Certain Electronic Paper Towel Dispensing Devices and Components Thereof; Issuance of General Exclusion Order and Cease and Desist Orders; Termination of Investigation, 76181-76182 [2011-31257]
Download as PDF
<![CDATA[
Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Notices
The Bureau of Reclamation
(Reclamation) and the U.S. Fish and
Wildlife Service (Service), as the
National Environmental Policy Act
(NEPA) Federal joint lead agencies, and
the State of California Department of
Fish and Game (DFG), acting as the
California Environmental Quality Act
lead agency, have prepared the Suisun
Marsh Habitat, Management,
Preservation, and Restoration Plan
(SMP) Final EIS/EIR. The SMP is a
comprehensive plan designed to address
the various conflicts regarding use of
Suisun Marsh resources, with the focus
on achieving an acceptable multistakeholder approach to the restoration
of tidal wetlands and the management
of managed wetlands and their
functions.
DATES: Reclamation and the Service will
not make a decision on the proposed
action until at least 30 days after release
of the Final EIS/EIR. After the 30 day
waiting period, Reclamation and the
Service will complete a Record of
Decision (ROD). The ROD will state the
actions that will be implemented by
each agency and will discuss factors
leading to the decisions.
ADDRESSES: A compact disk or a copy of
the Final EIS/EIR may be requested from
Ms. Becky Victorine, Bureau of
Reclamation, Bay-Delta Office, 801 I
Street, Suite 140, Sacramento, California
95814–2536, or emailed to rvictorine@
usbr.gov, or by calling (916) 414–2429.
The Final EIS/EIR is also accessible
from the following Web site: https://
www.usbr.gov/mp/nepa/nepa_
projdetails.cfm?Project_ID=781.
FOR FURTHER INFORMATION CONTACT: Ms.
Becky Victorine, Bureau of Reclamation,
(916) 414–2429, rvictorine@usbr.gov; or
Ms. Cay Goude; U.S. Fish and Wildlife
Service, (916) 414–6600, cay_goude@
fws.gov.
SUPPLEMENTARY INFORMATION: Suisun
Marsh (Marsh) is the largest contiguous
brackish water marsh remaining on the
west coast of North America and is a
critical part of the San Francisco Bay/
Sacramento—San Joaquin Delta (BayDelta) estuary ecosystem. The values of
the Marsh have been recognized as
important and several agencies have
been involved in its protection since the
mid-1970s. In 2001, the principal
Federal, State and local agencies that
have jurisdiction or interest in the
Marsh directed the formation of a
charter group to develop a plan for the
Marsh that would balance the needs of
the California Bay-Delta Authority
(CALFED), the Suisun Marsh
Preservation Agreement, and other
plans by protecting and enhancing
existing land uses, existing waterfowl
jlentini on DSK4TPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:04 Dec 05, 2011
Jkt 226001
and wildlife values, including those
associated with the Pacific Flyway,
endangered species, and state and
Federal water project supply quality. A
subset of this charter group has
collaboratively prepared the SMP Final
EIS/EIR. The principal agencies include
the Service, Reclamation, National
Marine Fisheries Service (NMFS), DFG,
State of California Department of Water
Resources, and Suisun Resource
Conservation District. Each principal
agency would use this EIS/EIR to
implement particular actions described
and analyzed in the document that
would contribute to the overall
implementation of the SMP. NMFS and
the U.S. Army Corps of Engineers are
cooperating agencies in accordance with
NEPA.
The SMP preferred alternative
includes restoring 5,000 to 7,000 acres
in the Marsh to fully functioning, selfsustaining tidal wetland and protecting
and enhancing existing tidal wetland
acreage; and improving levee stability
and flood and drain capabilities of the
remaining 44,000 to 46,000 acres of
managed wetlands. The plan is intended
to guide near-term and future actions
related to restoration of tidal wetlands
and managed wetland activities in the
Marsh. Restoration of tidal wetlands
under the SMP preferred alternative
would implement the tidal restoration
goal established for the Marsh by the
CALFED Ecosystem Restoration
Program Plan, and would contribute to
the tidal restoration goals of the San
Francisco Bay Area Wetlands Ecosystem
Goals Project, and the Service’s Draft
Recovery Plan for Tidal Marsh
Ecosystems of Northern and Central
California for the Suisun Bay Area
Recovery Unit. SMP actions would be
implemented over the 30-year SMP
timeframe. Benefits from individual
tidal restoration projects would change
as elevations rise, vegetation becomes
established, and vegetation
communities shift over time from low
marsh to high marsh condition.
The intended outcomes of the
managed wetlands activities described
in the SMP EIS/EIR are to maintain and
improve habitat conditions and
minimize or avoid adverse effects of
wetland operations. Most of these
activities are already occurring in the
Marsh; however, some of the current
activities would be modified, and some
new activities would be conducted, as
described in detail in the SMP EIS/EIR.
The SMP EIS/EIR documents the
direct, indirect, and cumulative effects
to the physical, biological, and
socioeconomic environment that may
result from the SMP, including potential
effects on hydrology, water quality,
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
76181
geology, groundwater, flood control,
sediment transport, transportation and
navigation, air quality, noise, climate
change, fish, vegetation and wetlands,
wildlife, visual resources, cultural
resources, land and water use, social
and economic conditions, utilities and
public services, recreation, power,
public health and environmental
hazards, environmental justice, and
Indian trust assets.
Public meetings on the draft EIS/EIR
were held on Thursday, November 18,
2010, in Suisun City, CA, and Benicia,
CA.
Public Disclosure
Before including your name, 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.
Dated: November 30, 2011.
Michelle Denning,
Acting Regional Director, Mid-Pacific Region,
U.S. Bureau of Reclamation.
November 30, 2011.
Paul McKim,
Acting Deputy Regional Director, Pacific
Southwest Region, U.S. Fish and Wildlife
Service.
[FR Doc. 2011–31245 Filed 12–5–11; 8:45 am]
BILLING CODE 4310–MN–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–718]
Certain Electronic Paper Towel
Dispensing Devices and Components
Thereof; Issuance of General
Exclusion Order and Cease and Desist
Orders; Termination of Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has issued a general
exclusion order and cease and desist
orders in the above-captioned
investigation under section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 337 (‘‘section 337’’), and has
terminated the investigation.
FOR FURTHER INFORMATION CONTACT:
James A. Worth, Office of the General
Counsel, U.S. International Trade
SUMMARY:
E:\FR\FM\06DEN1.SGM
06DEN1
jlentini on DSK4TPTVN1PROD with NOTICES
76182
Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Notices
Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
205–3065. Copies of non-confidential
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 (https://www.usitc.gov).
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://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 May 21,
2010, based upon a complaint filed on
behalf of Georgia-Pacific Consumer
Products LP of Atlanta, Georgia
(‘‘Georgia-Pacific’’) on April 19, 2010,
and supplemented on May 10, 2010. 75
FR 28652 (May 21, 2010). The
complaint alleged violations of Section
337 of the Tariff Act of 1930 (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 electronic paper
towel dispensing devices and
components thereof by reason of
infringement of certain claims of U.S.
Patent Nos. 6,871,815 (‘‘the ’815
patent’’); 7,017,856 (‘‘the ’856 patent’’);
7,182,289 (‘‘the ’289 patent’’); and
7,387,274 (‘‘the ’274 patent’’). The
complainant named as respondents
Kruger Products LP of Mississauga,
Canada; KTG USA LP of Memphis,
Tennessee (‘‘KTG USA’’); Stefco
Industries, Inc. of Haines City, Florida
(‘‘Stefco’’); Cellynne Corporation of
Haines City, Florida (‘‘Cellynne’’); Draco
Hygienic Products Inc. of Ontario,
California; NetPak Electronic Plastic and
Cosmetic, Inc., d/b/a/Open for Business
of Chicago, Illinois (‘‘NetPak Chicago’’);
NetPak Electronik Plastik ve Kozmetik
Sanayi, Ve Ticaret Ltd of Izmir, Turkey
(‘‘NetPak Turkey’’); Paradigm Marketing
Consortium, Inc. of Syosset, New York;
United Sourcing Network Corp. of
Syosset, New York; New Choice (H.K.)
Ltd. of Shatin, Hong Kong; and Vida
International Inc. of Taipei, Taiwan.
On August 16, 2010, the Commission
issued notice of its determination not to
review an ID amending the complaint
and notice of investigation: (1) To
correct the corporate name of NetPak
Chicago; (2) to redefine ‘‘Kruger’’ to
VerDate Mar<15>2010
17:04 Dec 05, 2011
Jkt 226001
‘‘Kruger Products and/or KTG USA’’; (3)
to indicate that Georgia-Pacific no
longer alleges that NetPak Turkey is the
source of Stefco’s and Cellynne’s
accused product; (4) to add new
respondents Jet Power International
Limited; Winco Industries Co.; DWL
Industries Co.; Ko-Am Corporation Inc.
d/b/a Janitor’s World; Natury, S.A. De
C.V.; Franklin Financial Management,
Inc. d/b/a Update International; and
Alliance in Manufacturing LLC.
Two respondents, Stefco and
Cellynne, did not respond to the
complaint and notice of investigation,
and a third respondent, NetPak Turkey,
did not participate in discovery. On
October 12, 2010, the ALJ issued an
order to show cause why Stefco and
Cellynne should not be found in default,
and on November 2, 2010, issued an
order to show cause why NetPak Turkey
should not be found in default. On
December 30, 2010, the ALJ issued an ID
(Order No. 28) finding Stefco, Cellynne,
and NetPak Turkey in default. On
January 16, 2011, the Commission
determined not to review this order. The
other respondents to the investigation
were terminated by consent order.
On July 12, 2011, the ALJ issued an
ID, Order No. 36, finding substantial,
reliable, and probative evidence that the
Stefco, Cellynne, and Netpak Turkey
violated section 337 based on the
importation, sale for importation, and/or
sale after importation into the United
States of electronic paper towel
dispensing devices that infringe the
asserted patent claims. The ALJ issued
a recommended determination with the
ID. The ALJ recommended that the
Commission issue a general exclusion
order and cease and desist orders,
finding that such orders would not be
contrary to the public interest, and
recommended that the bond for
importation during the presidential
review period be set at 100 percent of
the entered value of the infringing
products for respondents and no bond
be set for nonrespondents. On August
19, 2011, the Commission issued notice
of its determination not to review the
ID, and solicited submissions on
remedy, the public interest, and
bonding. 76 FR 53154 (Aug. 25, 2011).
Georgia-Pacific and the Commission
investigative attorney filed submissions
and reply submissions with respect
thereto.
After reviewing the relevant portions
of the record, the Commission has
determined to issue a general exclusion
order with respect to claims 4–7 of the
’815 patent, claims 8–22 of the ’856
patent, claims 1–3 of the ’289 patent,
and claims 4–22 of the ’274 patent, and
cease and desist orders against Stefco
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
and Cellynne with respect to the same
claims. In this connection, the
Commission has determined to set a
bond of 100 percent of entered value
during the period of Presidential review.
The investigation is terminated.
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 Part 210
of the Commission’s Rules of Practice
and Procedure (19 CFR part 210).
By order of the Commission.
Issued: December 1, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011–31257 Filed 12–5–11; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Planning
Guidance and Instructions for
Submission of the Strategic State Plan
and Plan Modifications for Title I of the
Workforce Investment Act and
Wagner-Peyser Act
ACTION:
Notice.
The Department of Labor
(DOL) is submitting the Employment
and Training Administration (ETA)
sponsored information collection
request (ICR) titled, ‘‘Planning Guidance
and Instructions for Submission of the
Strategic State Plan and Plan
Modifications for Title I of the
Workforce Investment Act and WagnerPeyser Act,’’ as proposed to be revised,
to the Office of Management and Budget
(OMB) for review and approval for use
in accordance with the Paperwork
Reduction Act (PRA) of 1995 (44 U.S.C.
3501 et seq.).
DATES: Submit comments on or before
January 5, 2012.
ADDRESSES: A copy of this ICR with
applicable supporting documentation;
including a description of the likely
respondents, proposed frequency of
response, and estimated total burden
may be obtained from the RegInfo.gov
Web site, https://www.reginfo.gov/
public/do/PRAMain, on the day
following publication of this notice or
by contacting Michel Smyth by
telephone at (202) 693–4129 (this is not
a toll-free number) or sending an email
to DOL_PRA_PUBLIC@dol.gov.
Submit comments about this request
to the Office of Information and
Regulatory Affairs, Attn: OMB Desk
SUMMARY:
E:\FR\FM\06DEN1.SGM
06DEN1
]]>Agencies
[Federal Register Volume 76, Number 234 (Tuesday, December 6, 2011)]
[Notices]
[Pages 76181-76182]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31257]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-718]
Certain Electronic Paper Towel Dispensing Devices and Components
Thereof; Issuance of General Exclusion Order and Cease and Desist
Orders; Termination of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has issued a general exclusion order and cease and desist
orders in the above-captioned investigation under section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 337 (``section 337''), and
has terminated the investigation.
FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General
Counsel, U.S. International Trade
[[Page 76182]]
Commission, 500 E Street SW., Washington, DC 20436, telephone (202)
205-3065. Copies of non-confidential 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 (https://www.usitc.gov). The public record for this
investigation may be viewed on the Commission's electronic docket
(EDIS) at https://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 May 21,
2010, based upon a complaint filed on behalf of Georgia-Pacific
Consumer Products LP of Atlanta, Georgia (``Georgia-Pacific'') on April
19, 2010, and supplemented on May 10, 2010. 75 FR 28652 (May 21, 2010).
The complaint alleged violations of Section 337 of the Tariff Act of
1930 (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 electronic paper towel dispensing devices and
components thereof by reason of infringement of certain claims of U.S.
Patent Nos. 6,871,815 (``the '815 patent''); 7,017,856 (``the '856
patent''); 7,182,289 (``the '289 patent''); and 7,387,274 (``the '274
patent''). The complainant named as respondents Kruger Products LP of
Mississauga, Canada; KTG USA LP of Memphis, Tennessee (``KTG USA'');
Stefco Industries, Inc. of Haines City, Florida (``Stefco''); Cellynne
Corporation of Haines City, Florida (``Cellynne''); Draco Hygienic
Products Inc. of Ontario, California; NetPak Electronic Plastic and
Cosmetic, Inc., d/b/a/Open for Business of Chicago, Illinois (``NetPak
Chicago''); NetPak Electronik Plastik ve Kozmetik Sanayi, Ve Ticaret
Ltd of Izmir, Turkey (``NetPak Turkey''); Paradigm Marketing
Consortium, Inc. of Syosset, New York; United Sourcing Network Corp. of
Syosset, New York; New Choice (H.K.) Ltd. of Shatin, Hong Kong; and
Vida International Inc. of Taipei, Taiwan.
On August 16, 2010, the Commission issued notice of its
determination not to review an ID amending the complaint and notice of
investigation: (1) To correct the corporate name of NetPak Chicago; (2)
to redefine ``Kruger'' to ``Kruger Products and/or KTG USA''; (3) to
indicate that Georgia-Pacific no longer alleges that NetPak Turkey is
the source of Stefco's and Cellynne's accused product; (4) to add new
respondents Jet Power International Limited; Winco Industries Co.; DWL
Industries Co.; Ko-Am Corporation Inc. d/b/a Janitor's World; Natury,
S.A. De C.V.; Franklin Financial Management, Inc. d/b/a Update
International; and Alliance in Manufacturing LLC.
Two respondents, Stefco and Cellynne, did not respond to the
complaint and notice of investigation, and a third respondent, NetPak
Turkey, did not participate in discovery. On October 12, 2010, the ALJ
issued an order to show cause why Stefco and Cellynne should not be
found in default, and on November 2, 2010, issued an order to show
cause why NetPak Turkey should not be found in default. On December 30,
2010, the ALJ issued an ID (Order No. 28) finding Stefco, Cellynne, and
NetPak Turkey in default. On January 16, 2011, the Commission
determined not to review this order. The other respondents to the
investigation were terminated by consent order.
On July 12, 2011, the ALJ issued an ID, Order No. 36, finding
substantial, reliable, and probative evidence that the Stefco,
Cellynne, and Netpak Turkey violated section 337 based on the
importation, sale for importation, and/or sale after importation into
the United States of electronic paper towel dispensing devices that
infringe the asserted patent claims. The ALJ issued a recommended
determination with the ID. The ALJ recommended that the Commission
issue a general exclusion order and cease and desist orders, finding
that such orders would not be contrary to the public interest, and
recommended that the bond for importation during the presidential
review period be set at 100 percent of the entered value of the
infringing products for respondents and no bond be set for
nonrespondents. On August 19, 2011, the Commission issued notice of its
determination not to review the ID, and solicited submissions on
remedy, the public interest, and bonding. 76 FR 53154 (Aug. 25, 2011).
Georgia-Pacific and the Commission investigative attorney filed
submissions and reply submissions with respect thereto.
After reviewing the relevant portions of the record, the Commission
has determined to issue a general exclusion order with respect to
claims 4-7 of the '815 patent, claims 8-22 of the '856 patent, claims
1-3 of the '289 patent, and claims 4-22 of the '274 patent, and cease
and desist orders against Stefco and Cellynne with respect to the same
claims. In this connection, the Commission has determined to set a bond
of 100 percent of entered value during the period of Presidential
review. The investigation is terminated.
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
Part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
Issued: December 1, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-31257 Filed 12-5-11; 8:45 am]
BILLING CODE 7020-02-P
