Certain Crawler Cranes and Components Thereof; Institution of Investigation Pursuant to United States Code, 42800-42801 [2013-17081]
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Federal Register / Vol. 78, No. 137 / Wednesday, July 17, 2013 / Notices
Public Disclosure of Comments
Before including your 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: July 11, 2013.
Glen Knowles,
Chief, Adaptive Management Work Group,
Upper Colorado Regional Office, Salt Lake
City, Utah.
[FR Doc. 2013–17150 Filed 7–16–13; 8:45 am]
BILLING CODE 4310–MN–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–887]
Certain Crawler Cranes and
Components Thereof; Institution of
Investigation Pursuant to United States
Code
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on June
12, 2013, under section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, on behalf of Manitowoc Cranes,
LLC of Manitowoc, Wisconsin. The
complaint alleges violations of section
337 based upon the importation into the
United States, the sale for importation,
and the sale within the United States
after importation of certain crawler
cranes and components thereof by
reason of infringement of U.S. Patent
No. 7,546,928 (‘‘the ’928 patent’’) and
U.S. Patent No. 7,967,158 (‘‘the ’158
patent’’), and that an industry in the
United States exists or is in the process
of being established as required by
subsection (a)(2) of section 337. The
complaint further alleges violations of
section 337 based upon the importation
into the United States, the sale for
importation, and the sale within the
United States after importation of
certain crawler cranes and components
thereof by reason of trade secret
misappropriation, the threat or effect of
which is to destroy or substantially
injure an industry in the United States
or to prevent the establishment of such
an industry.
ehiers on DSK2VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
14:23 Jul 16, 2013
Jkt 229001
The complainant requests that the
Commission institute an investigation
and, after the investigation, issue a
limited exclusion order and cease and
desist orders.
ADDRESSES: The complaint, except for
any confidential information contained
therein, is 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., Room
112, Washington, DC 20436, telephone
(202) 205–2000. Hearing impaired
individuals are advised that information
on this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810. Persons
with mobility impairments who will
need special assistance in gaining access
to the Commission should contact the
Office of the Secretary at (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.
FOR FURTHER INFORMATION CONTACT: The
Office of Unfair Import Investigations,
U.S. International Trade Commission,
telephone (202) 205–2560.
Authority: The authority for institution of
this investigation is contained in section 337
of the Tariff Act of 1930, as amended, and
in section 210.10 of the Commission’s Rules
of Practice and Procedure, 19 CFR 210.10
(2013).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
July 11, 2013, ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine:
(a) whether there is a violation of
subsection (a)(1)(B) of section 337 in the
importation into the United States, the
sale for importation, or the sale within
the United States after importation of
certain crawler cranes and components
thereof by reason of infringement of one
or more of claims 1, 2, and 5 of the ’928
patent and claim 1 of the ’158 patent,
and whether an industry in the United
States exists or is in the process of being
established as required by subsection
(a)(2) of section 337;
(b) whether there is a violation of
subsection (a)(1)(A) of section 337 in the
importation into the United States, the
sale for importation, or the sale within
the United States after importation of
certain crawler cranes and components
thereof by reason of the
misappropriation of trade secrets, the
PO 00000
Frm 00054
Fmt 4703
Sfmt 4703
threat or effect of which is to destroy or
substantially injure an industry in the
United States or to prevent the
establishment of such an industry;
(2) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
this notice of investigation shall be
served:
(a) The complainant is: Manitowoc
Cranes, LLC, 400 South 44th Street,
Manitowoc, WI 54221.
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the complaint is to be served:
Sany Heavy Industry Co., Ltd., Sany
Industry Town, Economic &
Technological Development Zone,
Changsha, Hunan Province, China.
Sany America, Inc., 318 Cooper Circle,
Peachtree City, GA 30269.
(c) The Office of Unfair Import
Investigations, U.S. International Trade
Commission, 500 E Street SW., Suite
401, Washington, DC 20436;
(3) For the investigation so instituted,
the Chief Administrative Law Judge,
U.S. International Trade Commission,
shall designate the presiding
Administrative Law Judge.
Responses to the complaint and the
notice of investigation must be
submitted by the named respondents in
accordance with section 210.13 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.13. Pursuant to
19 CFR 201.16(e) and 210.13(a), such
responses will be considered by the
Commission if received not later than 20
days after the date of service by the
Commission of the complaint and the
notice of investigation. Extensions of
time for submitting responses to the
complaint and the notice of
investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely
response to each allegation in the
complaint and in this notice may be
deemed to constitute a waiver of the
right to appear and contest the
allegations of the complaint and this
notice, and to authorize the
administrative law judge and the
Commission, without further notice to
the respondent, to find the facts to be as
alleged in the complaint and this notice
and to enter an initial determination
and a final determination containing
such findings, and may result in the
issuance of an exclusion order or a cease
and desist order or both directed against
the respondents.
By order of the Commission.
E:\FR\FM\17JYN1.SGM
17JYN1
Federal Register / Vol. 78, No. 137 / Wednesday, July 17, 2013 / Notices
Issued: July 11, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013–17081 Filed 7–16–13; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
ehiers on DSK2VPTVN1PROD with NOTICES
Notice of Lodging of Proposed
Consent Decree Under the
Comprehensive Environmental
Response, Compensation, and Liability
Act
On July 9, 2013, the Department of
Justice lodged a proposed Consent
Decree with the United States District
Court for the Southern District of
Florida, Southern Division in the
lawsuit entitled United States of
America v. Stewart Gammill III. Civil
Action No. 1:12cv134 HSO–RHW.
The United States had filed a
complaint against Stewart Gammill (Mr.
Gammill) and his spouse Lynn Crosby
Gammill (Mrs. Gammill) on April 30,
2012. The complaint alleged claims of
the United States against Mr. and Mrs.
Gammill under Section 107(a) of the
Comprehensive Environmental
Response, Compensation and Liability
Act, as amended (CERCLA), 42 U.S.C.
9607(a), for recovery of unreimbursed
costs incurred by the United States with
respect to the Picayune Wood Treating
Superfund Site located in Picayune,
Pearl River County, Mississippi (the
Site). Mr. Gammill is liable as a past
owner and operator of Crosby Wood
Preserving Company a woodtreating
facility on a portion of the Site from
1964 through at least 1970.
The United States has agreed to
resolve the claims against Stewart
Gammill only on an ability to pay basis.
Under the proposed Consent Decree,
Mr. Gammill will pay two million
dollars ($2,000,000) in no more than
two installments with the first
installment payment of no less than one
million dollars ($1,000,000) due within
60 days of the Decree entry. The
subsequent installment payment of the
remaining balance is due 120 days after
the effective date and shall include an
additional sum for interest accrued on
the unpaid portion of the principal
amount.
Under the proposed Consent Decree,
the United States covenants not to sue
under CERCLA Sections 106 and 107
subject to statutory reopeners and other
reserved rights. The covenants are
conditioned upon the satisfactory
performance of all obligations under the
Consent Decree and upon the veracity
and completeness of all financial
information provided by Mr. Gammill.
VerDate Mar<15>2010
14:23 Jul 16, 2013
Jkt 229001
The United States is still pursuing its
claim against Mrs. Gammill in this
action.
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 of America v. Stewart
Gammill III. Civil Action No. 1:12cv134
HSO–RHW; D.J. Ref. No. 90–11–2–
09451/1. 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:
Send them to:
By email .......
By mail .........
pubcommentees.enrd@usdoj.gov.
Assistant Attorney General,
U.S. DOJ—ENRD,
P.O. Box 7611,
Washington, D.C. 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:
Consent Decree Library, U.S. DOJ B
ENRD, P.O. Box 7611, Washington, DC
20044–7611.
Please enclose a check or money order
for $4.75 (25 cents per page
reproduction costs for 19 pages) payable
to the United States Treasury.
Maureen M. Katz,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. 2013–17080 Filed 7–16–13; 8:45 am]
1319(e), Civil Action No. 7:13-cv-144–
BO. The Consent Decree resolves claims
against the Defendants under Sections
301 and 402 of the Clean Water Act (the
‘‘Act’’), 33 U.S.C. 1311 and 1342, for
discharges of pollutants from
unpermitted point sources, and for
violations of operation and maintenance
requirements of the Defendants’
National Pollutant Discharge
Elimination System (‘‘NPDES’’) permits
from at least 2003 through the date of
filing of the complaint and the lodging
of this Consent Decree. The Consent
Decree requires the Cape Fear Public
Utility Authority (the ‘‘Authority’’) to
implement injunctive relief within
approximately two years from entry of
the Consent Decree with the goal of
eliminating sanitary sewer overflows
(‘‘SSOs’’). The Consent Decree sets forth
specific actions the Authority must take
to achieve compliance with the Act. In
addition, the Consent Decree requires
the payment of a civil penalty of
$300,000.
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. City of Wilmington,
New Hanover County, and Cape Fear
Public Utility Authority,(the
‘‘Defendants’’) and the State of North
Carolina, D.O.J. No. 90–5–1–1–09405.
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 .........
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the Clean Water
Act
On July 11, 2013, the Department of
Justice lodged a proposed Consent
Decree with the United States District
Court for the Eastern District of North
Carolina (Southern Division) in the
lawsuit entitled United States v. City of
Wilmington, N.C., New Hanover County,
N.C., and Cape Fear Public Utility
Authority, (the ‘‘Defendants’’) and the
State of North Carolina, as a Necessary
Party required by 33 U.S.C. Section
PO 00000
Frm 00055
Fmt 4703
Sfmt 4703
42801
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:
Consent Decree Library, U.S. DOJ—
ENRD, P.O. Box 7611, Washington, DC
20044–7611.
Please enclose a check or money order
for $14.75 (25 cents per page
E:\FR\FM\17JYN1.SGM
17JYN1
]]>Agencies
[Federal Register Volume 78, Number 137 (Wednesday, July 17, 2013)]
[Notices]
[Pages 42800-42801]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17081]
=======================================================================
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-887]
Certain Crawler Cranes and Components Thereof; Institution of
Investigation Pursuant to United States Code
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on June 12, 2013, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Manitowoc Cranes, LLC of Manitowoc, Wisconsin. The complaint alleges
violations of section 337 based upon the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain crawler cranes and components thereof by
reason of infringement of U.S. Patent No. 7,546,928 (``the '928
patent'') and U.S. Patent No. 7,967,158 (``the '158 patent''), and that
an industry in the United States exists or is in the process of being
established as required by subsection (a)(2) of section 337. The
complaint further alleges violations of section 337 based upon the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain crawler
cranes and components thereof by reason of trade secret
misappropriation, the threat or effect of which is to destroy or
substantially injure an industry in the United States or to prevent the
establishment of such an industry.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue a limited exclusion
order and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, is 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., Room 112, Washington,
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are
advised that information on this matter can be obtained by contacting
the Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (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.
FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import
Investigations, U.S. International Trade Commission, telephone (202)
205-2560.
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
and in section 210.10 of the Commission's Rules of Practice and
Procedure, 19 CFR 210.10 (2013).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on July 11, 2013, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine:
(a) whether there is a violation of subsection (a)(1)(B) of section
337 in the importation into the United States, the sale for
importation, or the sale within the United States after importation of
certain crawler cranes and components thereof by reason of infringement
of one or more of claims 1, 2, and 5 of the '928 patent and claim 1 of
the '158 patent, and whether an industry in the United States exists or
is in the process of being established as required by subsection (a)(2)
of section 337;
(b) whether there is a violation of subsection (a)(1)(A) of section
337 in the importation into the United States, the sale for
importation, or the sale within the United States after importation of
certain crawler cranes and components thereof by reason of the
misappropriation of trade secrets, the threat or effect of which is to
destroy or substantially injure an industry in the United States or to
prevent the establishment of such an industry;
(2) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is: Manitowoc Cranes, LLC, 400 South 44th
Street, Manitowoc, WI 54221.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Sany Heavy Industry Co., Ltd., Sany Industry Town, Economic &
Technological Development Zone, Changsha, Hunan Province, China.
Sany America, Inc., 318 Cooper Circle, Peachtree City, GA 30269.
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436;
(3) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission of the complaint and the notice
of investigation. Extensions of time for submitting responses to the
complaint and the notice of investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondents.
By order of the Commission.
[[Page 42801]]
Issued: July 11, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-17081 Filed 7-16-13; 8:45 am]
BILLING CODE 7020-02-P
