In the Matter of Certain Composite Wear Components and Welding Products Containing Same; Notice of Commission Determination to Temporarily Rescind Its Limited Exclusion Order and Cease and Desist Order Entered on November 24, 2009 Pending Resolution of Federal Circuit Appeal, 4373-4374 [2011-1421]
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Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices
The meeting will be in the
Bureau of Land Management Butte Field
Office (106 North Parkmont) in Butte,
Montana.
ADDRESSES:
This 15member council advises the Secretary of
the Interior on a variety of management
issues associated with public land
management in Montana. During these
meetings the council will participate in/
discuss/act upon several topics,
including: An update from the
Mountain States Transmission Intertie
(MSTI) subgroup, and reports from the
Butte, Missoula and Dillon field offices.
All RAC meetings are open to the
public. The public may present written
comments to the RAC. Each formal RAC
meeting will also have time allocated for
hearing public comments. Depending on
the number of persons wishing to
comment and time available, the time
for individual oral comments may be
limited.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATON CONTACT:
David Abrams, Western Montana
Resource Advisory Council Coordinator,
Butte Field Office, 106 North Parkmont,
Butte, Montana 59701, telephone 406–
533–7617.
Richard M. Hotaling,
District Manager, Western Montana District.
[FR Doc. 2011–1443 Filed 1–24–11; 8:45 am]
BILLING CODE 4310–DN–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLNM930000 L12200000.PM0000]
Notice of Temporary Closure of Caves
With Significant Bat Resources on
Public Lands in New Mexico
Bureau of Land Management,
Interior.
ACTION: Notice of temporary closure.
AGENCY:
Notice is hereby given that a
temporary closure of caves and
abandoned mines (sites) with significant
bat resources is in effect on public lands
administered by the Bureau of Land
Management (BLM) New Mexico to
reduce the risk of mortality to bat
populations from white-nosed
syndrome.
SUMMARY:
This closure will be in effect
from January 25, 2011 and not to exceed
January 25, 2013.
FOR FURTHER INFORMATION CONTACT:
Roger Jaggers, BLM New Mexico State
Office Outdoor Recreation Planner, by
phone at (505) 954–2184 or by mail at
P.O. Box 27115, Santa Fe, New Mexico
87502–0115. Persons who use a
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DATES:
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telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
to contact the above individual during
normal business hours. The FIRS is
available 24 hours a day, seven days a
week, to leave a message or question
with the above individual. A reply
would be received during normal
business hours.
This
closure affects the following sites with
significant bat resources on lands
administered by the respective offices of
the BLM: Billy the Kid, Dry, Endless,
McKittrick, Rusty Hinge, Sand, Adobe,
and Yellowjacket caves administered by
the Carlsbad Field Office; Geronimo, U–
Bar and Lepto Splat caves administered
by Las Cruces District Office; Pronoun
Cave Complex administered by the Rio
Puerco Field Office; Bat Hole, Big-eared,
Corn Sinkhole, Crockett’s, Crystal,
Feather, Fly, Fort Stanton, Malpais
Madness, Smiley, Sun Spot, Torgac’s,
˜
Torgac’s Annex, Tres Ninos caves, and
Martin-Antelope Gyp Cave Complex
administered by the Roswell Field
Office, and Ladrone Cave administered
by the Socorro Field Office. Because of
the provisions of the Federal Cave
Resource Protection Act of 1988, legal
descriptions of these sites are not
presented in this notice. Additional
information on each affected site is
available at the respective BLM offices
listed above. In addition to the sites
identified above for immediate closure,
and under the same conditions and
stipulations, the BLM may target and
close other sites with significant bat
resources to public entry. Criteria and
rationale used to identify, select, and
close all sites is presented in the WhiteNose Syndrome Interagency Response
Plan for New Mexico (November 2010).
A copy of this response plan is available
to the public by contacting Roger
Jaggers, BLM New Mexico State Office
Outdoor Recreation Planner, by phone
at (505) 954–2184 or by mail at P.O. Box
27115, Santa Fe, New Mexico 87502–
0115. This temporary closure is
necessary to reduce the risk of mortality
to bat populations from the spread of
white-nosed syndrome, a disease
responsible for the mortality of over a
million hibernating bats in North
America. First observed in the State of
New York in 2006, the fungus
associated with white-nosed syndrome
has been documented as far west as
Oklahoma. Scientific data indicates that
fungal spores associated with the
disease may be spread inadvertently
among bat hibernation sites by humans,
their clothing, or caving gear.
SUPPLEMENTARY INFORMATION:
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4373
To inform the public, sites identified
for closure would be: (1) Signed and
posted in the local BLM office having
jurisdiction over the lands to which the
order applies; and (2) Posted at places
near or at the area to which the closure
applies and in such manner and
location as is reasonable to bring the
closure to the attention of users.
Under the authority of Section 303(a)
of the Federal Land Policy and
Management Act of 1976 (43 U.S.C.
1733(a), 43 CFR 8360.0–7, and 43 CFR
8364.1, the BLM will close the sites
identified above to physical entry. The
location and amount of public land
identified for closure is limited to each
site and those lands immediately
surrounding the point of entry.
Exemptions will be granted for persons
conducting search and rescue
operations; approved white-nosed
syndrome-related monitoring, research,
or surveys; underground abandoned
mine surveys and closures; and those
authorized for activities granted by
applicable mining laws. At a minimum,
the BLM offices will require
decontamination procedures to be
followed by all exempted parties.
Any person who violates the closure
order may be tried before a United
States Magistrate and fined no more
than $1,000, imprisoned for no more
than 12 months, or both. Such
violations may also be subject to the
enhanced fines provided for by 18
U.S.C. 3571.
Authority: 43 CFR 8364.1.
William Merhege,
Acting State Director.
[FR Doc. 2011–1451 Filed 1–24–11; 8:45 am]
BILLING CODE 4310–FB–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–644]
In the Matter of Certain Composite
Wear Components and Welding
Products Containing Same; Notice of
Commission Determination to
Temporarily Rescind Its Limited
Exclusion Order and Cease and Desist
Order Entered on November 24, 2009
Pending Resolution of Federal Circuit
Appeal
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to
temporarily rescind its exclusion order
SUMMARY:
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25JAN1
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4374
Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices
and cease and desist order entered on
November 24, 2009 against respondents
AIA Engineering Limited and Vega
Industries Ltd. (‘‘AIA’’) in the subject
investigation, pending resolution of the
validity of United States Patent No.
RE39,998 by the United States Court of
Appeals for the Federal Circuit.
FOR FURTHER INFORMATION CONTACT: Jia
Chen, Esq., Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
708–4737. 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 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 April 21, 2008, based on a complaint
filed by Magotteaux International S/A
and Magotteaux Inc. (‘‘Magotteaux’’). 73
FR 22431 (Apr. 25, 2008). The
complaint, as supplemented, alleged
violations of section 337 of the Tariff
Act of 1930 (19 U.S.C. 1337) in the
importation into the United States, the
sale for importation, or the sale within
the United States after importation of
certain composite wear components and
products containing the same that
infringe certain claims of U.S. Patent
No. RE39,998. The complaint named
Fonderie Acciaiere Rioale S.P.A.
(‘‘FAR’’) and AIA as respondents. FAR
was subsequently terminated from the
investigation on the basis of a settlement
agreement, leaving AIA as the remaining
respondent.
On November 24, 2009, the
Commission issued a limited exclusion
order and a cease and desist order
against AIA, who was found by the ALJ
to be in default. The limited exclusion
order prohibits the unlicensed entry for
consumption of composite wear
components and products containing
the same that are covered by one or
more of claims 12–13 and 16–21 of the
‘998 patent and that are manufactured
abroad by or on behalf of, or are
imported by or on behalf of, AIA or any
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18:40 Jan 24, 2011
Jkt 223001
of their affiliated companies, parents,
subsidiaries, or other related business
entities, or their successors or assigns.
74 FR 62814 (Dec. 1, 2009). The cease
and desist order covers products that
infringe claims 12–13 and 16–21 of the
‘998 patent and is directed to domestic
respondent Vega Industries and any of
its principals, stockholders, officers,
directors, employees, agents, licensees,
distributors, controlled and majority
owned business entities, successors, and
assigns. Id.
On September 3, 2010, the ‘998 patent
was declared invalid by the District
Court for the Middle District of
Tennessee in a declaratory judgment
action filed by AIA against Magotteaux.
On September 28, 2010, Magotteaux
noticed an appeal of the district court’s
decision to the Court of Appeals for the
Federal Circuit. On October 5, 2010,
AIA filed a petition under 19 U.S.C.
1337(k) and 19 CFR 210.76 asking the
Commission to rescind its November 24,
2009 exclusion order and cease and
desist order in light of the district
court’s holding invalidating the ‘998
patent. Complainant Magotteaux
opposed the petition on October 15,
2010 and requested that the
Commission hold a public hearing. The
Commission investigative attorney did
not file a formal response, but did
provide copies of certain Commission
opinions referenced by Magotteaux in
its opposition that were unavailable to
the parties via the Commission’s EDIS
database. On October 21, 2010,
Magotteaux filed a motion for leave to
supplement its October 15, 2010
response. On October 27, 2010, AIA
filed a motion for leave to file a reply
to Magotteaux’s response and
supplement response. On November 1,
2010, the Commission granted both
motions for leave. On November 11,
2010, Magotteaux moved for leave to file
a sur-reply in response to AIA’s Reply.
On November 19, 2010, AIA opposed
the motion. On November 29, 2009, the
Commission granted Magotteaux’s
motion for leave to file a sur-reply, but
indicated that no further briefing was
expected.
After consideration of the petition and
the responses and replies thereto, the
Commission has determined to
temporarily rescind its limited
exclusion order and cease and desist
order entered on November 24, 2009
against AIA pending resolution on
appeal of the district court’s decision by
the Federal Circuit. The Commission’s
remedial orders will become
permanently rescinded if the Federal
Circuit affirms the district court’s
judgment with respect to claims 12–13
and 16–21 of the ‘998 patent, i.e., the
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Fmt 4703
Sfmt 4703
claims covered by the Commission’s
remedial orders, and will be reinstated
if the Federal Circuit reverses the
district court’s judgment with respect to
those claims. The Commission has
determined to deny Magotteaux’s
request for a public hearing.
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(b) of the Commission’s
Rules of Practice and Procedure (19 CFR
210.76(b)).
By order of the Commission.
Issued: January 18, 2011.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2011–1421 Filed 1–24–11; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–742]
Certain Digital Televisions And
Components Thereof; Notice of
Commission Determination Not To
Review an Initial Determination
Granting Complainant’s Motion To
Amend the Complaint and Notice of
the Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review an initial determination (‘‘ID’’)
(Order No. 5) of the presiding
administrative law judge (‘‘ALJ’’)
granting complainant’s motion to amend
the complaint and notice of the
investigation.
FOR FURTHER INFORMATION CONTACT:
Michael Liberman, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone 202–
205–3152. Copies of the 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 Commission, 500 E
Street, SW., Washington, DC 20436,
telephone 202–205–2000. Hearingimpaired persons are advised that
information on this matter can be
obtained by contacting the
Commission’s TDD terminal on 202–
205–1810. General information
concerning the Commission may also be
obtained by accessing its Internet server
SUMMARY:
E:\FR\FM\25JAN1.SGM
25JAN1
Agencies
[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Notices]
[Pages 4373-4374]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1421]
=======================================================================
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-644]
In the Matter of Certain Composite Wear Components and Welding
Products Containing Same; Notice of Commission Determination to
Temporarily Rescind Its Limited Exclusion Order and Cease and Desist
Order Entered on November 24, 2009 Pending Resolution of Federal
Circuit Appeal
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to temporarily rescind its exclusion order
[[Page 4374]]
and cease and desist order entered on November 24, 2009 against
respondents AIA Engineering Limited and Vega Industries Ltd. (``AIA'')
in the subject investigation, pending resolution of the validity of
United States Patent No. RE39,998 by the United States Court of Appeals
for the Federal Circuit.
FOR FURTHER INFORMATION CONTACT: Jia Chen, Esq., Office of the General
Counsel, U.S. International Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202) 708-4737. 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
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 April 21, 2008, based on a complaint filed by Magotteaux
International S/A and Magotteaux Inc. (``Magotteaux''). 73 FR 22431
(Apr. 25, 2008). The complaint, as supplemented, alleged violations of
section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain composite
wear components and products containing the same that infringe certain
claims of U.S. Patent No. RE39,998. The complaint named Fonderie
Acciaiere Rioale S.P.A. (``FAR'') and AIA as respondents. FAR was
subsequently terminated from the investigation on the basis of a
settlement agreement, leaving AIA as the remaining respondent.
On November 24, 2009, the Commission issued a limited exclusion
order and a cease and desist order against AIA, who was found by the
ALJ to be in default. The limited exclusion order prohibits the
unlicensed entry for consumption of composite wear components and
products containing the same that are covered by one or more of claims
12-13 and 16-21 of the `998 patent and that are manufactured abroad by
or on behalf of, or are imported by or on behalf of, AIA or any of
their affiliated companies, parents, subsidiaries, or other related
business entities, or their successors or assigns. 74 FR 62814 (Dec. 1,
2009). The cease and desist order covers products that infringe claims
12-13 and 16-21 of the `998 patent and is directed to domestic
respondent Vega Industries and any of its principals, stockholders,
officers, directors, employees, agents, licensees, distributors,
controlled and majority owned business entities, successors, and
assigns. Id.
On September 3, 2010, the `998 patent was declared invalid by the
District Court for the Middle District of Tennessee in a declaratory
judgment action filed by AIA against Magotteaux. On September 28, 2010,
Magotteaux noticed an appeal of the district court's decision to the
Court of Appeals for the Federal Circuit. On October 5, 2010, AIA filed
a petition under 19 U.S.C. 1337(k) and 19 CFR 210.76 asking the
Commission to rescind its November 24, 2009 exclusion order and cease
and desist order in light of the district court's holding invalidating
the `998 patent. Complainant Magotteaux opposed the petition on October
15, 2010 and requested that the Commission hold a public hearing. The
Commission investigative attorney did not file a formal response, but
did provide copies of certain Commission opinions referenced by
Magotteaux in its opposition that were unavailable to the parties via
the Commission's EDIS database. On October 21, 2010, Magotteaux filed a
motion for leave to supplement its October 15, 2010 response. On
October 27, 2010, AIA filed a motion for leave to file a reply to
Magotteaux's response and supplement response. On November 1, 2010, the
Commission granted both motions for leave. On November 11, 2010,
Magotteaux moved for leave to file a sur-reply in response to AIA's
Reply. On November 19, 2010, AIA opposed the motion. On November 29,
2009, the Commission granted Magotteaux's motion for leave to file a
sur-reply, but indicated that no further briefing was expected.
After consideration of the petition and the responses and replies
thereto, the Commission has determined to temporarily rescind its
limited exclusion order and cease and desist order entered on November
24, 2009 against AIA pending resolution on appeal of the district
court's decision by the Federal Circuit. The Commission's remedial
orders will become permanently rescinded if the Federal Circuit affirms
the district court's judgment with respect to claims 12-13 and 16-21 of
the `998 patent, i.e., the claims covered by the Commission's remedial
orders, and will be reinstated if the Federal Circuit reverses the
district court's judgment with respect to those claims. The Commission
has determined to deny Magotteaux's request for a public hearing.
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(b) of the Commission's Rules of Practice and
Procedure (19 CFR 210.76(b)).
By order of the Commission.
Issued: January 18, 2011.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2011-1421 Filed 1-24-11; 8:45 am]
BILLING CODE 7020-02-P