In the Matter of Certain Laminated Floor Panels Certain Laminated Floor Panels; Notice of a Commission Determination Not To Review an Initial Determination Terminating Consolidated Enforcement and Advisory Opinion Proceeding on the Basis of a Settlement Agreement and Cross-License Agreement, 4760-4761 [E9-1702]

Download as PDF 4760 Federal Register / Vol. 74, No. 16 / Tuesday, January 27, 2009 / Notices NEBRASKA WASHINGTON Butler County St. Mary of the Assumption Catholic Church, School and Grottoes, 336 W. Pine St., Dwight, 08001132, LISTED, 12/04/08 King County Preston Community Clubhouse, 8625 310th Ave. SE., Preston, 08001186, LISTED, 12/ 04/08 Hamilton County WISCONSIN United Brethren Church, 1103 K St., Aurora, 08001133, LISTED, 12/03/08 Oconto County Citizens State Bank of Gillett, 137 E. Main St., Gillett, 08001159, LISTED, 12/04/08 Madison County First United Presbyterian Church, 104 E. 4th St., Madison, 08001134, LISTED, 12/03/08 [FR Doc. E9–1667 Filed 1–26–09; 8:45 am] BILLING CODE 4310–70–P NEW MEXICO Roosevelt County Courthouse Roosevelt County Courthouse, 100 W. 2nd St., Portales, 08001136, LISTED, 12/03/08 (New Deal in New Mexico MPS) NEW YORK Rockland County Piermont Railroad Station, 50 Ash St., Piermont, 08001146, LISTED, 12/03/08 OKLAHOMA Grady County Silver City Cemetery, 6/10th of a mile from Section line on S. side of section 22, T10N, R6W I.M., Tuttle vicinity, 08001149, LISTED, 12/04/08 Oklahoma County Kivlehen House, 525 N. Jackson St., Edmond, 08001150, LISTED, 12/04/08 Osage County Woolaroc Ranch Historic District, Eight mi. E. of the jct. of St. Hwys. 11 and 123, Barnsdall vicinity, 08001151, LISTED, 12/ 05/08 Tulsa County Mayo Building, 420 S. Main St., Tulsa, 08001152, LISTED, 12/04/08 Woodward County Woodward Theater, The, 818 Main, Woodward, 08001153, LISTED, 12/04/08 OREGON Multnomah County Bohnsen Cottages, 1918–1926 SW. Elm St. and 2412–2416 SW. Vista Ave., Portland, 08001182, LISTED, 12/04/08 UTAH Salt Lake County Best, Amanda Conk, House, 3622 S. 1100 E., Millcreek, 08001154, LISTED, 12/04/08 mstockstill on PROD1PC66 with NOTICES6 Salt Lake County Oquirrh School, 350 S. 400 E., Salt Lake City, 08001156, LISTED, 12/04/08 Uintah County Bank of Vernal, 3 W. Main St., Vernal, 08001155, LISTED, 12/04/08 (Vernal— Maeser, Utah MPS) VerDate Nov<24>2008 17:20 Jan 26, 2009 Jkt 217001 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–545 (Consolidated Enforcement and Advisory Opinion Proceeding)] In the Matter of Certain Laminated Floor Panels Certain Laminated Floor Panels; Notice of a Commission Determination Not To Review an Initial Determination Terminating Consolidated Enforcement and Advisory Opinion Proceeding on the Basis of a Settlement Agreement and Cross-License Agreement AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 38) of the presiding administrative law judge (‘‘ALJ’’) in the above-captioned proceeding terminating the proceeding on the basis of a settlement agreement and cross-license agreement. FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3041. 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 at http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted the underlying investigation on August 3, 2005, based on a complaint filed by Unilin Beheer B.V. of the Netherlands, Flooring Industries Ltd. of Ireland, and Unilin Flooring N.C., LLC of North Carolina (collectively ‘‘Unilin’’). 70 FR 44,694 (August 3, 2005). The complaint, as amended, 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 laminated floor panels by reason of infringement of one or more of claims 1, 14, 17, 19–21, 37, 52, 65, and 66 of U.S. Patent No. 6,006,486; claims 1, 2, 10, 13, 18, 19, 22–24, and 27 of U.S. Patent No. 6,490,836 (‘‘the ‘836 patent’’); claims 1– 6 of U.S. Patent No. 6,874,292 (‘‘the ‘292 patent’’); and claims 1, 5, 13, 17, 27 and 28 of U.S. Patent No. 6,928,779 (‘‘the ‘779 patent’’). On January 5, 2007, the Commission issued its final determination finding a violation of section 337 and infringement of claims 1, 2, 10, 18, and 23 of the ‘836 patent, claims 5 and 17 of the ‘779 patent, and claims 3 and 4 of the ‘292 patent. The Commission determined to issue a general exclusion order under 19 U.S.C. 1337(d)(2), as well as cease and desist orders to certain respondents. On July 31, 2008, the U.S. Court of Appeals for the Federal Circuit issued a decision in Yingbin-Nature (Guangdong) Wood Industry Co., Ltd. v. Int’l Trade Comm’n., 535 F.3d 1322 (Fed. Cir. 2008) affirming the Commission’s final determination on violation. Unilin filed a complaint on March 24, 2008, and a corrected complaint on April 30, 2008, requesting that the Commission institute a formal enforcement proceeding under Commission rule 210.75 to investigate violations of the general exclusion order. The complaint named as respondent Uniboard Canada, Inc. (Quebec, Canada) (‘‘Uniboard’’). On April 15, 2008, Uniboard filed a request for an advisory opinion that its products would not violate the general exclusion order. Uniboard requested that the advisory opinion proceeding be consolidated with the enforcement proceeding. On June 20, 2008, the Commission determined to consolidate the formal enforcement and advisory opinion proceedings and certify the consolidated proceedings to Judge Luckern. 73 FR. 36355 (June 25, 2008). On December 8, 2008, Unilin and Uniboard jointly moved, pursuant to E:\FR\FM\27JAN1.SGM 27JAN1 Federal Register / Vol. 74, No. 16 / Tuesday, January 27, 2009 / Notices Commission rule 210.21, to terminate the consolidated enforcement and advisory opinion proceeding in light of a settlement agreement and a crosslicense agreement between Unilin and Uniboard. The Commission investigative attorney filed a response in support of the motion. The ALJ issued the subject ID on December 29, 2008, granting the joint motion to terminate the proceeding. No petitions for review were filed and the Commission has determined not to review the subject ID. The consolidated enforcement and advisory opinion proceeding is terminated. This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and Commission rules 210.21, 210.42, 19 CFR 210.21, 210.42. By order of the Commission. Issued: January 21, 2009. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–1702 Filed 1–26–09; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE mstockstill on PROD1PC66 with NOTICES6 Notice of Lodging of Consent Decree Under the Clean Water Act Notice is hereby given that on January 7, 2009, a proposed Consent Decree in United States v. Citation Oil & Gas Corp. and Citation 1994 Investment Limited Partnership, Civil Action No. 09–CV–0003–B was lodged with the United States District Court for the District of Wyoming. In this action the United States seeks civil penalties and injunctive relief for violations of Sections 301(a) or, alternatively 311(b)(3), and Section 311(j) of the Clean Water Act (‘‘CWA’’), 33 U.S.C. 1311(a), or alternatively 1321(b)(3), and 1321(j), arising from the alleged unlawful discharge of approximately 597 barrels of crude oil and produced water into the North Fork Powder River and onto the banks adjacent to that river from Defendants’ Celler Ranch Unit in Johnson County, Wyoming. Further, the United States also seeks civil penalties and injunctive relief from Defendants’ alleged failure to prepare and fully implement an adequate Spill Prevention Control and Countermeasures Plan as required by 40 CFR Part 112. The settlement secures $280,000 in civil penalties and an estimated $580,000 in injunctive relief from Citation. Among other things, the injunctive relief requires Citation to: Update its facility inventory and facility VerDate Nov<24>2008 17:20 Jan 26, 2009 Jkt 217001 diagram; develop and implement an enhanced facility inspection, maintenance, and replacement plan; integrity test all buried flowlines that are not visually accessible for inspection; and bring the facility’s Spill Prevention Control and Countermeasures Plan into compliance with the applicable regulatory requirements. 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, Environment and Natural Resources Division, and either e-mailed to pubcommentees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United States v. Citation Oil & Gas Corp. and Citation 1994 Investment Limited Partnership, Civil Action No. 09–CV–0003–B, D.J. Ref. 90– 5–1–1–08867. The Consent Decree may be examined at the United States Attorneys Office for the District of Wyoming, 2120 Capitol Avenue—4th Floor, Cheyenne, Wyoming 82001 (USAO No. 06V100) and at U.S. EPA Region 8, 1595 Wynkoop Street, Denver, CO 80202– 1129. During the public comment period, the Consent Decree, may also be examined on the following Department of Justice Web site, follows http:// www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the Consent Decree 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 $11.00 (25 cents per page reproduction 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. In requesting a copy exclusive of exhibits and defendants’ signatures, please enclose a check in the amount of: $9.75 (25 cents per page reproduction cost) payable to the U.S. Treasury; $11.25, exhibits included. Robert Brook, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E9–1657 Filed 1–26–09; 8:45 am] BILLING CODE 4410–15–P PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 4761 DEPARTMENT OF JUSTICE Notice of Lodging of Stipulated Order for Preliminary Relief Under the Clean Water Act Notice is hereby given that on January 15, 2009, the United States Department of Justice, on behalf of the U.S. Environmental Protection Agency (‘‘EPA’’) and the People of the State of California ex. rel. California State Water Resources Control Board and California Regional Water Quality Control Board, San Francisco Region (the ‘‘State’’), lodged with the United States District Court for the Northern District of California a stipulated order for preliminary relief with defendant East Bay Municipal Utility District (‘‘EBMUD’’) in the case of United States et al. v. East Bay Municipal Utility District (cv–09–0186). On the same day, the United States and the State filed a Complaint pursuant to the federal Clean Water Act, 33 U.S.C. 1319 and California Water Code Sections 13376, 13385 and 13386. Under the stipulated order, EBMUD shall perform various studies and take a number of interim steps aimed at the ultimate cessation of discharges from its three wet weather facilities. These facilities discharge partially treated sewage into the San Francisco Bay when wet weather flows exceed the capacity of EBMUD’s treatment plant. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the stipulated order. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to the stipulated order between the United States, the State of California and EBMUD, DOJ Ref. No. 90–5–1–1–09361. The proposed stipulated order may be examined at the office of the United States Attorney, 450 Golden Gate Ave., 11th Floor, San Francisco, CA 94102 and at EPA’s office, 75 Hawthorne Street, San Francisco, CA 94105. During the public comment period, the Settlement Agreement may also be examined on the following Department of Justice Web site, http:// www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the Settlement Agreement may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, D.C. 20044–7611 or by faxing or e-mailing a E:\FR\FM\27JAN1.SGM 27JAN1

Agencies

[Federal Register Volume 74, Number 16 (Tuesday, January 27, 2009)]
[Notices]
[Pages 4760-4761]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1702]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-545 (Consolidated Enforcement and Advisory 
Opinion Proceeding)]


 In the Matter of Certain Laminated Floor Panels Certain 
Laminated Floor Panels; Notice of a Commission Determination Not To 
Review an Initial Determination Terminating Consolidated Enforcement 
and Advisory Opinion Proceeding on the Basis of a Settlement Agreement 
and Cross-License Agreement

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 38) of the presiding administrative law judge 
(``ALJ'') in the above-captioned proceeding terminating the proceeding 
on the basis of a settlement agreement and cross-license agreement.

FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3041. 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 at 
http://www.usitc.gov. The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at http://
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 the underlying 
investigation on August 3, 2005, based on a complaint filed by Unilin 
Beheer B.V. of the Netherlands, Flooring Industries Ltd. of Ireland, 
and Unilin Flooring N.C., LLC of North Carolina (collectively 
``Unilin''). 70 FR 44,694 (August 3, 2005). The complaint, as amended, 
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 laminated floor panels by reason of 
infringement of one or more of claims 1, 14, 17, 19-21, 37, 52, 65, and 
66 of U.S. Patent No. 6,006,486; claims 1, 2, 10, 13, 18, 19, 22-24, 
and 27 of U.S. Patent No. 6,490,836 (``the `836 patent''); claims 1-6 
of U.S. Patent No. 6,874,292 (``the `292 patent''); and claims 1, 5, 
13, 17, 27 and 28 of U.S. Patent No. 6,928,779 (``the `779 patent'').
    On January 5, 2007, the Commission issued its final determination 
finding a violation of section 337 and infringement of claims 1, 2, 10, 
18, and 23 of the `836 patent, claims 5 and 17 of the `779 patent, and 
claims 3 and 4 of the `292 patent. The Commission determined to issue a 
general exclusion order under 19 U.S.C. 1337(d)(2), as well as cease 
and desist orders to certain respondents. On July 31, 2008, the U.S. 
Court of Appeals for the Federal Circuit issued a decision in Yingbin-
Nature (Guangdong) Wood Industry Co., Ltd. v. Int'l Trade Comm'n., 535 
F.3d 1322 (Fed. Cir. 2008) affirming the Commission's final 
determination on violation.
    Unilin filed a complaint on March 24, 2008, and a corrected 
complaint on April 30, 2008, requesting that the Commission institute a 
formal enforcement proceeding under Commission rule 210.75 to 
investigate violations of the general exclusion order. The complaint 
named as respondent Uniboard Canada, Inc. (Quebec, Canada) 
(``Uniboard''). On April 15, 2008, Uniboard filed a request for an 
advisory opinion that its products would not violate the general 
exclusion order. Uniboard requested that the advisory opinion 
proceeding be consolidated with the enforcement proceeding. On June 20, 
2008, the Commission determined to consolidate the formal enforcement 
and advisory opinion proceedings and certify the consolidated 
proceedings to Judge Luckern. 73 FR. 36355 (June 25, 2008).
    On December 8, 2008, Unilin and Uniboard jointly moved, pursuant to

[[Page 4761]]

Commission rule 210.21, to terminate the consolidated enforcement and 
advisory opinion proceeding in light of a settlement agreement and a 
cross-license agreement between Unilin and Uniboard. The Commission 
investigative attorney filed a response in support of the motion.
    The ALJ issued the subject ID on December 29, 2008, granting the 
joint motion to terminate the proceeding. No petitions for review were 
filed and the Commission has determined not to review the subject ID. 
The consolidated enforcement and advisory opinion proceeding is 
terminated.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, and Commission rules 
210.21, 210.42, 19 CFR 210.21, 210.42.

    By order of the Commission.
    Issued: January 21, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E9-1702 Filed 1-26-09; 8:45 am]
BILLING CODE 7020-02-P