Notice of Lodging of Proposed Consent Decree Under the Clean Air Act, 66081-66082 [2012-26833]

Download as PDF Federal Register / Vol. 77, No. 212 / Thursday, November 1, 2012 / Notices 205–2661. Copies of all nonconfidential 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 (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 the matter can be obtained by contacting the Commission’s TDD terminal on 202– 205–1810. The Commission instituted this investigation on October 8, 2010, based on a complaint filed by Leviton Manufacturing Co., Inc., of Melville, New York (‘‘Leviton’’). 75 FR 62420 (Oct. 8, 2010). The complaint alleged violations 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 ground fault circuit interrupters and products containing the same by reason of infringement of certain claims of U.S. Patent Nos. 7,463,124 (‘‘the ’124 patent’’); 7,737,809 (‘‘the ’809 patent’’); and 7,764,151 (‘‘the ’151 patent’’). The notice of investigation named numerous respondents, including Menard, Inc., of Eau Claire, Wisconsin (‘‘Menard’’); Westside Wholesale Electric & Lighting, Inc.; Westside Electric Wholesale, Inc.; and Westside Wholesale, Inc., all of Bell, California and/or Los Angeles, California (collectively, ‘‘Westside’’); America Ace Supply Inc. of San Francisco, California (‘‘American Ace’’); Shanghai ELE Manufacturing Corporation of Shanghai, China (‘‘Shanghai ELE’’); Shanghai Jia AO Electrical Co., Ltd., of Shanghai, China (‘‘Shanghai Jia AO’’); and American Electric Depot Inc. of Fresh Meadows, New York (‘‘AED’’). On April 27, 2012, the Commission issued its final determination finding that Leviton had proven a violation of section 337 based on infringement of the ’809 patent but had not proven a violation based on infringement of the ’124 and ’151 patents. The Commission issued a general exclusion order barring entry of ground fault circuit interrupters that infringe the ’809 patent and cease and desist orders against certain pmangrum on DSK3VPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 11:20 Oct 31, 2012 Jkt 229001 respondents, including Menard, Westside, and American Ace. On August 29, 2012, Leviton filed a complaint for enforcement proceedings under Commission rule 210.75(b). Leviton asserts that Menard, Westside, and American Ace have violated cease and desist orders in various ways, including by selling ground fault circuit interrupters that infringe claims 1–4, 6, 8–11, 13, 15–16, 35–37, 39, and 41–46 of the ’809 patent, by selling infringing ground fault circuit interrupters during the Presidential review period without posting an appropriate bond, and by failing to file accurate reports with the Commission. Leviton also alleges that Shanghai ELE, Shanghai Jia AO, and AED have violated the general exclusion order entered in this investigation at least by importing ground fault circuit interrupters that infringe claims 1–4, 6, 8–11, 13, 15–16, 35–37, 39, and 41–46 of the ’809 patent during the Presidential review period without posting an appropriate bond. Having examined the complaint seeking a formal enforcement proceeding, and having found that the complaint complies with the requirements for institution of a formal enforcement proceeding contained in Commission rule 210.75, the Commission has determined to institute formal enforcement proceedings to determine whether Menard, Westside, American Ace have violated cease and desist orders issued in this investigation; whether Shanghai ELE, Shanghai Jia AO, and AED have violated the general exclusion order issued in the investigation; and what, if any, enforcement measures are appropriate. The Commission has determined to name Leviton as the complainant in the formal enforcement proceeding, and to name the following as respondents to the formal enforcement proceeding: Menard, Westside, America Ace, Shanghai ELE, Shanghai Jia AO, and AED. The Commission has also determined to name the Office of Unfair Import Investigations as a party to the enforcement proceeding. 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 210.75 of the Commission’s Rules of Practice and Procedure (19 CFR 210.75). By order of the Commission. Issued: October 26, 2012. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2012–26828 Filed 10–31–12; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 66081 DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Air Act On October 25, 2012, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Western District of Michigan in the lawsuit entitled United States v. Kellogg USA, Inc., et al., Civil Action No. 1:12–cv–01164. In a Complaint filed the same day under the Clean Air Act (Act), the United States seeks injunctive relief and civil penalties regarding the Prevention of Significant Deterioration (PSD) and Title V provisions of the Act, and PSD provisions of the Michigan State Implementation Plan, for violations at Kellogg’s cereal and snack food manufacturing plants located in Battle Creek, Michigan and Grand Rapids, Michigan. The proposed Consent Decree requires Kellogg to reduce its Volatile Organic Compound permit levels at both facilities, perform a mitigation project (costing more than $435,000) to replace a cooling and dehumidifying system that uses the refrigerant R–22 with a chilled water system that does not use R–22, and pay a $500,000 civil penalty. The publication of this notice opens a period for public comment on the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. Kellogg USA, Inc., et al., D.J. Ref. No. 90–5–2–1–09637. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail: To submit comments: Send them to: By email ..... pubcommentees.enrd@usdoj.gov. Assistant Attorney General, U.S. DOJ–ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ....... During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department Web site: https:// www.usdoj.gov/enrd/ Consent_Decrees.html. We will provide a paper copy of the Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: E:\FR\FM\01NON1.SGM 01NON1 66082 Federal Register / Vol. 77, No. 212 / Thursday, November 1, 2012 / Notices Consent Decree Library, U.S. DOJ– ENRD, P.O. Box 7611, Washington, DC 20044–7611. Please enclose a check or money order for $ 7.50 (25 cents per page reproduction cost) payable to the United States Treasury. Maureen Katz, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2012–26833 Filed 10–31–12; 8:45 am] BILLING CODE 4410–15–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Patricia D. Rausch, Advisory Committee Management Officer, National Aeronautics and Space Administration. [Notice 12–090] NASA International Space Station Advisory Committee; Meeting [FR Doc. 2012–26813 Filed 10–31–12; 8:45 am] BILLING CODE 7510–13–P National Aeronautics and Space Administration (NASA). ACTION: Notice of Meeting. AGENCY: In accordance with the Federal Advisory Committee Act, Public Law 92–463, as amended, the National Aeronautics and Space Administration announces an open meeting of the NASA International Space Station (ISS) Advisory Committee. The purpose of the meeting is to assess NASA and Roscosmos continuing plans to support a six-person crew aboard the International Space Station, including transportation, and crew rotation; and, to assess the possibilities for using the ISS for future space exploration. DATES: December 3, 2012, 1:00–2:00 p.m. Local Time. ADDRESSES: NASA Headquarters, 300 E Street, SW., Room 7H45/65 [MIC–7A], Washington, DC 20546. FOR FURTHER INFORMATION CONTACT: Dr. J. Donald Miller, Office of International and Interagency Relations, (202) 358– 1527, National Aeronautics and Space Administration, Washington, DC 20546– 0001. SUPPLEMENTARY INFORMATION: It is imperative that the meeting be held on this date to accommodate the scheduling priorities of the key participants. This meeting will be open to the public up to the seating capacity of the room. Attendees will be requested to sign a register and to comply with NASA security requirements, including the presentation of a valid picture ID to Security before access to NASA Headquarters. Foreign nationals attending this meeting will be required to provide a copy of their passport and visa in addition to providing the following information no less than 10 pmangrum on DSK3VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 11:20 Oct 31, 2012 Jkt 229001 working days prior to the meeting: full name; gender; date/place of birth; citizenship; visa information (number, type, expiration date); passport information (number, country, expiration date); employer/affiliation information (name of institution, address, country, telephone); title/ position of attendee; and home address to Dr. Miller via email at j.d.miller@nasa.gov or by telephone at (202) 358–1527 or fax at (202) 358–3030. U.S. citizens and permanent residents (green card holders) are requested to submit their name and affiliation 3 working days prior to the meeting to Dr. Miller. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice 12–089] NASA Advisory Council; Education and Public Outreach Committee; Meeting National Aeronautics and Space Administration. ACTION: Notice of meeting. AGENCY: In accordance with the Federal Advisory Committee Act, Public Law 92–463, as amended, the National Aeronautics and Space Administration announces a meeting of the Education and Public Outreach Committee of the NASA Advisory Council (NAC). DATES: Tuesday, November 27, 2012, 8:30 a.m. to 5:00 p.m., Local Time. ADDRESSES: NASA Marshall Space Flight Center, Building 4200, Room 504, Marshall Space Flight Center, AL 35812. FOR FURTHER INFORMATION CONTACT: This meeting will also take place telephonically and via WebEx. Any interested person should contact Ms. Erika G. Vick, Executive Secretary for the Education and Public Outreach Committee, National Aeronautics and Space Administration, Washington, DC 20546, at Erika.vick-1@nasa.gov, no later than 4:00 p.m., local time, November 23, 2012, to get further information about participating via teleconference and/or WebEx. SUPPLEMENTARY INFORMATION: The agenda for the meeting includes the following topics: • NASA Marshall Space Flight Center Education/Public Outreach Presentations SUMMARY: PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 The meeting will be open to the public up to the seating capacity of the room. It is imperative that the meeting be held on this date to accommodate the scheduling priorities of the key participants. All U.S. citizens desiring to attend the NASA Advisory Council (NAC) meeting at the Marshall Space Flight Center (MSFC) must provide his or her full name, company affiliation (if applicable), citizenship, place of birth, and date of birth to the MSFC Protective Services Office no later than the close of business on November 19, 2012. All non-U.S. citizens must submit his or her name, current address, citizenship, company affiliation (if applicable) to include address, telephone number, and title, place of birth, date of birth, U.S. visa information to include type, number, and expiration date, U.S. Social Security Number (if applicable), Permanent Resident card number and expiration date (if applicable), place and date of entry into the U.S., and passport information to include country of issue, number, and expiration date to the MSFC Protective Services Office no later than the close of business on November 12, 2012. If the above information is not received by the noted dates, attendees should expect a minimum delay of two (2) hours. All visitors to this meeting will be required to process in through the Redstone/MSFC Joint Visitor Control Center located on Rideout Road, north of Gate 9 prior to entering MSFC. Please provide the appropriate data, via fax 256–544–2101, noting at the top of the page ‘‘Public Admission to the NASA Advisory Council (NAC) Meeting.’’ For security questions, please call Becky Hopson at 256–544–4541. Patricia D. Rausch, Advisory Committee Management Officer, National Aeronautics and Space Administration. [FR Doc. 2012–26814 Filed 10–31–12; 8:45 am] BILLING CODE 7510–13–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice 12–087] NASA Advisory Council; Human Exploration and Operations Committee; Meeting National Aeronautics and Space Administration. ACTION: Notice of meeting AGENCY: In accordance with the Federal Advisory Committee Act, Public Law 92–462, as amended, the National Aeronautics and Space Administration (NASA) announces a meeting of the SUMMARY: E:\FR\FM\01NON1.SGM 01NON1

Agencies

Department of Justice

[Federal Register Volume 77, Number 212 (Thursday, November 1, 2012)]
[Notices]
[Pages 66081-66082]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26833]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean Air 
Act

    On October 25, 2012, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Western 
District of Michigan in the lawsuit entitled United States v. Kellogg 
USA, Inc., et al., Civil Action No. 1:12-cv-01164.
    In a Complaint filed the same day under the Clean Air Act (Act), 
the United States seeks injunctive relief and civil penalties regarding 
the Prevention of Significant Deterioration (PSD) and Title V 
provisions of the Act, and PSD provisions of the Michigan State 
Implementation Plan, for violations at Kellogg's cereal and snack food 
manufacturing plants located in Battle Creek, Michigan and Grand 
Rapids, Michigan. The proposed Consent Decree requires Kellogg to 
reduce its Volatile Organic Compound permit levels at both facilities, 
perform a mitigation project (costing more than $435,000) to replace a 
cooling and dehumidifying system that uses the refrigerant R-22 with a 
chilled water system that does not use R-22, and pay a $500,000 civil 
penalty.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States v. Kellogg USA, Inc., et al., D.J. Ref. 
No. 90-5-2-1-09637. All comments must be submitted no later than thirty 
(30) days after the publication date of this notice. Comments may be 
submitted either by email or by mail:

------------------------------------------------------------------------
          To submit comments:                     Send them to:
------------------------------------------------------------------------
By email...............................  pubcomment-ees.enrd@usdoj.gov.
By mail................................  Assistant Attorney General,
                                          U.S. DOJ-ENRD, P.O. Box 7611,
                                          Washington, DC 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department Web site: https://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy 
of the Consent Decree upon written request and payment of reproduction 
costs. Please mail your request and payment to:


[[Page 66082]]


Consent Decree Library, U.S. DOJ-ENRD, P.O. Box 7611, Washington, DC 
20044-7611.

    Please enclose a check or money order for $ 7.50 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2012-26833 Filed 10-31-12; 8:45 am]
BILLING CODE 4410-15-P

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