Certain Pet Food Treats; Issuance of a Limited Exclusion Order Against a Respondent Found in Default; Termination of Investigation, 37110-37111 [05-12684]

Download as PDF 37110 Federal Register / Vol. 70, No. 123 / Tuesday, June 28, 2005 / Notices DEPARTMENT OF THE INTERIOR Bureau of Reclamation [FES 05–16] Central Valley Project Long-Term Water Service Contract Renewals— American River Division Bureau of Reclamation, Interior. ACTION: Notice of availability of the final environmental impact statement (FEIS). AGENCY: SUMMARY: Pursuant to the National Environmental Policy Act (NEPA) of 1969 (as amended) the Bureau of Reclamation (Reclamation), as lead Federal agency, has prepared a FEIS for the Central Valley Project Long-Term Water Service Contract Renewals— American River Division. The FEIS describes and presents the environmental effects of four alternatives, including no action, for renewal of water service contracts to American River Division contractors that include; the City of Roseville, East Bay Municipal District, El Dorado Irrigation District, Placer County Water Agency, Sacramento County Water Agency, Sacramento Municipal Utilities District, and San Juan Water District. A Notice of Availability of the Draft Environmental Impact Statement (DEIS) was published in the Federal Register on January 19, 2005 (70 FR 3066). The written comment period on the DEIS ended on March 21, 2005. The FEIS contains responses to all comments received and reflects comments and any additional information received during the review period. DATES: Reclamation will not make a decision on the proposed action until at least 30 days after release of the FEIS. At the end of the 30-day period, Reclamation will complete a Record of Decision (ROD). The ROD will state the action that will be implemented and will discuss all factors leading to the decision. ADDRESSES: Copies of the FEIS may be requested from Ms. Sammie Cervantes, Bureau of Reclamation, 2800 Cottage Way, Sacramento, CA 95825 or by calling 916–978–5104, TDD 916–978– 5608. See SUPPLEMENTARY INFORMATION section for locations where copies of the FEIS are available for public review. FOR FURTHER INFORMATION CONTACT: David Robinson, Environmental Specialist, Bureau of Reclamation, at 916–989–7179, TDD 916–989–7285. SUPPLEMENTARY INFORMATION: The FEIS addresses impacts related to renewal of long-term water service contracts delivering Central Valley Project water VerDate jul<14>2003 16:46 Jun 27, 2005 Jkt 205001 for irrigation and municipal and industrial uses to eight districts in the American River Division. The FEIS describes and analyzes the effects of contract renewals on fish resources, vegetation and wildlife, hydrology and water quality, recreation, visual and cultural resources, land use, geology and soils, traffic and circulation, air quality, noise, and hazards and hazardous materials. Copies of the FEIS are available for public review at the following locations: • Bureau of Reclamation, Denver Office Library, Building 67, Room 167, Denver Federal Center, 6th and Kipling, Denver, CO 80225, 303–445–2072; • Bureau of Reclamation, Office of Public Affairs, 2800 Cottage Way, Sacramento, CA 95825–1898, 916–978– 5100; • Bureau of Reclamation, Central California Area Office, 7794 Folsom Dam Road, Folsom, CA 95630, 916– 988–1707; • Natural Resources Library, U.S. Department of the Interior, 1849 C Street, NW., Main Interior Building, Washington, DC 20240–0001. Reclamation’s practice is to make comments including names and home addresses of respondents available for public review. Individual respondents may request that we withhold their home address from public disclosure, which will be honored to the extent allowable by law. There may be circumstances in which a respondent’s identity may also be withheld from public disclosure, as allowable by law. If you wish to have your name and/or address withheld, you must state this prominently at the beginning of your comment. 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 disclosure in their entirety. Dated: May 3, 2005. John F. Davis, Deputy Regional Director, Mid-Pacific Region. [FR Doc. 05–12765 Filed 6–27–05; 8:45 am] BILLING CODE 4310–MN–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–511] Certain Pet Food Treats; Issuance of a Limited Exclusion Order Against a Respondent Found in Default; Termination of Investigation U.S. International Trade Commission. AGENCY: PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has issued a limited exclusion order against a respondent found in default in the above-captioned investigation and has terminated the investigation. FOR FURTHER INFORMATION CONTACT: Michelle Walters, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 708–5468. 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 patent-based section 337 investigation was instituted by the Commission based on a complaint filed by complainants, Thomas J. Baumgartner and Hillbilly Smokehouse, Inc., both of Rogers, Arkansas. 69 FR 32044 (June 8, 2004). The complainants alleged violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain pet food treats by reason of infringement of United States Design Patent No. 383,886 (the ‘‘886 patent’’). The amended complaint named six respondents, including TsingTao ShengRong Seafood, Inc. of China (‘‘TsingTao China’’). The Commission has terminated the investigation as to the five other respondents based on findings of noninfringement, failure to prosecute, or settlement agreements. No petitions for review of the ALJ’s Initial Determinations (‘‘IDs’’) were filed. On August 19, 2004, complainants filed a motion for an order directed to several respondents, including TsingTao China, to show cause why they should not be found in default for failing to respond to the complaint and notice of investigation. TsingTao China did not file a response to complainants’ motion. On October 4, 2004, the ALJ issued an E:\FR\FM\28JNN1.SGM 28JNN1 Federal Register / Vol. 70, No. 123 / Tuesday, June 28, 2005 / Notices order (Order No. 6) requiring TsingTao China to show cause why it should not be found in default. TsingTao China did not respond to the show cause order. On November 10, 2004, the ALJ issued an ID (Order No. 8), which was not reviewed by the Commission, finding respondent TsingTao China in default. On November 22, 2004, the complainants filed a motion for immediate relief against TsingTao China based on the ‘886 patent. On April 13, 2005, the Commission issued a notice indicating (1) that it had determined not to review the ALJ’s ID granting the Commission investigative attorney’s (‘‘IA’’) motion for summary determination of no violation because of noninfringement of the ‘886 patent by Pet Center, Inc., and (2) that it was terminating the investigation as to the last respondent, Pet Center. 70 FR 20596 (April 20, 2005). The Commission also requested briefing on the issues of remedy, the public interest, and bonding relating to the default finding of unlawful importation and sale of infringing products by TsingTao China. Id. The IA submitted his brief on remedy, the public interest, and bonding and his proposed order on April 25, 2005. The complainants did not submit a brief or a proposed order and the respondent did not file a reply submission. The Commission found that each of the statutory requirements of section 337(g)(1)(A)–(E), 19 U.S.C. 1337(g)(1)(A)–(E), has been met with respect to defaulting respondent TsingTao China. Accordingly, pursuant to section 337(g)(1), 19 U.S.C. 1337(g)(1), and Commission rule 210.16(c) 19 CFR 210.16(c), the Commission presumed the facts alleged in the amended complaint to be true. The Commission determined that the appropriate form of relief in this investigation is a limited exclusion order prohibiting the unlicensed entry of pet food treats covered by the ‘886 patent that are manufactured abroad by or on behalf of, or imported by or on behalf of, TsingTao China or any of its affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns. The Commission further determined that the public interest factors enumerated in section 337(g)(1), 19 U.S.C. 1337(g)(1), do not preclude issuance of the limited exclusion order. Finally, 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 infringing imported pet food treats. The Commission’s order was VerDate jul<14>2003 16:46 Jun 27, 2005 Jkt 205001 delivered to the President on the day of its 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 210.16(c) of the Commission’s Rules of Practice and Procedure (19 CFR 210.16(c)). Issued: June 22, 2005. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 05–12684 Filed 6–27–05; 8:45 am] BILLING CODE 7020–02–P JUDICIAL CONFERENCE OF THE UNITED STATES Meeting of the Judicial Conference Advisory Committee on Rules of Bankruptcy Procedure Judicial Conference of the United States, Advisory Committee on Rules of Bankruptcy Procedure. ACTION: Notice of open meeting. AGENCY: SUMMARY: The Advisory Committee on Rules of Bankruptcy Procedure will hold a two-day meeting. The meeting will be open to public observation but not participation. DATES: August 3–4, 2005. Time: 8:30 a.m. to 5 p.m. ADDRESSES: Thurgood Marshall Federal Judiciary Building, Judicial Conference Center, One Columbus Circle, NE., Washington, DC. FOR FURTHER INFORMATION CONTACT: John K. Rabiej, Chief, Rules Committee Support Office, Administrative Office of the United States Courts, Washington, DC 20544, telephone (202) 502–1820. Dated: June 22, 2005. John K. Rabiej, Chief, Rules Committee Support Office. [FR Doc. 05–12686 Filed 6–27–05; 8:45 am] BILLING CODE 2210–55–M DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request April 20, 2005. The Department of Labor (DOL) has submitted the following public information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104–13, PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 37111 44 U.S.C. chapter 35). A copy of this ICR, with applicable supporting documentation, may be obtained by contacting the Darrin King on 202–693– 4129 (this is not a toll-free number) or e-mail: king.darrin@dol.gov. Comments should be sent to Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Employee Benefits Security Administration (EBSA), Office of Management and Budget, Room 10235, Washington, DC 20503, 202–395–7316 (this is not a toll-free number), within 30 days from the date of this publication in the Federal Register. The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Agency: Employee Benefits Security Administration. Type of Review: Extension of currently approved collection. Title: Prohibited Transaction Exemption 86–128. OMB Number: 1210–0059. Frequency: On occasion; quarterly; and annually. Type of Response: Third party disclosure. Affected Public: Business or other forprofit; not-for-profit institutions; and individuals or households. Number of Respondents: 4,724. Number of Annual Responses: 528,909. Estimated Time Per Response: Varies from 10 minutes to 1 and 1⁄4 hours. Total Burden Hours: 93,530. Total Annualized capital/startup costs: $0. Total Annual Costs (operating/ maintaining systems or purchasing services): $183,554. Description: Prohibited Transaction Class Exemption 86–128 permits persons who serve as fiduciaries for E:\FR\FM\28JNN1.SGM 28JNN1

Agencies

[Federal Register Volume 70, Number 123 (Tuesday, June 28, 2005)]
[Notices]
[Pages 37110-37111]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12684]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-511]


Certain Pet Food Treats; Issuance of a Limited Exclusion Order 
Against a Respondent Found in Default; 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 limited exclusion order against a respondent 
found in default in the above-captioned investigation and has 
terminated the investigation.

FOR FURTHER INFORMATION CONTACT: Michelle Walters, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-5468. 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 patent-based section 337 investigation 
was instituted by the Commission based on a complaint filed by 
complainants, Thomas J. Baumgartner and Hillbilly Smokehouse, Inc., 
both of Rogers, Arkansas. 69 FR 32044 (June 8, 2004). The complainants 
alleged violations of section 337 in the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain pet food treats by reason of infringement 
of United States Design Patent No. 383,886 (the ``886 patent''). The 
amended complaint named six respondents, including TsingTao ShengRong 
Seafood, Inc. of China (``TsingTao China''). The Commission has 
terminated the investigation as to the five other respondents based on 
findings of non-infringement, failure to prosecute, or settlement 
agreements. No petitions for review of the ALJ's Initial Determinations 
(``IDs'') were filed.
    On August 19, 2004, complainants filed a motion for an order 
directed to several respondents, including TsingTao China, to show 
cause why they should not be found in default for failing to respond to 
the complaint and notice of investigation. TsingTao China did not file 
a response to complainants' motion. On October 4, 2004, the ALJ issued 
an

[[Page 37111]]

order (Order No. 6) requiring TsingTao China to show cause why it 
should not be found in default. TsingTao China did not respond to the 
show cause order. On November 10, 2004, the ALJ issued an ID (Order No. 
8), which was not reviewed by the Commission, finding respondent 
TsingTao China in default. On November 22, 2004, the complainants filed 
a motion for immediate relief against TsingTao China based on the `886 
patent.
    On April 13, 2005, the Commission issued a notice indicating (1) 
that it had determined not to review the ALJ's ID granting the 
Commission investigative attorney's (``IA'') motion for summary 
determination of no violation because of noninfringement of the `886 
patent by Pet Center, Inc., and (2) that it was terminating the 
investigation as to the last respondent, Pet Center. 70 FR 20596 (April 
20, 2005). The Commission also requested briefing on the issues of 
remedy, the public interest, and bonding relating to the default 
finding of unlawful importation and sale of infringing products by 
TsingTao China. Id. The IA submitted his brief on remedy, the public 
interest, and bonding and his proposed order on April 25, 2005. The 
complainants did not submit a brief or a proposed order and the 
respondent did not file a reply submission.
    The Commission found that each of the statutory requirements of 
section 337(g)(1)(A)-(E), 19 U.S.C. 1337(g)(1)(A)-(E), has been met 
with respect to defaulting respondent TsingTao China. Accordingly, 
pursuant to section 337(g)(1), 19 U.S.C. 1337(g)(1), and Commission 
rule 210.16(c) 19 CFR 210.16(c), the Commission presumed the facts 
alleged in the amended complaint to be true. The Commission determined 
that the appropriate form of relief in this investigation is a limited 
exclusion order prohibiting the unlicensed entry of pet food treats 
covered by the `886 patent that are manufactured abroad by or on behalf 
of, or imported by or on behalf of, TsingTao China or any of its 
affiliated companies, parents, subsidiaries, or other related business 
entities, or their successors or assigns. The Commission further 
determined that the public interest factors enumerated in section 
337(g)(1), 19 U.S.C. 1337(g)(1), do not preclude issuance of the 
limited exclusion order. Finally, 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 infringing imported pet food treats. The Commission's 
order was delivered to the President on the day of its 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 210.16(c) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.16(c)).

    Issued: June 22, 2005.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-12684 Filed 6-27-05; 8:45 am]
BILLING CODE 7020-02-P
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