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15222

Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Notices
SUPPLEMENTARY INFORMATION:

DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[OMB Control Number 1615–0095]

Agency Information Collection
Activities; Revision of a Currently
Approved Collection: Notice of Appeal
or Motion
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: 30-Day notice.
AGENCY:

The Department of Homeland
Security (DHS), U.S. Citizenship and
Immigration Services (USCIS) will be
submitting the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995. The purpose of this notice is to
allow an additional 30 days for public
comments.
DATES: Comments will be accepted until
April 16, 2020.
ADDRESSES: Written comments and/or
suggestions regarding the item(s)
contained in this notice, especially
regarding the estimated public burden
and associated response time, must be
directed to the OMB USCIS Desk Officer
via email at dhsdeskofficer@
omb.eop.gov. All submissions received
must include the agency name and the
OMB Control Number 1615–0095 in the
subject line.
You may wish to consider limiting the
amount of personal information that you
provide in any voluntary submission
you make. For additional information
please read the Privacy Act notice that
is available via the link in the footer of
http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
USCIS, Office of Policy and Strategy,
Regulatory Coordination Division,
Samantha Deshommes, Chief, 20
Massachusetts Avenue NW,
Washington, DC 20529–2140, telephone
number (202) 272–8377. This is not a
toll-free number; comments are not
accepted via telephone message. Please
note contact information provided here
is solely for questions regarding this
notice. It is not for individual case
status inquiries. Applicants seeking
information about the status of their
individual cases can check Case Status
Online, available at the USCIS website
at http://www.uscis.gov, or call the
USCIS Contact Center at (800) 375–
5283; TTY (800) 767–1833.

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SUMMARY:

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I. Proposed Changes to the Form
Instructions for Form I–290B
On December 6, 2019, USCIS
published a notice in the Federal
Register requesting public comments for
60-days on its proposed update to the
Form I–290B, Notice of Appeal or
Motion, and its form instructions. 84 FR
66924 (Dec. 6, 2019) (60-day notice). In
the 60-day notice, USCIS explained that
it was proposing to clarify the AAO’s
procedural requirements as provided in
the Form I–290B in a number of ways.
USCIS received six comments and we
have responded to the comments in the
addendum attached to the supporting
statement that has been submitted to
OMB with the request for approval of
this information collection. A summary
of the changes that were proposed and
the outcome of each proposal in the
final form and instructions submitted to
OMB for review and clearance in
accordance with the Paperwork
Reduction Act are as follows:
(1) Appeals Must Address All Grounds
of Ineligibility Identified in the
Unfavorable Decision
For the reasons provided in the 60day notice and in the responses to the
public comments, this change is
maintained in the update to the Form I–
290B Instructions.
(2) Affected Parties May Waive the
‘‘Initial Field Review’’ Process
After considering public comments,
USCIS has removed this change from
the form and instructions.
(3) Clarify the ‘‘Initial Field Review’’
Process When Evidence Is Not
Submitted Concurrently With the
Appeal
This change is maintained in the
update to the Form I–290B Instructions.
(4) Treatment of Newly Submitted
Evidence on Appeal
After considering public comments,
USCIS has removed this proposed
change.

not have jurisdiction over appeals of
‘‘no risk’’ determinations under the
Adam Walsh Child Protection and
Safety Act of 2006, Public Law 109–248,
120 Stat. 587 (AWA). Section 402(a)(2)
of the AWA bars approval of familybased visa petitions filed by U.S.
citizens who have been convicted of a
‘‘specified offense against a minor’’
unless the DHS Secretary, in his or her
‘‘sole and unreviewable discretion,’’
determines that the U.S. citizen poses
‘‘no risk’’ to the beneficiary of the
petition. For the reasons provided in the
60-day notice and in the responses to
the public comments, this change is
maintained in the update to the Form I–
290B Instructions.
(7) Define the Term ‘‘New Facts’’ for
Motions To Reopen
After considering public comments,
USCIS has removed this change from
the form instructions.
(8) Certain Beneficiaries of EmploymentBased Immigrant Petitions Are
Considered Affected Parties for
Revocation Proceedings
This change is maintained in the
update to the Form I–290B Instructions.
(9) Define the Term ‘‘Record of
Proceeding’’
This change is maintained in the
update to the Form I–290B Instructions.
(10) Administrative Appellate Review of
a Dismissed Motion Is Limited to
Whether the Motion Was Properly
Dismissed
This change is maintained in the
update to the Form I–290B Instructions.
(11) Safe Address
In response to public comments and
stakeholder input, USCIS added a space
to collect the safe address from affected
parties who are subject to 8 U.S.C. 1367.
This change is maintained in the update
to the Form I–290B and instructions.

(5) Abuse of Discretion Standard of
Review for Discretionary Decisions
USCIS has removed this proposed
change from the revised form
instructions submitted to OMB for
review.

(12) Space on the Form To State the
Basis of the Appeal or Motion

(6) Clarify That the AAO Does Not Have
Appellate Jurisdiction Over ‘‘No Risk’’
Determinations Under the Adam Walsh
Act
The proposed Form I–290B
Instructions clarify that the AAO does

Comments

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This change is maintained in the
update to the Form I–290B and
instructions.

The information collection notice was
previously published in the Federal
Register on December 6, 2019, at 84 FR
66924, allowing for a 60-day public

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Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Notices
comment period. USCIS did receive six
comment(s) in connection with the 60day notice.
You may access the information
collection instrument with instructions,
or additional information by visiting the
Federal eRulemaking Portal site at:
http://www.regulations.gov and enter
USCIS–2008–0027 in the search box.
Written comments and suggestions from
the public and affected agencies should
address one or more of the following
four points:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.

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Overview of This Information
Collection
(1) Type of Information Collection
Request: Revision of a Currently
Approved Collection.
(2) Title of the Form/Collection:
Notice of Appeal or Motion.
(3) Agency form number, if any, and
the applicable component of the DHS
sponsoring the collection: I–290B;
USCIS.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Individuals or
households. Form I–290B standardizes
requests for appeals and motions and
ensures that the basic information
required to adjudicate appeals and
motions is provided by applicants and
petitioners, or their attorneys or
representatives. USCIS uses the data
collected on Form I–290B to determine
whether an applicant or petitioner is
eligible to file an appeal or motion,
whether the requirements of an appeal
or motion have been met, and whether
the applicant or petitioner is eligible for
the requested immigration benefit. Form
I–290B can also be filed with ICE by
schools appealing decisions on Form I–
17 filings for certification to ICE’s

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Student and Exchange Visitor Program
(SEVP).
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: The estimated total number of
respondents for the information
collection I–290B is 28,000 and the
estimated hour burden per response is
1.5 hours.
(6) An estimate of the total public
burden (in hours) associated with the
collection: The total estimated annual
hour burden associated with this
collection is 42,000 hours.
(7) An estimate of the total public
burden (in cost) associated with the
collection: The estimated total annual
cost burden associated with this
collection of information is $8,652,000.
Dated: March 11, 2020.
Samantha L. Deshommes,
Chief, Regulatory Coordination Division,
Office of Policy and Strategy, U.S. Citizenship
and Immigration Services, Department of
Homeland Security.
[FR Doc. 2020–05384 Filed 3–16–20; 8:45 am]
BILLING CODE 9111–97–P

INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1130]

Certain Beverage Dispensing Systems
and Components Thereof;
Commission Decision Finding a
Violation of Section 337; Issuance of a
Limited Exclusion Order and 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 found a violation of
section 337 of the Tariff Act of 1930, as
amended, in this investigation and has
issued a limited exclusion order and a
cease and desist order prohibiting
importation of infringing beverage
dispensing systems and components
thereof.
FOR FURTHER INFORMATION CONTACT:
Sidney A. Rosenzweig, Esq., Office of
the General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–2532. The public version of the
complaint can be accessed on the
Commission’s electronic docket (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.
SUMMARY:

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15223

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 September 5, 2018, based on a
complaint filed by Heineken
International B.V. and Heineken Supply
Chain B.V., both of Amsterdam, The
Netherlands; and Heineken USA Inc. of
White Plains, New York (collectively,
‘‘Heineken’’). 83 FR 45141, 45141–42
(Sept. 5, 2019). The complaint alleges a
violation section 337 of the Tariff Act
1930, as amended, 19 U.S.C. 1337
(‘‘section 337’’) in the importation into
the United States, sale for importation,
or sale in the United States after
importation of certain beverage
dispensing systems and components
thereof that allegedly infringe claims 1–
11 of the ’751 patent. Id. The notice of
investigation names as respondents
Anheuser-Busch InBev SA, and InBev
Belgium NV, both of Leuven, Belgium;
and Anheuser-Busch, LLC of St. Louis,
Missouri (collectively, ‘‘ABI’’). Id. The
Office of Unfair Import Investigations
was not named as a party to this
investigation. Id.
On February 6, 2019, the presiding
administrative law judge (‘‘ALJ’’)
granted Heineken’s motion to partially
terminate the investigation as to claims
2, 4–6, 8–9, and 11 of the ’751 patent.
Order No. 6 (Feb. 6, 2019), not reviewed,
Notice (Mar. 7, 2019). Remaining within
the investigation are claims 1, 3, 7, and
10 of the ’751 patent. On March 26,
2019, the ALJ issued Order No. 14, the
Markman Order, construing certain
claim terms. The ALJ conducted the
evidentiary hearing from April 16–18
and 23, 2019.
On September 5, 2019, the ALJ issued
a final initial determination (‘‘ID’’),
finding claims 1, 3, 7, and 10 infringed
and not invalid, and thereby finding a
violation of section 337 with respect to
those claims. On September 19, 2019,
the ALJ issued a Recommended
Determination on Remedy and Bond
(‘‘RD’’). The RD recommends that
should the Commission find a violation
of section 337, that the Commission
issue a limited exclusion order, a cease
and desist order, and impose a bond rate

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