In the Matter of Certain Restraining Systems for Transport Containers, Components Thereof, and Methods of Using Same; Notice of Investigation, 68865-68866 [E9-30756]
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Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Notices
Klickitat County
Homesteads of the Dalles Mountain Ranch
Historic District, 340 Dalles Mountain Rd.,
beginning approx. 2.8 mi. N. of WA 14 jct.,
Dallesport, 09001234
Pierce County
Blue Mouse Theatre, 2611 N. Proctor St.,
Tacoma, 09001235
Request for REMOVAL has been made for
the following resources:
Colorado
Denver County
Wheeler House, 1917 W. 32nd Ave., Denver,
00000105
Fremont County
Fourth Street Bridge, 4th St., Canon City,
85000207
[FR Doc. E9–30733 Filed 12–28–09; 8:45 am]
BILLING CODE P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–696]
In the Matter of Certain Restraining
Systems for Transport Containers,
Components Thereof, and Methods of
Using Same; Notice of Investigation
pwalker on DSK8KYBLC1PROD with NOTICES
AGENCY: U.S. International Trade
Commission.
ACTION: Institution of investigation
pursuant to 19 U.S.C. 1337.
SUMMARY: Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
November 24, 2009 under section 337 of
the Tariff Act of 1930, as amended,
19 U.S.C. 1337, on behalf of Matthew
Bullock of McLean, Virginia and Walnut
Industries, Inc. of Bensalem,
Pennsylvania. Supplements to the
complaint were filed on December 9 and
11, 2009. The complaint alleges
violations of section 337 based upon the
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
certain restraining systems for transport
containers and components thereof by
reason of (1) infringement of certain
claims of U.S. Patent Nos. 6,089,802;
6,227,779; and 6,981,827;
(2) infringement of U.S. Copyright
Registration Nos. TX–6–990–095 and
TX6–996–765; and (3) false advertising
and misrepresentation. The complaint
further alleges that an industry in the
United States exists as required by
subsections (a)(1)(A) and (a)(2) of
section 337.
The complainants request that the
Commission institute an investigation
and, after the investigation, issue an
VerDate Nov<24>2008
19:02 Dec 28, 2009
Jkt 220001
exclusion order and a cease and desist
order.
ADDRESSES: The complaint and
supplements, except for any
confidential information contained
therein, are 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., Room
112, Washington, DC 20436, telephone
202–205–2000. Hearing impaired
individuals are advised that information
on this matter can be obtained by
contacting the Commission’s TDD
terminal on 202–205–1810. Persons
with mobility impairments who will
need special assistance in gaining access
to the Commission should contact the
Office of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its Internet server at 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.
FOR FURTHER INFORMATION CONTACT:
Kecia J. Reynolds, Esq., Office of Unfair
Import Investigations, U.S. International
Trade Commission, telephone (202)
205–2580.
Authority: The authority for institution of
this investigation is contained in section 337
of the Tariff Act of 1930, as amended, and
in section 210.10 of the Commission’s Rules
of Practice and Procedure, 19 CFR 210.10
(2009).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
December 22, 2009, ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine:
(a) Whether there is a violation of
subsection (a)(1)(B) of section 337 in the
importation into the United States, the
sale for importation, or the sale within
the United States after importation of
certain restraining systems for transport
containers or components thereof that
infringe one or more of claims 1, 15, 16,
and 22 of U.S. Patent No. 6,089,802;
claims 1 and 7 of U.S. Patent No.
6,227,779; and claims 1, 5, 7, and 12 of
U.S. Patent No. 6,981,827, and whether
an industry in the United States exists
as required by subsection (a)(2) of
section 337;
(b) whether there is a violation of
subsection (a)(1)(B) of section 337 in the
importation into the United States, the
sale for importation, or the sale within
the United States after importation of
certain restraining systems for transport
containers or components thereof by
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
68865
reason of infringement of U.S. Copyright
Registration No. TX–6–990–095 or U.S.
Copyright Registration No. TX–6–996–
765, and whether an industry in the
United States exists as required by
subsection (a)(2) of section 337; and
(c) whether there is a violation of
subsection (a)(1)(A) of section 337 in the
importation into the United States, the
sale for importation, or the sale within
the United States after importation of
certain restraining systems for transport
containers or components thereof by
reason of false advertising and
misrepresentation, the threat or effect of
which is to destroy or substantially
injure an industry in the United States.
(2) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
this notice of investigation shall be
served:
(a) The complainants are:
Matthew Bullock, 6314 Georgetown
Pike, McLean, VA 22101,
Walnut Industries, Inc., 1356 Adams
Road, Bensalem, PA 19020.
(b) The respondent is the following
entity alleged to be in violation of
section 337, and is the party upon
which the complaint is to be served:
Qingdao Auront Industry & Trade Co.,
Ltd., Columbia Village, Shazikou,
Laoshan District, Qingdao 266102,
Shandong, China.
(c) The Commission investigative
attorney, party to this investigation, is
Kecia J. Reynolds, Esq., Office of Unfair
Import Investigations, U.S. International
Trade Commission, 500 E Street, SW.,
Suite 401, Washington, DC 20436; and
(3) For the investigation so instituted,
the Honorable Paul J. Luckern, Chief
Administrative Law Judge, U.S.
International Trade Commission, shall
designate the presiding Administrative
Law Judge.
Responses to the complaint and the
notice of investigation must be
submitted by the named respondent in
accordance with section 210.13 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.13. Pursuant to
19 CFR 201.16(d) and 210.13(a), such
responses will be considered by the
Commission if received not later than 20
days after the date of service by the
Commission of the complaint and the
notice of investigation. Extensions of
time for submitting responses to the
complaint and the notice of
investigation will not be granted unless
good cause therefor is shown.
Failure of the respondent to file a
timely response to each allegation in the
complaint and in this notice may be
deemed to constitute a waiver of the
right to appear and contest the
E:\FR\FM\29DEN1.SGM
29DEN1
68866
Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Notices
allegations of the complaint and this
notice, and to authorize the
administrative law judge and the
Commission, without further notice to
the respondent, to find the facts to be as
alleged in the complaint and this notice
and to enter an initial determination
and a final determination containing
such findings, and may result in the
issuance of an exclusion order or a cease
and desist order or both directed against
the respondent.
By order of the Commission.
Issued: December 22, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9–30756 Filed 12–28–09; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
pwalker on DSK8KYBLC1PROD with NOTICES
Notice of Lodging of the ‘‘Cinergy’’
Proposed Partial Consent Decree
under the Clean Air Act
Pursuant to 28 CFR 50.7, notice is
hereby given that on December 22, 2009,
a proposed partial Consent Decree
(‘‘Consent Decree’’) in United States of
America, et al. v. Cinergy Corporation,
et al., Civil Action No. 1:99–cv–01693–
LJM–JMS, was lodged with the United
States District Court for the Southern
District of Indiana.
In this civil enforcement action under
the Federal Clean Air Act (‘‘Act’’), PSI
Energy, Inc. (now Duke Energy Indiana
(‘‘Duke’’)), was found to have modified
Units 1 and 3 at the Gallagher
Generating Station (‘‘Gallagher’’) in New
Albany, Indiana in violation of the
sulfur dioxide (‘‘SO2’’) New Source
Review requirements of the Act. The
Consent Decree lodged with the Court
requires Duke to reduce SO2 emissions
from Gallagher Units 1 and 3,
culminating in the repowering or
shutdown of the units. The Decree
further requires substantial reductions
in SO2 emissions from Units 2 and 4 at
Gallagher. Other relief includes $6.25
million in environmental mitigation
projects and a $1.75 million civil
penalty. The States of Connecticut, New
Jersey, and New York have joined the
settlement as co-plaintiffs, as have two
citizens groups, Hoosier Environmental
Council and Ohio Environmental
Council.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
relating to the Consent Decree.
Comments should be addressed to the
Assistant Attorney General,
Environment and Natural Resources
Division, and either e-mailed to
VerDate Nov<24>2008
19:02 Dec 28, 2009
Jkt 220001
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 United
States of America, et al. v. Cinergy
Corporation, et al., D.J. Ref. 90–5–2–1–
06965.
The Consent Decree may be examined
at the Office of the United States
Attorney for the Southern District of
Indiana, located at 10 West Market
Street, Suite 2100, Indianapolis, Indiana
46204–3048; or at U.S. EPA Region 5, 77
W. Jackson Blvd., Chicago, Illinois
60604–4590. During the public
comment period, the Consent Decree
may also be examined on the following
Department of Justice Web site, https://
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 $17.75 (25 cents per
page reproduction cost) payable to the
U.S. Treasury.
Maureen M. Katz,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. E9–30723 Filed 12–28–09; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
Notice of Lodging of the ‘‘Cinergy’’
Proposed Partial Consent Decree
Under the Clean Air Act
Pursuant to 28 CFR 50.7, notice is
hereby given that on December 22, 2009,
a proposed partial Consent Decree
(‘‘Consent Decree’’) in United States of
America, et al. v. Cinergy Corporation,
et al., Civil Action No. 1:99–cv–01693–
LJM–JMS, was lodged with the United
States District Court for the Southern
District of Indiana.
In this civil enforcement action under
the Federal Clean Air Act (‘‘Act’’), PSI
Energy, Inc. (now Duke Energy Indiana
(‘‘Duke’’)), was found to have modified
Units 1 and 3 at the Gallagher
Generating Station (‘‘Gallagher’’) in New
Albany, Indiana in violation of the
sulfur dioxide (‘‘SO2’’) New Source
Review requirements of the Act. The
Consent Decree lodged with the Court
requires Duke to reduce SO2 emissions
from Gallagher Units 1 and 3,
culminating in the repowering or
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
shutdown of the units. The Decree
further requires substantial reductions
in SO2 emissions from Units 2 and 4 at
Gallagher. Other relief includes $6.25
million in environmental mitigation
projects and a $1.75 million civil
penalty. The States of Connecticut, New
Jersey, and New York have joined the
settlement as co-plaintiffs, as have two
citizens groups, Hoosier Environmental
Council and Ohio Environmental
Council.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
relating to the Consent Decree.
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 United
States of America, et al. v. Cinergy
Corporation, et al., D.J. Ref. 90–5–2–1–
06965.
The Consent Decree may be examined
at the Office of the United States
Attorney for the Southern District of
Indiana, located at 10 West Market
Street, Suite 2100, Indianapolis, Indiana
46204–3048; or at U.S. EPA Region 5, 77
W. Jackson Blvd., Chicago, Illinois
60604–4590. During the public
comment period, the Consent Decree
may also be examined on the following
Department of Justice Web site, https://
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 $17.75 (25 cents per
page reproduction cost) payable to the
U.S. Treasury.
Maureen M. Katz,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. E9–30634 Filed 12–28–09; 8:45 am]
BILLING CODE 4410–15–P
E:\FR\FM\29DEN1.SGM
29DEN1
]]>Agencies
[Federal Register Volume 74, Number 248 (Tuesday, December 29, 2009)]
[Notices]
[Pages 68865-68866]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30756]
=======================================================================
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-696]
In the Matter of Certain Restraining Systems for Transport
Containers, Components Thereof, and Methods of Using Same; Notice of
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on November 24, 2009 under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Matthew Bullock of McLean, Virginia and Walnut Industries, Inc. of
Bensalem, Pennsylvania. Supplements to the complaint were filed on
December 9 and 11, 2009. The complaint alleges violations of section
337 based upon the importation into the United States, the sale for
importation, and the sale within the United States after importation of
certain restraining systems for transport containers and components
thereof by reason of (1) infringement of certain claims of U.S. Patent
Nos. 6,089,802; 6,227,779; and 6,981,827; (2) infringement of U.S.
Copyright Registration Nos. TX-6-990-095 and TX6-996-765; and (3) false
advertising and misrepresentation. The complaint further alleges that
an industry in the United States exists as required by subsections
(a)(1)(A) and (a)(2) of section 337.
The complainants request that the Commission institute an
investigation and, after the investigation, issue an exclusion order
and a cease and desist order.
ADDRESSES: The complaint and supplements, except for any confidential
information contained therein, are 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., Room
112, Washington, DC 20436, telephone 202-205-2000. Hearing impaired
individuals are advised that information on this matter can be obtained
by contacting the Commission's TDD terminal on 202-205-1810. Persons
with mobility impairments who will need special assistance in gaining
access to the Commission should contact the Office of the Secretary at
202-205-2000. General information concerning the Commission may also be
obtained by accessing its Internet server at 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.
FOR FURTHER INFORMATION CONTACT: Kecia J. Reynolds, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2580.
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
and in section 210.10 of the Commission's Rules of Practice and
Procedure, 19 CFR 210.10 (2009).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on December 22, 2009, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine:
(a) Whether there is a violation of subsection (a)(1)(B) of section
337 in the importation into the United States, the sale for
importation, or the sale within the United States after importation of
certain restraining systems for transport containers or components
thereof that infringe one or more of claims 1, 15, 16, and 22 of U.S.
Patent No. 6,089,802; claims 1 and 7 of U.S. Patent No. 6,227,779; and
claims 1, 5, 7, and 12 of U.S. Patent No. 6,981,827, and whether an
industry in the United States exists as required by subsection (a)(2)
of section 337;
(b) whether there is a violation of subsection (a)(1)(B) of section
337 in the importation into the United States, the sale for
importation, or the sale within the United States after importation of
certain restraining systems for transport containers or components
thereof by reason of infringement of U.S. Copyright Registration No.
TX-6-990-095 or U.S. Copyright Registration No. TX-6-996-765, and
whether an industry in the United States exists as required by
subsection (a)(2) of section 337; and
(c) whether there is a violation of subsection (a)(1)(A) of section
337 in the importation into the United States, the sale for
importation, or the sale within the United States after importation of
certain restraining systems for transport containers or components
thereof by reason of false advertising and misrepresentation, the
threat or effect of which is to destroy or substantially injure an
industry in the United States.
(2) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainants are:
Matthew Bullock, 6314 Georgetown Pike, McLean, VA 22101,
Walnut Industries, Inc., 1356 Adams Road, Bensalem, PA 19020.
(b) The respondent is the following entity alleged to be in
violation of section 337, and is the party upon which the complaint is
to be served:
Qingdao Auront Industry & Trade Co., Ltd., Columbia Village, Shazikou,
Laoshan District, Qingdao 266102, Shandong, China.
(c) The Commission investigative attorney, party to this
investigation, is Kecia J. Reynolds, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
Suite 401, Washington, DC 20436; and
(3) For the investigation so instituted, the Honorable Paul J.
Luckern, Chief Administrative Law Judge, U.S. International Trade
Commission, shall designate the presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondent in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission of the complaint and the notice
of investigation. Extensions of time for submitting responses to the
complaint and the notice of investigation will not be granted unless
good cause therefor is shown.
Failure of the respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the
[[Page 68866]]
allegations of the complaint and this notice, and to authorize the
administrative law judge and the Commission, without further notice to
the respondent, to find the facts to be as alleged in the complaint and
this notice and to enter an initial determination and a final
determination containing such findings, and may result in the issuance
of an exclusion order or a cease and desist order or both directed
against the respondent.
By order of the Commission.
Issued: December 22, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-30756 Filed 12-28-09; 8:45 am]
BILLING CODE 7020-02-P
