Certain Starter Motors and Alternators; Notice of Issuance of a Limited Exclusion Order and a Cease and Desist Order; Termination of Investigation, 20418-20419 [2012-8045]
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20418
Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices
noon the next day pursuant to section
210.4(f) of the Commission’s Rules of
Practice and Procedure (19 CFR
210.4(f)). Submissions should refer to
the docket number (‘‘Docket No. 2891’’)
in a prominent place on the cover page
and/or the first page. (See Handbook for
Electronic Filing Procedures, https://
www.usitc.gov/secretary/
fed_reg_notices/rules/
handbook_on_electronic_filing.pdf).
Persons with questions regarding filing
should contact the Secretary (202) 205–
2000).
Any person desiring to submit a
document to the Commission in
confidence must request confidential
treatment. All such requests should be
directed to the Secretary to the
Commission and must include a full
statement of the reasons why the
Commission should grant such
treatment. See 19 CFR 201.6. Documents
for which confidential treatment by the
Commission is properly sought will be
treated accordingly. All nonconfidential
written submissions will be available for
public inspection at the Office of the
Secretary and on EDIS.
This action is taken under the
authority of section 337 of the Tariff Act
of 1930, as amended (19 U.S.C. 1337),
and of sections 201.10 and 210.8(c) of
the Commission’s Rules of Practice and
Procedure (19 CFR 201.10, 210.8(c)).
By order of the Commission.
Issued: March 29, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012–7976 Filed 4–3–12; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–755]
Certain Starter Motors and Alternators;
Notice of Issuance of a Limited
Exclusion Order and a Cease and
Desist Order; Termination of
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has terminated the abovecaptioned investigation under section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and has
issued a limited exclusion order and a
cease and desist order against
respondent American Automotive Parts,
Inc. (‘‘AAP’’) of Niles, Illinois, which
emcdonald on DSK29S0YB1PROD with NOTICES
SUMMARY:
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15:28 Apr 03, 2012
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was previously found in default in the
above-captioned investigation.
FOR FURTHER INFORMATION CONTACT:
Clint Gerdine, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
708–2310. 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 January 19, 2011, based on a
complaint filed by Remy International,
Inc. and Remy Technologies, L.L.C.
(collectively, ‘‘Remy’’), both of
Pendleton, Indiana. 76 FR 3158 (Jan. 19,
2011). 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 of certain starter motors
and alternators by reason of
infringement of certain claims of U.S.
Patent Nos. 5,105,114 (‘‘the ‘114
patent’’); 5,252,878; 5,268,605 (‘‘the ’605
patent’’); 5,295,404; 5,307,700;
5,315,195 (‘‘the ’195 patent’’); and
5,453,648 (‘‘the ’648 patent’’). The
notice of investigation, as amended,
named ten respondents including AAP.
The complaint and notice of
investigation were served on AAP on
January 13, 2011. AAP failed to respond
to the complaint and notice of
investigation. The ’114 patent was
terminated from the investigation based
on partial withdrawal by Remy, and all
other respondents have been terminated
from the investigation based on either a
consent order or a settlement agreement.
Claims 1 and 4 of the ’605 patent, claims
1–6 of the ’195 patent, and claims 1, 5,
and 10 of the ’648 patent were asserted
against AAP.
The presiding administrative law
judge (‘‘ALJ’’) issued an initial
determination (‘‘ID’’) on December 22,
2011, finding AAP in default, pursuant
to 19 CFR 210.13 and 210.16, because
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Sfmt 4703
respondent did not respond to the
complaint and notice of investigation, or
to the ALJ’s December 13, 2011 order to
show cause. On January 14, 2012, the
Commission issued notice of its
determination not to review the ID
finding AAP in default.
On February 9, 2012, the Commission
issued a Notice that requested briefing
from interested parties on remedy, the
public interest, and bonding with
respect to respondent AAP found in
default. 77 FR 8898–00 (Feb. 15, 2012).
Both Remy and the Commission
investigative attorney (‘‘IA’’) submitted
briefing on remedy, the public interest,
and bonding along with proposed orders
on March 2, 2012. The IA also
submitted a reply brief on March 9,
2012, containing revised orders.
The Commission found that the
statutory requirements of section
337(g)(1)(A)–(E) (19 U.S.C.
1337(g)(1)(A)–(E)) were met with respect
to the defaulting respondent.
Accordingly, pursuant to section
337(g)(1) (19 U.S.C. 1337(g)(1)) and
Commission rule 210.16(c) (19 CFR
210.16(c)), the Commission presumed
the facts alleged in the complaint to be
true.
The Commission has determined that
the appropriate form of relief is the
following: (1) A limited exclusion order
prohibiting the unlicensed entry of
alternators that infringe one or more of
claims 1 and 4 of the ‘605 patent, claims
1–6 of the ‘195 patent, or claims 1, 5,
and 10 of the ‘648 patent, which are
manufactured abroad by or on behalf of,
or are imported by or on behalf of, AAP,
or any of its affiliated companies,
parents, subsidiaries, licensees,
contractors, or other related business
entities, or its successors or assigns; and
(2) a cease and desist order prohibiting
AAP from conducting any of the
following activities in the United States:
importing, selling, marketing,
advertising, distributing, offering for
sale, transferring (except for
exportation), and soliciting U.S. agents
or distributors for alternators that
infringe one or more of claims 1 and 4
of the ’605 patent, claims 1–6 of the ’195
patent, or claims 1, 5, and 10 of the ’648
patent.
The Commission has further
determined that the public interest
factors enumerated in section 337(g)(1)
(19 U.S.C. 1337(g)(1)) do not preclude
issuance of the limited exclusion order
or the cease and desist order. Finally,
the Commission has determined that a
bond of 100 percent of the entered value
of the covered products is required to
permit temporary importation during
the period of Presidential review (19
U.S.C. 1337(j)). The Commission’s
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04APN1
Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices
orders were delivered to the President
and to the United States Trade
Representative on the day of their
issuance.
The Commission has terminated this
investigation. 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 sections 210.16(c) and
210.41 of the Commission’s Rules of
Practice and Procedure (19 CFR
210.16(c) and 210.41).
By order of the Commission.
Issued: March 30, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012–8045 Filed 4–3–12; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
emcdonald on DSK29S0YB1PROD with NOTICES
Notice of Lodging of Consent Decree
Under the Clean Air Act
Notice is hereby given that on March
28, 2012, a proposed Consent Decree in
United States v. Forward, Inc., Civil
Action No. 2:11–cv–00590–EFB, was
lodged with the United States District
Court for the Eastern District of
California.
In this action the United States sought
injunctive relief and civil penalties
against defendant Forward, Inc.,
pursuant to Section 113(b) of the Clean
Air Act (Act), 42 U.S.C. 7413(b), in
connection with activities at the
Forward Landfill in Manteca, California.
The United States’ complaint, filed
concurrently with the Consent Decree,
alleges that Forward violated the Act by
operating gas extraction wells in the
landfill’s gas collection and control
system (GCCS) in violation of the Act’s
New Source Performance Standards and
National Emission Standards for
Hazardous Air Pollutants, and in
violation of the Title V permit it had
received from the San Joaquin Valley
Unified Air Pollution Control District
(District), the United States’ co-plaintiff
in the action. The Consent Decree
would require Forward to improve the
GCCS by installing new extraction wells
and closing unneeded wells, to
implement specific operations and
maintenance actions to minimize air
intrusion and the likelihood of
subsurface fires at the landfill, to
replace trucks in the landfill’s fleet with
less polluting vehicles, and to pay a
civil penalty of $200,000, to be shared
with the District.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
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15:28 Apr 03, 2012
Jkt 226001
relating to the Consent Decree.
Comments should be addressed to the
Assistant Attorney General,
Environment and Natural Resources
Division, and either emailed 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. Forward, Inc., No. 2:11–cv–
00590–EFB (E.D. Cal.), D.J. Ref. 90–5–2–
1–09873.
During the public comment period,
the Consent Decree, may also be
examined on the following Department
of Justice Web site, to 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 emailing a request to
‘‘Consent Decree
Copy’’(EESCDCopy.ENRD@usdoj.gov),
fax no. (202) 514–0097, phone
confirmation number (202) 514–5271. If
requesting a copy from the Consent
Decree Library by mail, please enclose
a check in the amount of $9.25 payable
to the U.S. Treasury or, if requesting by
email or fax, forward a check in that
amount to the Consent Decree Library at
the address given above.
Henry S. Friedman,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. 2012–8033 Filed 4–3–12; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
Antitrust Division
United States v. Humana Inc. and
Arcadian Management Services, Inc.;
Proposed Final Judgment and
Competitive Impact Statement
Notice is hereby given pursuant to the
Antitrust Procedures and Penalties Act,
15 U.S.C. 16(b)–(h), that a proposed
Final Judgment, Stipulation, and
Competitive Impact Statement have
been filed with the United States
District Court for the District of
Columbia, in United States v. Humana
Inc. and Arcadian Management
Services, Inc., Civil Action No. 12-cv00464. On March 27, 2012, the United
States filed a Complaint alleging that the
proposed acquisition by Humana Inc. of
Arcadian Management Services, Inc.
would violate Section 7 of the Clayton
Act, 15 U.S.C. 18. The proposed Final
Judgment filed at the same time as the
Complaint requires the parties to divest
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20419
health plans in 51 counties and parishes
in Arizona, Arkansas, Louisiana,
Oklahoma, and Texas.
Copies of the Complaint, proposed
Final Judgment, and Competitive Impact
Statement are available for inspection at
the Department of Justice, Antitrust
Division, Antitrust Documents Group,
450 Fifth Street, NW., Suite 1010,
Washington, DC 20530 (telephone: 202
514–2481), and on the Department of
Justice’s Web site at https://
www.usdoj.gov/atr, and at the Office of
the Clerk of the United States District
Court for the District of Columbia.
Copies of these materials may be
obtained from the Antitrust Division
upon request and payment of the
copying fee set by Department of Justice
regulations.
Public comment is invited within 60
days of the date of this notice. Such
comments and responses thereto will be
published in the Federal Register and
filed with the Court. Comments should
be directed to Joshua H. Soven, Chief,
Litigation I Section, Antitrust Division,
U.S. Department of Justice, 450 Fifth
Street NW., Suite 4100, Washington, DC
20530 (telephone: 202–307–0827).
Patricia A. Brink,
Director of Civil Enforcement.
United States District Court for the
District of Columbia
United States of America, United States
Department of Justice, Antitrust Division,
Litigation I Section, 450 Fifth Street, NW.,
Suite 4100, Washington, DC 20530, Plaintiff,
v. Humana Inc., 500 West Main Street,
Louisville, KY 40202, and Arcadian
Management Services, Inc., 500 12th Street,
Suite 340, Oakland, CA 94607, Defendants.
Case: 1:12-cv-00464.
Assigned to: Walton, Reggie B.
Assign. Date: 3/27/2012.
Description: Antitrust.
Complaint
The United States of America
(‘‘United States’’), acting under the
direction of the Attorney General of the
United States, brings this civil action to
enjoin Humana Inc. (‘‘Humana’’) from
acquiring Arcadian Management
Services, Inc. (‘‘Arcadian’’). The United
States alleges as follows:
1. Unless enjoined, Humana’s
proposed acquisition of Arcadian will
substantially lessen competition in the
sale of Medicare Advantage health
insurance plans sold to Medicareeligible individuals (‘‘the relevant
product market’’) in forty-five counties
and parishes in Arizona, Arkansas,
Louisiana, Oklahoma, and Texas (‘‘the
relevant geographic markets’’).
2. A Medicare Advantage plan is a
health insurance product sold by a
E:\FR\FM\04APN1.SGM
04APN1
Agencies
[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
[Notices]
[Pages 20418-20419]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8045]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-755]
Certain Starter Motors and Alternators; Notice of Issuance of a
Limited Exclusion Order and a Cease and Desist Order; Termination of
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has terminated the above-captioned investigation under
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
has issued a limited exclusion order and a cease and desist order
against respondent American Automotive Parts, Inc. (``AAP'') of Niles,
Illinois, which was previously found in default in the above-captioned
investigation.
FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 708-2310. 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 January 19, 2011, based on a complaint filed by Remy International,
Inc. and Remy Technologies, L.L.C. (collectively, ``Remy''), both of
Pendleton, Indiana. 76 FR 3158 (Jan. 19, 2011). 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 of certain starter motors and
alternators by reason of infringement of certain claims of U.S. Patent
Nos. 5,105,114 (``the `114 patent''); 5,252,878; 5,268,605 (``the '605
patent''); 5,295,404; 5,307,700; 5,315,195 (``the '195 patent''); and
5,453,648 (``the '648 patent''). The notice of investigation, as
amended, named ten respondents including AAP. The complaint and notice
of investigation were served on AAP on January 13, 2011. AAP failed to
respond to the complaint and notice of investigation. The '114 patent
was terminated from the investigation based on partial withdrawal by
Remy, and all other respondents have been terminated from the
investigation based on either a consent order or a settlement
agreement. Claims 1 and 4 of the '605 patent, claims 1-6 of the '195
patent, and claims 1, 5, and 10 of the '648 patent were asserted
against AAP.
The presiding administrative law judge (``ALJ'') issued an initial
determination (``ID'') on December 22, 2011, finding AAP in default,
pursuant to 19 CFR 210.13 and 210.16, because respondent did not
respond to the complaint and notice of investigation, or to the ALJ's
December 13, 2011 order to show cause. On January 14, 2012, the
Commission issued notice of its determination not to review the ID
finding AAP in default.
On February 9, 2012, the Commission issued a Notice that requested
briefing from interested parties on remedy, the public interest, and
bonding with respect to respondent AAP found in default. 77 FR 8898-00
(Feb. 15, 2012).
Both Remy and the Commission investigative attorney (``IA'')
submitted briefing on remedy, the public interest, and bonding along
with proposed orders on March 2, 2012. The IA also submitted a reply
brief on March 9, 2012, containing revised orders.
The Commission found that the statutory requirements of section
337(g)(1)(A)-(E) (19 U.S.C. 1337(g)(1)(A)-(E)) were met with respect to
the defaulting respondent. Accordingly, pursuant to section 337(g)(1)
(19 U.S.C. 1337(g)(1)) and Commission rule 210.16(c) (19 CFR
210.16(c)), the Commission presumed the facts alleged in the complaint
to be true.
The Commission has determined that the appropriate form of relief
is the following: (1) A limited exclusion order prohibiting the
unlicensed entry of alternators that infringe one or more of claims 1
and 4 of the `605 patent, claims 1-6 of the `195 patent, or claims 1,
5, and 10 of the `648 patent, which are manufactured abroad by or on
behalf of, or are imported by or on behalf of, AAP, or any of its
affiliated companies, parents, subsidiaries, licensees, contractors, or
other related business entities, or its successors or assigns; and (2)
a cease and desist order prohibiting AAP from conducting any of the
following activities in the United States: importing, selling,
marketing, advertising, distributing, offering for sale, transferring
(except for exportation), and soliciting U.S. agents or distributors
for alternators that infringe one or more of claims 1 and 4 of the '605
patent, claims 1-6 of the '195 patent, or claims 1, 5, and 10 of the
'648 patent.
The Commission has further determined that the public interest
factors enumerated in section 337(g)(1) (19 U.S.C. 1337(g)(1)) do not
preclude issuance of the limited exclusion order or the cease and
desist order. Finally, the Commission has determined that a bond of 100
percent of the entered value of the covered products is required to
permit temporary importation during the period of Presidential review
(19 U.S.C. 1337(j)). The Commission's
[[Page 20419]]
orders were delivered to the President and to the United States Trade
Representative on the day of their issuance.
The Commission has terminated this investigation. 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 sections
210.16(c) and 210.41 of the Commission's Rules of Practice and
Procedure (19 CFR 210.16(c) and 210.41).
By order of the Commission.
Issued: March 30, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-8045 Filed 4-3-12; 8:45 am]
BILLING CODE 7020-02-P