In the Matter of Certain Lens-Fitted Film Packages; Notice of Commission Determinations Concerning Enforcement Measures and Respondents' Request for a Stay of Any Order Levying Civil Penalties, 3385-3386 [05-1201]
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Federal Register / Vol. 70, No. 14 / Monday, January 24, 2005 / Notices
Estimated Annual Reporting and
Recordkeeping ‘‘Non-hour’’ Cost
Burden: We have identified no ‘‘nonhour’’ cost burdens.
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(44 U.S.C. 3501 et seq.) provides that 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.
Comments: Section 3506(c)(2)(A) of
the PRA requires each agency ‘‘* * * to
provide notice * * * and otherwise
consult with members of the public and
affected agencies concerning each
proposed collection of information
* * *.’’ Agencies must specifically
solicit comments to: (a) Evaluate
whether the proposed collection of
information is necessary for the agency
to perform its duties, including whether
the information is useful; (b) evaluate
the accuracy of the agency’s estimate of
the burden of the proposed collection of
information; (c) enhance the quality,
usefulness, and clarity of the
information to be collected; and (d)
minimize the burden on the
respondents, including the use of
automated collection techniques or
other forms of information technology.
To comply with the public
consultation process, we published a
notice in the Federal Register on June
10, 2004 (69 FR 32606), announcing that
we would submit this ICR to OMB for
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If you wish to comment in response
to this notice, you may send your
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ADDRESSES section of this notice. The
OMB has up to 60 days to approve or
disapprove the information collection
but may respond after 30 days.
Therefore, to ensure maximum
consideration, OMB should receive
public comments by February 23, 2005.
Public Comment Policy: We will post
all comments in response to this notice
on our Web site at https://
www.mrm.mms.gov/Laws_R_D/InfoColl/
InfoColCom.htm. We will also make
copies of the comments available for
public review, including names and
addresses of respondents, during regular
business hours at our offices in
Lakewood, Colorado. Upon request, we
will withhold an individual
respondent’s home address from the
public record, as allowable by law.
There also may be circumstances in
which we would withhold from the
rulemaking record a respondent’s
identity, as allowable by law. If you
request that we withhold your name
VerDate jul<14>2003
18:04 Jan 21, 2005
Jkt 205001
and/or address, state your request
prominently at the beginning of your
comment. However, we will not
consider anonymous comments. We
will make all submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, available
for public inspection in their entirety.
MMS Information Collection
Clearance Officer: Arlene Bajusz (202)
208–7744.
Dated: November 5, 2004.
Lucy Querques Denett,
Associate Director for Minerals Revenue
Management.
[FR Doc. 05–1174 Filed 1–21–05; 8:45 am]
BILLING CODE 4310–MR–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–1070A (Final)]
Certain Crepe Paper Products From
China
Determination
On the basis of the record 1 developed
in the subject investigation, the United
States International Trade Commission
(Commission) determines, pursuant to
section 735(b) of the Tariff Act of 1930
(19 U.S.C. 1673d(b)) (the Act), that an
industry in the United States is
materially injured by reason of imports
from China of crepe paper,2 provided
for in subheadings 4802.30; 4802.54;
4802.61; 4802.62; 4802.69; 4804.39;
4806.40; 4808.30; 4808.90; 4811.90;
4818.90; 4823.90; and 9505.90.40 of the
Harmonized Tariff Schedule of the
United States, that have been found by
the Department of Commerce
(Commerce) to be sold in the United
States at less than fair value (LTFV). The
Commission makes a negative finding
with respect to critical circumstances.
Background
The Commission instituted this
investigation effective February 17,
2004, following receipt of a petition
filed with the Commission and
Commerce by Seaman Paper Company
of Massachusetts, Inc.; American Crepe
Corporation; Eagle Tissue LLC; Flower
City Tissue Mills Co.; Garlock Printing
1 The record is defined in § 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
2 Crepe paper as defined by Commerce in Notice
of Final Determination of Sales at Less Than Fair
Value and Affirmative Final Determination of
Critical Circumstances: Certain Crepe Paper from
the People’s Republic of China, 69 FR 70233,
December 3, 2004.
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Fmt 4703
Sfmt 4703
3385
& Converting, Inc.; Paper Service Ltd.;
Putney Paper Co., Ltd.; and the Paper,
Allied-Industrial, Chemical and Energy
Workers International Union AFL-CIO,
CLC. The final phase of the
investigation was scheduled by the
Commission following notification of a
preliminary determination by
Commerce that imports of crepe paper
from China were being sold at LTFV
within the meaning of section 733(b) of
the Act (19 U.S.C. 1673b(b)). Notice of
the scheduling of the final phase of the
Commission’s investigation and of a
public hearing to be held in connection
therewith was given by posting copies
of the notice in the Office of the
Secretary, U.S. International Trade
Commission, Washington, DC, and by
publishing the notice in the Federal
Register of October 8, 2004 (69 FR
60423), subsequently revised on
November 15, 2004 (69 FR 65632). The
hearing was held in Washington, DC, on
December 9, 2004, and all persons who
requested the opportunity were
permitted to appear in person or by
counsel.
The Commission transmitted its
determination in this investigation to
the Secretary of Commerce on January
18, 2005. The views of the Commission
are contained in USITC Publication
3749 (January 2005), entitled Certain
Crepe Paper Products from China:
Investigation No. 731–TA–1070A
(Final).
Issued: January 18, 2005.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05–1231 Filed 1–21–05; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–406; Enforcement
Proceedings (II)]
In the Matter of Certain Lens-Fitted
Film Packages; Notice of Commission
Determinations Concerning
Enforcement Measures and
Respondents’ Request for a Stay of
Any Order Levying Civil Penalties
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
SUMMARY: Notice is hereby given that
the U.S. International Trade
Commission (the Commission) has
determined to levy civil penalties
against respondents Jazz Photo Corp.
(Jazz), Jack Benun, and Anthony
Cossentino, for the violation of the
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24JAN1
3386
Federal Register / Vol. 70, No. 14 / Monday, January 24, 2005 / Notices
Commission cease and desist order
issued to Jazz in the original
investigation. The Commission has
further determined not to issue a new
cease and desist order as requested by
complainant Fuji Photo Film Co., Ltd.,
or to modify the existing cease and
desist order or exclusion order. Finally,
the Commission has deemed
respondents’ request for a stay moot in
view of its decision to defer
enforcement efforts until appeals of its
civil penalty determinations are
exhausted.
FOR FURTHER INFORMATION CONTACT:
Mark B. Rees, Esq., telephone 202–205–
3106, Office of the General Counsel,
U.S. International Trade Commission,
500 E Street, SW., Washington, DC
20436. Copies of all 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 (https://www.usitc.gov).
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS-ON-LINE) at
https://dockets.usitc.gov/eol.public.
Hearing-impaired persons are advised
that information on the matter can be
obtained by contacting the
Commission’s TDD terminal on 202–
205–1810.
SUPPLEMENTARY INFORMATION: The
Commission’s original investigation in
this matter was terminated on June 2,
1999, with a finding of violation of
section 337 by 26 respondents by reason
of importation or sales after importation
of certain lens-fitted film packages
(LFFPs) (i.e., disposable cameras) that
were found to infringe one or more
claims of 15 patents held by
complainant Fuji Photo Film Co. (Fuji).
64 FR 30541 (June 8, 1999). The
Commission issued a general exclusion
order, prohibiting the importation of
LFFPs that infringe any of the claims at
issue, and issued cease and desist orders
to twenty domestic respondents. Id. The
Commission’s orders were upheld by
the U.S. Court of Appeals for the
Federal Circuit. Jazz Photo Corp. v. Int’l
Trade Comm’n, 264 F.3d 1094 (Fed. Cir.
2001), cert. denied, 536 U.S. 950 (2002).
On September 24, 2002, the
Commission initiated enforcement
proceedings under Commission rule
210.75(b) against Jazz and Messrs.
Benun and Cossentino (enforcement
respondents), at the request of
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18:04 Jan 21, 2005
Jkt 205001
complainant Fuji. The Commission
referred the proceedings to the presiding
Administrative Law Judge (ALJ) to
determine whether enforcement
respondents had violated the general
exclusion order or cease and desist
orders issued by the Commission on
June 2, 1999, and to recommend
appropriate enforcement measures if
necessary. 67 FR 61152 (September 27,
2002).
On April 6, 2004, the ALJ issued his
Enforcement Initial Determination (EID)
in which he found a violation of the
general exclusion order and cease and
desist order by respondents. He
ultimately recommended penalties of
$13,675,000 against Jazz and Mr. Benun,
jointly and severally, and $154,000
against Mr. Cossentino, for violation of
the cease and desist order. He also
declined Fuji’s request to recommend
modification of the existing orders or
the issuance of new orders.
Fuji, Jazz, Mr. Benun, and Mr.
Cossentino timely filed petitions for
review. All parties, including the
investigative attorney (IA), filed
responses. Based on the petitions and
responses, and the record developed
below, which fully supported the EID’s
violation findings (including that
Messrs. Benun and Cossentino were
subject to individual liability under the
circumstances), the Commission
determined not to review the violation
findings and thereby adopted them. 69
FR 46179–46180 (Aug. 2, 2004). The
Commission then requested, per the
two-phase review established in the
notice of initiation, separate briefing on
whether to adopt the specific
enforcement measures recommended by
the ALJ.
The Commission received briefs and
responses from all parties. Based upon
its consideration of the EID, the
submissions of the parties, and the
entire record in this proceeding, the
Commission adopts the EID’s
recommendations and analysis
concerning enforcement measures,
except as otherwise noted or
supplemented in its order and opinion
(to be issued later). Accordingly, and
subject to final adjudication of any
appeal of the same, the Commission has
determined to impose a civil penalty in
the amount of $13,675,000 against Jazz
and Mr. Benun, jointly and severally,
based on a daily penalty rate of $25,000
and 547 violation days. Against Mr.
Cossentino, the Commission has
determined to impose a civil penalty in
the amount of $119,750, based on a
daily penalty rate of $250 and 479
violation days.
The Commission has further denied
Fuji’s request for additional injunctive
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Frm 00032
Fmt 4703
Sfmt 4703
or other relief. Finally, with respect to
respondents’ request to stay
enforcement of any order assessing civil
penalties, the Commission finds that
such relief is unnecessary and the
request thus moot because, in this case,
the Commission will not pursue
enforcement efforts prior to the
exhaustion of appeals of its civil penalty
determinations, as indicated in its
accompanying order and the opinion to
be issued.
This action is taken under the
authority of section 337 of the Tariff Act
of 1930, as amended (19 U.S.C. 1337),
and § 210.75 of the Commission’s Rules
of Practice and Procedure (19 CFR
210.75).
By order of the Commission.
Issued: January 14, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05–1201 Filed 1–21–05; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Pursuant to the Rivers and Harbors
Act and Clean Water Act
In accordance with Departmental
Policy, 28 CFR 50.7, notice is hereby
given that a consent decree in United
States v. AT&T Corp., et al., (D.V.I.),
Civil Action No. 2004–174, was lodged
with the District Court of the Virgin
Islands, Division of St. Thomas and St.
John, on December 17, 2004.
This is a civil enforcement action
stating claims against AT&T Corp. and
AT&T of the Virgin Islands for
violations of the Rivers and Harbors Act
(‘‘RHA’’), 33 U.S.C. 401 et seq., and the
Clean Water Act (‘‘CWA’’), 33 U.S.C.
1251 et seq., in connection with the
Defendants’ construction of a
breakwater structure in the Magens Bay
in St. Thomas, the U.S. Virgin Islands
along the shoreline adjacent to the
location where Defendants had installed
an ‘‘ocean ground bed.’’
The proposed Consent Decree would
resolve these violations and, among
other provisions, would require
Defendants to (1) Pay a civil penalty in
the amount of $450,000, (2) ensure that
the violation area is restored, (3) grant
a conservation easement over the beach
area to an environmental organization,
and (4) abide by certain corporate
compliance procedures to help avoid
future violations.
The Department of Justice will accept
written comments relating to the
proposed Consent Decree for thirty (30)
days from the date of publication of this
E:\FR\FM\24JAN1.SGM
24JAN1
]]>Agencies
[Federal Register Volume 70, Number 14 (Monday, January 24, 2005)]
[Notices]
[Pages 3385-3386]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1201]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-406; Enforcement Proceedings (II)]
In the Matter of Certain Lens-Fitted Film Packages; Notice of
Commission Determinations Concerning Enforcement Measures and
Respondents' Request for a Stay of Any Order Levying Civil Penalties
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (the Commission) has determined to levy civil penalties
against respondents Jazz Photo Corp. (Jazz), Jack Benun, and Anthony
Cossentino, for the violation of the
[[Page 3386]]
Commission cease and desist order issued to Jazz in the original
investigation. The Commission has further determined not to issue a new
cease and desist order as requested by complainant Fuji Photo Film Co.,
Ltd., or to modify the existing cease and desist order or exclusion
order. Finally, the Commission has deemed respondents' request for a
stay moot in view of its decision to defer enforcement efforts until
appeals of its civil penalty determinations are exhausted.
FOR FURTHER INFORMATION CONTACT: Mark B. Rees, Esq., telephone 202-205-
3106, Office of the General Counsel, U.S. International Trade
Commission, 500 E Street, SW., Washington, DC 20436. Copies of all
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
(https://www.usitc.gov). The public record for this investigation may be
viewed on the Commission's electronic docket (EDIS-ON-LINE) at https://
dockets.usitc.gov/eol.public. Hearing-impaired persons are advised that
information on the matter can be obtained by contacting the
Commission's TDD terminal on 202-205-1810.
SUPPLEMENTARY INFORMATION: The Commission's original investigation in
this matter was terminated on June 2, 1999, with a finding of violation
of section 337 by 26 respondents by reason of importation or sales
after importation of certain lens-fitted film packages (LFFPs) (i.e.,
disposable cameras) that were found to infringe one or more claims of
15 patents held by complainant Fuji Photo Film Co. (Fuji). 64 FR 30541
(June 8, 1999). The Commission issued a general exclusion order,
prohibiting the importation of LFFPs that infringe any of the claims at
issue, and issued cease and desist orders to twenty domestic
respondents. Id. The Commission's orders were upheld by the U.S. Court
of Appeals for the Federal Circuit. Jazz Photo Corp. v. Int'l Trade
Comm'n, 264 F.3d 1094 (Fed. Cir. 2001), cert. denied, 536 U.S. 950
(2002).
On September 24, 2002, the Commission initiated enforcement
proceedings under Commission rule 210.75(b) against Jazz and Messrs.
Benun and Cossentino (enforcement respondents), at the request of
complainant Fuji. The Commission referred the proceedings to the
presiding Administrative Law Judge (ALJ) to determine whether
enforcement respondents had violated the general exclusion order or
cease and desist orders issued by the Commission on June 2, 1999, and
to recommend appropriate enforcement measures if necessary. 67 FR 61152
(September 27, 2002).
On April 6, 2004, the ALJ issued his Enforcement Initial
Determination (EID) in which he found a violation of the general
exclusion order and cease and desist order by respondents. He
ultimately recommended penalties of $13,675,000 against Jazz and Mr.
Benun, jointly and severally, and $154,000 against Mr. Cossentino, for
violation of the cease and desist order. He also declined Fuji's
request to recommend modification of the existing orders or the
issuance of new orders.
Fuji, Jazz, Mr. Benun, and Mr. Cossentino timely filed petitions
for review. All parties, including the investigative attorney (IA),
filed responses. Based on the petitions and responses, and the record
developed below, which fully supported the EID's violation findings
(including that Messrs. Benun and Cossentino were subject to individual
liability under the circumstances), the Commission determined not to
review the violation findings and thereby adopted them. 69 FR 46179-
46180 (Aug. 2, 2004). The Commission then requested, per the two-phase
review established in the notice of initiation, separate briefing on
whether to adopt the specific enforcement measures recommended by the
ALJ.
The Commission received briefs and responses from all parties.
Based upon its consideration of the EID, the submissions of the
parties, and the entire record in this proceeding, the Commission
adopts the EID's recommendations and analysis concerning enforcement
measures, except as otherwise noted or supplemented in its order and
opinion (to be issued later). Accordingly, and subject to final
adjudication of any appeal of the same, the Commission has determined
to impose a civil penalty in the amount of $13,675,000 against Jazz and
Mr. Benun, jointly and severally, based on a daily penalty rate of
$25,000 and 547 violation days. Against Mr. Cossentino, the Commission
has determined to impose a civil penalty in the amount of $119,750,
based on a daily penalty rate of $250 and 479 violation days.
The Commission has further denied Fuji's request for additional
injunctive or other relief. Finally, with respect to respondents'
request to stay enforcement of any order assessing civil penalties, the
Commission finds that such relief is unnecessary and the request thus
moot because, in this case, the Commission will not pursue enforcement
efforts prior to the exhaustion of appeals of its civil penalty
determinations, as indicated in its accompanying order and the opinion
to be issued.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, as amended (19 U.S.C. 1337), and Sec. 210.75 of
the Commission's Rules of Practice and Procedure (19 CFR 210.75).
By order of the Commission.
Issued: January 14, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-1201 Filed 1-21-05; 8:45 am]
BILLING CODE 7020-02-P
