In the Matter of Certain Zero-Mercury-Added Alkaline Batteries, Parts Thereof, and Products Containing Same; Notice of Commission Decision To Terminate Remanded Investigation With a Finding of No Violation, 9358-9359 [E7-3583]
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rmajette on PROD1PC67 with NOTICES
9358
Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Notices
response to its notice of institution (71
FR 64294, November 1, 2006) of the
subject five-year reviews were adequate.
Accordingly, the Commission
determined that it would conduct full
reviews pursuant to section 751(c)(5) of
the Act (72 FR 6746, February 13, 2007).
A record of the Commissioners’ votes,
the Commission’s statement on
adequacy, and any individual
Commissioner’s statements are available
from the Office of the Secretary and at
the Commission’s Web site.
Participation in the reviews and
public service list.—Persons, including
industrial users of the subject
merchandise and, if the merchandise is
sold at the retail level, representative
consumer organizations, wishing to
participate in these reviews as parties
must file an entry of appearance with
the Secretary to the Commission, as
provided in section 201.11 of the
Commission’s rules, by 45 days after
publication of this notice. A party that
filed a notice of appearance following
publication of the Commission’s notice
of institution of the reviews need not
file an additional notice of appearance.
The Secretary will maintain a public
service list containing the names and
addresses of all persons, or their
representatives, who are parties to the
reviews.
Limited disclosure of business
proprietary information (BPI) under an
administrative protective order (APO)
and BPI service list.—Pursuant to
section 207.7(a) of the Commission’s
rules, the Secretary will make BPI
gathered in these reviews available to
authorized applicants under the APO
issued in the reviews, provided that the
application is made by 45 days after
publication of this notice. Authorized
applicants must represent interested
parties, as defined by 19 U.S.C. 1677(9),
who are parties to the reviews. A party
granted access to BPI following
publication of the Commission’s notice
of institution of the reviews need not
reapply for such access. A separate
service list will be maintained by the
Secretary for those parties authorized to
receive BPI under the APO.
Staff report.—The prehearing staff
report in these reviews will be placed in
the nonpublic record on July 9, 2007,
and a public version will be issued
thereafter, pursuant to section 207.64 of
the Commission’s rules.
Hearing.—The Commission will hold
a hearing in connection with the
reviews beginning at 9:30 a.m. on July
26, 2007, at the U.S. International Trade
Commission Building. Requests to
appear at the hearing should be filed in
writing with the Secretary to the
Commission on or before July 18, 2007.
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A nonparty who has testimony that may
aid the Commission’s deliberations may
request permission to present a short
statement at the hearing. All parties and
nonparties desiring to appear at the
hearing and make oral presentations
should attend a prehearing conference
to be held at 9:30 a.m. on July 23, 2007,
at the U.S. International Trade
Commission Building. Oral testimony
and written materials to be submitted at
the public hearing are governed by
sections 201.6(b)(2), 201.13(f), 207.24,
and 207.66 of the Commission’s rules.
Parties must submit any request to
present a portion of their hearing
testimony in camera no later than 7
business days prior to the date of the
hearing.
Written submissions.—Each party to
the reviews may submit a prehearing
brief to the Commission. Prehearing
briefs must conform with the provisions
of section 207.65 of the Commission’s
rules; the deadline for filing is July 18,
2007. Parties may also file written
testimony in connection with their
presentation at the hearing, as provided
in section 207.24 of the Commission’s
rules, and posthearing briefs, which
must conform with the provisions of
section 207.67 of the Commission’s
rules. The deadline for filing
posthearing briefs is August 21, 2007;
witness testimony must be filed no later
than three days before the hearing. In
addition, any person who has not
entered an appearance as a party to the
reviews may submit a written statement
of information pertinent to the subject of
the reviews on or before August 21,
2007. On September 24, 2007, the
Commission will make available to
parties all information on which they
have not had an opportunity to
comment. Parties may submit final
comments on this information on or
before September 26, 2007, but such
final comments must not contain new
factual information and must otherwise
comply with section 207.68 of the
Commission’s rules. All written
submissions must conform with the
provisions of section 201.8 of the
Commission’s rules; any submissions
that contain BPI must also conform with
the requirements of sections 201.6,
207.3, and 207.7 of the Commission’s
rules. The Commission’s rules do not
authorize filing of submissions with the
Secretary by facsimile or electronic
means, except to the extent permitted by
section 201.8 of the Commission’s rules,
as amended, 67 FR 68036 (November 8,
2002). Even where electronic filing of a
document is permitted, certain
documents must also be filed in paper
form, as specified in II (C) of the
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Commission’s Handbook on Electronic
Filing Procedures, 67 FR 68168, 68173
(November 8, 2002).
Additional written submissions to the
Commission, including requests
pursuant to section 201.12 of the
Commission’s rules, shall not be
accepted unless good cause is shown for
accepting such submissions, or unless
the submission is pursuant to a specific
request by a Commissioner or
Commission staff.
In accordance with sections 201.16(c)
and 207.3 of the Commission’s rules,
each document filed by a party to the
reviews must be served on all other
parties to the reviews (as identified by
either the public or BPI service list), and
a certificate of service must be timely
filed. The Secretary will not accept a
document for filing without a certificate
of service.
Authority: These reviews are being
conducted under authority of title VII of the
Tariff Act of 1930; this notice is published
pursuant to section 207.62 of the
Commission’s rules.
Issued: February 23, 2007.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7–3542 Filed 2–28–07; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–493 (Remand)]
In the Matter of Certain Zero-MercuryAdded Alkaline Batteries, Parts
Thereof, and Products Containing
Same; Notice of Commission Decision
To Terminate Remanded Investigation
With a Finding of No Violation
International Trade
Commission.
ACTION: Notice.
AGENCY:
SUMMARY: Notice is hereby given that
the U.S. International Trade
Commission has determined to
terminate the above-captioned
remanded investigation with a finding
of no violation of section 337.
FOR FURTHER INFORMATION CONTACT:
Christal Sheppard, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
708–2301. Copies of the ALJ’s ID and all
other 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
E:\FR\FM\01MRN1.SGM
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Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Notices
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.
The
Commission instituted this investigation
on June 2, 2003, based on a complaint
filed by Energizer Holdings, Inc. and
Eveready Battery Company, Inc.
(collectively, ‘‘EBC’’), both of St. Louis,
Missouri. 68 FR 32771 (June 2, 2003).
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 zero-mercury-added alkaline
batteries, parts thereof, and products
containing same by reason of
infringement of claims 1–12 of U.S.
Patent No. 5,464,709 (‘‘the ’709 patent’’).
The complaint and notice of
investigation named 26 respondents and
were later amended to include an
additional firm as a respondent. The
investigation has been terminated as to
claims 8–12 of the ’709 patent. Several
respondents have been terminated from
the investigation for various reasons.
On October 1, 2004, the Commission
issued notice in the original
investigation that it had determined to
terminate the investigation with a
finding of no violation of section 337 on
the basis that the asserted claims of the
’709 patent were invalid for
indefiniteness. EBC appealed the
Commission’s final determination to the
U.S. Court of Appeals for the Federal
Circuit (‘‘Federal Circuit’’). On January
25, 2006, the Federal Circuit issued its
decision in the appeal, reversing the
Commission’s final determination and
remanding the investigation to the
Commission. Energizer Holdings, Inc. v.
International Trade Commission, 435
F.3d 1366 (Fed. Cir. 2006). The Federal
Circuit issued its mandate on March 20,
2006. On April 14, 2006, the
Commission issued an order directing
all parties to the investigation to provide
comments on how this investigation
should proceed, including comments on
whether and to what extent the
investigation should be remanded to the
ALJ.
rmajette on PROD1PC67 with NOTICES
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
15:01 Feb 28, 2007
Jkt 211001
Having considered the record in this
investigation, including the comments
received pursuant to the Commission’s
order of April 14, 2006, the Commission
has determined to terminate this
investigation with a finding of no
violation of section 337. Specifically,
the Commission has determined that the
asserted claims are invalid for failure to
meet the written description
requirement and that, if valid, they are
not infringed by respondents’ products.
Vice Chairman Aranoff and
Commissioner Lane dissented from the
Commission’s final determination.
This action is taken under the
authority of section 337 of the Tariff Act
of 1930, as amended (19 U.S.C. 1337),
and sections 210.41–.51 of the
Commission’s Rules of Practice and
Procedure (19 CFR 210.41–.51).
Issued: February 23, 2007.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7–3583 Filed 2–28–07; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Stipulation and
Order Pursuant to Safe Drinking Water
Act and Resource Recovery and
Conservation Act
Notice is hereby given that on
February 12, 2007, a proposed
settlement in United States v. Martin
Ain, Civil No. 04–2912, has been lodged
with the United States District Court for
the Eastern District of New York.
In this action, the United States sued
Ain for violations of the Safe Drinking
Water Act (‘‘SDWA’’), 42 U.S.C. 300h, et
seq., and the Solid Waste Disposal Act,
as amended by the Resource
Conservation and Recovery Act and the
Hazardous and Solid Waste
Amendments of 1984 (‘‘RCRA’’), 42
U.S.C. 6901 et seq., in connection with
the injection of fluids into wells on a
property located at 257/259 Main Street,
Town of Hempstead, New York, the
failure to determine if contaminated
soils and sludges were hazardous wastes
and the failure to respond adequately to
U.S. Environmental Protection Agency
information requests. Ain has come into
compliance with SDWA and RCRA. The
settlement requires Ain to pay a civil
penalty of $80,000.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
relating to the settlement. Comments
should be addressed to the Assistant
Attorney General, Environmental and
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Fmt 4703
Sfmt 4703
9359
Natural Resources Division, P.O. Box
7611, U.S. Department of Justice,
Washington, DC 20044–7611, and
should refer to U.S. v. Martin Ain, D.J.
Ref. 90–5–1–1–07662.
The settlement may be examined at
the Office of the United States Attorney,
Eastern District of New York, 610
Federal Plaza, Central Islip, New York
11722, and at the Region II Office of the
U.S. Environmental Protection Agency,
Region II Records Center, 290
Broadway, 17th Floor, New York, NY
10007–1866. During the public
comment period, the settlement may
also be examined on the following
Department of Justice Web site: https://
www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
settlement may also be obtained by mail
from the Consent Decree Library, P.O.
Box 7611, U.S. Department of Justice,
Washington, DC 20044–7611 or by
faxing or e-mailing a request to Tonia
Fleetwood (tonia.fleetwood@usdoj.gov),
fax no. (202) 514–0097, phone
confirmation number (202) 514–1547. In
requesting a copy from the Consent
Decree Library, please enclose a check
in the amount of $2.00 (25 cents per
page production cost) payable to the
U.S. Treasury or, if by e-mail or fax,
forward a check in that amount to the
Consent Decree Library at the stated
address.
Ronald Gluck,
Assistant Chief, Environmental Enforcement
Section, Environmental and Natural
Resources Division.
[FR Doc. 07–908 Filed 2–28–07; 8:45 am]
BILLING CODE 4410–15–M
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the
Comprehensive Environmental
Response, Compensation and Liability
Act
Notice is hereby given that on
February 20, 2007, a Consent Decree in
United States of America v. FMC
Corporation, Civil Action No. 05–5663,
was lodged with the United States
District Court for the Eastern District of
Pennsylvania.
The proposed consent decree with
FMC Corporation (‘‘FMC’’) resolves the
claims of the United States on behalf of
EPA against FMC for past response costs
under Section 107(a) of the
Comprehensive Environmental
Response, Compensation, and Liability
Act (‘‘CERCLA’’), 42 U.S.C. 9607(a), in
connection with the East Tenth Street
Superfund Site (‘‘Site’’) in Marcus Hook,
Delaware County, Pennsylvania.
E:\FR\FM\01MRN1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 40 (Thursday, March 1, 2007)]
[Notices]
[Pages 9358-9359]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3583]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-493 (Remand)]
In the Matter of Certain Zero-Mercury-Added Alkaline Batteries,
Parts Thereof, and Products Containing Same; Notice of Commission
Decision To Terminate Remanded Investigation With a Finding of No
Violation
AGENCY: International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to terminate the above-captioned remanded
investigation with a finding of no violation of section 337.
FOR FURTHER INFORMATION CONTACT: Christal Sheppard, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 708-2301. Copies of the
ALJ's ID and all other 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
[[Page 9359]]
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: The Commission instituted this investigation
on June 2, 2003, based on a complaint filed by Energizer Holdings, Inc.
and Eveready Battery Company, Inc. (collectively, ``EBC''), both of St.
Louis, Missouri. 68 FR 32771 (June 2, 2003). 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 zero-mercury-added alkaline batteries, parts thereof, and
products containing same by reason of infringement of claims 1-12 of
U.S. Patent No. 5,464,709 (``the '709 patent''). The complaint and
notice of investigation named 26 respondents and were later amended to
include an additional firm as a respondent. The investigation has been
terminated as to claims 8-12 of the '709 patent. Several respondents
have been terminated from the investigation for various reasons.
On October 1, 2004, the Commission issued notice in the original
investigation that it had determined to terminate the investigation
with a finding of no violation of section 337 on the basis that the
asserted claims of the '709 patent were invalid for indefiniteness. EBC
appealed the Commission's final determination to the U.S. Court of
Appeals for the Federal Circuit (``Federal Circuit''). On January 25,
2006, the Federal Circuit issued its decision in the appeal, reversing
the Commission's final determination and remanding the investigation to
the Commission. Energizer Holdings, Inc. v. International Trade
Commission, 435 F.3d 1366 (Fed. Cir. 2006). The Federal Circuit issued
its mandate on March 20, 2006. On April 14, 2006, the Commission issued
an order directing all parties to the investigation to provide comments
on how this investigation should proceed, including comments on whether
and to what extent the investigation should be remanded to the ALJ.
Having considered the record in this investigation, including the
comments received pursuant to the Commission's order of April 14, 2006,
the Commission has determined to terminate this investigation with a
finding of no violation of section 337. Specifically, the Commission
has determined that the asserted claims are invalid for failure to meet
the written description requirement and that, if valid, they are not
infringed by respondents' products. Vice Chairman Aranoff and
Commissioner Lane dissented from the Commission's final determination.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, as amended (19 U.S.C. 1337), and sections
210.41-.51 of the Commission's Rules of Practice and Procedure (19 CFR
210.41-.51).
Issued: February 23, 2007.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-3583 Filed 2-28-07; 8:45 am]
BILLING CODE 7020-02-P
