Notice of Lodging of Consent Decree Under The Clean Air Act, 59425-59426 [2011-24604]
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Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Notices
agency; the accuracy of the agency’s
burden estimates; ways to enhance the
quality, utility and clarity of the
information collection; and ways to
minimize the information collection
burden on respondents, such as use of
automated means of collection of the
information, to the following address.
Please refer to the appropriate OMB
control number in all correspondence.
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment, including your
personal identifying information, may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Dated: September 20, 2011.
Stephen M. Sheffield,
Acting Chief, Division of Regulatory Support.
[FR Doc. 2011–24534 Filed 9–23–11; 8:45 am]
BILLING CODE 4310–05–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–712]
In the Matter of Certain Digital Set-Top
Boxes and Components Thereof;
Notice of Commission Determination
to Grant Respondent’S Petition For
Reconsideration of the Commission
Decision Not to Review a Final Initial
Determination Finding a Violation of
Section 337; Termination of the
Investigation With a Finding of No
Violation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission (Athe Commission@) has
determined to reconsider its decision
not to review the final initial
determination (AID@) issued by the
presiding administrative law judge
(AALJ@) on May 20, 2011, in the abovecaptioned investigation, and, on review,
to find no violation of section 337 and
terminate the investigation.
FOR FURTHER INFORMATION CONTACT: Jean
H. Jackson, Esq., Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
205–3104. Copies of non-confidential
documents filed in connection with this
investigation are or will be available for
inspection during official business
jlentini on DSK4TPTVN1PROD with NOTICES
SUMMARY:
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17:37 Sep 23, 2011
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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: This
investigation was instituted on April 21,
2010, based on a complaint filed by
Verizon Communications Inc. and
Verizon Services Corp. (collectively,
AVerizon@), alleging a violation of
section 337 in the importation, sale for
importation, and sale within the United
States after importation of certain digital
set-top boxes and components thereof,
that infringe one or more of claim 14 of
U.S. Patent No. 5,635,979; claim 38 of
U.S. Patent No. 5,666,293; claim 13 of
U.S. Patent No. 6,381,748 (‘‘the ’748
patent’’); claim 14 of U.S. Patent No.
6,367,078; and claim 5 of U.S. Patent
No. 7,561,214. 75 FR. 20861 (2010).
Complainant named Cablevision
Systems Corp. of Bethpage, New York
(ACablevision@) as the only respondent.
Id.
On May 20, 2011, the ALJ issued his
final ID finding a violation of section
337. Specifically, the ALJ found that a
violation of section 337 has occurred in
the importation into the United States,
the sale for importation, or the sale
within the United States after
importation of certain digital set-top
boxes and components thereof that
infringe claim 13 of the >748 patent. On
July 21, 2011, the Commission
determined not to review the ALJ’s final
ID, and requested that the parties file
written submissions on the issues of
remedy, the public interest, and
bonding. See Notice of Commission
Determination Not To Review a Final
Initial Determination (Dated July 21,
2011). The parties filed timely opening
and responsive submissions.
On August 8, 2011, respondent
Cablevision filed a petition for
reconsideration of the Commission’s
determination not to review the ALJ’s
finding of a violation of section 337
based on infringement of claim 13 of the
>748 patent. Respondent sought
reconsideration of the Commission’s
determination based on the August 2,
2011, entry of final judgment by the U.S.
District Court for the Eastern District of
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59425
Virginia in ActiveVideo Networks, Inc.
v. Verizon Commc’ns Inc., No. 2:10-cv248 (E.D. Va.) and the previous ruling in
that action that claim 13 of the >748
patent is invalid. Complainant Verizon
filed an opposition to respondent’s
petition, whereas the Commission
investigative attorney filed a response
supporting respondent’s petition.
Having examined the record in this
investigation, the Commission has
determined to grant respondent’s
petition for reconsideration and waive
its requirement that any petition for
reconsideration be filed within 14 days
of the action taken. Accordingly, the
Commission has determined to review
the ALJ’s final ID and, on review, to find
that there is no violation of section 337
in this investigation based on the
preclusive effects of the district court’s
finding of invalidity. The investigation
is terminated. A Commission opinion in
support of this determination will be
issued shortly.
The authority for this action is
contained in section 337 of the Tariff
Act of 1930, as amended (19 U.S.C.
1337), and in sections 201. 4 and
210.45–50 of the Commission’s Rules of
Practice and Procedure (19 CFR 201.4,
210.45–50).
By order of the Commission.
Issued: September 20, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011–24576 Filed 9–23–11; 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
September 12, 2011, a proposed Consent
Decree in United States et al. v. J.L.
French LLC et al., Civil Action No. 2:11–
CV–00860, was lodged with the United
States District Court for the Eastern
District of Wisconsin.
The Consent Decree would resolve
claims for injunctive relief and the
assessment of civil penalties asserted by
the United States and the
Commonwealth of Kentucky
(collectively, ‘‘Plaintiffs’’) against J.L.
French LLC and a related corporate
entity Nelson Metal Products LLC
(collectively, ‘‘Defendants’’) pursuant to
Sections 113(b) and 304(a)(1) of the
Clean Air Act, 42 U.S.C. 7413(b) and
7604(a)(1).
Defendants process aluminum scrap
and dross to produce various secondary
aluminum products, a process that
results in emissions of regulated air
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jlentini on DSK4TPTVN1PROD with NOTICES
59426
Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Notices
pollutants, including dioxins and
furans, hydrogen chloride, particulate
matter, and hydrocarbons. The
Plaintiffs’ complaint, filed concurrently
with the Consent Decree, alleges that
Defendants violated Section 112 of the
Clean Air Act, 42 U.S.C. 7412; the
National Emission Standards for
Hazardous Air Pollutants (‘‘NESHAP’’)
for Secondary Aluminum Production,
codified at 40 CFR part 63, Subparts A
and RRR; and related provisions of
Kentucky law at three of its aluminum
production facilities. Specifically, the
complaint alleges that Defendant failed
to demonstrate compliance with
emission standards through valid
performance testing, to design and
install adequate capture and collection
systems, to correctly establish and
monitor operating parameters, and to
comply with recordkeeping and
reporting requirements.
The Consent Decree would require
Defendants to retest emission units
using model test protocols, adopt new
monitoring practices, correct
deficiencies in recordkeeping and
reporting documents, shut down certain
emission units, and apply for new
operating permits at its facilities. The
Consent Decree would also provide for
an $80,000 civil penalty, with $50,000
paid to the United States and $30,000
paid to the Commonwealth of Kentucky,
based on a limited ability to pay as
determined by the United States’ review
of Defendant’s financial information.
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 et al. v. J.L. French LLC, et al., D.J.
Ref. No. 90–5–2–1–08881/1.
The Consent Decree may be examined
at the United States Environmental
Protection Agency, Ariel Rios Building,
1200 Pennsylvania Avenue, NW.,
Washington, DC 20460. 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
VerDate Mar<15>2010
17:37 Sep 23, 2011
Jkt 223001
confirmation number (202) 514–1547. In
requesting a copy from the Consent
Decree Library, please enclose a check
in the amount of $16.00 for a copy of
the complete Consent Decree (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 Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2011–24604 Filed 9–23–11; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF LABOR
Employee Benefits Security
Administration
Exemptions From Certain Prohibited
Transaction Restrictions
Employee Benefits Security
Administration, Labor.
ACTION: Grant of Individual Exemptions.
AGENCY:
This document contains
exemptions issued by the Department of
Labor (the Department) from certain of
the prohibited transaction restrictions of
the Employee Retirement Income
Security Act of 1974 (ERISA or the Act)
and/or the Internal Revenue Code of
1986 (the Code). This notice includes
the following: [D–11513, 2011–18
Northern Trust Corporation; D–11576,
2011–19 Bank of America, NA et al.;
and D–11659, 2011–20 Pacific Capital
Bancorp Amended and Restated
Incentive and Investment and Salary
Savings Plan (the Plan).
SUPPLEMENTARY INFORMATION: A notice
was published in the Federal Register of
the pendency before the Department of
a proposal to grant such exemption. The
notice set forth a summary of facts and
representations contained in the
application for exemption and referred
interested persons to the application for
a complete statement of the facts and
representations. The application has
been available for public inspection at
the Department in Washington, DC. The
notice also invited interested persons to
submit comments on the requested
exemption to the Department. In
addition the notice stated that any
interested person might submit a
written request that a public hearing be
held (where appropriate). The applicant
has represented that it has complied
with the requirements of the notification
to interested persons. No requests for a
hearing were received by the
Department. Public comments were
SUMMARY:
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Fmt 4703
Sfmt 4703
received by the Department as described
in the granted exemption.
The notice of proposed exemption
was issued and the exemption is being
granted solely by the Department
because, effective December 31, 1978,
section 102 of Reorganization Plan No.
4 of 1978, 5 U.S.C. App. 1 (1996),
transferred the authority of the Secretary
of the Treasury to issue exemptions of
the type proposed to the Secretary of
Labor.
Statutory Findings
In accordance with section 408(a) of
the Act and/or section 4975(c)(2) of the
Code and the procedures set forth in 29
CFR Part 2570, Subpart B (55 FR 32836,
32847, August 10, 1990) and based upon
the entire record, the Department makes
the following findings:
(a) The exemption is administratively
feasible;
(b) The exemption is in the interests
of the plan and its participants and
beneficiaries; and
(c) The exemption is protective of the
rights of the participants and
beneficiaries of the plan.
Northern Trust Corporation Located in
Chicago, IL
[Prohibited Transaction Exemption
2011–18; Exemption Application No. D–
11513]
Exemption
Section I. Transactions
The restrictions of section
406(a)(1)(A) and (D) and section
406(b)(1) and (2) of ERISA and the
sanctions resulting from the application
of section 4975 of the Code, by reason
of section 4975(c)(1)(A), (D), and (E) of
the Code, shall not apply, effective
October 31, 2008, to the sale (the Sale)
by a Plan (as defined in Section III(e))
of an Auction Rate Security (ARS, as
defined in Section III(c)) to Northern
Trust Corporation or an affiliate thereof
(Northern), if the conditions of Section
II are met.1
Section II. Conditions
(a) The Plan acquired the ARS in
connection with brokerage or advisory
services provided by Northern to the
Plan;
(b) The last auction for the ARS was
unsuccessful;
(c) The Sale is made pursuant to a
written offer by Northern (the Offer)
containing all of the material terms of
the Sale, in which the Plan would have
1 For purposes of this exemption, references to
section 406 of ERISA should be read to refer also
to the corresponding provisions of section 4975 of
the Code.
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]]>Agencies
[Federal Register Volume 76, Number 186 (Monday, September 26, 2011)]
[Notices]
[Pages 59425-59426]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24604]
=======================================================================
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under The Clean Air Act
Notice is hereby given that on September 12, 2011, a proposed
Consent Decree in United States et al. v. J.L. French LLC et al., Civil
Action No. 2:11-CV-00860, was lodged with the United States District
Court for the Eastern District of Wisconsin.
The Consent Decree would resolve claims for injunctive relief and
the assessment of civil penalties asserted by the United States and the
Commonwealth of Kentucky (collectively, ``Plaintiffs'') against J.L.
French LLC and a related corporate entity Nelson Metal Products LLC
(collectively, ``Defendants'') pursuant to Sections 113(b) and
304(a)(1) of the Clean Air Act, 42 U.S.C. 7413(b) and 7604(a)(1).
Defendants process aluminum scrap and dross to produce various
secondary aluminum products, a process that results in emissions of
regulated air
[[Page 59426]]
pollutants, including dioxins and furans, hydrogen chloride,
particulate matter, and hydrocarbons. The Plaintiffs' complaint, filed
concurrently with the Consent Decree, alleges that Defendants violated
Section 112 of the Clean Air Act, 42 U.S.C. 7412; the National Emission
Standards for Hazardous Air Pollutants (``NESHAP'') for Secondary
Aluminum Production, codified at 40 CFR part 63, Subparts A and RRR;
and related provisions of Kentucky law at three of its aluminum
production facilities. Specifically, the complaint alleges that
Defendant failed to demonstrate compliance with emission standards
through valid performance testing, to design and install adequate
capture and collection systems, to correctly establish and monitor
operating parameters, and to comply with recordkeeping and reporting
requirements.
The Consent Decree would require Defendants to retest emission
units using model test protocols, adopt new monitoring practices,
correct deficiencies in recordkeeping and reporting documents, shut
down certain emission units, and apply for new operating permits at its
facilities. The Consent Decree would also provide for an $80,000 civil
penalty, with $50,000 paid to the United States and $30,000 paid to the
Commonwealth of Kentucky, based on a limited ability to pay as
determined by the United States' review of Defendant's financial
information.
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 et al. v. J.L. French LLC, et al., D.J. Ref. No. 90-5-2-
1-08881/1.
The Consent Decree may be examined at the United States
Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460. 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 $16.00
for a copy of the complete Consent Decree (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 Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2011-24604 Filed 9-23-11; 8:45 am]
BILLING CODE 4410-15-P
