Notice of Lodging of Consent Decree Under the Clean Air Act, 12134 [2011-4936]

Download as PDF jlentini on DSKJ8SOYB1PROD with NOTICES 12134 Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Notices 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 underlying investigation was instituted on May 7, 2007, based on a complaint filed by Global Locate, Inc., a subsidiary of Broadcom Corporation (collectively, ‘‘Broadcom’’). 72 FR 25777 (2007). The complaint alleged violations 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 GPS devices and products containing the same by reason of infringement of various claims of U.S. Patents. The complaint in the underlying investigation named various respondents. On January 15, 2009, the Commission found a violation of section 337 by the respondents by reason of infringement of all asserted patents. The Commission issued a limited exclusion order and cease-and-desist orders against the respondents. Respondents subsequently appealed the Commission’s final determination to the United States Court of Appeals for Federal Circuit (‘‘Federal Circuit’’). In a precedential opinion issued April 12, 2010, the Federal Circuit affirmed the Commission’s Final Determination in all respects. On August 16, 2010, the Commission instituted modification proceedings based on a petition seeking modification of the Commission’s remedial orders filed by the respondents. On December 7, 2010, the Commission also instituted enforcement proceedings based on an enforcement complaint filed by Broadcom. On January 14, 2011, Broadcom and the respondents filed joint motions to terminate these proceedings based on a settlement agreement. On January 27, 2011, the Commission investigative attorney supported the joint motions for termination. On January 28, the ALJ granted the joint motions to terminate these proceedings and issued the subject IDs. VerDate Mar<15>2010 20:26 Mar 03, 2011 Jkt 223001 No petitions for review of the IDs were filed. The Commission has determined not to review the subject IDs. 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 210.42 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42). Issued: February 28, 2011. By order of the Commission. William R. Bishop, Hearings and Meetings Coordiator. [FR Doc. 2011–4849 Filed 3–3–11; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Clean Air Act Notice is hereby given that on February 28, 2011, a proposed consent decree (‘‘proposed Decree’’) in United States v. Powertrain, Inc., et al., Civil Action No. 1:09–cv–00993, was lodged with the United States District Court for the District of Columbia. In this action under Sections 203, 204, 205, 207, 208, and 213 of the Clean Air Act,, 42 U.S.C. 7522, 7523, 7524, 7541, and 7547, and the regulations promulgated thereunder at 40 CFR Part 90, the United States’ complaint alleges that Defendants Powertrain, Inc., Wood Sales Co., Inc., and Tool Mart, Inc. imported, or caused the importation of, and sold or otherwise introduced into commerce, engines that were not covered by EPA certificates of conformity, lacked legally sufficient emissions-control labels, and lacked sufficient emissions-related warranties; and failed to maintain required records and fully respond to an EPA Information Request. The proposed Decree requires Defendants to jointly pay a $2 million civil penalty to the United States and perform the following injunctive measures: Export or destroy noncompliant engines in Defendants’ inventory; implement a Corporate Compliance Plan, with enhanced inspection and emissions testing requirements; and mitigate past excess emissions with one or more emissions offset programs. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the proposed Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 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 v. Powertrain Inc., et al., D.J. Ref. 90–5–2–1–09332. During the public comment period, the proposed Decree may be examined on the following Department of Justice Web site: https://www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the proposed 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 $13.75 (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. Maureen Katz, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2011–4936 Filed 3–3–11; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Drug Enforcement Administration Importer of Controlled Substances; Notice of Application Correction In notice document 2011–3945 appearing on pages 10067–10068 in the issue of Wednesday, February 23, 2011, make the following correction: On page 10068, in the first column, in the third paragraph after the table, in the eighth and ninth lines, ‘‘[insert date 30 days from date of publication]’’ should read ‘‘March 25, 2011.’’ [FR Doc. C1–2011–3945 Filed 3–3–11; 8:45 am] BILLING CODE 1505–01–D MILLENNIUM CHALLENGE CORPORATION [MCC FR 11–02] Notice of the March 23, 2011 Millennium Challenge Corporation Board of Directors Meeting; Sunshine Act Meeting Millennium Challenge Corporation. AGENCY: E:\FR\FM\04MRN1.SGM 04MRN1

Agencies

[Federal Register Volume 76, Number 43 (Friday, March 4, 2011)]
[Notices]
[Page 12134]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4936]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Notice is hereby given that on February 28, 2011, a proposed 
consent decree (``proposed Decree'') in United States v. Powertrain, 
Inc., et al., Civil Action No. 1:09-cv-00993, was lodged with the 
United States District Court for the District of Columbia.
    In this action under Sections 203, 204, 205, 207, 208, and 213 of 
the Clean Air Act,, 42 U.S.C. 7522, 7523, 7524, 7541, and 7547, and the 
regulations promulgated thereunder at 40 CFR Part 90, the United 
States' complaint alleges that Defendants Powertrain, Inc., Wood Sales 
Co., Inc., and Tool Mart, Inc. imported, or caused the importation of, 
and sold or otherwise introduced into commerce, engines that were not 
covered by EPA certificates of conformity, lacked legally sufficient 
emissions-control labels, and lacked sufficient emissions-related 
warranties; and failed to maintain required records and fully respond 
to an EPA Information Request.
    The proposed Decree requires Defendants to jointly pay a $2 million 
civil penalty to the United States and perform the following injunctive 
measures: Export or destroy noncompliant engines in Defendants' 
inventory; implement a Corporate Compliance Plan, with enhanced 
inspection and emissions testing requirements; and mitigate past excess 
emissions with one or more emissions offset programs.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed 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 v. Powertrain Inc., et al., D.J. Ref. 90-5-2-1-09332.
    During the public comment period, the proposed Decree may be 
examined on the following Department of Justice Web site: https://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the proposed 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 $13.75 (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.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2011-4936 Filed 3-3-11; 8:45 am]
BILLING CODE 4410-15-P
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