Notice of Lodging of Settlement Agreement Under the Comprehensive Environmental Response, Compensation and Liability Act and Chapter 11 of the United States Bankruptcy Code, 81311-81312 [2010-32378]
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Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices
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 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 November 15, 2007, based on a
complaint filed by Funai Electric Co.,
Ltd. of Japan and Funai Corporation of
Rutherford, New Jersey (collectively
‘‘Funai’’) against several respondents
including Vizio and AmTran. 72 FR
64240 (2007). The complaint alleged
violations of Section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, in the importation into the United
States, the sale for importation, and the
sale within the United States after
importation of certain digital television
products and certain products
containing same by reason of
infringement of one or more claims of
U.S. Patent Nos. 6,115,074 (‘‘the ‘074
patent’’) and 5,329,369.
On April 10, 2009, the Commission
terminated this investigation with a
finding of violation of Section 337 by
reason of infringement of claims 1, 5,
and 23 of the ‘074 patent. 74 FR 17511
(2009). The Commission issued a
limited exclusion order prohibiting
importation into the United States of
certain digital televisions and certain
products containing the same within the
scope of the investigation that are
covered by one or more of claims 1, 5,
and 23 of the ‘074 patent and that are
manufactured abroad by or on behalf of,
or imported by or on behalf of various
respondents in the above referenced
investigation, including Vizio, Inc.
(‘‘Vizio’’); AmTran Technology Co., Ltd.
(‘‘AmTran’’); Syntax-Brillian Corporation
(‘‘SBC’’); Taiwan Kolin Co., Ltd.;
Proview International Holdings, Ltd.;
Proview Technology (Shenzhen) Co.,
Ltd.; Proview Technology, Ltd.; TPV
Technology, Ltd. (‘‘TPV Technology’’);
TPV International (USA), Inc. (‘‘TPV
USA’’); Top Victory Electronics
(Taiwan) Co., Ltd. (‘‘Top Victory
Electronics’’); and Envision Peripherals,
Inc. (‘‘Envision’’). Cease-and-desist
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orders were issued against Vizio, TPV
USA, Envision, and SBC.
Respondents Vizio, AmTran, TPV
Technology, TPV USA, Top Victory
Electronics, and Envision appealed to
the United States Court of Appeals for
the Federal Circuit (‘‘Federal Circuit’’).
On May 26, 2010, the Federal Circuit
issued a decision reversing certain
Commission findings of infringement by
so-called ‘‘work-around’’ products and
ordering the Commission to take action
consistent with its opinion. See Vizio,
Inc. v. Int’l Trade Comm’n, 605 F.3d
1330 (Fed. Cir. 2010).
Shortly before the Federal Circuit
issued its opinion, respondents Vizio
and AmTran settled with complainant
Funai and moved to rescind the limited
exclusion order and cease-and-desist
orders with respect to these
respondents. On August 9, 2010, the
Commission rescinded the limited
exclusion order and the cease-and-desist
orders with respect to Vizio and
AmTran.1
The Federal Circuit issued its
mandate on October 28, 2010 sub nom.
TPV Technology v. U.S. International
Trade Commission. In accordance with
the Federal Circuit’s order, the
Commission has determined to modify
the limited exclusion order and the
cease-and-desist orders directed to the
activities of TPV USA and Envision.
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 210.76(a)(1) of the Commission’s
Rules of Practice and Procedure (19 CFR
210.76(a)(1)).
By order of the Commission.
Issued: December 21, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010–32412 Filed 12–23–10; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Settlement
Agreement Under the Comprehensive
Environmental Response,
Compensation and Liability Act and
Chapter 11 of the United States
Bankruptcy Code
Notice is hereby given that on
December 20, 2010, a proposed
Settlement Agreement (‘‘Agreement’’) in
In re Erving Industries, Inc., Case No.
09–30623 (Bankr. D. Mass), was lodged
1 The Commission has not modified the ceaseand-desist order directed to SBC because the
findings of infringement by SBC were not appealed
and therefore remain intact.
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81311
with the United States Bankruptcy
Court for the District of Massachusetts.
The Agreement was entered into by the
United States, on behalf of the United
States Environmental Protection Agency
(‘‘EPA’’) and the United States Army
Corps of Engineers (the ‘‘Corps’’), and
Erving Industries, Inc. (‘‘Debtor’’). The
Agreement relates to liabilities of the
Debtor under the Comprehensive
Environmental Response, Compensation
and Liability Act of 1980, 42 U.S.C.
9601 et seq. (‘‘CERCLA’’).
The Agreement provides that the Past
Response Cost Claim shall be allowed as
an unsecured claim in the amount of
$25,000, and paid as an unsecured
claim in accordance with the terms of
the Debtor’s plan of reorganization.
This Agreement does not preclude: (a)
Claims against the Debtor by the United
States under Section 107 of CERCLA, 42
U.S.C. 9607, for recovery of response
costs incurred after January 15, 2010
with respect to response actions taken at
Debtor-Owned Property, the Mill, and/
or the Birch Hill Dam Area including
such response actions taken to address
hazardous substances that have
migrated or that may migrate from such
Debtor-Owned Property, and/or the
Mill, including but not limited to the
Birch Hill Dam Area; and (b) Actions
against the Debtor by the United States
under CERCLA or RCRA seeking to
compel the performance of a removal
action, remedial action, corrective
action, closure or any other cleanup
action at Debtor-Owned Property, and/
or the Mill, including actions to address
hazardous substances that have
migrated, or that may migrate, from
such Debtor-Owned Property, and/or
the Mill, including but not limited to
the Birch Hill Dam Area. The Debtor
further agrees that such claims are not
discharged or impacted in any way by
the bankruptcy proceeding or
confirmation of plan of reorganization.
The United States has available to it all
avenues to pursue such enforcement
actions, and both parties reserve all
defenses and counterclaims, except
those provided under the Bankruptcy
Code.
Under the Agreement, the Debtor
must comply with all obligations under
the 2007 Consent Decree entered in
United States v. Baldwinville Products,
Inc., et.al. (C.A. No. 4:07–CV–40146) (D.
Mass.). These obligations are not
effected in any way by this bankruptcy
proceeding or confirmation of a plan of
reorganization.
Under the Agreement, the United
States covenants not to bring civil or
administrative actions against the
Debtor pursuant to Section 107 of
CERCLA relating to Past Response
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81312
Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices
Costs. This covenant not to sue is
conditioned upon the complete and
satisfactory performance by the Debtor
of its obligations under the Agreement.
The covenant not to sue applies only to
the Debtor and does not prevent the
United States from suing other persons.
Additionally, the covenant not to sue is
limited to Section 107 actions under
CERCLA related to Past Response Costs;
the United States reserves its rights to
all other claims against the Debtor. The
Debtor also covenants not to sue or to
assert any claims against the United
States with respect to Past Response
Costs.
For a period of 30 days from the date
of this publication, the Department of
Justice will receive comments relating to
the Agreement. 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, and should refer to In re Erving
Industries, Inc., Case No. 09–30623
(Bankr. D. Mass) and D.J. Ref. No. 90–
11–3–1728/2. A copy of the comments
should be sent to Catherine Adams
Fiske, Department of Justice,
Environmental Enforcement Section,
One Gateway Center, Suite 616,
Newton, MA 02458 or e-mailed to her
at addie.fiske@usdoj.gov.
The Agreement may be examined at
the Office of the United States Attorney,
District of Massachusetts, 595 Main St #
206, Worcester, MA 01608–2025. During
the public comment period, the
Agreement may also be examined on the
following Department of Justice website,
https://www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
Agreement 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 of the Agreement from
the Consent Decree Library, please
enclose a check in the amount of $2.75
(25 cents per page reproduction cost)
payable to the U.S. Treasury (if the
request is by fax or email, forward a
check to the Consent Decree library at
the address stated above).
Maureen Katz,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2010–32378 Filed 12–23–10; 8:45 am]
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DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms,
and Explosives
[OMB Number 1140–0028]
Agency Information Collection
Activities: Proposed Collection;
Comments Requested
30-Day Notice of Information
Collection Under Review: Inventories,
Licensed Explosives Importers,
Manufacturers, Dealers, and Permittees.
ACTION:
The Department of Justice (DOJ),
Bureau of Alcohol, Tobacco, Firearms,
and Explosives (ATF) will be submitting
the following information collection
request to the Office of Management and
Budget (OMB) for review and approval
in accordance with the Paperwork
Reduction Act of 1995. The proposed
information collection is published to
obtain comments from the public and
affected agencies. This proposed
information collection was previously
published in the Federal Register
Volume 75, Number 204, page 65381 on
October 22, 2010, allowing for a 60 day
comment period.
The purpose of this notice is to allow
for an additional 30 days for public
comment until January 26, 2011. This
process is conducted in accordance with
5 CFR 1320.10.
Written comments and/or suggestions
regarding the items contained in this
notice, especially the estimated public
burden and associated response time,
should be directed to The Office of
Management and Budget, Office of
Information and Regulatory Affairs,
Attention Department of Justice Desk
Officer, Washington, DC 20503.
Additionally, comments may be
submitted to OMB via facsimile to (202)
395–5806.
Written comments and suggestions
from the public and affected agencies
concerning the proposed collection of
information are encouraged. Your
comments should address one or more
of the following four points:
—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 agencies
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
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—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.
Overview of This Information
Collection
(1) Type of Information Collection:
Extension of a currently approved
collection.
(2) Title of the Form/Collection:
Inventories, Licensed Explosives
Importers, Manufacturers, Dealers, and
Permittees.
(3) Agency form number, if any, and
the applicable component of the
Department of Justice sponsoring the
collection: Form Number: ATF REC
5400/1. Bureau of Alcohol, Tobacco,
Firearms and Explosives.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Business or other forprofit. Other: none. Abstract: The
records show the explosive material
inventories of those persons engaged in
various activities within the explosive
industry and are used by the
government as initial figures from
which an audit trail can be developed
during the course of a compliance
inspection or criminal investigation.
Licensees and permittees shall keep
records on the business premises for
five years from the date a transaction
occurs or until discontinuance of
business or operations by licensees or
permittees.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: There will be an estimated
13,106 respondents, who will complete
the records within approximately 2
hours.
(6) An estimate of the total burden (in
hours) associated with the collection:
There are an estimated 26,212 total
burden hours associated with this
collection.
If additional information is required
contact: Lynn Murray, Department
Clearance Officer, United States
Department of Justice, Policy and
Planning Staff, Justice Management
Division, Two Constitution Square,
Room 2E–502, 145 N Street, NE.,
Washington, DC 20530.
E:\FR\FM\27DEN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Notices]
[Pages 81311-81312]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32378]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Settlement Agreement Under the Comprehensive
Environmental Response, Compensation and Liability Act and Chapter 11
of the United States Bankruptcy Code
Notice is hereby given that on December 20, 2010, a proposed
Settlement Agreement (``Agreement'') in In re Erving Industries, Inc.,
Case No. 09-30623 (Bankr. D. Mass), was lodged with the United States
Bankruptcy Court for the District of Massachusetts. The Agreement was
entered into by the United States, on behalf of the United States
Environmental Protection Agency (``EPA'') and the United States Army
Corps of Engineers (the ``Corps''), and Erving Industries, Inc.
(``Debtor''). The Agreement relates to liabilities of the Debtor under
the Comprehensive Environmental Response, Compensation and Liability
Act of 1980, 42 U.S.C. 9601 et seq. (``CERCLA'').
The Agreement provides that the Past Response Cost Claim shall be
allowed as an unsecured claim in the amount of $25,000, and paid as an
unsecured claim in accordance with the terms of the Debtor's plan of
reorganization.
This Agreement does not preclude: (a) Claims against the Debtor by
the United States under Section 107 of CERCLA, 42 U.S.C. 9607, for
recovery of response costs incurred after January 15, 2010 with respect
to response actions taken at Debtor-Owned Property, the Mill, and/or
the Birch Hill Dam Area including such response actions taken to
address hazardous substances that have migrated or that may migrate
from such Debtor-Owned Property, and/or the Mill, including but not
limited to the Birch Hill Dam Area; and (b) Actions against the Debtor
by the United States under CERCLA or RCRA seeking to compel the
performance of a removal action, remedial action, corrective action,
closure or any other cleanup action at Debtor-Owned Property, and/or
the Mill, including actions to address hazardous substances that have
migrated, or that may migrate, from such Debtor-Owned Property, and/or
the Mill, including but not limited to the Birch Hill Dam Area. The
Debtor further agrees that such claims are not discharged or impacted
in any way by the bankruptcy proceeding or confirmation of plan of
reorganization. The United States has available to it all avenues to
pursue such enforcement actions, and both parties reserve all defenses
and counterclaims, except those provided under the Bankruptcy Code.
Under the Agreement, the Debtor must comply with all obligations
under the 2007 Consent Decree entered in United States v. Baldwinville
Products, Inc., et.al. (C.A. No. 4:07-CV-40146) (D. Mass.). These
obligations are not effected in any way by this bankruptcy proceeding
or confirmation of a plan of reorganization.
Under the Agreement, the United States covenants not to bring civil
or administrative actions against the Debtor pursuant to Section 107 of
CERCLA relating to Past Response
[[Page 81312]]
Costs. This covenant not to sue is conditioned upon the complete and
satisfactory performance by the Debtor of its obligations under the
Agreement. The covenant not to sue applies only to the Debtor and does
not prevent the United States from suing other persons. Additionally,
the covenant not to sue is limited to Section 107 actions under CERCLA
related to Past Response Costs; the United States reserves its rights
to all other claims against the Debtor. The Debtor also covenants not
to sue or to assert any claims against the United States with respect
to Past Response Costs.
For a period of 30 days from the date of this publication, the
Department of Justice will receive comments relating to the Agreement.
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, and should refer to In re
Erving Industries, Inc., Case No. 09-30623 (Bankr. D. Mass) and D.J.
Ref. No. 90-11-3-1728/2. A copy of the comments should be sent to
Catherine Adams Fiske, Department of Justice, Environmental Enforcement
Section, One Gateway Center, Suite 616, Newton, MA 02458 or e-mailed to
her at addie.fiske@usdoj.gov.
The Agreement may be examined at the Office of the United States
Attorney, District of Massachusetts, 595 Main St 206,
Worcester, MA 01608-2025. During the public comment period, the
Agreement may also be examined on the following Department of Justice
website, https://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the
Agreement 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 of the Agreement from the
Consent Decree Library, please enclose a check in the amount of $2.75
(25 cents per page reproduction cost) payable to the U.S. Treasury (if
the request is by fax or email, forward a check to the Consent Decree
library at the address stated above).
Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2010-32378 Filed 12-23-10; 8:45 am]
BILLING CODE 4410-15-P
