Published 30-Day Notice

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Federal Register / Vol. 87, No. 187 / Wednesday, September 28, 2022 / Notices

original waiver and the additional 12month extension granted herein).
In no case shall the tenant-based
rental assistance under this waiver and
alternative requirements extend beyond
the expiration date of the waiver, even
if a beneficiary has not yet received 36
months of assistance. This waiver and
the alternative requirements shall
remain in effect until September 30,
2023, after which the Commonwealth
will no longer be able to use CDBG–DR
funds for any tenant-based rental
assistance.
Adrianne Todman,
Deputy Secretary.
[FR Doc. 2022–21044 Filed 9–27–22; 8:45 am]
BILLING CODE 4210–67–P

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[2231A2100DD/AAKC001030/
A0A501010.999900; OMB Control Number
1076–0141]

Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Water Request
Bureau of Indian Affairs,
Interior.
ACTION: Notice of information collection;
request for comment.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995, we,
the Bureau of Indian Affairs (BIA), are
proposing renew an information
collection with revisions.
DATES: Interested persons are invited to
submit comments on or before October
28, 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 Steven Mullen,
Information Collection Clearance
Officer, Office of Regulatory Affairs and
Collaborative Action—Indian Affairs,
U.S. Department of the Interior, 1001
Indian School Road NW, Suite 229,
Albuquerque, New Mexico 87104; or by
email to [email protected]. Please
reference OMB Control Number 1076–
0141 in the subject line of your
comments.
FOR FURTHER INFORMATION CONTACT:
Steven Mullen, Information Collection

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Clearance Officer, [email protected],
(202) 924–2650. 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 access
telecommunications relay services. You
may also view the ICR at http://
www.reginfo.gov/public/do/PRAMain.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act of 1995, we provide the
general public and other Federal
agencies with an opportunity 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.
A Federal Register notice with a 60day public comment period soliciting
comments on this collection of
information was published on
September 10, 2021 (86 FR 50737). No
comments were received.
As part of our continuing effort to
reduce paperwork and respondent
burdens, we are again soliciting
comments from the public and other
Federal agencies on the proposed ICR
that is described below. 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
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. 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

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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: The BIA owns, operates, and
maintains irrigation projects that
provide a service to the end user. To
properly bill for the services provided,
the BIA must collect customer
information to identify the individual
responsible for repaying the government
the costs of delivering the service;
determine eligibility for waiver of fees;
and determine designation of irrigable
lands as assessable or non-assessable.
Additional information necessary for
providing the service is the location of
the service delivery and the number of
serviced acres. The Debt Collection
Improvement Act of 1996 (DCIA)
requires that certain information be
collected from individuals and
businesses doing business with the
government. This information includes
the taxpayer identification number for
possible future use to recover
delinquent debt. To implement the
DCIA requirement to collect customer
information, the BIA has included a
section concerning the collection of
information in its regulations governing
its irrigation projects (25 CFR 171).
Proposed Revisions
The proposed ‘‘Agreement for the
Carriage of Water’’ (form number BIA–
DWP–Irr–106) would allow BIA to
determine whether BIA irrigation
facility can support the third-party
carriage or whether it is in the best
interest of the BIA facility to convey our
water through third-party facilities,
under 25 CFR 171. 605.
Title of Collection: Water Request.
OMB Control Number: 1076–0141.
Form Number: BIA–DWP–Irr–101;
BIA–DWP–Irr–102; BIA–DWP–Irr–103;
BIA–DWP–Irr–104; BIA–DWP–Irr–105;
BIA–DWP–Irr–106.
Type of Review: Revision of a
currently approved collection.
Respondents/Affected Public:
Individuals.
Total Estimated Number of Annual
Respondents: 13,438.
Total Estimated Number of Annual
Responses: 35,941.
Estimated Completion Time per
Response: Varies from .2 to 6 hours.
Total Estimated Number of Annual
Burden Hours: 17,981.
Respondent’s Obligation: Required to
Obtain or Retain a Benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Non-hour
Burden Cost: $0.
An agency may not conduct or
sponsor and a person is not required to

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Federal Register / Vol. 87, No. 187 / Wednesday, September 28, 2022 / Notices
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).
Steven Mullen,
Information Collection Clearance Officer,
Office of Regulatory Affairs and Collaborative
Action—Indian Affairs.
[FR Doc. 2022–21028 Filed 9–27–22; 8:45 am]
BILLING CODE 4337–15–P

INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1266]

Certain Wearable Electronic Devices
With ECG Functionality and
Components Thereof; Notice of a
Commission Determination To Review
in Part a Final Initial Determination
Finding a Violation of Section 337;
Request for Written Submissions on
the Issues Under Review and on
Remedy, the Public Interest, and
Bonding; Extension of the Target Date
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:

Notice is hereby given that
the U.S. International Trade
Commission (‘‘Commission’’) has
determined to review in part a final
initial determination (‘‘ID’’) of the
presiding administrative law judge
(‘‘ALJ’’), finding a violation of section
337 as to two of the three asserted
patents. The Commission requests
written submissions from the parties on
the issues under review and from the
parties, interested government agencies,
and other interested persons on the
issues of remedy, the public interest,
and bonding, under the schedule set
forth below.
FOR FURTHER INFORMATION CONTACT:
Panyin A. Hughes, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3042. Copies of non-confidential
documents filed in connection with this
investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
[email protected]. General
information concerning the Commission
may also be obtained by accessing its
internet server at https://www.usitc.gov.
Hearing-impaired persons are advised
that information on this matter can be
obtained by contacting the

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Commission’s TDD terminal on (202)
205–1810.
SUPPLEMENTARY INFORMATION: On May
26, 2021, the Commission instituted this
investigation based on a complaint filed
by AliveCor, Inc. of Mountain View,
California (‘‘AliveCor’’). 86 FR 28382
(May 26, 2021). The complaint alleged
violations of section 337 based on the
importation into the United States, the
sale for importation, or the sale within
the United States after importation of
certain wearable electronic devices with
ECG functionality and components
thereof by reason of infringement of one
or more of claims 1–30 of U.S. Patent
No. 10,595,731 (‘‘the ’731 patent’’);
claims 1–23 of U.S. Patent No.
10,638,941 (‘‘the ’941 patent’’); and
claims 1–4, 6–14, 16–20 of U.S. Patent
No. 9,572,499 (‘‘the ’499 patent’’). Id.
The Commission’s notice of
investigation named Apple Inc. of
Cupertino, California (‘‘Apple’’) as the
sole respondent. The Office of Unfair
Import Investigations (‘‘OUII’’) is named
as a party in this investigation. Id.
On February 23, 2022, the ALJ issued
an initial determination granting
AliveCor’s motion to terminate the
investigation as to (1) claims 1–4, 6–14,
and 18–20 of the ’499 patent; (2) claims
2, 4, 6, 7, 11, 13, 14, and 17–30 of the
’731 patent; and (3) claims 1–11, 14, 15,
17, and 18 of the ’941 patent based upon
withdrawal of allegations from the
complaint as to those claims. Order No.
16 (Feb. 23, 2022), unreviewed by Notice
(Mar. 18, 2022).
On June 27, 2022, the ALJ issued the
final initial determination (‘‘ID’’) finding
a violation of section 337 as to the ’941
and ’731 patents, and no violation of
section 337 as to the ’499 patent.1 The
ID found that the parties do not contest
personal jurisdiction, and that the
Commission has in rem jurisdiction
over the accused products. ID at 18. The
ID further found that the importation
requirement under 19 U.S.C.
1337(a)(1)(B) is satisfied. Id. (citing CX–
0904C (Apple stipulating that it imports
the accused products into the United
States)). Regarding the ’941 patent, the
ID found that AliveCor has proven
infringement of the asserted claims,
claims 12, 13, 19, and 20–23, and that
Apple failed to show that any of the
asserted claims are invalid. Id. at 30–45,
60–98. For the ’731 patent, the ID found
that AliveCor has proven infringement
of the asserted claims, claims 1, 3, 5, 8–
10, 12, 15, and 16, but that Apple has
proven that claims 1, 8, 12, and 16 are
invalid for obviousness. Id. at 105–108,
113–127. For the ’499 patent, the ID
1 The ALJ issued a corrected final ID on July 26,
2022, correcting the table of contents.

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found that AliveCor failed to prove
infringement of the asserted claims,
claims 16 and 17, and that claim 17 is
invalid for lack of patentable subject
matter under 35 U.S.C. 101. Id. at 129–
138, 140–152. Finally, the ID found that
AliveCor has proven the existence of a
domestic industry that practices the
asserted patents as required by 19 U.S.C.
1337(a)(2). Id. at 152–183. The ID
included the ALJ’s recommended
determination on remedy and bonding
(‘‘RD’’). The RD recommended that,
should the Commission find a violation,
issuance of a limited exclusion order
and cease and desist orders would be
appropriate. ID/RD at 190–193. The RD
also recommended imposing no bond
for covered products imported during
the period of Presidential review. ID at
193–95.
On July 11, 2022, Apple filed a
petition for review of the ID, and
AliveCor filed a combined petition and
contingent petition for review of the ID.
On July 19, 2022, the private parties and
OUII’s investigative attorney filed
responses to the petitions.
Having reviewed the record of the
investigation, including the final ID, the
parties’ submissions to the ALJ, the
petitions for review, and the responses
thereto, the Commission has determined
to review the ID in part. Specifically, the
Commission has determined to review
the final ID’s invalidity findings,
including patent eligibility under 35
U.S.C. 101 and obviousness under 35
U.S.C. 103, and the economic prong of
the domestic industry requirement.
In connection with its review, the
Commission requests responses from
the parties to the following questions.
The parties are requested to brief their
positions with reference to the
applicable law and the existing
evidentiary record.
(1) Discuss whether the record
evidence of ‘‘industry praise’’ and
‘‘copying’’ is sufficient to establish the
requisite objective indicia of nonobviousness. See Graham v. John Deere
Co. of Kansas City, 383 U.S. 1, 17–18
(1966).
(2) Please explain whether and how
the Complainant’s investments credited
by the ID under subsection 337(a)(3)(B)
are quantitatively and qualitatively
significant.
(3) Please explain whether and how
the Complainant’s employment of labor
in research and development in the
exploitation of the patents under
subsection 337(a)(3)(C) are
quantitatively and qualitatively
substantial. Please state whether the
R&D contract labor amount credited by
the ID under subsection 337(a)(3)(C)
includes foreign contract labor and, if

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