Published 30-day Federal Register Notice (87 FR 51443)

Federal Register / Vol. 87, No. 161 / Monday, August 22, 2022 / Notices
Authority
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Madonna Baucum,
Chief, Policy and Regulations Branch, U.S.
Fish and Wildlife Service.
[FR Doc. 2022–18049 Filed 8–19–22; 8:45 am]
BILLING CODE 4333–15–P

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–HQ–ES–2022–0080; FF09420000/223/
FXES111609M0000; OMB Control Number
1018–New]

Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Approval Procedures
for Incidental Harassment
Authorizations of Marine Mammals
Fish and Wildlife Service,
Interior.
ACTION: Notice of information collection;
request for comment.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995, we,
the U.S. Fish and Wildlife Service
(Service), are proposing a new
information collection in use without an
Office of Management and Budget
control number.
DATES: Interested persons are invited to
submit comments on or before
September 21, 2022.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under Review—Open for
Public Comments’’ or by using the
search function. Please provide a copy
of your comments to the Service
Information Collection Clearance
Officer, U.S. Fish and Wildlife Service,
MS: PRB (JAO/3W), 5275 Leesburg Pike,
Falls Church, VA 22041–3803 (mail); or
by email to [email protected]. Please
reference ‘‘1018–IHA’’ in the subject
line of your comments.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this ICR, contact Madonna L. Baucum,
Service Information Collection
Clearance Officer, by email at Info_
[email protected], or by telephone at (703)
358–2503. Individuals in the United
States who are deaf, deafblind, hard of
hearing, or have a speech disability may
dial 711 (TTY, TDD, or TeleBraille) to

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access telecommunications relay
services. Individuals outside the United
States should use the relay services
offered within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act (PRA, 44 U.S.C. 3501 et
seq.) and its implementing regulations
at 5 CFR 1320.8(d)(1), all information
collections require approval under the
PRA. We may not conduct or sponsor
and you are not required to respond to
a collection of information unless it
displays a currently valid Office of
Management and Budget (OMB) control
number.
On January 27, 2022, we published in
the Federal Register (87 FR 4277) a
notice of our intent to request that OMB
approve this information collection. In
that notice, we solicited comments for
60 days, ending on March 28, 2022. In
an effort to increase public awareness
of, and participation in, our public
commenting processes associated with
information collection requests, the
Service also published the Federal
Register notice on https://
www.regulations.gov (Docket FWS–HQ–
ES–2021–0151) to provide the public
with an additional method to submit
comments (in addition to the typical
[email protected] email and U.S. mail
submission methods). We received 3
comments in response to that notice.
None of the comments addressed the
information collection requirements;
therefore, no response was required.
As part of our continuing effort to
reduce paperwork and respondent
burdens, we invite the public and other
Federal agencies to comment on new,
proposed, revised, and continuing
collections of information. This helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. It also
helps the public understand our
information collection requirements and
provide the requested data in the
desired format.
We are especially interested in public
comment addressing the following:
(1) Whether or not the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether or not the
information will have practical utility;
(2) The accuracy of our estimate of the
burden for this collection of
information, including the validity of
the methodology and assumptions used;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) How might the agency minimize
the burden of the collection of

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51443

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 response.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. 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 we will be able to
do so.
Abstract: Section 101(a)(5)(D) of the
Marine Mammal Protection Act of 1972
(MMPA; 16 U.S.C. 1361 et seq.)
authorizes the Secretary of the Interior
(Secretary) to allow, upon request, the
incidental, but not intentional, taking by
harassment of small numbers of marine
mammals of a species or population
stock by U.S. citizens who engage in a
specified activity (other than
commercial fishing) within a specific
geographic region for periods of not
more than 1 year. The Service may
authorize incidental take by harassment
if statutory and regulatory procedures
are followed and the Service finds: (i)
take is of a small number of marine
mammals of a species or stock, (ii) take
will have a negligible impact on the
species or stock, and (iii) take will not
have an unmitigable adverse impact on
the availability of the species or stock
for taking for subsistence uses by Alaska
Natives.
The term ‘‘take’’ means to harass,
hunt, capture, or kill, or attempt to
harass, hunt, capture, or kill, any marine
mammal. Harassment means any act of
pursuit, torment, or annoyance which (i)
has the potential to injure a marine
mammal or marine mammal stock in the
wild (the MMPA defines this as ‘‘Level
A harassment’’), or (ii) has the potential
to disturb a marine mammal or marine
mammal stock in the wild by causing
disruption of behavioral patterns,
including, but not limited to, migration,
breathing, nursing, breeding, feeding, or
sheltering (the MMPA defines this as
‘‘Level B harassment’’).
The terms ‘‘negligible impact,’’ ‘‘small
numbers,’’ and ‘‘unmitigable adverse
impact’’ are defined in 50 CFR 18.27
(i.e., the Service’s regulations governing
small takes of marine mammals

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51444

Federal Register / Vol. 87, No. 161 / Monday, August 22, 2022 / Notices

incidental to specified activities).
‘‘Negligible impact’’ is an impact
resulting from the specified activity that
cannot be reasonably expected to, and is
not reasonably likely to, adversely affect
the species or stock through effects on
annual rates of recruitment or survival.
‘‘Unmitigable adverse impact’’ means an
impact resulting from the specified
activity (1) that is likely to reduce the
availability of the species to a level
insufficient for a harvest to meet
subsistence needs by (i) causing the
marine mammals to abandon or avoid
hunting areas, (ii) directly displacing
subsistence users, or (iii) placing
physical barriers between the marine
mammals and the subsistence hunters;
and (2) that cannot be sufficiently
mitigated by other measures to increase
the availability of marine mammals to
allow subsistence needs to be met.
The term ‘‘small numbers’’ is also
defined in 50 CFR 18.27. However, we
do not rely on that definition here as it
conflates ‘‘small numbers’’ with
‘‘negligible impacts.’’ We recognize
‘‘small numbers’’ and ‘‘negligible
impact’’ as separate and distinct
considerations when reviewing requests
for incidental harassment authorizations
(IHA) under the MMPA (see Natural
Res. Def. Council, Inc. v. Evans, 232 F.
Supp. 2d 1003, 1025 (N.D. Cal. 2003)).
Instead, for our small numbers
determination, we estimate the likely
number of takes of marine mammals
and evaluate if that take is small relative
to the size of the species or stock.
The term ‘‘least practicable adverse
impact’’ is not defined in the MMPA or
its enacting regulations. The Service
ensures the least practicable adverse
impact through mitigation measures that
are effective in reducing the impact of
project activities but are not so
restrictive as to make project activities
unduly burdensome or impossible to
undertake and complete.
If the requisite findings are made, the
Service issues an IHA, which may set
forth the following: (i) Permissible
methods of taking; (ii) other means of
effecting the least practicable impact on
the species or stock and its habitat,
paying particular attention to rookeries,
mating grounds, and areas of similar
significance, and on the availability of
the species or stock for taking for
subsistence uses by coastal dwelling
Alaska Natives (if applicable); and (iii)
requirements for monitoring and
reporting such take by harassment.
Applicants seeking to conduct
activities may request an IHA for the
specified activity. If the IHA is issued,
the applicants must submit on-site

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monitoring reports and a final report of
the activity to the Secretary.
This is a non-form collection.
Applicants must comply with the
regulations at 50 CFR 18.27, which
outline the procedures and
requirements for submitting a request.
These regulations provide the applicant
with a detailed description of
information the Service needs in order
to evaluate the proposed activity and
make the required determinations.
Specifically, applicants must submit the
following information to the Service as
part of the IHA application process:
• Describe the specific activity or
class of activities that can be expected
to result in incidental taking of marine
mammals, and
• Provide the dates and duration of
such activity and the specific
geographical region where it will occur.
• Based on the best available
scientific information, each applicant
must also:
—Estimate the species and numbers of
marine mammals likely to be taken,
by age, sex, and reproductive
conditions, and the type of taking
(e.g., disturbance by sound, injury, or
death resulting from collision, etc.)
and the number of times such taking
is likely to occur;
—Describe the status, distribution, and
seasonal distribution (when
applicable) of the species or stocks
likely to be affected by such activities;
—Describe the anticipated impacts of an
activity upon the species or stocks;
—Discuss the anticipated impact of the
activity on the availability of the
species or stocks for subsistence uses;
• Discuss the anticipated impact of
the activity upon the habitat of the
marine mammal populations and the
likelihood of restoration of the affected
habitat;
• Describe the anticipated impact of
the loss or modification of the habitat on
the marine mammal population
involved;
• Describe availability and feasibility
(economic and technological) of
equipment, methods, and manner of
conducting such activity or other means
of effecting the least practicable adverse
impact upon the affected species or
stocks, their habitat, and, where
relevant, on their availability for
subsistence uses, paying particular
attention to rookeries, mating grounds,
and areas of similar significance;
• Discuss the suggested means of
accomplishing the necessary monitoring
and reporting which will result in
increased knowledge of the species
through an analysis of the level of taking

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or impacts, and suggested means of
minimizing burdens by coordinating
such reporting requirements with other
schemes already applicable to persons
conducting such activity; and
• Suggest means of learning of,
encouraging, and coordinating research
opportunities, plans, and activities
relating to reducing such incidental
taking from such specified activities,
and evaluating their effects.
The Service uses the information to
draft the proposed IHA, including
proposed determinations and mitigation
measures to ensure the least practicable
adverse impacts on the species or stock
and its habitat. Upon IHA issuance,
applicants must submit monitoring and
final reports indicating the nature and
extent of all takes of marine mammals
that occurred incidentally to the
specified activity. The purpose of
monitoring requirements is to assess the
effects of project activities on the
species or stock, ensure that take is
consistent with that anticipated in the
negligible impact and subsistence use
analyses, and detect any unanticipated
effects on the species or stock. Because
the length of project activities varies by
project (a few weeks to a few months),
some projects require weekly reports
during project activities.
OMB previously approved
information collection requirements
associated with incidental take
regulations (ITRs) and letters of
authorization (LOAs) contained in 50
CFR 18, subparts J (Beaufort Sea) and K
(Cook Inlet) under OMB Control
Number 1018–0070. Because the ITRs
and associated LOAs authorize specific
entities to incidentally take marine
mammals while engaged in specified
activities within a specific geographic
region for periods of not more than 5
years, the Service will request a separate
OMB control number for information
collection requirements associated with
IHAs.
Title of Collection: Approval
Procedures for Incidental Harassment
Authorizations of Marine Mammals (50
CFR 18.27).
OMB Control Number: 1018–New.
Form Number: None.
Type of Review: Existing collection in
use without an OMB control number.
Respondents/Affected Public: Private
sector and State/local/Tribal
government.
Respondent’s Obligation: Required to
obtain or retain a benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour
Burden Cost: None.

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Federal Register / Vol. 87, No. 161 / Monday, August 22, 2022 / Notices
Average
number of
annual
respondents

Requirement

Average
number of
responses
each

Average
completion
time per
response
(hours)

Average
number of
annual
responses

Estimated
annual
burden hours

Incidental Harassment Authorization—Application
Private Sector ......................................................................
Government .........................................................................

4
1

1
1

4
1

50
50

200
50

48
12

1.5
1.5

72
18

Incidental Harassment Authorization—Monitoring and Observation Reports
Private Sector ......................................................................
Government .........................................................................

4
1

12
12

Incidental Harassment Authorization—Final Report
Private Sector ......................................................................
Government .........................................................................

4
1

1
1

4
1

5
5

20
5

Totals .....................................................................

15

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

70

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

365

An agency may not conduct or
sponsor and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number.
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Madonna Baucum,
Information Collection Clearance Officer, U.S.
Fish and Wildlife Service.
[FR Doc. 2022–18037 Filed 8–19–22; 8:45 am]
BILLING CODE 4333–15–P

INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–1324]

Certain Mobile Electronic Devices;
Institution of Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:

Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on June
16, 2022, under section 337 of the Tariff
Act of 1930, as amended, on behalf of
Maxell, Ltd. of Japan. A supplement to
the complaint was filed on June 30,
2022. The complaint, as supplemented,
alleges violations of section 337 based
upon the importation into the United
States, the sale for importation, and the
sale within the United States after
importation of certain mobile electronic
devices by reason of the infringement of
certain claims of U.S. Patent No.
7,199,821 (‘‘the ’821 Patent’’); U.S.
Patent No. 7,324,487 (‘‘the ’487 Patent’’);
U.S. Patent No. 8,170,394 (‘‘the ’394
Patent’’); U.S. Patent No. 8,982,086 (‘‘the
’086 Patent’’); U.S. Patent No.

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10,129,590 (‘‘the ’590 Patent’’); and U.S.
Patent No. 10,244,284 (‘‘the ’284
Patent’’). The complaint further alleges
that an industry in the United States
exists as required by the applicable
Federal Statute. The complainant
requests that the Commission institute
an investigation and, after the
investigation, issue a limited exclusion
order and cease and desist orders.
ADDRESSES: The complaint, except for
any confidential information contained
therein, may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
[email protected]. Hearing impaired
individuals are advised that information
on this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810. Persons
with mobility impairments who will
need special assistance in gaining access
to the Commission should contact the
Office of the Secretary at (202) 205–
2000. General information concerning
the Commission may also be obtained
by accessing its internet server at
https://www.usitc.gov.
FOR FURTHER INFORMATION CONTACT:
Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S.
International Trade Commission,
telephone (202) 205–2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for
institution of this investigation is
contained in section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, and in section 210.10 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.10 (2021).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
August 16, 2022, ordered that—

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(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine whether there is a
violation of subsection (a)(1)(B) 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 products
identified in paragraph (2) by reason of
infringement of one or more of claims 1,
6, and 7 of the ’821 patent; claims 1, 3,
and 4 of the ’487 patent; claims 2, 4, 5,
7, and 8 of the ’394 patent; claims 1, 2,
4, 6, 9–13, and 15 of the ’086 patent;
claims 1, 5, 9, 11–14, 16–25 of the ’590
patent; and claims 1, 3, 4, 7, 9, 10, and
18–20 of the ’284 patent, and whether
an industry in the United States exists
as required by subsection (a)(2) of
section 337;
(2) Pursuant to section 210.10(b)(1) of
the Commission’s Rules of Practice and
Procedure, 19 CFR 210.10(b)(1), the
plain language description of the
accused products or category of accused
products, which defines the scope of the
investigation, is ‘‘certain mobile
electronic devices, i.e., Lenovo- and
Motorola-branded smartphones’’;
(3) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
this notice of investigation shall be
served:
(a) The complainant is: Maxell, Ltd. 1
Koizumi, Oyamazaki, Oyamazaki-cho
Otokuni-gun, Kyoto, 618–8525 Japan.
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the complaint is to be served:
Lenovo Group Ltd., No. 6 Chuang Ye
Road, Haidan District, Shangdi
Information Industry Base, Beijing
100085, China

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