Certain Automated Mechanical Transmission Systems for Medium-Duty and Heavy-Duty Trucks and Components Thereof; Termination of Investigation; Issuance of a Limited Exclusion Order and a Cease and Desist Order, 19094-19095 [05-7298]
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Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[WY–100–05–1310–DB]
Notice of Intent To Prepare
Supplemental Information for the
Jonah Infill Drilling Project
Environmental Impact Statement,
Pinedale, WY
Bureau of Land Management,
Interior.
ACTION: Notice of intent.
AGENCY:
SUMMARY: Under Section 102 (2) (C) of
the National Environmental Policy Act
(NEPA) of 1969, as amended, the Bureau
of Land Management (BLM) Pinedale
Field Office announces its intent to
prepare supplemental information
regarding the potential impacts to air
quality of a proposed natural gas
development project. On February 11,
2005, the BLM published in the Federal
Register a Notice of Availability of a
Draft Environmental Impact Statement
(DEIS) for the Jonah Infill Drilling
Project (JIDP) for public review and
comment. The BLM will continue to
accept comments from the public on
only the air quality information
presented in the DEIS.
DATES: Effective April 12, 2005, this
notice provides the public additional
time to continue to submit comments on
only the air quality information
presented in the JIDP DEIS. When the
supplemental information is available
for public review and comment, the
BLM will publish a Notice of
Availability in the Federal Register and
provide the public with the opportunity
to review and comment. In addition,
announcements will be made through
local media and posted on the BLMWyoming’s Web site: https://
www.wy.blm.gov.
A copy of the DEIS has been
sent to affected Federal, State and local
Government agencies and to other
interested parties. An electronic copy of
the DEIS may be viewed or downloaded
from the BLM Web site at https://
www.wy.blm.gov/pfo. Copies of the
DEIS are available for public inspection
at the following BLM office locations:
• Bureau of Land Management,
Wyoming State Office, 5353
Yellowstone Road, Cheyenne,
Wyoming.
• Bureau of Land Management,
Pinedale Field Office, 432 East Mill
Street, Pinedale, Wyoming.
FOR FURTHER INFORMATION CONTACT:
BLM Pinedale Field Office, Carol Kruse,
Project Manager, 432 East Mill Street,
Pinedale, Wyoming, P.O. Box 768
ADDRESSES:
VerDate jul<14>2003
16:48 Apr 11, 2005
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Pinedale, Wyoming 82941. Ms. Kruse
may also be reached at (307) 367–5352.
SUPPLEMENTARY INFORMATION: Please
note that public comments and
information submitted regarding this
project, including names, e-mail
addresses, and street addresses of the
respondents, will be available for public
review and disclosure at the above
address during regular business hours
(7:45 a.m. to 4:30 p.m.) Monday through
Friday, except holidays. Individual
respondents may request
confidentiality. If you wish to withhold
your name, email address, or street
address from public review or from
disclosure under the Freedom of
Information Act, you must state this
prominently at the beginning of your
written comment. Such requests will be
honored to the extent allowed by the
law. All submissions from organizations
or businesses, and from individuals
identifying themselves as
representatives or officials of
organizations or businesses, will be
made available for public inspection in
their entirety.
Dated: April 1, 2005.
Robert A. Bennett,
State Director.
[FR Doc. 05–7418 Filed 4–8–05; 1:51 pm]
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[AZ–910–0777–XP–241A]
State of Arizona Resource Advisory
Council Meeting
Bureau of Land Management,
Interior.
ACTION: Arizona Resource Advisory
Council Meeting notice.
AGENCY:
SUMMARY: This notice announces a
meeting and tour of the Arizona
Resource Advisory Council (RAC).
The business meeting will be held on
May 3, 2005, in Kingman, Arizona, at
the Dambar and Steakhouse banquet
room located on 1960 E. Andy Devine
Avenue. It will begin at 9:30 a.m. and
conclude at 4:30 p.m. The agenda items
to be covered include: Review of the
January 25, 2005 Meeting Minutes; BLM
State Director’s Update on Statewide
Issues; Presentations on Federal Land
Recreation Enhancement Act,
Designated Off-Highway Vehicle Areas,
and Arizona Land Use Planning
Updates; RAC Questions on Written
Reports from BLM Field Managers;
Field Office Rangeland Resource Team
Proposals; Reports by the Standards and
Frm 00042
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Elaine Zielinski,
Arizona State Director.
[FR Doc. 05–7279 Filed 4–11–05; 8:45 am]
BILLING CODE 4310–32–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–503]
BILLING CODE 4310–22–P
PO 00000
Guidelines, Recreation, Off-Highway
Vehicle Use, Public Relations, Land Use
Planning and Tenure, and Wild Horse
and Burro Working Groups; Reports
from RAC members; and Discussion of
future meetings. A public comment
period will be provided at 11 a.m. on
May 3, 2005, for any interested publics
who wish to address the Council.
On May 4, the RAC will tour the Pine
Lake subdivision in the Hualapai
Mountains. BLM will highlight the fuel
reduction projects, thinning and
prescribed fire, it’s jointly conducting
with the Pine Lake Working Group to
protect the area from catastrophic
wildfires. The tour will be conducted
from approximately 8 a.m. to 1 p.m.
FOR FURTHER INFORMATION CONTACT:
Deborah Stevens, Bureau of Land
Management, Arizona State Office, 222
North Central Avenue, Phoenix, Arizona
85004–2203, (602) 417–9215.
Sfmt 4703
Certain Automated Mechanical
Transmission Systems for MediumDuty and Heavy-Duty Trucks and
Components Thereof; Termination of
Investigation; Issuance of a Limited
Exclusion Order and a Cease and
Desist Order
International Trade
Commission.
ACTION: Notice.
AGENCY:
SUMMARY: Notice is hereby given that
the U.S. International Trade
Commission has terminated the abovecaptioned investigation in which it has
found a violation of section 337 of the
Tariff Act of 1930 and has issued a
limited exclusion order and a cease and
desist order.
FOR FURTHER INFORMATION CONTACT:
Rodney Maze, Esq., Office of the
General Counsel, U.S. International
Trade 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
E:\FR\FM\12APN1.SGM
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Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices
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
patent-based section 337 investigation
was instituted by the Commission on
January 7, 2004, based on a complaint
filed by Eaton Corporation (‘‘Eaton’’) of
Cleveland, Ohio. 69 FR 937 (January 7,
2004). The complaint, as supplemented,
alleged violations of section 337 of the
Tariff Act of 1930 in the importation
into the United States, the sale for
importation, and the sale within the
United States after importation of
certain automated mechanical
transmission systems for medium-duty
and heavy-duty trucks, and components
thereof, by reason of infringement of
claim 15 of U.S. Patent No. 4,899,279
(‘‘the ’279 patent’’); claims 1–20 of U.S.
Patent No. 5,335,566 (‘‘the ’566 patent’’);
claims 2–4 and 6–16 of U.S. Patent No.
5,272,939 (‘‘the ’939 patent’’); claims 1–
13 of U.S. Patent No. 5,624,350 (‘‘the
’350 patent’’); claims 1, 3, 4, 6–9, 11, 13,
14, 16 and 17 of U.S. Patent No.
6,149,545 (‘‘the ’545 patent’’); and
claims 1–16 of U.S. Patent No. 6,066,071
(‘‘the ’071 patent’’).
The complaint and notice of
investigation named three respondents
ZF Meritor, LLC of Maxton, North
Carolina, ZF Friedrichshafen AG of
Freidrichshafen, Germany, and
ArvinMeritor, Inc. (‘‘ArvinMeritor’’) of
Troy, Michigan.
On July 21, 2004, the Commission
issued a notice that it had determined
not to review the ALJ’s initial
determination (‘‘ID’’) (Order No. 20)
terminating the investigation as to the
’071 patent and as to claims 2, 3, and
5–20 of the ’566 patent, claims 4, 7, and
12 of the ’350 patent, and claims 4, 8–
9, and 14 of the ’545 patent.
On August 11, 2004, the Commission
issued a notice that it had determined
not to review the ALJ’s ID (Order No.
31) terminating the investigation as to
the ’939 patent and as to claims 10, 11,
and 13 of the ’350 patent.
On August 16, 2004, the Commission
issued a notice that it had determined
not to review the ALJ’s ID (Order No.
28) that Eaton has satisfied the
economic prong of the domestic
industry requirement as to certain
articles it alleges practice the patents at
issue in this investigation.
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16:48 Apr 11, 2005
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On August 23, 2004, the Commission
issued a notice that it had determined
not to review the ALJ’s ID (Order No.
30) that Eaton did not meet the
technical prong of the domestic industry
requirement as to the remaining claims,
claims 1–3, 5, 6, 8, and 9, of the ’350
patent, thus terminating the
investigation as to that patent.
On September 17, 2004, the
Commission issued a notice that it had
determined not to review the ALJ’s ID
(Order No. 38) granting Eaton’s partial
summary determination that the
importation requirement has been met.
On September 23, 2004, the
Commission issued a notice that it had
determined not to review the ALJ’s ID
(Order No. 45) granting Eaton’s motion
for summary determination that it
satisfies the economic prong of the
domestic industry requirement of
section 337 as to its medium-duty
automated transmissions. The
Commission also issued a notice on
September 23, 2004, that it had
determined not to review ALJ’s ID
(Order No. 55) granting Eaton’s motion
for partial termination of the
investigation as to claim 1 of the ‘‘566
patent.
On January 7, 2005, the ALJ issued his
final ID on violation and his
recommended determination on remedy
and bonding. The ALJ found a violation
of section 337 by reason of infringement
of claim 15 of the ’279 patent by
respondents. He found no violation of
section 337 regarding the ’566 and the
’545 patents. Petitions for review were
filed by Eaton, the respondents, and the
Commission investigative attorney on
January 21, 2005. All parties filed
responses to the petitions on January 28,
2005.
On February 24, 2005, the
Commission issued a notice indicating
that it had determined not to review the
ALJ’s final ID on violation, thereby
finding a violation of section 337. The
Commission also invited the parties to
file written submissions regarding the
issues of remedy, the public interest and
bonding, and provided a schedule for
filing such submissions.
Having reviewed the record in this
investigation, including the parties’
written submissions and responses
thereto, the Commission determined
that the appropriate form of relief in this
investigation is a limited exclusion
order prohibiting the unlicensed entry
of automated mechanical transmission
systems for medium-duty and heavyduty trucks, and components thereof
covered by claim 15 of the ’279 patent.
The order covers automated mechanical
transmission systems for medium-duty
and heavy-duty trucks, and components
PO 00000
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Sfmt 4703
19095
thereof that are manufactured abroad by
or on behalf of, or imported by or on
behalf of the respondents, or any of their
affiliated companies, parents,
subsidiaries, or other related business
entities, or their successors or assigns.
The limited exclusion order does not
cover parts necessary to service
infringing automated mechanical
transmission systems installed on trucks
prior to the issuance of the order.
The Commission also determined to
issue a cease and desist order
prohibiting ArvinMeritor from
importing, selling, marketing,
advertising, distributing, offering for
sale, transferring (except for
exportation), and soliciting U.S. agents
or distributors for automated
mechanical transmission systems for
medium-duty and heavy-duty trucks,
and components thereof covered by
claim 15 of the ’279 patent.
The Commission further determined
that the public interest factors
enumerated in sections 337(d)(1) and
(f)(1), 19 U.S.C. 1337(d)(1) and (f)(1), do
not preclude issuance of either the
limited exclusion order or the cease and
desist order. In addition, the
Commission determined that the
amount of bond to permit temporary
importation during the Presidential
review period shall be in the amount of
100 percent of the entered value of the
imported articles. Finally, the
Commission determined to deny both
the complainant’s motion to strike and
the respondents’ motion for leave to file
a surreply. The Commission’s orders
and opinion in support thereof were
delivered to the President on the day of
their issuance.
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
section 210.50 of the Commission’s
Rules of Practice and Procedure (19 CFR
210.50).
Issued: April 7, 2005.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05–7298 Filed 4–11–05; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. TA–2103–1]
The Impact of Trade Agreements
Implemented Under Trade Promotion
Authority
United States International
Trade Commission.
AGENCY:
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]]>Agencies
[Federal Register Volume 70, Number 69 (Tuesday, April 12, 2005)]
[Notices]
[Pages 19094-19095]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7298]
=======================================================================
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-503]
Certain Automated Mechanical Transmission Systems for Medium-Duty
and Heavy-Duty Trucks and Components Thereof; Termination of
Investigation; Issuance of a Limited Exclusion Order and a Cease and
Desist Order
AGENCY: International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has terminated the above-captioned investigation in which it
has found a violation of section 337 of the Tariff Act of 1930 and has
issued a limited exclusion order and a cease and desist order.
FOR FURTHER INFORMATION CONTACT: Rodney Maze, Esq., Office of the
General Counsel, U.S. International Trade 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
[[Page 19095]]
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 patent-based section 337 investigation
was instituted by the Commission on January 7, 2004, based on a
complaint filed by Eaton Corporation (``Eaton'') of Cleveland, Ohio. 69
FR 937 (January 7, 2004). The complaint, as supplemented, alleged
violations of section 337 of the Tariff Act of 1930 in the importation
into the United States, the sale for importation, and the sale within
the United States after importation of certain automated mechanical
transmission systems for medium-duty and heavy-duty trucks, and
components thereof, by reason of infringement of claim 15 of U.S.
Patent No. 4,899,279 (``the '279 patent''); claims 1-20 of U.S. Patent
No. 5,335,566 (``the '566 patent''); claims 2-4 and 6-16 of U.S. Patent
No. 5,272,939 (``the '939 patent''); claims 1-13 of U.S. Patent No.
5,624,350 (``the '350 patent''); claims 1, 3, 4, 6-9, 11, 13, 14, 16
and 17 of U.S. Patent No. 6,149,545 (``the '545 patent''); and claims
1-16 of U.S. Patent No. 6,066,071 (``the '071 patent'').
The complaint and notice of investigation named three respondents
ZF Meritor, LLC of Maxton, North Carolina, ZF Friedrichshafen AG of
Freidrichshafen, Germany, and ArvinMeritor, Inc. (``ArvinMeritor'') of
Troy, Michigan.
On July 21, 2004, the Commission issued a notice that it had
determined not to review the ALJ's initial determination (``ID'')
(Order No. 20) terminating the investigation as to the '071 patent and
as to claims 2, 3, and 5-20 of the '566 patent, claims 4, 7, and 12 of
the '350 patent, and claims 4, 8-9, and 14 of the '545 patent.
On August 11, 2004, the Commission issued a notice that it had
determined not to review the ALJ's ID (Order No. 31) terminating the
investigation as to the '939 patent and as to claims 10, 11, and 13 of
the '350 patent.
On August 16, 2004, the Commission issued a notice that it had
determined not to review the ALJ's ID (Order No. 28) that Eaton has
satisfied the economic prong of the domestic industry requirement as to
certain articles it alleges practice the patents at issue in this
investigation.
On August 23, 2004, the Commission issued a notice that it had
determined not to review the ALJ's ID (Order No. 30) that Eaton did not
meet the technical prong of the domestic industry requirement as to the
remaining claims, claims 1-3, 5, 6, 8, and 9, of the '350 patent, thus
terminating the investigation as to that patent.
On September 17, 2004, the Commission issued a notice that it had
determined not to review the ALJ's ID (Order No. 38) granting Eaton's
partial summary determination that the importation requirement has been
met.
On September 23, 2004, the Commission issued a notice that it had
determined not to review the ALJ's ID (Order No. 45) granting Eaton's
motion for summary determination that it satisfies the economic prong
of the domestic industry requirement of section 337 as to its medium-
duty automated transmissions. The Commission also issued a notice on
September 23, 2004, that it had determined not to review ALJ's ID
(Order No. 55) granting Eaton's motion for partial termination of the
investigation as to claim 1 of the ``566 patent.
On January 7, 2005, the ALJ issued his final ID on violation and
his recommended determination on remedy and bonding. The ALJ found a
violation of section 337 by reason of infringement of claim 15 of the
'279 patent by respondents. He found no violation of section 337
regarding the '566 and the '545 patents. Petitions for review were
filed by Eaton, the respondents, and the Commission investigative
attorney on January 21, 2005. All parties filed responses to the
petitions on January 28, 2005.
On February 24, 2005, the Commission issued a notice indicating
that it had determined not to review the ALJ's final ID on violation,
thereby finding a violation of section 337. The Commission also invited
the parties to file written submissions regarding the issues of remedy,
the public interest and bonding, and provided a schedule for filing
such submissions.
Having reviewed the record in this investigation, including the
parties' written submissions and responses thereto, the Commission
determined that the appropriate form of relief in this investigation is
a limited exclusion order prohibiting the unlicensed entry of automated
mechanical transmission systems for medium-duty and heavy-duty trucks,
and components thereof covered by claim 15 of the '279 patent. The
order covers automated mechanical transmission systems for medium-duty
and heavy-duty trucks, and components thereof that are manufactured
abroad by or on behalf of, or imported by or on behalf of the
respondents, or any of their affiliated companies, parents,
subsidiaries, or other related business entities, or their successors
or assigns. The limited exclusion order does not cover parts necessary
to service infringing automated mechanical transmission systems
installed on trucks prior to the issuance of the order.
The Commission also determined to issue a cease and desist order
prohibiting ArvinMeritor from importing, selling, marketing,
advertising, distributing, offering for sale, transferring (except for
exportation), and soliciting U.S. agents or distributors for automated
mechanical transmission systems for medium-duty and heavy-duty trucks,
and components thereof covered by claim 15 of the '279 patent.
The Commission further determined that the public interest factors
enumerated in sections 337(d)(1) and (f)(1), 19 U.S.C. 1337(d)(1) and
(f)(1), do not preclude issuance of either the limited exclusion order
or the cease and desist order. In addition, the Commission determined
that the amount of bond to permit temporary importation during the
Presidential review period shall be in the amount of 100 percent of the
entered value of the imported articles. Finally, the Commission
determined to deny both the complainant's motion to strike and the
respondents' motion for leave to file a surreply. The Commission's
orders and opinion in support thereof were delivered to the President
on the day of their issuance.
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 section 210.50 of the Commission's Rules of Practice and Procedure
(19 CFR 210.50).
Issued: April 7, 2005.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-7298 Filed 4-11-05; 8:45 am]
BILLING CODE 7020-02-P
