietary information submitted to
ONRR under this collection is protected,
and there are no questions of a sensitive
nature included in this information
collection. A response is mandatory in
order to suspend compliance with an
order pending appeal.

IV. Data
Title: Suspensions Pending Appeal
and Bonding.
OMB Control Number: 1012–0006.
Bureau Form Numbers: forms ONRR–
4435, ONRR–4436, and ONRR–4437.
Frequency: Annually and on occasion.
Estimated Number and Description of
Respondents: 105 Federal or Indian
appellants.
Estimated Annual Reporting and
Recordkeeping ‘‘Hour’’ Burden: 210
hours.
The following table shows the
estimated annual burden hours by CFR
section and paragraph. We have not
included in our estimates certain
requirements performed in the normal
course of business and considered usual
and customary.

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS
Citation 30 CFR Part 1243

Reporting and recordkeeping requirement

Hour burden

Average number of annual
responses

1243.4(a)(1); 1243.6;
1243.7(a); 1243.8(a)(2)
and (b)(2); 1243.101(b);
1243.202(c).

How do I suspend compliance with an order?
(a) If you timely appeal an order, and if that order or
portion of that order: (1) Requires you to make a
payment, and you want to suspend compliance
with that order, you must post a bond or other surety instrument or demonstrate financial solvency
* * *.
How do I demonstrate financial solvency? .................
(a) To demonstrate financial solvency under this part,
you must submit an audited consolidated balance
sheet, and, if requested by the ONRR bond-approving officer, up to 3 years of tax returns to the
ONRR, * * *.
(b) You must submit an audited consolidated balance
sheet annually, and, if requested, additional annual
tax returns on the date ONRR first determined that
you demonstrated financial solvency as long as
you have active appeals, or whenever ONRR requests * * *.

2 hours ........

40 (surety instruments:
Forms ONRR–4435,
ONRR–4436, ONRR–
4437, or TS).

80

2 hours ........

65 self-bonding submissions.

130

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

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

105 ....................................

210

1243.200(a) and (b);
1243.201(c)(1), (c)(2)(i)
and (c)(2)(ii) and (d)(2).

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Total Burden ..............

Estimated Annual Reporting and
Recordkeeping ‘‘Non-hour’’ Cost
Burden: There are no additional
recordkeeping costs associated with this
information collection. However, ONRR
estimates 5 appellants per year will pay
a $50 fee to obtain credit data from a
business information or credit reporting
service, which is a total ‘‘non-hour’’ cost
burden of $250 per year (5 appellants
per year × $50 = $250).
Public Disclosure Statement: The PRA
(44 U.S.C. 3501 et seq.) provides that an
agency may not conduct or sponsor, and
a person is not required to respond to,
a collection of information unless it

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displays a currently valid OMB control
number.
IV. Request for Comments
Comments: Section 3506(c)(2)(A) of
the PRA requires each agency to ‘‘* * *
provide 60-day notice in the Federal
Register * * * and otherwise consult
with members of the public and affected
agencies concerning each proposed
collection of information * * *.’’
Agencies must specifically solicit
comments to: (1) Evaluate whether the
proposed collection of information is
necessary for the agency to perform its
duties, including whether the
information is useful; (2) evaluate the

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Annual burden
hours

accuracy of the agency’s estimate of the
burden of the proposed collection of
information; (3) enhance the quality,
usefulness, and clarity of the
information that ONRR collects; and (4)
minimize the burden on the
respondents, including the use of
automated collection techniques or
other forms of information technology.
The PRA also requires agencies to
estimate the total annual reporting
‘‘non-hour cost’’ burden to respondents
or record-keepers resulting from the
collection of information. If you have
costs to generate, maintain, and disclose
this information, you should comment
and provide your total capital and

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Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices
startup cost components or annual
operation, maintenance, and purchase
of service components. You should
describe the methods that you use to
estimate (1) major cost factors, including
system and technology acquisition, (2)
expected useful life of capital
equipment, (3) discount rate(s), and (4)
the period over which you incur costs.
Capital and startup costs include,
among other items, computers and
software that you purchase to prepare
for collecting information; monitoring,
sampling, and testing equipment; and
record storage facilities. Generally, your
estimates should not include equipment
or services purchased: (i) Before October
1, 1995; (ii) to comply with
requirements not associated with the
information collection; (iii) for reasons
other than to provide information or
keep records for the Federal
government; or (iv) as part of customary
and usual business or private practices.
We will summarize written responses
to this notice and address them in our
ICR submission for OMB approval,
including appropriate adjustments to
the estimated burden. We will provide
a copy of the ICR to you without charge
upon request. We also will post the ICR
at http://www.onrr.gov/Laws_R_D/
FRNotices/ICR0122.htm.
Public Comment Policy: ONRR will
post all comments, including names and
addresses of respondents at http://
www.regulations.gov. Before including
Personally Identifiable Information (PII),
such as your address, phone number,
email address, or other personal
information in your comment(s), you
should be aware that your entire
comment (including PII) may be made
available to the public at any time.
While you may ask us, in your
comment, to withhold PII from public
view, we cannot guarantee that we will
be able to do so.
ONRR Information Collection
Coordinator: Jeffrey Parrillo (202) 208–
7072.

asabaliauskas on DSKBBXCHB2PROD with NOTICES

Authority
The authorities for this action are the
Mineral Leasing Act of 1920 (30 U.S.C.
192), Outer Continental Shelf Lands Act
(43 U.S.C. 1353), Indian Mineral
Development Act of 1982 (Pub. L. 97–
382—Dec. 22, 1982), and the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Gregory J. Gould,
Director, Office of Natural Resources
Revenue.
[FR Doc. 2017–12596 Filed 6–16–17; 8:45 am]
BILLING CODE 4335–30–P

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INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1008]

Certain Carbon Spine Board, Cervical
Collar, CPR Masks and Various
Medical Training Manikin Devices, and
Trademarks, Copyrights of Product
Catalogues, Product Inserts and
Components Thereof; Issuance of a
Limited Exclusion Order Against Three
Respondents Found in Default;
Issuance of a Cease and Desist Order;
Termination of the Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:

Notice is hereby given that
the U.S. International Trade
Commission has issued a limited
exclusion order (‘‘LEO’’) against certain
products of Medsource International
Co., Ltd.; Medsource Factory, Inc.; and
Basic Medical Supply, LLC. The
Commission has also issued a cease and
desist order (‘‘CDO’’) against respondent
Basic Medical Supply, LLC. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT:
Robert Needham, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
708–5468. 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 (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 this investigation
on June 24, 2016, based on an amended
complaint, as supplemented, filed by
Laerdal Medical Corp. of Wappingers
Falls, New York, and Laerdal Medical
AS of Stavanger, Norway (together,
‘‘Laerdal’’). 81 FR 41349–50. The
investigation was instituted to
determine whether there is a violation
of section 337 of the Tariff Act of 1930,
as amended, 19 U.S.C. 1337 (‘‘section
337’’), in the importation into the
SUMMARY:

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United States, the sale for importation,
and the sale within the United States
after importation of certain carbon spine
board, cervical collar, CPR masks,
various medical training manikin
devices, trademarks, copyrights of
product catalogues and products inserts,
and components thereof by reason of
one or more of: (1) Infringement of claim
1 of U.S. Patent No. 6,090,058 (‘‘the ’058
patent’’); (2) infringement of U.S.
Trademark Registration No. 3,476,656
(‘‘the ’656 mark’’); (3) infringement of
U.S. Copyright Registration Nos. VA 1–
879–023 or VA 1–879–026 (‘‘the ’023
and ’026 copyrights’’); and (4)
infringement and misappropriation of
certain Laerdal trade dresses. Id. at
41349. The Commission’s notice of
investigation named as respondents
Shanghai Evenk International Trading
Co., Ltd., Shanghai Honglian Medical
Instrument Development Co., Ltd., and
Shanghai Jolly Medical Education Co.,
Ltd., all of Shanghai, China;
Zhangjiagang Xiehe Medical Apparatus
& Instruments Co., Ltd., Zhangjiagang
New Fellow Med Co., Ltd., Jiangsu
Yongxin Medical Equipment Co., Ltd.,
and Jiangsu Yongxin Medical-Use
Facilities Making, Co., Ltd, all of
Zhangjiagang City, China; Jiangyin
Everise Medical Devices Co., Ltd., of
Jiangyin City, China; Medsource
International Co., Ltd. (‘‘Medsource
International’’) and Medsource Factory,
Inc. (‘‘Medsource Factory’’), both of
PuDong, China; and Basic Medical
Supply, LLC (‘‘Basic Medical’’) of
Richmond, Texas (collectively,
‘‘Respondents’’). Id. at 41350. The Office
of Unfair Import Investigations (‘‘OUII’’)
was also named as a party. Id.
On November 7, 2016, the presiding
administrative law judge (‘‘ALJ’’)
ordered all of the respondents to show
cause why they should not be held in
default for failing to respond to the
amended complaint and Notice of
Investigation, and set a response
deadline of November 14, 2016. Order
No. 5. No responses were filed. On
November 21, 2016, the ALJ issued an
initial determination (Order No. 6)
finding all respondents in default
pursuant to Commission Rules 210.16
and 210.17. No petitions for review of
the ID were filed. On December 20,
2016, the Commission determined not
review the ID, and sought submission
from the parties and the public on
remedy, the public interest, and
bonding.
The Commission received responsive
submissions from Laerdal and OUII on
January 5, 2017, and reply submissions
from Laerdal and OUII on January 10,
2017. The submissions agreed that the
appropriate remedy is the entry of a

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