60-Day Notice

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Federal Register / Vol. 85, No. 179 / Tuesday, September 15, 2020 / Notices
Burden
estimate
per form
(in minutes)

Form No.

Form
Form
Form
Form
Form
Form
Form
Form
Form
Form
Form
Form
Form
Form
Form

Annual
number of
responses

Annual
burden on
respondents
(in hours)

7–2180 ...................................................................................................
7–2180EZ ...............................................................................................
7–2181 ...................................................................................................
7–2184 ...................................................................................................
7–2190 ...................................................................................................
7–2190EZ ...............................................................................................
7–2191 ...................................................................................................
7–2194 ...................................................................................................
7–21PE ...................................................................................................
7–21PE–IND ..........................................................................................
7–21TRUST ...........................................................................................
7–21VERIFY ..........................................................................................
7–21FC ...................................................................................................
7–21XS ...................................................................................................
7–21FARMOP ........................................................................................

60
45
78
45
60
45
78
45
75
12
60
12
30
30
78

3,595
373
1,050
32
1,601
96
777
4
135
4
694
5,069
214
144
172

3,667
380
1,071
33
1,633
98
793
4
138
4
708
5,170
218
147
175

3,667
285
1,392
25
1,633
74
1,031
3
173
1
708
1,034
109
74
228

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

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

13,960

14,239

10,437

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.).
Chris Beardsley,
Director, Policy and Programs.
[FR Doc. 2020–20247 Filed 9–14–20; 8:45 am]
BILLING CODE 4332–90–P

DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
[RR83550000, 201R5065C6,
RX.59389832.1009676; OMB Control
Number 1006–0023]

Agency Information Collection
Activities; Forms To Determine
Compliance by Certain Landholders
Bureau of Reclamation,
Interior.
ACTION: Notice of information collection;
request for comments.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995, we,
the Bureau of Reclamation
(Reclamation), are proposing to renew
an information collection.
DATES: Interested persons are invited to
submit comments on or before
November 16, 2020.
ADDRESSES: Send your comments on
this information collection request (ICR)
by mail to Stephanie McPhee, Bureau of
Reclamation, Office of Policy and
Programs, 84–55000, P.O. Box 25007,
Denver, CO 80225–0007; or by email to
smcphee@usbr.gov. Please reference
Office of Management and Budget
SUMMARY:

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Number of
respondents

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(OMB) Control Number 1006–0023 in
the subject line of your comments.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this ICR, contact Stephanie McPhee by
email at smcphee@usbr.gov, or by
telephone at (303) 445–2897.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act of 1995 (PRA, 44 U.S.C.
3501 et seq.) and 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 OMB
control number.
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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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.
Identification of limited recipients—
Some entities that receive Reclamation
irrigation water may believe that they
are under the Reclamation Reform Act
of 1982 (RRA) forms submittal threshold
and, consequently, may not submit the
appropriate RRA form(s). However,
some of these entities may in fact have
a different RRA forms submittal
threshold than what they believe it to be
due to the number of natural persons
benefiting from each entity and the
location of the land held by each entity.
In addition, some entities that are
exempt from the requirement to submit
RRA forms due to the size of their
landholdings (directly and indirectly
owned and leased land) may in fact be
receiving Reclamation irrigation water
for which the full-cost rate must be paid
because the start of Reclamation

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57247

Federal Register / Vol. 85, No. 179 / Tuesday, September 15, 2020 / Notices
irrigation water deliveries occurred after
October 1, 1981 [43 CFR 426.6(b)(2)].
The information obtained through
completion of the Limited Recipient
Identification Sheet (Form 7–2536)
allows us to establish entities’
compliance with Federal reclamation
law. The Limited Recipient
Identification Sheet is disbursed at our
discretion.
Trust review—In order to administer
section 214 of the RRA and 43 CFR
426.7, we are required to review and
approve all trusts. Land held in trust
generally will be attributed to the
beneficiaries of the trust rather than the
trustee if the criteria specified in the
RRA and 43 CFR 426.7 are met. We may
extend the option to complete and
submit for our review the Trust
Information Sheet (Form 7–2537)
instead of actual trust documents when
we become aware of trusts with a
relatively small landholding (40 acres or
less in districts subject to the prior law
provisions of Federal reclamation law,
240 acres or less in districts subject to
the discretionary provisions of Federal
reclamation law). If we find nothing on
the completed Trust Information Sheet
that would warrant the further review of
a particular trust, that trustee will not be
burdened with submitting trust
documents to us for in-depth review.
The Trust Information Sheet is
disbursed at our discretion.
Acreage limitation provisions
applicable to public entities—Land
farmed by a public entity can be
considered exempt from the application
of the acreage limitation provisions
provided the public entity meets certain
criteria pertaining to the revenue
generated through the entity’s farming
activities (43 CFR 426.10 and the Act of
July 7, 1970, Pub. L. 91–310). We are
required to ascertain whether public
entities that receive Reclamation
irrigation water meet such revenue
criteria regardless of how much land the

public entities hold (directly or
indirectly own or lease) [43 CFR
426.10(a)]. In order to minimize the
burden on public entities, standard RRA
forms are submitted by a public entity
only when the public entity holds more
than 40 acres subject to the acreage
limitation provisions westwide, which
makes it difficult to apply the revenue
criteria as required to those public
entities that hold less than 40 acres.
When we become aware of such public
entities, we request those public entities
complete and submit for our review the
Public Entity Information Sheet (Form
7–2565), which allows us to establish
compliance with Federal reclamation
law for those public entities that hold 40
acres or less and, thus, do not submit a
standard RRA form because they are
below the RRA forms submittal
threshold. In addition, for those public
entities that do not meet the exemption
criteria, we must determine the proper
rate to charge for Reclamation irrigation
water deliveries. The Public Entity
Information Sheet is disbursed at our
discretion.
Acreage limitation provisions
applicable to religious or charitable
organizations—Some religious or
charitable organizations that receive
Reclamation irrigation water may
believe that they are under the RRA
forms submittal threshold and,
consequently, may not submit the
appropriate RRA form(s). However,
some of these organizations may in fact
have a different RRA forms submittal
threshold than what they believe it to be
depending on whether these
organizations meet all of the required
criteria for full special application of the
acreage limitations provisions to
religious or charitable organizations [43
CFR 426.9(b)]. In addition, some
organizations that (1) do not meet the
criteria to be treated as a religious or
charitable organization under the
acreage limitation provisions, and (2)
Burden
estimate
per form
(in minutes)

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Form No.

are exempt from the requirement to
submit RRA forms due to the size of
their landholdings (directly and
indirectly owned and leased land), may
in fact be receiving Reclamation
irrigation water for which the full-cost
rate must be paid because the start of
Reclamation irrigation water deliveries
occurred after October 1, 1981 [43 CFR
426.6(b)(2)]. The Religious or Charitable
Organization Identification Sheet (Form
7–2578) allows us to establish certain
religious or charitable organizations’
compliance with Federal reclamation
law. The Religious or Charitable
Organization Identification Sheet is
disbursed at our discretion.
Title of Collection: Forms to
Determine Compliance by Certain
Landholders, 43 CFR part 426.
OMB Control Number: 1006–0023.
Form Numbers: Form 7–2536, Form
7–2537, Form 7–2565, and Form 7–
2578.
Type of Review: Extension of a
currently approved collection.
Respondents/Affected Public: Entity
landholders, trusts, public entities, and
religious or charitable organizations
identified by Reclamation that are
subject to the acreage limitation
provisions of Federal reclamation law.
Total Estimated Number of Annual
Respondents: 500.
Total Estimated Number of Annual
Responses: 500.
Estimated Completion Time per
Response: See table below.
Total Estimated Number of Annual
Burden Hours: 72 hours.
Respondent’s Obligation: Mandatory.
Frequency of Collection: Generally,
these forms will be submitted only once
per identified entity, trust, public entity,
or religious or charitable organization.
Each year, we expect new responses in
accordance with the following numbers.
Total Estimated Annual Nonhour
Burden Cost: None.
Number of
respondents

Annual
number of
responses

Annual
burden on
respondents
(in hours)

Limited Recipient Identification Sheet .............................................................
Trust Information Sheet ...................................................................................
Public Entity Information Sheet .......................................................................
Religious or Charitable Identification Sheet ....................................................

5
5
15
15

175
150
100
75

175
150
100
75

15
13
25
19

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

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

500

500

72

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57248

Federal Register / Vol. 85, No. 179 / Tuesday, September 15, 2020 / Notices

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.).
Chris Beardsley,
Director, Policy and Programs.
[FR Doc. 2020–20249 Filed 9–14–20; 8:45 am]
BILLING CODE 4332–90–P

INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–936 (Remand)]

Certain Footwear Products;
Commission Determination To Affirm
in Part and Reverse in Part a Remand
Initial Determination; Issuance of a
General Exclusion Order and Cease
and Desist Orders; Termination of the
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:

Notice is hereby given that
the U.S. International Trade
Commission has determined to affirm in
part and reverse in part a remand initial
determination (‘‘RID’’) of the presiding
administrative law judge (‘‘ALJ’’) in the
above-captioned investigation. The
Commission has issued a general
exclusion order (‘‘GEO’’) directed to
footwear products that infringe U.S.
Trademark Registration No. 4,398,753
(‘‘the ’753 trademark’’), and cease and
desist orders (‘‘CDOs’’) directed to two
respondents found in default. The
investigation is terminated in its
entirety.
FOR FURTHER INFORMATION CONTACT:
Cathy Chen, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone 202–
205–2392. 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
EDIS3Help@usitc.gov. 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
Commission’s TDD terminal on (202)
205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation

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SUMMARY:

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on November 17, 2014, based on a
complaint filed on behalf of Converse
Inc. (‘‘Converse’’ or ‘‘Complainant’’) of
North Andover, Massachusetts. 79 FR
68482–83 (Nov. 17, 2014). The
complaint alleges, inter alia, violations
of section 337 of the Tariff Act of 1930,
as amended, 19 U.S.C. 1337, based upon
the importation into the United States,
the sale for importation, and the sale
within the United States after
importation of certain footwear products
by reason of infringement of U.S.
Trademark Registration Nos. 3,258,103
(‘‘the ’103 trademark’’) and 1,588,960
(‘‘the ’960 trademark’’), and the ’753
trademark, registered on September 10,
2013, and the common law trademark
rights for the same mark (the ‘‘CMT’’).
See id. The Commission’s notice of
investigation names numerous
respondents including Skechers U.S.A.,
Inc. (‘‘Skechers’’) of Manhattan Beach,
California, and Highline United LLC d/
b/a Ash Footwear USA (‘‘Highline’’),
now of Hyde Park, Massachusetts. Id.
New Balance Athletic Shoe, Inc. (‘‘New
Balance’’) of Boston, Massachusetts, was
subsequently added to the investigation
as a respondent-intervenor. 80 FR 9748
(Feb. 24, 2015). Only Skechers,
Highline, and New Balance remain
active in the investigation (collectively,
the ‘‘Active Respondents’’). The
following five respondents were found
in default: Dioniso SRL (‘‘Dioniso’’) of
Perugia, Italy; Shenzhen Foreversun
Industrial Co., Ltd. (a/k/a Shenzhen
Foreversun Shoes Co., Ltd.)
(‘‘Foreversun’’) of Shenzhen, China;
Fujian Xinya I&E Trading Co. Ltd. of
Jinjiang, China; Zhejiang Ouhai
International Trade Co. Ltd. (‘‘Ouhai’’)
of Wenzhou, China; and Wenzhou
Cereals Oils & Foodstuffs Foreign Trade
Co. Ltd. of Wenzhou, China
(collectively, the ‘‘Defaulting
Respondents’’). Every other respondent
was terminated from the investigation or
settled with Converse. The Office of
Unfair Import Investigations (‘‘OUII’’) is
also a party to the investigation. 79 FR
at 68483.
On June 23, 2016, the Commission
found a violation of section 337 with
respect to the ’103 trademark and the
’960 trademark and issued a GEO
directed against infringing footwear
products. 81 FR 42377–79 (June 29,
2016). The Commission found no
violation of section 337 with respect to
the ’753 trademark because it
determined the ’753 trademark and the
common law trademark rights in the
CMT were invalid based on a lack of
secondary meaning. Id. at 42379.
Thereafter, Converse appealed the
Commission’s finding of no violation of
section 337 with respect to the ’753

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trademark and its alleged common law
trademark rights in the CMT. The
Federal Circuit vacated the
Commission’s finding and remanded the
investigation to the Commission in
Converse, Inc. v. International Trade
Commission, 909 F.3d 1110 (Fed. Cir.
2018). On April 9, 2019, the
Commission, in turn, remanded the
matter to the ALJ who adjudicated the
original investigation to make findings
and issue an RID with respect to the
CMT in accordance with the Federal
Circuit decision.
On July 31, 2019, Converse, the
Active Respondents, and OUII each
filed an initial brief regarding the issues
on remand. On August 9, 2019,
Converse and the Active Respondents
each filed a reply brief.
On October 9, 2019, the ALJ issued
his RID finding no violation of section
337 by the Active Respondents.
Specifically, the RID found that
Converse had not established secondary
meaning of the CMT prior to each
Active Respondents’ alleged first use
and, therefore, Converse possessed no
valid common law trademark rights in
the CMT. The RID also found that the
Active Respondents’ accused products
do not infringe even if the CMT were
found to have acquired secondary
meaning, except for one Skechers
product found to infringe. The RID
further found the Defaulting
Respondents’ accused products infringe
the ’753 trademark.
On October 22, 2019, Converse, the
Active Respondents, and OUII each
filed a petition for review of the RID. On
October 30, 2019, each of these parties
filed responses to the other petitions for
review.
On February 7, 2020, the Commission
determined to review the RID in part. 85
FR 8322 (Feb. 13, 2020). Specifically,
the Commission determined to review
the RID’s infringement, validity, and
injury analyses with respect to the
common law trademark rights in the
CMT and the RID’s validity and
infringement analyses with respect to
the ’753 trademark. Id. The Commission
also requested additional briefing from
the parties on the issues under review
and on the issues of remedy, the public
interest, and bonding. Id. at 8322–23.
Converse, the Active Respondents, and
OUII filed timely initial and reply
written submissions.
Having reviewed the record in this
investigation, including the RID and the
parties’ written submissions, the
Commission has determined to affirm in
part and reverse in part the RID’s
findings under review. Specifically, the
Commission reverses the RID’s finding
that the CMT had not acquired

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