Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act, 51575-51576 [2012-20883]
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Federal Register / Vol. 77, No. 165 / Friday, August 24, 2012 / Notices
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–818]
Certain Devices With Secure
Communication Capabilities,
Components Thereof, and Products
Containing the Same Decision Not To
Review an Initial Determination
Terminating the Investigation Due To
Lack of Standing and Order No. 14
Denying Complainant’s Renewed
Motion To Amend the Complaint and
Notice of Investigation; Termination 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. 15) of the presiding
administrative law judge (‘‘ALJ’’)
terminating the above-captioned
investigation due to lack of standing of
complainant VirnetX, Inc. (‘‘VirnetX’’)
of Zephyr Cove, Nevada. The
Commission has also determined not to
review the ALJ’s Order No. 14 denying
complainant’s renewed motion to
amend the complaint and notice of
investigation to add Science
Applications International Corporation
(‘‘SAIC’’) as a complainant. The
Commission has terminated the
investigation.
SUMMARY:
erowe on DSK2VPTVN1PROD with
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 December 7, 2011, based on a
complaint filed by VirnetX. 76 FR
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15:22 Aug 23, 2012
Jkt 226001
76435–36. The complaint alleges a
violation of section 337 of the Tariff Act
of 1930, as amended, 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 devices with
secure communication capabilities,
components thereof, and products
containing the same by reason of
infringement of certain claims of U.S.
Patent No. 8,051,181 (‘‘the ’181 patent’’).
The complaint further alleges the
existence of a domestic industry. The
Commission’s notice of investigation
named Apple Inc. (‘‘Apple’’) of
Cupertino, California as the sole
respondent. No Commission
investigative attorney is participating in
this investigation.
On April 30, 2012, Apple moved to
terminate the investigation based on
VirnetX’s lack of standing pursuant to
Commission rule 210.21(a)(1). VirnetX
filed an opposition to the motion.
The ALJ issued the subject ID on July
18, 2012, granting Apple’s motion for
termination of the investigation. He
found that VirnetX does not possess all
substantial rights in the ’181 patent, and
therefore lacks standing to assert the
patent in this investigation. On the same
date, the ALJ issued Order No. 14
denying VirnetX’s renewed motion to
amend the complaint and notice of
investigation to add SAIC as a
complainant. VirnetX petitioned for
review of the ALJ’s ID and Order No. 14
on July 27, 2012, and Apple filed a
response in opposition on August 3,
2012.
Having reviewed the record including
the parties’ briefing, the Commission
has determined not to review the ALJ’s
ID or Order No. 14, and has terminated
the 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 210.21 and 210.42(h) of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.21, 210.42(h).
Issued: August 20, 2012.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012–20803 Filed 8–23–12; 8:45 am]
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51575
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Comprehensive
Environmental Response,
Compensation and Liability Act
In accordance with 28 CFR 50.7,
notice is hereby given that on August
20, 2012, a Consent Decree in United
States v. Exxon Mobil Corporation, et
al., C.A. No. 1–08–cv–124–IMK (N.D.
W.Va.) was lodged with the United
States District Court for the Northern
District of West Virginia. The Consent
Decree resolves the United States’
claims, pursuant to Sections 106 and
107(a) of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(‘‘CERCLA’’), 42 U.S.C. 9606 and
9607(a), against Exxon Mobil
Corporation, Vertellus Specialities Inc.
and CBS Corporation related to the Big
John’s Salvage Site (‘‘Site’’), located in
Fairmont, West Virginia. The State of
West Virginia is a signatory to the
Consent Decree. The BJS Site became
contaminated with various hazardous
substances as the result of the
operations and related waste disposal
practices of a coal refinery that operated
there between approximately 1933 and
1973, and a scrap and salvage facility
that operated there from 1973 to the
early 1980s. Under the Consent Decree,
the three settling parties will pay a
portion of the United States’ response
costs in the amount of $11 million,
perform/finance the removal activities
selected by the Environmental
Protection Agency in its Action
Memorandum issued on September 30,
2010, and pay EPA’s and the State’s
future response costs, as defined in the
Consent Decree.
The Department of Justice will receive
comments relating to the proposed
Consent Decree for a period of thirty
(30) days from the date of this
publication. 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. Exxon Mobil Corporation, et
al., Department of Justice No. 90–11–3–
08499.
During the comment period, the
proposed Consent Decree, with
Appendices A–H, may be examined on
the following Department of Justice Web
site, https://www.usdoj/enrd/Consent_
Decrees.html. A copy of the Consent
Decree may also be obtained from the
Consent Decree Library, P.O. Box 7611,
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51576
Federal Register / Vol. 77, No. 165 / Friday, August 24, 2012 / Notices
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. In
requesting a copy of the Consent Decree
from the Consent Decree Library, please
enclose a check in the amount of $23.25
(25 cents per page production cost) for
the Consent Decree without the
appendices. Several of the appendices
are voluminous and the same cost (25
cents per page) will apply. If one or
more of the appendices are requested,
fax or email the request to ‘‘Consent
Decree Copy’’ as indicated above and
provide the requester’s contact
information to receive the cost of the
requested appendices. Make checks
payable to the U.S. Treasury or, if by
email 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. 2012–20883 Filed 8–23–12; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
erowe on DSK2VPTVN1PROD with
Notice of Lodging of Proposed Fourth
Amendment to the Consent Decree
Under the Clean Air Act
Notice is hereby given that on August
17, 2012, a proposed Fourth
Amendment to Consent Decree was
lodged with the United States District
Court for the Eastern District of
Pennsylvania in United States of
America; Commonwealth of
Pennsylvania; City of Philadelphia;
State of Oklahoma; and State of Ohio v.
Sunoco, Inc., Civil Action 05–02866.
The Court entered the Original
Consent Decree in this case on March
21, 2006. The Court entered the First
Amendment to the Consent Decree on
June 3, 2009. On August 31, 2011, the
Court entered and approved the Second
and Third Amendments to the Consent
Decree.
This Fourth Amendment to the
Consent Decree proposes four revisions
to the consent decree. They are: (1) A
transfer of uncompleted or ongoing
responsibilities for the Philadelphia
Refinery to PES R&M LLC; (2) an
extension of the time for achieving final
SO2 and NOx emissions limits at
Philadelphia’s 868 FCCU from 2014
until 2016; (3) allowance of the
emissions reductions achieved by
reaching the final SO2 and NOx limits
on the 868 FCCU or achieved from the
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15:22 Aug 23, 2012
Jkt 226001
permanent shut down of the Marcus
Hook Refinery (to the extent the
Philadelphia and Marcus Hook
Refineries are determined to be a single
source) to be used as credits or offsets
in any PSD, major non-attainment and
or minor NSR permits provided that the
new or modified units meet BACT; and
(4) a requirement to install, operate and
maintain fence line monitoring of
refinery pollutants.
Sunoco has completed the installation
of the WGS and SCR at the Philadelphia
1232 FCCU as required under the
Consent Decree. PES R&M LLC will step
into the shoes of Sunoco for all
injunctive relief requirements that have
not yet been fulfilled or that are
ongoing. The amendment changes
references from ‘‘Sunoco’’ where
appropriate to ‘‘PES R&M LLC’’, and
changes other references, where there
are similar requirements across all
refineries, to ‘‘PES R&M LLC (with
regard to the Philadelphia refinery).’’
The publication of this notice opens
a period for public comment on the
Fourth Amendment to the Consent
Decree. Comments should be addressed
to the Assistant Attorney General,
Environment and Natural Resources
Division, and should refer to United
States of America; Commonwealth of
Pennsylvania; City of Philadelphia;
State of Oklahoma; and State of Ohio v.
Sunoco, Inc., Civil Action 05–02866,
Department of Justice No. 90–5–2–1–
1744/1. All comments must be
submitted no later than thirty (30) days
after the publication date of this notice.
Comments may be submitted by email
to pubcomment-ees.enrd@usdoj.gov or
mailed to the Assistant Attorney
General, U.S. DOJ—ENRD, P.O. Box
7611, Washington, DC 20044–7611.
During the public comment period,
the Proposed Fourth Amendment to the
Consent Decree may be examined and
downloaded for free at the following
Department of Justice Web site: https://
www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
Proposed Fourth Amendment to 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 $8.00 (25 cents per page
reproduction cost) payable to the U.S.
Treasury or, if requesting by email or
fax, forward a check in that amount to
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the Consent Decree Library at the
address given above.
Robert D. Brook,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2012–20806 Filed 8–23–12; 8:45 am]
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DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms
and Explosives
[OMB Number 1140–0020]
Agency Information Collection
Activities; Proposed Collection;
Comments Request: Firearms
Transaction Record, Part 1, Over-theCounter
30-Day Notice of Information
Collection.
ACTION:
The Department of Justice (DOJ),
Bureau of Alcohol, Tobacco, Firearms
and Explosives (ATF) will be submitting
the following information collection
request to the Office of Management and
Budget (OMB) for review and approval
in accordance with the Paperwork
Reduction Act of 1995. The proposed
information collection is published to
obtain comments from the public and
affected agencies. This proposed
information collection was previously
published in the Federal Register,
Volume 77, Number 122, page 37920 on
June 25, 2012, allowing for a 60 day
comment period.
The purpose of this notice is to allow
for an additional 30 days for public
comment until September 24, 2012.
This process is conducted in accordance
with 5 CFR 1320.10.
Written comments concerning this
information collection should be sent to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget, Attn: DOJ Desk Officer. The best
way to ensure your comments are
received is to email them to
oira_submission@omb.eop.gov or fax
them to 202–395–7285. All comments
should reference the eight digit OMB
number or the title of the collection.
Written comments and suggestions
from the public and affected agencies
concerning the proposed collection of
information are encouraged. Your
comments should address one or more
of the following four points:
—Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
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Agencies
[Federal Register Volume 77, Number 165 (Friday, August 24, 2012)]
[Notices]
[Pages 51575-51576]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20883]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Comprehensive
Environmental Response, Compensation and Liability Act
In accordance with 28 CFR 50.7, notice is hereby given that on
August 20, 2012, a Consent Decree in United States v. Exxon Mobil
Corporation, et al., C.A. No. 1-08-cv-124-IMK (N.D. W.Va.) was lodged
with the United States District Court for the Northern District of West
Virginia. The Consent Decree resolves the United States' claims,
pursuant to Sections 106 and 107(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9606
and 9607(a), against Exxon Mobil Corporation, Vertellus Specialities
Inc. and CBS Corporation related to the Big John's Salvage Site
(``Site''), located in Fairmont, West Virginia. The State of West
Virginia is a signatory to the Consent Decree. The BJS Site became
contaminated with various hazardous substances as the result of the
operations and related waste disposal practices of a coal refinery that
operated there between approximately 1933 and 1973, and a scrap and
salvage facility that operated there from 1973 to the early 1980s.
Under the Consent Decree, the three settling parties will pay a portion
of the United States' response costs in the amount of $11 million,
perform/finance the removal activities selected by the Environmental
Protection Agency in its Action Memorandum issued on September 30,
2010, and pay EPA's and the State's future response costs, as defined
in the Consent Decree.
The Department of Justice will receive comments relating to the
proposed Consent Decree for a period of thirty (30) days from the date
of this publication. 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. Exxon Mobil Corporation, et al., Department
of Justice No. 90-11-3-08499.
During the comment period, the proposed Consent Decree, with
Appendices A-H, may be examined on the following Department of Justice
Web site, https://www.usdoj/enrd/Consent_Decrees.html. A copy of the
Consent Decree may also be obtained from the Consent Decree Library,
P.O. Box 7611,
[[Page 51576]]
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. In requesting a copy of the Consent Decree from
the Consent Decree Library, please enclose a check in the amount of
$23.25 (25 cents per page production cost) for the Consent Decree
without the appendices. Several of the appendices are voluminous and
the same cost (25 cents per page) will apply. If one or more of the
appendices are requested, fax or email the request to ``Consent Decree
Copy'' as indicated above and provide the requester's contact
information to receive the cost of the requested appendices. Make
checks payable to the U.S. Treasury or, if by email 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. 2012-20883 Filed 8-23-12; 8:45 am]
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