Notice of Lodging of Proposed Consent Decree Under the Oil Pollution Act, 33556 [2015-14384]
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33556
Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Notices
On April 10, 2015, the ALJ issued her
final ID finding no violation of section
337. She found that, under her claim
constructions, there was insufficient
evidence to conclude that the
respondents infringed the asserted
claims or that FMC satisfied either the
technical prong or the economic prong
of the domestic industry requirement.
She further found that the respondents
showed by clear and convincing
evidence that the asserted claims of the
’952 patent are invalid under 35 U.S.C.
102(g).
On April 22, 2015, FMC filed a timely
petition for review challenging nearly
all of the ID’s findings. On April 30,
2015, the respondents and the
Commission investigative attorney
timely opposed FMC’s petition.
Having examined the record of this
investigation, including the ALJ’s final
ID, the petition for review, and the
responses thereto, the Commission has
determined to review the final ID in
part. The Commission has determined
to review and set aside the ALJ’s
findings on the economic prong of the
domestic industry requirement See 19
CFR 210.45(c).
The Commission has also determined
to review the the ALJ’s construction of
‘‘a temperature in the range of about 120
°C to about 160 °C’’ because it contains
a typographical error. The ALJ cites the
Commission’s affirmance of her
construction of the claim phrase during
the temporary phrase of this
investigation, but adds the word
‘‘about’’ to her quotation of the
Commission’s construction and to her
final construction. Because the ID
indicates the intent to be consistent
with the Commission’s construction, the
Commission finds that the inclusion of
the word ‘‘about’’ in the construction is
a typographical error. On review, the
Commission finds that ‘‘a temperature
in the range of about 120 °C to about 160
°C’’ means ‘‘a temperature in the range
of 120 °C (+/¥2.5 °C) to 160 °C (+/¥2.5
°C).’’ This minor change does not
impact any of the ALJ’s findings on
infringement, invalidity, or the
technical prong of the domestic industry
requirement.
The Commission has determined not
to review the remaining findings in the
ID.
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 Part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
By order of the Commission.
VerDate Sep<11>2014
19:05 Jun 11, 2015
Jkt 235001
Issued: June 8, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015–14380 Filed 6–11–15; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the Oil
Pollution Act
On June 8, 2015, the Department of
Justice lodged a proposed Consent
Decree with the United States District
Court for the Western District of
Michigan in the lawsuit entitled United
States, et al. v. Enbridge Energy Limited
Partnership, et al., Civil Action No.
1:15–CV–590.
The United States, the State of
Michigan, the Nottawaseppi Huron
Band of the Potawatomi Indians and the
Match-E-Be-Nash-E-Wish Band of the
Pottowatomi filed this action seeking
damages under the Oil Pollution Act for
injuries to natural resources that
occurred as a result of discharges of oil
into Talmadge Creek, the Kalamazoo
River and adjoining shorelines
following a July 2010 rupture of the
Line 6B oil pipeline owned and
operated by various Enbridge entities.
The State of Michigan also asserts
claims for natural resource damages
under State law.
Under the proposed Consent Decree,
seven affiliated Enbridge entities
(‘‘Enbridge’’) will pay $1,484,952, plus
interest, to reimburse past natural
resource damage assessment costs
incurred by federal natural resource
trustees and an additional $150,000,
plus interest, to reimburse natural
resource damage assessment costs
incurred by the two Tribes. The Consent
Decree also requires Enbridge to
complete a number of natural resource
damage restoration projects in
accordance with workplans and
schedules established or approved
under a separate State Consent
Judgment in Michigan Dep’t of Envtl.
Quality v. Enbridge Energy Partners,
L.P., et al., No. 15–1411–CE (Calhoun
County Cir. Ct. May 13, 2015). In
addition, Enbridge will pay $2,265,048,
plus interest, to a Restoration Account
within the Department of the Interior’s
Natural Resource Damage Assessment
and Restoration Fund, for joint use of
federal, state, and tribal natural resource
trustees. Of the Funds in the Restoration
Account, at least $1,703,174, plus
interest, will be used to fund additional
natural resource restoration projects
consistent with a Restoration Plan that
is subject to approval by the natural
PO 00000
Frm 00082
Fmt 4703
Sfmt 9990
resource trustees. Up to $561,875 of the
funds in the Restoration Account, plus
interest, will be available for and
applied as needed to fund Future Costs
of federal and tribal natural resource
trustees, including costs of restoration
planning activities and costs of
overseeing implementation of any
natural resource restoration projects
required under the Consent Decree. The
proposed Consent Decree will resolve
natural resource damages claims
asserted against Enbridge in the
complaint, but it does not resolve other
claims against Enbridge arising from the
July 2010 oil discharges from the Line
6B pipeline, including claims for
injunctive relief and civil penalties
under the Clean Water Act. The
proposed Consent Decree reserves such
claims for separate resolution.
The publication of this notice opens
a period for public comment on the
proposed Consent Decree. Comments
should be addressed to the Assistant
Attorney General, Environment and
Natural Resources Division and should
refer to United States et al., v. Enbridge
Energy Limited Partnership, et al., D.J.
Ref. No. 90–5–1–1–10099/1. All
comments must be submitted no later
than thirty (30) days after the
publication date of this notice.
Comments may be submitted either by
email or by mail:
To submit
comments:
Send them to:
By email .......
pubcomment-ees.enrd@
usdoj.gov.
Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC
20044–7611.
By mail .........
During the public comment period,
the proposed Consent Decree may be
examined and downloaded at this
Justice Department Web site: https://
www.justice.gov/enrd/consent-decrees.
We will provide a paper copy of the
proposed Consent Decree upon written
request and payment of reproduction
costs. Please mail your request and
payment to: Consent Decree Library,
U.S. DOJ—ENRD, P.O. Box 7611,
Washington, DC 20044–7611.
Please enclose a check or money order
for $10.75 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Randall M. Stone,
Acting Assistant Section Chief,
Environmental Enforcement Section,
Environment and Natural Resources Division.
[FR Doc. 2015–14384 Filed 6–11–15; 8:45 am]
BILLING CODE 4410–15–P
E:\FR\FM\12JNN1.SGM
12JNN1
]]>Agencies
[Federal Register Volume 80, Number 113 (Friday, June 12, 2015)]
[Notices]
[Page 33556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14384]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Oil
Pollution Act
On June 8, 2015, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Western
District of Michigan in the lawsuit entitled United States, et al. v.
Enbridge Energy Limited Partnership, et al., Civil Action No. 1:15-CV-
590.
The United States, the State of Michigan, the Nottawaseppi Huron
Band of the Potawatomi Indians and the Match-E-Be-Nash-E-Wish Band of
the Pottowatomi filed this action seeking damages under the Oil
Pollution Act for injuries to natural resources that occurred as a
result of discharges of oil into Talmadge Creek, the Kalamazoo River
and adjoining shorelines following a July 2010 rupture of the Line 6B
oil pipeline owned and operated by various Enbridge entities. The State
of Michigan also asserts claims for natural resource damages under
State law.
Under the proposed Consent Decree, seven affiliated Enbridge
entities (``Enbridge'') will pay $1,484,952, plus interest, to
reimburse past natural resource damage assessment costs incurred by
federal natural resource trustees and an additional $150,000, plus
interest, to reimburse natural resource damage assessment costs
incurred by the two Tribes. The Consent Decree also requires Enbridge
to complete a number of natural resource damage restoration projects in
accordance with workplans and schedules established or approved under a
separate State Consent Judgment in Michigan Dep't of Envtl. Quality v.
Enbridge Energy Partners, L.P., et al., No. 15-1411-CE (Calhoun County
Cir. Ct. May 13, 2015). In addition, Enbridge will pay $2,265,048, plus
interest, to a Restoration Account within the Department of the
Interior's Natural Resource Damage Assessment and Restoration Fund, for
joint use of federal, state, and tribal natural resource trustees. Of
the Funds in the Restoration Account, at least $1,703,174, plus
interest, will be used to fund additional natural resource restoration
projects consistent with a Restoration Plan that is subject to approval
by the natural resource trustees. Up to $561,875 of the funds in the
Restoration Account, plus interest, will be available for and applied
as needed to fund Future Costs of federal and tribal natural resource
trustees, including costs of restoration planning activities and costs
of overseeing implementation of any natural resource restoration
projects required under the Consent Decree. The proposed Consent Decree
will resolve natural resource damages claims asserted against Enbridge
in the complaint, but it does not resolve other claims against Enbridge
arising from the July 2010 oil discharges from the Line 6B pipeline,
including claims for injunctive relief and civil penalties under the
Clean Water Act. The proposed Consent Decree reserves such claims for
separate resolution.
The publication of this notice opens a period for public comment on
the proposed Consent Decree. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division
and should refer to United States et al., v. Enbridge Energy Limited
Partnership, et al., D.J. Ref. No. 90-5-1-1-10099/1. All comments must
be submitted no later than thirty (30) days after the publication date
of this notice. Comments may be submitted either by email or by mail:
------------------------------------------------------------------------
To submit comments: Send them to:
------------------------------------------------------------------------
By email............................ pubcomment-ees.enrd@usdoj.gov.
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
------------------------------------------------------------------------
During the public comment period, the proposed Consent Decree may
be examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
the proposed Consent Decree upon written request and payment of
reproduction costs. Please mail your request and payment to: Consent
Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-
7611.
Please enclose a check or money order for $10.75 (25 cents per page
reproduction cost) payable to the United States Treasury.
Randall M. Stone,
Acting Assistant Section Chief, Environmental Enforcement Section,
Environment and Natural Resources Division.
[FR Doc. 2015-14384 Filed 6-11-15; 8:45 am]
BILLING CODE 4410-15-P
