30542
Federal Register / Vol. 64, No. 109 / Tuesday, June 8, 1999 / Notices
default for failure to respond to the
complaint and notice of investigation.
An evidentiary hearing was held
November 2–13, 1998. Eight
respondents participated in the hearing,
viz., Achiever Industries Limited, Argus
Industries, China Film Equipment,
Dynatec International Inc., Jazz Photo
Corp., OptiColor Camera, P.S.I.
Industries, and Sakar International, Inc.
(the participating respondents). On
December 4, 1998, the Commission
determined not to review an ID granting
complainant’s oral motion to withdraw
a single claim of one patent from the
investigation. 63 FR 67918 (December 9,
1998). Ten respondents that had filed
responses to the complaint and notice of
investigation failed to appear at the
hearing, viz., Ad-Tek Specialties Inc.,
AmerImage, Inc. d/b/a/ Rainbow
Products, Boecks Camera LLC, BPS
Marketing, E.T. Trading d/b/a Klikit,
Penmax, Inc., PhilmEx Photographic
Film, T.D.A. Trading Corp., Vantage
Sales, Inc., and Vivitar Corp.
On February 24, 1999, the ALJ issued
his final ID, finding a violation of
section 337 by 26 of 27 named
respondents. (Complainant Fuji
admitted at closing argument that one
named respondent, Opticam Inc, was
not violating section 337). He found that
Fuji had not carried its burden of proof
in showing infringement of three design
patents. The ALJ also issued his
recommendations on remedy and
bonding. He recommended that the
Commission issue a general exclusion
order directing that disposable cameras
that infringe the claims in controversy
of the 12 utility patents at issue be
excluded from entry into the United
States. He also recommended that cease
and desist orders be issued directed to
the 21 domestic respondents found in
violation of section 337. Finally, he
recommended a 100 percent bond
during the period of Presidential review.
On March 8, 1999, the participating
respondents, complainant Fuji, and the
Commission investigative attorney (IA)
filed petitions for review of the ID.
Upon considering the petitions, the
Commission, on April 19, 1999,
determined to review the following
issues: (1) The standard for the burden
of proof applied in the ID for
establishing repair versus reconstruction
of a patented product, (2) the ID’s
determination that the design patents
asserted in this investigation were not
infringed, (3) infringement issues
insofar as necessary to correct certain
clerical errors brought to the
Commission’s attention by the IA. 64 FR
20324–25 (April 26, 1999).
The Commission received written
submissions from the parties that
addressed the form of remedy, if any,
that should be ordered, the effect of a
remedy on the public interest, and the
amount of bond that should be imposed
during the 60-day Presidential review
period.
Having reviewed the record in this
investigation, including the written
submissions of the parties, the
Commission determined (1) to reverse
the ALJ’s finding that Fuji failed to carry
its burden of proof on the issue of
design patent infringement; (2) to
correct the standard of the burden of
proof on the repair/reconstruction issue
to be proof by a preponderance of the
evidence; and (3) to correct technical
errors in the ID’s infringement findings.
The Commission further determined
that the appropriate form of relief is a
general exclusion order prohibiting the
unlicensed entry for consumption of
lens-fitted film packages that infringe
the claims in issue of the 15 patents
asserted by Fuji in this investigation.
The Commission also determined to
issue 20 cease and desist orders directed
to domestic respondents Fast Shot,
Haichi International, Innovative Trading
Company, Labelle Time, Inc., Forcecam,
Inc., Argus Industries, Dynatec
International Inc., Jazz Photo Corp.,
OptiColor Camera, P.S.I. Industries,
Sakar International, Inc., Ad-Tek
Specialties Inc., AmerImage, Inc. d/b/a/
Rainbow Products, Boecks Camera LLC,
BPS Marketing, E.T. Trading d/b/a
Klikit, PhilmEx Photographic Film,
T.D.A. Trading Corp., Vantage Sales,
Inc., and Vivitar Corp. Respondent
Penmax made a credible showing that it
has no remaining inventory of infringing
products, and the Commission therefore
determined not to issue a cease and
desist order against Penmax.
The Commission also determined that
the public interest factors enumerated in
subsections (d) and (f) of section 337 do
not preclude the issuance of the
aforementioned general exclusion order
and cease and desist orders, and that the
bond during the Presidential review
period shall be in the amount of 100
percent of the entered value of the
articles in question.
Copies of the Commission’s orders,
the public version of the Commission’s
opinion in support thereof, the public
version of the ID, and all other
nonconfidential 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.
This action is taken under the
authority of section 337 of the Tariff Act
of 1930, 19 U.S.C. 1337, the
Administrative Procedure Act, 5 U.S.C.
551 et seq., and sections 210.45–210.51
of the Commission’s Rules of Practice
and Procedure, 19 CFR 210.45-210.51.
By order of the Commission.
Issued: June 2, 1999,
Donna R. Koehnke,
Secretary.
[FR Doc. 99–14525 Filed 6–7–99; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[IND No. 1986–99; AG Order No. 2227–99]
RIN 1115–AE 26
Extension and Redesignation of the
Province of Kosovo in the Republic of
Serbia in the State of the Federal
Republic of Yugoslavia (SerbiaMontenegro) Under Temporary
Protected Status
Immigration and Naturalization
Service, Justice.
AGENCY:
ACTION:
Notice.
On June 9, 1998 the Attorney
General designated Kosovo Province in
the Republic of Serbia in the State of the
Federal Republic of Yugoslavia (SerbiaMontenegro) under the Temporary
Protected Status (TPS) program. This
designation allowed eligible nationals of
Kosovo Province (and aliens having no
nationality who last habitually resided
in Kosovo Province) who have
continuously resided in the United
States since that date to apply for TPS
through June 8, 1999. This notice
extends the TPS designation for Kosovo
Province for 12 months (until June 8,
2000) and provides procedures for
nationals of Kosovo Province (and
aliens having no nationality who last
habitually resided in Kosovo Province)
with TPS to re-register for the additional
12-month TPS period. This notice also
redesignated Kosovo Province under the
TPS program, thereby expanding TPS
eligibility to include nationals of
Kosovo Province (and aliens having no
nationality who last habitually resided
in Kosovo Province) who have been
‘‘continuously present in the United
States’’) and who have ‘‘continuously
resided in the United States’’ since June
18, 1999.
EFFECTIVE DATES:
SUMMARY:
Federal Register / Vol. 64, No. 109 / Tuesday, June 8, 1999 / Notices
1. Extension of Designation and ReRegistration
Because the initial grant of TPS
expires on June 8, 1999, the extension
is effective on June 9, 1999, and lasts
until June 8, 2000. Nationals of Kosovo
Province (and aliens having no
nationality who last habitually resided
in Kosovo Province) who already have
TPS must re-register for TPS during the
period lasting from June 8, 1999, until
July 8, 1999.
2. Redesignation
The redesignation of Kosovo Province
for TPS is effective June 8, 1999, until
June 8, 2000. The registration period for
nationals of Kosovo Province for TPS
under the redesignation begins on June
8, 1999, and will remain in effect until
June 8, 2000.
FOR FURTHER INFORMATION CONTACT:
Michael Valverde, Program Analyst,
Immigration and Naturalization Service,
Room 3040, 425 I Street, NW,
Washington, DC 20536, telephone (202)
514–4754.
SUPPLEMENTARY INFORMATION:
What Is the Statutory Authority To
Extend the Designation and Redesignate
Kosovo Province Under the TPS
Program?
Section 244(b)(3)(A) of the
Immigration and Nationality Act (the
Act) states that at least 60 days before
the end of a designation, the Attorney
General must review conditions in the
foreign state for which the designation
is in effect. 8 U.S.C. 1254a(b)(3)(A).
Under section 244(b)(3)(C), the Attorney
General may extend the initial TPS
period based on a determination that the
foreign state continues to meet the
conditions for designation. 8 U.S.C.
1254a(b)(3)(C). Through such an
extension, however, TPS continues to be
available only to aliens who have been
continuously physically present in the
United States from the effective date of
the initial designation, in this case since
June 9, 1998.
However, section 244(b)(1) of the Act
implicitly permits the Attorney General
to make a new TPS designation for a
foreign state (or part of a foreign state)
that would affect non-covered aliens
currently residing in the United States,
rather than simply extending a prior
TPS designation for previously eligible
aliens. 8 U.S.C. 1254a(b)(1). Section
244(c)(1)(A)(i) states that an alien is
eligible for TPS if he or she ‘‘has been
continuously physically present since
the effective date of the most recent
designation of that state.’’ 8 U.S.C.
1254a(c)(1)(A)(i).
Why Did the Attorney General Decide
to Both Extend and Redesignate Kosovo
Province Under the TPS Program?
Due to the recent events in Kosovo
Province and surrounding areas of the
Federal Republic of Yugoslavia, the
Attorney General and the Department of
State have reexamined conditions in
Kosovo Province. A recent Department
of State report on conditions in that
region found that, ‘‘[g]iven the state of
open war in Kosovo, the ongoing NATO
air strikes in the Federal Republic of
Yugoslavia (including Kosovo), and no
indication of peaceful resolution, a
resident of Kosovo now in the United
States could not possibly return to
Kosovo without incurring an extremely
serious threat to his or her personal
safety.’’ Based on these and other
findings, the Attorney General has
determined that conditions in Kosovo
Province have worsened since the initial
designation and, as a result, has decided
to extend and redesignate Kosovo
30543
Province under the TPS program. This
will extend availability of TPS to
include eligible nationals of Kosovo
Province (and aliens having no
nationality who last habitually resided
in Kosovo Province) who arrived in the
United States after the date of initial
designation.
If I Currently Have TPS Through the
Kosovo Province TPS Program, Do I
Still Need to Re-Register for TPS?
Yes. If you were granted TPS based on
the initial designation of Kosovo
Province, that status will expire on June
8, 1999. Accordingly, you must reregister for TPS in order to maintain
your status through June 8, 2000. With
re-registration, you do not need to pay
the fifty-dollar ($50) filing fee for the
Form I–821.
If you do not have TPS or have TPS
but miss the re-registration period, you
can still apply for TPS under the
redesignation if you have been
continuously physically present and
have continuously resided in the United
States since June 8, 1999. Under the
redesignation you must pay the fiftydollar ($50) fee for the Form I–821. See
the two sets of registration instructions
below for complete filing instructions.
If I Currently Have TPS, How Do I
Register for an Extension?
All applicants previously granted TPS
under the Kosovo Province program
may apply for an extension by filing a
Form I–821 (without the fee) during the
re-registration period that begins June 8,
1999 and ends July 8, 1999.
Additionally, you must file a form I–
765. See the chart below to determine
whether or not you must submit the one
hundred-dollar ($100) filing fee with the
Form I–765.
If
Then
You are applying for employment authorization through June 8, 2000 ...
You must complete and file the Form I–765. Application for Employment Authorization, with the one hundred-dollar ($100) fee.
You must complete and file the Form I–765, Application for Employment Authorization, without a fee.
You must complete and file Form I–765 and an appropriately documented fee waiver request and the requisite affidavit (and any other
information), in accordance with 8 CFR 244.20.
You already have employment authorization or do not require employment authorization.
You are applying for employment authorization and are requesting a
fee waiver.
To re-register for TPS, you also must
include two identification photographs
(11⁄2′′ × 11⁄2′′) and supporting evidence,
as provided in 8 CFR 244.9 (evidence of
identity and nationality, and proof of
residence).
If I Do Not Currently Have TPS, How
Do I Register?
All applicants filing for TPS under the
Kosovo program redesignation must
apply by filing Form I–821 accompanied
by the fifty-dollar ($50) fee.
Additionally, you must submit a
twenty-five dollar ($25) fingerprinting
fee, as well as Form I–765. See the chart
below to determine if you must also
submit the one hundred-dollar ($100)
filing fee under Form I–765, and for
information on requesting a fee waiver.
30544
Federal Register / Vol. 64, No. 109 / Tuesday, June 8, 1999 / Notices
If
Then
You are applying for employment authorization through June 8, 2000 ...
You must complete and file the Form I–765. Application for Employment Authorization, with the one hundred-dollar ($100) fee.
You must complete and file the Form I–765, Application for Employment Authorization, without a fee.
You must complete and file Form I–821 and Form I–765 and an appropriately documented fee waiver request and the requisite affidavit
(and any other information), in accordance with 8 CFR 244.20.
You already have employment authorization or do not require employment authorization.
You are requesting a fee waiver for the $50 fee for the Form I–821,
$100 fee for the Form I–765, and $25 fingerprinting fee.
To register for TPS, you also must
include two identification photographs
(11⁄2′′ × 11⁄2′′) and supporting evidence,
as provided in 8 CFR 244.9 (evidence of
identity and nationality, and proof of
residence).
When Must I Register for TPS?
Extension of TPS
For nationals of Kosovo Province (and
aliens having no nationality who last
habitually resided in Kosovo Province)
who already have TPS, the reregistration period begins June 8, 1999
and lasts until July 8, 1999. If you have
TPS from the original designation but
do not file during the re-registration
period, you can still file a new
application for TPS under the
redesignation, but you will need to
follow the instructions for applying
under the redesignation.
Registration Period Under the
Redesignation
The registration period for nationals
of Kosovo Province applying for TPS
under the redesignation begins June 8,
1999, and will remain in effect until
June 8, 2000.
Where Must I File My Application for
TPS Under This Extension and
Redesignation?
Applicants seeking to register for TPS
or to extend their TPS must submit an
application and accompanying materials
to the Immigration and Naturalization
Service (INS) Service Center that has
jurisdiction over the applicant’s place of
residence.
If you live in Connecticut, Delaware, the
District of Columbia, Maine,
Maryland, Massachusetts, New
Hampshire, New Jersey, New York,
Pennsylvania, Puerto Rico, Rhode
Island, Vermont, Virginia, West
Virginia, or in the U.S. Virgin Islands,
mail your application to: Vermont
Service Center, ATTN: TPS, 75 Lower
Welden Street, St. Albans, VT 05479.
If you live in Arizona, California, Guam,
Hawaii, or Nevada, mail your
application to: California Service
Center, ATTN: TPS, 24000 Avila
Road, 2nd Floor, Laguna Niguel, CA
92677–8111.
If you live in Alabama, Arkansas,
Florida, Georgia, Kentucky, Louisiana,
Mississippi, New Mexico, North
Carolina, Oklahoma, South Carolina,
Tennessee, or Texas, mail your
application to: Texas Service Center,
PO Box 850997, Mesquite, TX 75185–
0997.
If you live elsewhere in the United
States, please mail your application
to: Nebraska Service Center, PO Box
87821, Lincoln, NE 68501–7821.
What Are the Requirements for
Nationals of Kosovo Province to
Demonstrate That They Have Been
‘‘Continuously Physically Present’’ and
Have ‘‘Continuously Resided’’ in the
United States?
All initial applicant for TPS under the
Kosovo Province redesignation will
have to demonstrate ‘‘continuous
physical presence’’ and ‘‘continuous
residence’’ in the United States since
June 8, 1999.
‘‘Continuously physically present’’
means actual physical presence in the
United States for the entire period
specified. However, an alien shall not be
considered to have failed to maintain
continuous physical presence in the
United States by virtue of brief, casual,
and innocent absences.
‘‘Continuously resided’’ means
residing in the United States for the
entire period. An alien will not be
considered to have failed to maintain
continuous residence in the United
States by reason by a brief, casual, and
innocent absence or absence due merely
to a brief trip abroad required by
emergency or extenuating circumstances
outside the control of the alien.
Notice of Extension of Designation and
Redesignation of Kosovo Province
Under the TPS Program
By the authority vested in me as
Attorney General under section 244 of
the Act, and as required by subsections
244(b)(3) (A) and (C), and 244(b)(1) of
the Act, I find that there exist
extraordinary and temporary conditions
that prevent aliens who are nationals of
Kosovo Province (and aliens having no
nationality who last habitually resided
in Kosovo Province) from returning
Kosovo Province in safety, and that
permitting nationals of Kosovo Province
(and aliens having no nationality who
last habitually resided in Kosovo
Province) to remain temporarily in the
United States is not contrary to the
national interest. 8 U.S.C. 1254a(b)(3)
(A) and (C); 8 U.S.C. 1254a(b)(1).
Accordingly, I hereby order as follows:
(1) The designation of Kosovo
Province is extended under section
244(b)(3) (A) and (C) of the Act for the
12-month period spanning from June 9,
1999, to June 8, 2000. 8 U.S.C.
1254a(b)(3) (A) and (C). Nationals of
Kosovo Province (and aliens having no
nationality who last habitually resided
in Kosovo Province) who received TPS
during the initial designation period
may apply for an extension of TPS
during the registration period lasting
from June 8, 1999 until July 8, 1999.
(2) Kosovo Province is redesignated
under section 244(b)(1) of the Act for
TPS until June 8, 2000. 8 U.S.C.
1254a(b)(1). Nationals of Kosovo
Province (and aliens having no
nationality who last habitually resided
in Kosovo Province) who have been
‘‘continuously physically present’’ and
have ‘‘continuously resided’’ in the
United States since June 8, 1999, may
apply for TPS within the registration
period, which begins June 8, 1999, and
ends June 8, 2000.
(3) I estimate that there are no more
than 5,000 nationals of Kovoso Province
who have been granted TPS and who
are eligible for re-registration and no
more than 3,000 nationals of Kosovo
Province who do not have TPS and are
eligible for TPS under this
redesignation.
(4) In order to maintain TPS, a
national of Kosovo Province (or an alien
having no nationality who last
habitually resided in Kosovo Province)
who currently has TPS must re-register
by filing Form I–821, together with
Form I–765, within the period
beginning June 8, 1999 and ending on
July 8, 1999. Late re-registration
applications will be allowed pursuant to
8 CFR 244.17(c). There is no fee for a
Form I–821 filed as part of the reregistration application. A Form I–765
must be filed with the Form I–821. If the
applicant requests employment
authorization, he or she must submit
Federal Register / Vol. 64, No. 109 / Tuesday, June 8, 1999 / Notices
one hundred dollars ($100) or a
properly documented fee wavier
request, pursuant to 8 CFR 244.20, with
the Form I–765. An applicant who does
not request employment authorization
must nonetheless file Form I–765 along
with Form I–821, but is not required to
submit a fee.
(5) A national of Kosovo Province (or
an alien having no nationality who last
habitually resided in Kosovo Province)
filing for TPS under the redesignation
must File Form I–821, together with
Form I–765, within the period
beginning June 8, 1999, and ending on
June 8, 2000. A fifty-dollar ($50) fee
must accompany Form I–821. A twentyfive-dollar ($25) fingerprinting fee must
also be submitted. If the applicant
requests employment authorization, he
or she must submit one hundred dollars
($100) or a properly documented fee
waiver request, pursuant to 8 CFR
244.20, with the Form I–765. An
applicant who does not request
employment authorization must
nonetheless file Form I–765 along with
Form I–821, but in such cases no fee
will be charged. The applicant can also
request a fee waiver for the twenty-fivedollar ($25) fee.
(6) Pursuant to section 244(b)(3)(A) of
the Act, the Attorney General will
review, at least 60 days before June 8,
2000, the designation of Kosovo
Province under the TPS program to
determine whether the conditions for
designation continue to be met. 8 U.S.C.
1254a(b)(3)(A). Notice of that
determination will be published in the
Federal Register. If there is an extension
of designation, late initial registration
for TSP will be allowed only pursuant
to the requirements of 8 CFR 244.2(f)(2).
(7) Information concerning the TPS
redesignation program for nationals of
Kosovo Province (and aliens having no
nationality who last habitually resided
in Kosovo Province) will be available at
local INS offices upon publication of
this notice.
Dated: June 2, 1999.
Janet Reno,
Attorney General.
[FR Doc. 99–14507 Filed 6–7–99; 8:45 am]
BILLING CODE 4410–10–M
DEPARTMENT OF LABOR
Office of the Secretary
Submission for OMB Review;
Comment Request
June 1, 1999.
The Department of Labor (DOL) has
submitted the following public
information collection requests (ICRs) to
the Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act of 1995 (Pub. L. 104–13,
44 U.S.C. Chapter 35). A copy of each
individual ICR, with applicable
supporting documentation, may be
obtained by calling the Department of
Labor, Departmental Clearance Officer,
Ira Mills ((202) 219–5096 ext. 143) or by
E-Mail to Mills-Ira@dol.gov.
Comments should be sent to Office of
Information and Regulatory Affairs,
Attn: OMB Desk Officer for BLS, DM,
ESA, ETA, MSHA, OSHA, PWBA, or
VETS, Office of Management and
Budget, Room 10235, Washington, DC
20503 ((202) 395–7316), within 30 days
from the date of this publication in the
Federal Register.
The OMB is particularly interested in
comments which:
• 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;
• 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;
• enhance the quality, utility, and
clarity of the information to be
collected; and
• 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.
Agency: Employment Standards
Administration.
Title: Rehabilitation Plan and Award.
OMB Number: 1215–0067.
Frequency: On occasion.
Affected Public: Individuals or
households; Businesses or other forprofit.
Number of Respondents: 7,000.
Estimated Time Per Respondent: 30
minutes.
Total Burden Hours: 3,500 hours.
Total Annualized Capital/Startup
Costs: $0.
Total Annual Costs (operating/
maintaining systems or purchasing
services): $0.
Description: The Rehabilitation Plan
and Award is the plan for rehabilitation
services submitted to OWCP by the
injured worker and the rehabilitation
30545
counselor, and OWCP’s Award of
Payment.
Ira L. Mills,
Departmental Clearance Officer.
[FR Doc. 99–14464 Filed 6–7–99; 8:45 am]
BILLING CODE 4510–27–M
DEPARTMENT OF LABOR
Office of the Secretary
Submission for OMB Review;
Comment Request
June 1, 1999.
The Department of Labor (DOL) has
submitted the following public
information collection requests (ICRs) to
the Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act of 1995 (Pub. L. 104–13,
44 U.S.C. Chapter 35). A copy of each
individual ICR, with applicable
supporting documentation, may be
obtained by calling the Department of
Labor, Departmental Clearance Officer,
Ira MIlls (202) 219–5096 ext. 143) or by
E-Mail to Mills-Ira@dol.gov.
Comments should be sent to Office of
Information and Regulatory Affairs,
Attn: OMB Desk Office for BLS, DM,
ESA, ETA, MSHA, OSHA, PWBA, or
VETS, Office of Management and
Budget, Room 10235, Washington, DC
20503 (202) 395–7316), within 30 days
from the date of this publication in the
Federal Register.
The OMB is particularly interested in
comments which:
• 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;
• 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;
• enhance the quality, utility, and
clarity of the information to be
collected; and
• 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.
Agency: Employment Standards
Administration.
Title: Report of Changes That May
Affect Your Black Lung Benefits.
OMB Number: 1215–0084.
