Notices. Notice

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BILLING CODE 4310-MN-M INTERNATIONAL TRADE COMMISSION [Inv. No. 337-TA-546] In the Matter of Certain Male Prophylactic Devices; Notice of Commission Determination To Review a Final Initial Determination in Part; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding; Extension of Target Date AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to review in part the final initial determination (“ID”) issued by the presiding administrative law judge (“ALJ”) on June 30, 2006, in the above-captioned investigation.

The Commission has also determined to extend the target date for completion of the investigation until December 5, 2006. FOR FURTHER INFORMATION CONTACT: Mark B. Rees, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone

(202)205-3116. The public version of the ALJ's final 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. General information concerning the Commission may also be obtained by accessing its Internet server ( *http://www.usitc.gov* ). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS-ON-LINE) at *http://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: This investigation was instituted on August 5, 2005, based on a complaint filed on behalf of Portfolio Technologies, Inc., of Chicago, Illinois. 70 FR 45422. The complaint, as amended and supplemented, alleged violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain male prophylactic devices by reason of infringement of claims 1-27, 31-33, and 36 of U.S. Patent No. 5,082,004 (“the ‘004 patent”). The respondents named in the investigation are Church & Dwight Co., Inc., of Princeton, New Jersey; Reddy Medtech, Ltd., of Tamil Nadu, India; and Intellx, Inc., of Petoskey, Michigan. On June 30, 2006, the ALJ issued a final ID in which he ruled that there is no violation of section 337 of the Tariff Act of 1930, as amended. All parties have petitioned for review of various parts of the final ID. Having examined the record in this investigation, including the ALJ's final ID, the petitions for review, and the responses thereto, the Commission has determined to review the issues of claim construction, invalidity due to anticipation, infringement, and domestic industry. On review, the Commission requests briefing on these issues based on the evidentiary record. The Commission is particularly interested in briefing on the following subissues:

(1)The proper treatment of functional limitations in the asserted claims of the ‘004 patent,

(2)whether the use of “theoretical constructs” to construe claim terms is appropriate, including whether the use of theoretical constructs to interpret claims would raise any issues under 35 U.S.C. 112, second paragraph;

(3)the effect that the parties' proposed claim constructions may have on the resolution of issues concerning anticipation, infringement, and the technical prong of the domestic industry;

(4)whether the ID properly applied Commission precedent to determine that complainant had not met the economic prong of the domestic industry requirement; and

(5)whether the ID gave appropriate weight to the evidence complainant proffered to prove that a domestic industry exists under the economic prong. The Commission also requests that the parties include responses to the following question in their submissions: 1. Whether the ID's construction of “elongated tubular portion” to consist of both a physical tube-like structure and a theoretical tube-like structure improperly reads out of the claims the limitation that the “tubular portion” be “formed of thin membrane.” 2. Whether a finding that the preferred embodiment depicted in Figure 10 of the ‘004 patent is not covered by any of the patent claims, as argued by Respondents, is permissible given the Federal Circuit's statement that a claim interpretation that altogether excludes a preferred embodiment from practicing any claims of the patent is “rarely, if ever, correct.” *Pfizer, Inc.* v. *Teva Pharmaceuticals, USA, Inc.* , 429 F. 3d 1364, 1374 (Fed. Cir. 2005) (internal quotes omitted). 3. Whether the ID, in finding no infringement of claims 22 or 25, took into consideration all the undisputed evidence in the record regarding the thickness of the Twisted Pleasure. 4. Whether the undisputed evidence in the record (whether or not credited by the ALJ), in addition to the facts found by the ALJ that go to the existence of a domestic industry, are sufficient to support a finding that Complainant satisfied the economic prong of the domestic industry requirement. In connection with the final disposition of this investigation, the Commission may

(1)Issue an order that could result in the exclusion of the subject articles from entry into the United States, and/or

(2)issue one or more cease and desist orders that could result in respondents being required to cease and desist from engaging in unfair acts in the importation and sale of such articles. Accordingly, the Commission is interested in receiving written submissions that address the form of remedy, if any, that should be ordered. If a party seeks exclusion of an article from entry into the United States for purposes other than entry for consumption, the party should so indicate and provide information establishing that activities involving other types of entry either are adversely affecting it or likely to do so. For background, see *In the Matter of Certain Devices for Connecting Computers via Telephone Lines* , Inv. No. 337-TA-360, USITC Pub. No. 2843 (December 1994) (Commission Opinion). If the Commission contemplates some form of remedy, it must consider the effects of that remedy upon the public interest. The factors the Commission will consider include the effect that an exclusion order and/or cease and desist orders would have on

(1)The public health and welfare,

(2)competitive conditions in the U.S. economy,

(3)U.S. production of articles that are like or directly competitive with those that are subject to investigation, and

(4)U.S. consumers. The Commission is therefore interested in receiving written submissions that address the aforementioned public interest factors in the context of this investigation. If the Commission orders some form of remedy, the President has 60 days to approve or disapprove the Commission's action. During this period, the subject articles would be entitled to enter the United States under bond, in an amount determined by the Commission and prescribed by the Secretary of the Treasury. The Commission is therefore interested in receiving submissions concerning the amount of the bond that should be imposed. *Written Submissions:* The parties to the investigation are requested to file written submissions on the issues under review. The submissions should be concise and thoroughly referenced to the record in this investigation. Parties to the investigation, interested government agencies, and any other interested parties are encouraged to file written submissions on the issues of remedy, the public interest, and bonding. Such submissions should address the June 30, 2006, recommended determination by the ALJ on remedy and bonding. Complainant and the Commission investigative attorney are also requested to submit proposed remedial orders for the Commission's consideration. Complainant is further requested to provide the expiration date of the ‘004 patent and state the HTSUS number under which the accused articles are imported. The written submissions and proposed remedial orders must be filed no later than close of business on October 16, 2006. Reply submissions must be filed no later than the close of business on October 23, 2006. No further submissions on these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file the original document and 12 true copies thereof on or before the deadlines stated above with the Office of the Secretary. Any person desiring to submit a document (or portion thereof) to the Commission in confidence must request confidential treatment unless the information has already been granted such treatment during the proceedings. All such requests should be directed to the Secretary of the Commission and must include a full statement of the reasons why the Commission should grant such treatment. *See* § 201.6 of the Commission's Rules of Practice and Procedure, 19 CFR 201.6. Documents for which confidential treatment by the Commission is sought will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary. The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in sections 210.42-.46 of the Commission's Rules of Practice and Procedure (19 CFR 210.42-210.46). By order of the Commission. Issued: September 29, 2006. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6-16514 Filed 10-4-06; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF JUSTICE Office of Justice Programs [OJP (OJJDP) Docket No. 1458] Meeting of the Federal Advisory Committee on Juvenile Justice AGENCY: Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, Justice. ACTION: Notice of meeting. SUMMARY: The Office of Juvenile Justice and Delinquency Prevention is announcing the spring meeting of the Federal Advisory Committee on Juvenile Justice (FACJJ), which will be held in Columbia, SC on October 23-24, 2006. The meeting times and location are noted below. DATES: The schedule of events is as follows: 1. Monday, October 23, 2006. 8:30 a.m.-12:30 p.m. Welcome, Call to Order and Introductory Remarks. Review, Discussion and Deliberation of the 2006 Final Draft Reports to the President, Congress, and the Administrator of OJJDP (Open Sessions). 12:30 p.m.-1:45 p.m. Regional and Topical Discussions (Closed Sessions). 1:45 p.m.-2:20 p.m. Subcommittee Meetings and Report Outs (Open Sessions). 2:20 p.m.-4 p.m. Review of State Summaries and Discussion of 2007 Preliminary Report Topics and Small Group Discussions (Open Sessions). 4 p.m.-5 p.m. State Announcements, Other Business and Summary Remarks (Open Session). 2. Tuesday, October 24, 2006. 8 a.m-12 p.m. Presentations: Topics to Be Determined (Open Session). 12 p.m.-12:30 p.m. Summary and Closing Remarks (Open Session). ADDRESSES: The meeting will be held at the National Advocacy Center, 1620 Pendleton Street, Columbia, SC 29201. FOR FURTHER INFORMATION CONTACT: Robin Delany-Shabazz, Designated Federal Official, OJJDP, *Robin.Delany-Shabazz@usdoj.gov,* or 202-307-9963. SUPPLEMENTARY INFORMATION: The Federal Advisory Committee on Juvenile Justice (FACJJ), established pursuant to Section 3(2)A of the Federal Advisory Committee Act (5 U.S.C. App.2) will meet to carry out its advisory functions under Section 223(f)(2)(C-E) of the Juvenile Justice and Delinquency Prevention Act of 2002. The FACJJ is composed of one representative from each state and territory. FACJJ duties include: reviewing Federal policies regarding juvenile justice and delinquency prevention; advising the OJJDP Administrator with respect to particular functions and aspects of OJJDP; and advising the President and Congress with regard to State perspectives on the operation of OJJDP and Federal legislation pertaining to juvenile justice and delinquency prevention. More information, including a member list, may be found at *http://www.facjj.org.* For security purposes, members of the public who wish to attend open sessions should register by sending a fax with their name, affiliation, address, phone number, and a list of sessions they plan to attend to 703-738-9149, attention: Daryel Dunston. [Note: this is not a toll-free number.] Because space is limited, notification of intent to attend should be sent by October 17, 2006. Note: Photo identification will be required for admission. Additional identification documents may be required. *Written Comments:* Interested parties may submit written comments by Tuesday, October 17, 2006, to Robin Delany-Shabazz, Designated Federal Official for the Federal Advisory Committee on Juvenile Justice, OJJDP, at *Robin.Delany-Shabazz@usdoj.gov,* or by fax to 202-354-4063. [Note: this is not a toll-free number.] No oral presentations will be permitted though written questions or comments from the public may be invited. Dated: September 29, 2006. Marilyn Roberts, Deputy Administrator, Office of Juvenile Justice and Delinquency Prevention. [FR Doc. E6-16457 Filed 10-4-06; 8:45 am] BILLING CODE 4410-18-P DEPARTMENT OF LABOR Mine Safety and Health Administration Petitions for Modification The following parties have filed petitions to modify the application of 30 CFR 75.1714-4(a), (b), (c), (d), and

(e)(Additional Self-Contained Self-Rescuers), for their anthracite underground coal mines, under section 101(c) of the Federal Mine Safety and Health Act of 1977 and 30 CFR Part 44:

(1)Orchard Coal Company, Orchard Slope Mine, 214 Vaux Road, Tremont Pennsylvania 17981 (MSHA I.D. No. 36-08346), located in Schuylkill County, Pennsylvania. [Docket No. M-2006-031-C]

(2)R S & W Coal Company, Inc., R S & W Slope Mine; 207 Creek Road, Klingerstown, Pennsylvania 17941 (MSHA I.D. No. 36-01818), located in Schuylkill County, Pennsylvania. [Docket No. M-2006-032-C]

(3)S & M Coal Company, Buck Mountain Slope Mine, 1744 E. Grand Avenue, Tower City, Pennsylvania 17980 (MSHA I.D. No. 36-02022), located in Dauphin County, Pennsylvania. [Docket No. M-2006-040-C]

(4)FKZ Coal Company, No. 1 Slope Mine, P.O. Box 62, Locust Gap, Pennsylvania 17840 (MSHA I.D. No. 36-08637), located in Northumberland County, Pennsylvania. [Docket No. M-2006-048-C]

(5)Tito Coal Company, No. 2 Slope Mine, 118 Fairview Lane, Williamstown, Pennsylvania 17098 (MSHA I.D. No. 36-06815), located in Northumberland County, Pennsylvania. [Docket No. M-2006-052-C]

(6)D & D Coal Company, Primrose Slope Mine, D & D Coal Company, 409 W. Centre Street, Donaldson, Pennsylvania 17981 (MSHA I.D. No. 36-08341), located in Schuylkill County, Pennsylvania. [Docket No. M-2006-055-C] These petitioners request a modification of the existing standard to eliminate the requirement for providing an additional self-contained self-rescue

(SCSR)device, and to eliminate the requirement for providing additional SCSRs on mantrips or mobile equipment and in alternate and primary escapeways. The petitioners state that:

(i)An SCSR has never been used in an anthracite mine and no statistical data exists to support the need to use an SCSR;

(ii)The potential hazard which would require wearing an SCSR and traveling the escapeway does not exist;

(iii)There is no hazard scenario where traveling the escapeway with an SCSR would be likely; and

(iv)The travel time on foot from the working face through the primary escapeway is less than fifteen minutes. The petitioners further state that, historically, fires in anthracite mines have not been a significant hazard, as a result of the low volatile matter of the coal, which is reflected in numerous granted petitions for modification relating to firefighting. The petitioners propose to have each miner wear an SCSR correctly for one hour to give the full affect of proper usage when actually wearing the SCSR, because the petitioners believe that to train the miner with one SCSR is a safer act than to have multiple SCSRs without proper training and the miner will know how to use the SCSR in the event of an actual emergency. The petitioners also propose to have hand-held multi-gas detectors located at each working face and have the SCSR stored on the locomotive for the locomotive operator. The petitioner asserts that the proposed alternative method for use of the SCSR would in no way provide less than the same measure of protection than that afforded the miners under the existing standard. Request for Comments Persons interested in these petitions are encouraged to submit comments via E-mail to *Standards-Petitions@dol.gov.* Include “petitions for modification” in the subject line of the email. Comments can also be submitted by fax, regular mail, or hand-delivery. If faxing your comments, include “petitions for modification” on the subject line of the fax. Comments by regular mail or hand-delivery should be submitted to the Mine Safety and Health Administration, Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209. If hand-delivered, you are required to stop by the 21st floor to check in with the receptionist. All comments must be postmarked or received by the Office of Standards, Regulations, and Variances on or before November 6, 2006. Copies of the petitions are available for inspection at that address. Dated at Arlington, Virginia, this 29th day of September 2006. Cherie A. Hutchison, Acting Director, Office of Standards, Regulations, and Variances. [FR Doc. E6-16489 Filed 10-4-06; 8:45 am] BILLING CODE 4510-43-P NATIONAL SCIENCE FOUNDATION Notice of Permit Applications Received Under the Antarctic Conservation Act of 1978 (Pub. L. 95-541) AGENCY: National Science Foundation. ACTION: Notice of Permit Applications Received Under the Antarctic Conservation Act of 1978, Public Law 95-541. SUMMARY: The National Science Foundation

(NSF)is required to publish notice of permit applications received to conduct activities regulated under the Antarctic Conservation Act of 1978. NSF has published regulations under the Antarctic Conservation Act at Title 45 Part 670 of the Code of Regulations. This is required notice of permit application received. DATES: Interested parties are invited to submit written data, comments, or views with respect to this permit application by November 6, 2006. This application may be inspected by interested parties at the Permit Office, address below. ADDRESSES: Comments should be addressed to Permit Office, Room 755, Office of Polar Programs, National science Foundation, 4201 Wilson Boulevard, Arlington, Virginia 22230. FOR FURTHER INFORMATION CONTACT: Nadene G. Kennedy at the above address or

(703)292-7405. SUPPLEMENTARY INFORMATION: The National Science Foundation, as directed by the Antarctic Conservation Act of 1978 (Pub. L. 95-541), as amended by the Antarctic Science, Tourism and Conservation Act of 1996, has developed regulations for the establishment of a permit system for various activities in Antarctica and designation of certain animals and certain geographic areas requiring special protection. The regulations established such a permit system to designate Antarctic Specially Protected Areas. The applications received are as follows: Permit Application No. 2007-016 1. * Applicant:* David Hutchins, College of Marine Studies, University of Delaware, 700 Pilottown Road, Lewes, DE 19958. Activity for Which Permit Is Requested Export and Introduce a Non-indigenous species into Antarctica. The applicant plans to introduce two

(2)100 mi vials each of *Phaeocystic Antarctica, Thalassiosira Antarctica, Parauonema sp., Tyramimonas tychotreta, Paraphysomonas imperforate, Geminigera cryophila, Mallomonas sp., unidentified Antarctic marine bacterium, and Fragilaria sp.* to Antarctica for use during experiments onboard the *RVIB Nathaniel B. Palmer.* These marine phytoplankton will be used in shipboard experiments to study feeding rates of Antarctic protistan grazers. The cultures will be destroyed after use. *Location:* Ross Sea, Antarctica. *Dates:* October 20, 2006 to January 1, 2007. Permit Application No. 2007-017 2. *Applicant:* Philip R. Kyle, Department of Earth & Environmental Science, NM Institute of Mining & Technology, 801 Leroy Place, Socorro, NM 87801. Activity for Which Permit Is Requested Enter Antarctic Specially Protected Area. The applicant plans to use the hut at Cape Crozier (ASPA 124) and collect rock samples from Post Office Hill and The Knoll, all of which are within the Cape Crozier ASPA. The team does not plan to enter the penguin rookery. *Location:* Cape Crozier, Ross Island (ASPA #124). *Dates:* November 29, 2006 to January 30, 2007. Nadene G. Kennedy, Permit Officer, Office of Polar Programs. [FR Doc. 06-8489 Filed 10-4-06; 8:45 am]

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