Notice of Lodging of Proposed Consent Decree Under the Clean Water Act, 46369 [2013-18404]
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Federal Register / Vol. 78, No. 147 / Wednesday, July 31, 2013 / Notices
Nos. 5,434,480 (‘‘the ’480 patent’’) and
8,035,318 (‘‘the ’318 patent’’). The
complaint named numerous
respondents, many of whom have been
terminated from the investigation on the
basis of settlement agreement, consent
order, or withdrawal of the complaint.
By the time of the Administrative Law
Judge’s final Initial Determination
(‘‘ID’’), the remaining respondents were:
Technical Consumer Products, Inc. of
Aurora, Ohio; Shanghai Qiangling
Electronics Co., Ltd. of Shanghai, China;
Zhejiang Qiang Ling Electronic Co. Ltd.
of Zhenjiang, China (collectively,
‘‘TCP’’); U Lighting America Inc. of San
Jose, California (‘‘ULA’’); and Golden U
Lighting Manufacturing (Shenzhen) of
Shenzhen, China (‘‘Golden U’’). Claim 9
of the ’480 patent has been asserted
against ULA and Golden U, and claims
1 and 12 of the ’318 patent have been
asserted against TCP.
On February 27, 2013, the ALJ issued
his final Initial Determination (‘‘ID’’).
The ID found Golden U in default, but
found no violation of section 337 as to
all remaining respondents on the basis
of Neptun’s failure to satisfy the
economic prong of the domestic
industry requirement of section 337.
The ALJ also found that respondent
TCP’s accused products do not infringe
the asserted claims of the ’318 patent.
On March 12, 2013, Neptun filed a
petition for review of the ID; TCP and
ULA each filed a contingent petition for
review of the ID. On March 20, 2013,
Neptun opposed TCP’s and ULA’s
petitions, and TCP and ULA each
opposed Neptun’s petition. On April 3,
2013, the Commission extended the
whether-to-review deadline and the
target date by approximately six weeks.
Notice (Apr. 3, 2013).
On June 10, 2013, Neptun and TCP
filed an unopposed joint motion to
terminate the investigation as to TCP on
the basis of a settlement agreement
between Neptun and TCP. On June 12,
2013, the Commission issued a notice
terminating the investigation as to TCP.
That notice also determined to review,
inter alia, the ALJ’s finding that Neptun
did not demonstrate the existence of a
domestic industry. On June 25, 2013,
Neptun and ULA filed briefs in response
to the Commission notice. Neptun and
ULA subsequently requested extensions
of time for the filing of replies in order
to enable them to submit a motion
terminating the investigation against
ULA.
On July 10, 2013, Neptun and ULA
moved to terminate the investigation
against ULA on the basis of a settlement
agreement. On July 15, 2013, Neptun
moved to terminate the investigation
against Golden U on the basis of
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16:14 Jul 30, 2013
Jkt 229001
withdrawal of the complaint.
Termination against these two
respondents results in termination of
the investigation. The Commission has
determined that termination as to the
remaining respondents is in the public
interest, and the Commission has
determined to grant both motions. The
Commission thereby terminates 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 210.42–46 of the
Commission’s Rules of Practice and
Procedure (19 CFR 210.21, 210.42–46).
By order of the Commission.
Issued: July 26, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
46369
The publication of this notice opens
a period for public comment on the
Consent Decree. Comments should be
addressed to the Acting Assistant
Attorney General, Environment and
Natural Resources Division, and should
refer to United States and State of Texas
v. San Antonio Water System, D.J. Ref.
No. 90–5–1–1–09215. 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 e-mail ......
pubcommentees.enrd@usdoj.gov.
Acting Assistant Attorney
General, U.S. DOJ—ENRD,
P.O. Box 7611, Washington, D.C. 20044–7611.
By mail .........
[FR Doc. 2013–18392 Filed 7–30–13; 8:45 am]
During the public comment period,
the Consent Decree may be examined
and downloaded at this Justice
Department Web site: https://
DEPARTMENT OF JUSTICE
www.usdoj.gov/enrd/
Consent_Decrees.html. We will provide
Notice of Lodging of Proposed
a paper copy of the Consent Decree
Consent Decree Under the Clean Water upon written request and payment of
Act
reproduction costs. Please mail your
request and payment to: Consent Decree
On July 23, 2013, the Department of
Library, U.S. DOJ—ENRD, P.O. Box
Justice lodged a proposed Consent
7611, Washington, DC 20044–7611.
Decree with the United States District
Please enclose a check or money order
Court for the Western District of Texas
for $21.50 (25 cents per page
in the lawsuit entitled United States and
reproduction cost) payable to the United
State of Texas v. San Antonio Water
States Treasury for a copy of the
System, Civil Action No. 5:13–cv–
Consent Decree without the
00666.
Appendices, or a check or money order
This civil action for injunctive relief
for $39.00 for a copy of the Consent
and civil penalties was initiated
Decree with Appendices A–H.
pursuant to Sections 301 and 309 of the
Robert E. Maher, Jr.,
Clean Water Act (‘‘CWA’’), 33 U.S.C.
§§ 1311 and 1319, and provisions of the Assistant Section Chief, Environmental
Enforcement Section, Environment and
Texas Water Code (‘‘TWC’’) against the
Natural Resources Division.
San Antonio Water System (‘‘SAWS’’),
[FR Doc. 2013–18404 Filed 7–30–13; 8:45 am]
San Antonio, Bexar County, Texas, for:
(a) Discharges of pollutants, including
BILLING CODE 4410–15–P
discharges from unpermitted point
sources, in violation of Section 301 of
DEPARTMENT OF JUSTICE
the CWA, 33 U.S.C. § 1311, and
provisions of the TWC; and (b)
Drug Enforcement Administration
violations of effluent limitations and
other conditions established in National Importer of Controlled Substances;
Pollutant Discharge Elimination System Notice of Application; Research
(also known as Texas Pollutant
Triangle Institute
Discharge Elimination System or
Pursuant to Title 21 Code of Federal
TPDES) permits issued to SAWS. Under
Regulations 1301.34 (a), this is notice
the proposed Consent Decree, SAWS
has agreed to implement comprehensive that on March 20, 2013, Research
Triangle Institute, Poonam G. Pande,
injunctive relief measures designed to
address and eliminate illegal discharges Ph.D. RPH, RAC, Hermann Building,
East Institute Drive, P.O. Box 12194,
or sanitary sewer overflows and
Research Triangle Park, North Carolina
violations of effluent limits. SAWS will
27709, made application by renewal to
pay a $2.6 million civil penalty, which
the Drug Enforcement Administration
will be split between the United States
(DEA) for registration as an importer of
and the State.
BILLING CODE 7020–02–P
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[Federal Register Volume 78, Number 147 (Wednesday, July 31, 2013)]
[Notices]
[Page 46369]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18404]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act
On July 23, 2013, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Western
District of Texas in the lawsuit entitled United States and State of
Texas v. San Antonio Water System, Civil Action No. 5:13-cv-00666.
This civil action for injunctive relief and civil penalties was
initiated pursuant to Sections 301 and 309 of the Clean Water Act
(``CWA''), 33 U.S.C. Sec. Sec. 1311 and 1319, and provisions of the
Texas Water Code (``TWC'') against the San Antonio Water System
(``SAWS''), San Antonio, Bexar County, Texas, for: (a) Discharges of
pollutants, including discharges from unpermitted point sources, in
violation of Section 301 of the CWA, 33 U.S.C. Sec. 1311, and
provisions of the TWC; and (b) violations of effluent limitations and
other conditions established in National Pollutant Discharge
Elimination System (also known as Texas Pollutant Discharge Elimination
System or TPDES) permits issued to SAWS. Under the proposed Consent
Decree, SAWS has agreed to implement comprehensive injunctive relief
measures designed to address and eliminate illegal discharges or
sanitary sewer overflows and violations of effluent limits. SAWS will
pay a $2.6 million civil penalty, which will be split between the
United States and the State.
The publication of this notice opens a period for public comment on
the Consent Decree. Comments should be addressed to the Acting
Assistant Attorney General, Environment and Natural Resources Division,
and should refer to United States and State of Texas v. San Antonio
Water System, D.J. Ref. No. 90-5-1-1-09215. 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 e-mail........................... pubcomment-ees.enrd@usdoj.gov.
By mail............................. Acting 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--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
Please enclose a check or money order for $21.50 (25 cents per page
reproduction cost) payable to the United States Treasury for a copy of
the Consent Decree without the Appendices, or a check or money order
for $39.00 for a copy of the Consent Decree with Appendices A-H.
Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2013-18404 Filed 7-30-13; 8:45 am]
BILLING CODE 4410-15-P
