Certain Electronic Paper Towel Dispensing Devices and Components Thereof; Issuance of General Exclusion Order and Cease and Desist Orders; Termination of Investigation, 76181-76182 [2011-31257]

Download as PDF Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Notices The Bureau of Reclamation (Reclamation) and the U.S. Fish and Wildlife Service (Service), as the National Environmental Policy Act (NEPA) Federal joint lead agencies, and the State of California Department of Fish and Game (DFG), acting as the California Environmental Quality Act lead agency, have prepared the Suisun Marsh Habitat, Management, Preservation, and Restoration Plan (SMP) Final EIS/EIR. The SMP is a comprehensive plan designed to address the various conflicts regarding use of Suisun Marsh resources, with the focus on achieving an acceptable multistakeholder approach to the restoration of tidal wetlands and the management of managed wetlands and their functions. DATES: Reclamation and the Service will not make a decision on the proposed action until at least 30 days after release of the Final EIS/EIR. After the 30 day waiting period, Reclamation and the Service will complete a Record of Decision (ROD). The ROD will state the actions that will be implemented by each agency and will discuss factors leading to the decisions. ADDRESSES: A compact disk or a copy of the Final EIS/EIR may be requested from Ms. Becky Victorine, Bureau of Reclamation, Bay-Delta Office, 801 I Street, Suite 140, Sacramento, California 95814–2536, or emailed to rvictorine@ usbr.gov, or by calling (916) 414–2429. The Final EIS/EIR is also accessible from the following Web site: http:// www.usbr.gov/mp/nepa/nepa_ projdetails.cfm?Project_ID=781. FOR FURTHER INFORMATION CONTACT: Ms. Becky Victorine, Bureau of Reclamation, (916) 414–2429, rvictorine@usbr.gov; or Ms. Cay Goude; U.S. Fish and Wildlife Service, (916) 414–6600, cay_goude@ fws.gov. SUPPLEMENTARY INFORMATION: Suisun Marsh (Marsh) is the largest contiguous brackish water marsh remaining on the west coast of North America and is a critical part of the San Francisco Bay/ Sacramento—San Joaquin Delta (BayDelta) estuary ecosystem. The values of the Marsh have been recognized as important and several agencies have been involved in its protection since the mid-1970s. In 2001, the principal Federal, State and local agencies that have jurisdiction or interest in the Marsh directed the formation of a charter group to develop a plan for the Marsh that would balance the needs of the California Bay-Delta Authority (CALFED), the Suisun Marsh Preservation Agreement, and other plans by protecting and enhancing existing land uses, existing waterfowl jlentini on DSK4TPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:04 Dec 05, 2011 Jkt 226001 and wildlife values, including those associated with the Pacific Flyway, endangered species, and state and Federal water project supply quality. A subset of this charter group has collaboratively prepared the SMP Final EIS/EIR. The principal agencies include the Service, Reclamation, National Marine Fisheries Service (NMFS), DFG, State of California Department of Water Resources, and Suisun Resource Conservation District. Each principal agency would use this EIS/EIR to implement particular actions described and analyzed in the document that would contribute to the overall implementation of the SMP. NMFS and the U.S. Army Corps of Engineers are cooperating agencies in accordance with NEPA. The SMP preferred alternative includes restoring 5,000 to 7,000 acres in the Marsh to fully functioning, selfsustaining tidal wetland and protecting and enhancing existing tidal wetland acreage; and improving levee stability and flood and drain capabilities of the remaining 44,000 to 46,000 acres of managed wetlands. The plan is intended to guide near-term and future actions related to restoration of tidal wetlands and managed wetland activities in the Marsh. Restoration of tidal wetlands under the SMP preferred alternative would implement the tidal restoration goal established for the Marsh by the CALFED Ecosystem Restoration Program Plan, and would contribute to the tidal restoration goals of the San Francisco Bay Area Wetlands Ecosystem Goals Project, and the Service’s Draft Recovery Plan for Tidal Marsh Ecosystems of Northern and Central California for the Suisun Bay Area Recovery Unit. SMP actions would be implemented over the 30-year SMP timeframe. Benefits from individual tidal restoration projects would change as elevations rise, vegetation becomes established, and vegetation communities shift over time from low marsh to high marsh condition. The intended outcomes of the managed wetlands activities described in the SMP EIS/EIR are to maintain and improve habitat conditions and minimize or avoid adverse effects of wetland operations. Most of these activities are already occurring in the Marsh; however, some of the current activities would be modified, and some new activities would be conducted, as described in detail in the SMP EIS/EIR. The SMP EIS/EIR documents the direct, indirect, and cumulative effects to the physical, biological, and socioeconomic environment that may result from the SMP, including potential effects on hydrology, water quality, PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 76181 geology, groundwater, flood control, sediment transport, transportation and navigation, air quality, noise, climate change, fish, vegetation and wetlands, wildlife, visual resources, cultural resources, land and water use, social and economic conditions, utilities and public services, recreation, power, public health and environmental hazards, environmental justice, and Indian trust assets. Public meetings on the draft EIS/EIR were held on Thursday, November 18, 2010, in Suisun City, CA, and Benicia, CA. Public Disclosure Before including your name, address, phone number, email 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: November 30, 2011. Michelle Denning, Acting Regional Director, Mid-Pacific Region, U.S. Bureau of Reclamation. November 30, 2011. Paul McKim, Acting Deputy Regional Director, Pacific Southwest Region, U.S. Fish and Wildlife Service. [FR Doc. 2011–31245 Filed 12–5–11; 8:45 am] BILLING CODE 4310–MN–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–718] Certain Electronic Paper Towel Dispensing Devices and Components Thereof; Issuance of General Exclusion Order and Cease and Desist Orders; Termination of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has issued a general exclusion order and cease and desist orders in the above-captioned investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 337 (‘‘section 337’’), and has terminated the investigation. FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General Counsel, U.S. International Trade SUMMARY: E:\FR\FM\06DEN1.SGM 06DEN1 jlentini on DSK4TPTVN1PROD with NOTICES 76182 Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Notices Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–3065. 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 (http://www.usitc.gov). The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http://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 May 21, 2010, based upon a complaint filed on behalf of Georgia-Pacific Consumer Products LP of Atlanta, Georgia (‘‘Georgia-Pacific’’) on April 19, 2010, and supplemented on May 10, 2010. 75 FR 28652 (May 21, 2010). The complaint 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, and the sale within the United States after importation of certain electronic paper towel dispensing devices and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 6,871,815 (‘‘the ’815 patent’’); 7,017,856 (‘‘the ’856 patent’’); 7,182,289 (‘‘the ’289 patent’’); and 7,387,274 (‘‘the ’274 patent’’). The complainant named as respondents Kruger Products LP of Mississauga, Canada; KTG USA LP of Memphis, Tennessee (‘‘KTG USA’’); Stefco Industries, Inc. of Haines City, Florida (‘‘Stefco’’); Cellynne Corporation of Haines City, Florida (‘‘Cellynne’’); Draco Hygienic Products Inc. of Ontario, California; NetPak Electronic Plastic and Cosmetic, Inc., d/b/a/Open for Business of Chicago, Illinois (‘‘NetPak Chicago’’); NetPak Electronik Plastik ve Kozmetik Sanayi, Ve Ticaret Ltd of Izmir, Turkey (‘‘NetPak Turkey’’); Paradigm Marketing Consortium, Inc. of Syosset, New York; United Sourcing Network Corp. of Syosset, New York; New Choice (H.K.) Ltd. of Shatin, Hong Kong; and Vida International Inc. of Taipei, Taiwan. On August 16, 2010, the Commission issued notice of its determination not to review an ID amending the complaint and notice of investigation: (1) To correct the corporate name of NetPak Chicago; (2) to redefine ‘‘Kruger’’ to VerDate Mar<15>2010 17:04 Dec 05, 2011 Jkt 226001 ‘‘Kruger Products and/or KTG USA’’; (3) to indicate that Georgia-Pacific no longer alleges that NetPak Turkey is the source of Stefco’s and Cellynne’s accused product; (4) to add new respondents Jet Power International Limited; Winco Industries Co.; DWL Industries Co.; Ko-Am Corporation Inc. d/b/a Janitor’s World; Natury, S.A. De C.V.; Franklin Financial Management, Inc. d/b/a Update International; and Alliance in Manufacturing LLC. Two respondents, Stefco and Cellynne, did not respond to the complaint and notice of investigation, and a third respondent, NetPak Turkey, did not participate in discovery. On October 12, 2010, the ALJ issued an order to show cause why Stefco and Cellynne should not be found in default, and on November 2, 2010, issued an order to show cause why NetPak Turkey should not be found in default. On December 30, 2010, the ALJ issued an ID (Order No. 28) finding Stefco, Cellynne, and NetPak Turkey in default. On January 16, 2011, the Commission determined not to review this order. The other respondents to the investigation were terminated by consent order. On July 12, 2011, the ALJ issued an ID, Order No. 36, finding substantial, reliable, and probative evidence that the Stefco, Cellynne, and Netpak Turkey violated section 337 based on the importation, sale for importation, and/or sale after importation into the United States of electronic paper towel dispensing devices that infringe the asserted patent claims. The ALJ issued a recommended determination with the ID. The ALJ recommended that the Commission issue a general exclusion order and cease and desist orders, finding that such orders would not be contrary to the public interest, and recommended that the bond for importation during the presidential review period be set at 100 percent of the entered value of the infringing products for respondents and no bond be set for nonrespondents. On August 19, 2011, the Commission issued notice of its determination not to review the ID, and solicited submissions on remedy, the public interest, and bonding. 76 FR 53154 (Aug. 25, 2011). Georgia-Pacific and the Commission investigative attorney filed submissions and reply submissions with respect thereto. After reviewing the relevant portions of the record, the Commission has determined to issue a general exclusion order with respect to claims 4–7 of the ’815 patent, claims 8–22 of the ’856 patent, claims 1–3 of the ’289 patent, and claims 4–22 of the ’274 patent, and cease and desist orders against Stefco PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 and Cellynne with respect to the same claims. In this connection, the Commission has determined to set a bond of 100 percent of entered value during the period of Presidential review. The investigation is terminated. 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 Part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: December 1, 2011. James R. Holbein, Secretary to the Commission. [FR Doc. 2011–31257 Filed 12–5–11; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF LABOR Office of the Secretary Agency Information Collection Activities; Submission for OMB Review; Comment Request; Planning Guidance and Instructions for Submission of the Strategic State Plan and Plan Modifications for Title I of the Workforce Investment Act and Wagner-Peyser Act ACTION: Notice. The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) titled, ‘‘Planning Guidance and Instructions for Submission of the Strategic State Plan and Plan Modifications for Title I of the Workforce Investment Act and WagnerPeyser Act,’’ as proposed to be revised, to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.). DATES: Submit comments on or before January 5, 2012. ADDRESSES: A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained from the RegInfo.gov Web site, http://www.reginfo.gov/ public/do/PRAMain, on the day following publication of this notice or by contacting Michel Smyth by telephone at (202) 693–4129 (this is not a toll-free number) or sending an email to DOL_PRA_PUBLIC@dol.gov. Submit comments about this request to the Office of Information and Regulatory Affairs, Attn: OMB Desk SUMMARY: E:\FR\FM\06DEN1.SGM 06DEN1

Agencies

[Federal Register Volume 76, Number 234 (Tuesday, December 6, 2011)]
[Notices]
[Pages 76181-76182]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31257]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-718]


Certain Electronic Paper Towel Dispensing Devices and Components 
Thereof; Issuance of General Exclusion Order and Cease and Desist 
Orders; Termination of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has issued a general exclusion order and cease and desist 
orders in the above-captioned investigation under section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 337 (``section 337''), and 
has terminated the investigation.

FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General 
Counsel, U.S. International Trade

[[Page 76182]]

Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 
205-3065. 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 (http://www.usitc.gov). The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS) at http://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 May 21, 
2010, based upon a complaint filed on behalf of Georgia-Pacific 
Consumer Products LP of Atlanta, Georgia (``Georgia-Pacific'') on April 
19, 2010, and supplemented on May 10, 2010. 75 FR 28652 (May 21, 2010). 
The complaint 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, and the sale within the United States after 
importation of certain electronic paper towel dispensing devices and 
components thereof by reason of infringement of certain claims of U.S. 
Patent Nos. 6,871,815 (``the '815 patent''); 7,017,856 (``the '856 
patent''); 7,182,289 (``the '289 patent''); and 7,387,274 (``the '274 
patent''). The complainant named as respondents Kruger Products LP of 
Mississauga, Canada; KTG USA LP of Memphis, Tennessee (``KTG USA''); 
Stefco Industries, Inc. of Haines City, Florida (``Stefco''); Cellynne 
Corporation of Haines City, Florida (``Cellynne''); Draco Hygienic 
Products Inc. of Ontario, California; NetPak Electronic Plastic and 
Cosmetic, Inc., d/b/a/Open for Business of Chicago, Illinois (``NetPak 
Chicago''); NetPak Electronik Plastik ve Kozmetik Sanayi, Ve Ticaret 
Ltd of Izmir, Turkey (``NetPak Turkey''); Paradigm Marketing 
Consortium, Inc. of Syosset, New York; United Sourcing Network Corp. of 
Syosset, New York; New Choice (H.K.) Ltd. of Shatin, Hong Kong; and 
Vida International Inc. of Taipei, Taiwan.
    On August 16, 2010, the Commission issued notice of its 
determination not to review an ID amending the complaint and notice of 
investigation: (1) To correct the corporate name of NetPak Chicago; (2) 
to redefine ``Kruger'' to ``Kruger Products and/or KTG USA''; (3) to 
indicate that Georgia-Pacific no longer alleges that NetPak Turkey is 
the source of Stefco's and Cellynne's accused product; (4) to add new 
respondents Jet Power International Limited; Winco Industries Co.; DWL 
Industries Co.; Ko-Am Corporation Inc. d/b/a Janitor's World; Natury, 
S.A. De C.V.; Franklin Financial Management, Inc. d/b/a Update 
International; and Alliance in Manufacturing LLC.
    Two respondents, Stefco and Cellynne, did not respond to the 
complaint and notice of investigation, and a third respondent, NetPak 
Turkey, did not participate in discovery. On October 12, 2010, the ALJ 
issued an order to show cause why Stefco and Cellynne should not be 
found in default, and on November 2, 2010, issued an order to show 
cause why NetPak Turkey should not be found in default. On December 30, 
2010, the ALJ issued an ID (Order No. 28) finding Stefco, Cellynne, and 
NetPak Turkey in default. On January 16, 2011, the Commission 
determined not to review this order. The other respondents to the 
investigation were terminated by consent order.
    On July 12, 2011, the ALJ issued an ID, Order No. 36, finding 
substantial, reliable, and probative evidence that the Stefco, 
Cellynne, and Netpak Turkey violated section 337 based on the 
importation, sale for importation, and/or sale after importation into 
the United States of electronic paper towel dispensing devices that 
infringe the asserted patent claims. The ALJ issued a recommended 
determination with the ID. The ALJ recommended that the Commission 
issue a general exclusion order and cease and desist orders, finding 
that such orders would not be contrary to the public interest, and 
recommended that the bond for importation during the presidential 
review period be set at 100 percent of the entered value of the 
infringing products for respondents and no bond be set for 
nonrespondents. On August 19, 2011, the Commission issued notice of its 
determination not to review the ID, and solicited submissions on 
remedy, the public interest, and bonding. 76 FR 53154 (Aug. 25, 2011). 
Georgia-Pacific and the Commission investigative attorney filed 
submissions and reply submissions with respect thereto.
    After reviewing the relevant portions of the record, the Commission 
has determined to issue a general exclusion order with respect to 
claims 4-7 of the '815 patent, claims 8-22 of the '856 patent, claims 
1-3 of the '289 patent, and claims 4-22 of the '274 patent, and cease 
and desist orders against Stefco and Cellynne with respect to the same 
claims. In this connection, the Commission has determined to set a bond 
of 100 percent of entered value during the period of Presidential 
review. The investigation is terminated.
    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 
Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).


    By order of the Commission.
     Issued: December 1, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-31257 Filed 12-5-11; 8:45 am]
BILLING CODE 7020-02-P