Certain Table Saws Incorporating Active Injury Mitigation Technology and Components Thereof; Issuance of a Limited Exclusion Order and a Cease and Desist Order; Termination of the Investigation, 9075-9076 [2017-02178]

Download as PDF Federal Register / Vol. 82, No. 21 / Thursday, February 2, 2017 / Notices Secretary to submit a report to Congress within 120 days of enactment (by April 14, 2017) on programmatic goals to address the deferred maintenance needs of Indian dams and funding prioritization criteria for distributing funds from the High-Hazard Indian Dam Safety Deferred Maintenance Fund and the Low-Hazard Indian Dam Safety Deferred Maintenance Fund. Section 3101 establishes a program to address the deferred maintenance needs of Indian dams and authorizes $32.75 million per year ($22.75 million designated for high- and significanthazard potential dams and $10 million designated for low-hazard potential dams), plus accrued interest, for each of the fiscal years 2017 through 2023. Subject to appropriation, the funds would be available to carry out maintenance, repair, and replacement activities for qualified Indian dams. Eligible high-hazard potential dams are those included in the safety of dams program established under the Indian Dams Safety Act of 1994 that are either: (1) Owned by the Federal Government and managed by BIA, including dams managed under Indian SelfDetermination contracts or compacts; or (2) have deferred maintenance documented by BIA. Eligible low-hazard potential dams are those covered under the Indian Dams Safety Act of 1994 and are either: (1) Owned by the Federal Government and managed by BIA, including dams managed under Indian Self-Determination contracts or compacts; or (2) have deferred maintenance documented by BIA. 9075 II. Tribal Consultation Sessions The BIA will be hosting three inperson Tribal consultation sessions. Additionally, two webinars will be held for Tribes unable to make an in-person session. Tribes were notified of these consultation sessions by letter. Tribes potentially affected by the Indian Dam Safety component of the WIIN Act include all Tribes because, while BIA has an inventory of high-hazard potential dams, no such inventory yet exists for low-hazard potential dams. For this reason, BIA also asks that Tribes notify the person listed in the FOR FURTHER INFORMATION CONTACT section of this notice of any low-hazard potential dams subject to the Indian Dams Act of 1994. Tribal consultation sessions will be held on the following dates at the following locations: Date Time Location Monday, February 6, 2017 .............. 1 p.m.–5 p.m. Local Time ........... Wednesday, February 8, 2017 ........ 1 p.m.–5 p.m. Local Time ........... Friday, February 10, 2017 ............... 1 p.m.–5 p.m. Local Time ........... Monday, February 13, 2017 ............ Wednesday, February 15, 2017 ...... 1 p.m.–4 p.m. Eastern Time ....... 1 p.m.–4 p.m. Eastern Time ....... Bureau of Indian Affairs, Medicine Wheel Room—Third Floor, 2021 4th Avenue North, Billings, MT 59101. Indian Pueblo Cultural Center, Silver/Turquoise Conference Room, 2401 12th Street NW., Albuquerque, NM 87104. Bureau of Indian Affairs, Federal Building Auditorium, 911 NE 11th Avenue, Portland, OR 97232. Call-in number: (888) 810–4934, Passcode: 7199390. Call-in number: (888) 810–4934, Passcode: 7199390. BIA is developing drafts of the programmatic goals and funding prioritization criteria for discussion at the consultation sessions. These documents will be available at https:// www.bia.gov/WhoWeAre/BIA/OTS/ IPSOD/index.htm by January 23, 2017 to allow time to review prior to the first session. Dated: January 27, 2017. Michael S. Black, Acting Assistant Secretary—Indian Affairs. [FR Doc. 2017–02200 Filed 2–1–17; 8:45 am] BILLING CODE 4337–15–P INTERNATIONAL TRADE COMMISSION mstockstill on DSK3G9T082PROD with NOTICES [Investigation No. 337–TA–965] Certain Table Saws Incorporating Active Injury Mitigation Technology and Components Thereof; Issuance of a Limited Exclusion Order and a Cease and Desist Order; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade SUMMARY: VerDate Sep<11>2014 16:31 Feb 01, 2017 Jkt 241001 Commission has issued a limited exclusion order against certain products of Robert Bosch Tool Corporation and Robert Bosch GmbH, and a cease and desist order against Robert Bosch Tool Corporation. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708–5468. 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 (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. PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 The Commission instituted this investigation on September 1, 2015, based on a complaint filed by SawStop, LLC, and SD3, LLC (together, ‘‘SawStop’’). 80 FR 52791–92 (Sept. 1, 2015). The amended 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 table saws incorporating active injury mitigation technology and components thereof by reason of infringement of certain claims of United States Patent Nos. 7,225,712 (‘‘the ’712 patent’’); 7,600,455 (‘‘the ’455 patent’’); 7,610,836 (‘‘the ’836 patent’’); 7,895,927 (‘‘the ’927 patent’’); 8,011,279 (‘‘the ’279 patent’’); and 8,191,450 (‘‘the ’450 patent’’). The notice of investigation named as respondents Robert Bosch Tool Corp. of Mount Prospect, Illinois, and Robert Bosch GmbH of BadenWuerttemberg, Germany (together, ‘‘Bosch’’). Id. at 52792. The Office of Unfair Import Investigations is not a party to the investigation. Id. The Commission terminated the investigation with respect to the ’836 and ’450 patents based on SawStop’s withdrawal of allegations concerning SUPPLEMENTARY INFORMATION: E:\FR\FM\02FEN1.SGM 02FEN1 mstockstill on DSK3G9T082PROD with NOTICES 9076 Federal Register / Vol. 82, No. 21 / Thursday, February 2, 2017 / Notices those patents. Order No. 8 (Mar. 10, 2016), not reviewed, Notice (Apr. 4, 2016); Order No. 13 (May 3, 2016), not reviewed, Notice (May 23, 2016). On January 27, 2016, SawStop moved for a summary determination that it satisfied the economic prong of the domestic industry requirement. On February 8, 2016, Bosch indicated that it did not oppose the motion. On March 22, 2016, the ALJ granted the unopposed motion and determined that SawStop satisfied the economic prong of the domestic industry requirement. Order No. 10 (Mar. 22, 2016), not reviewed, Notice (Apr. 21, 2016). On September 9, 2016, the ALJ issued his final initial determination finding a violation of section 337 with respect to the ’927 and ’279 patents, and no violation of section 337 with respect to the ’712 and ’455 patents. Specifically, he found that Bosch did not directly or contributorily infringe the ’712 and ’455 patents, but found that Bosch’s REAXX table saw directly infringed the ’927 and ’279 patents and that Bosch’s activation cartridges contributorily infringed the ’927 and ’279 patents. He also found that Bosch had failed to show that any of the patent claims were invalid, and that SawStop satisfied the domestic industry requirement with respect to all four patents. Based on these findings, on September 20, 2016, the ALJ recommended that a limited exclusion order issue against Bosch’s infringing products, that a cease and desist order issue against Robert Bosch Tool Corporation, and that the bond during the period of Presidential review be set at zero percent. He also recommended that the scope of the exclusion order and cease and desist order specifically cover the contributorily infringing activation cartridges. On September 26, 2016, SawStop and Bosch each petitioned for review of the ID. On October 4, 2016, the parties opposed each other’s petitions. On November 10, 2016, the Commission determined not to review the ID, and requested briefing from the parties and the public on the issues of remedy, the public interest, and bonding. The Commission received responsive submissions from SawStop, Bosch, and the PowerTool Institute, Inc. on November 22, 2016, and reply submissions from SawStop and Bosch on December 2, 2016. The Commission has determined that the appropriate remedy is a limited exclusion order prohibiting the entry of table saws incorporating active injury mitigation technology and components thereof that infringe claims 8 and 12 of the ’927 patent and claims 1, 6, 16, and 17 of the ’279 patent, and an order that VerDate Sep<11>2014 16:31 Feb 01, 2017 Jkt 241001 Robert Bosch Tool Corp. cease and desist from importing, selling, marketing, advertising, distributing, offering for sale, transferring (except for exportation), or soliciting U.S. agents or distributors of imported table saws incorporating active injury mitigation technology and components thereof that infringe claims 8 and 12 of U.S. Patent the ’927 patent and claims 1, 6, 16, and 17 of the ’279 patent. The Commission has determined that the public interest factors enumerated in section 337(d) and (f), 19 U.S.C. 1337(d) and (f), do not preclude the issuance of the limited exclusion order or cease and desist order. The Commission has determined that bonding at zero percent of entered value is required during the period of Presidential review, 19 U.S.C. 1337(j). Commissioner Kieff dissents as to the bond determination, and writes separately to explain his views both concerning the basis for issuing the cease and desist order and for making the bond determination. The investigation is terminated. The Commission’s order and opinion were delivered to the President and the United States Trade Representative on the day of their issuance. 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 part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: January 27, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017–02178 Filed 2–1–17; 8:45 am] BILLING CODE 7020–02–P holds and to pay a $385,000 civil penalty. The publication of this notice opens a period for public comment on the proposed 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. EMD Millipore Corporation, Civil Action No. 1:17–cv–34, D.J. Ref. 90–5–1–1– 11441. 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. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ......... During the public comment period, the proposed Consent Decree may be examined and downloaded at this Justice Department Web site: https:// www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the proposed 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 $11.75 (25 cents per page reproduction cost) payable to the United States Treasury. Robert E. Maher Jr., Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2017–02241 Filed 2–1–17; 8:45 am] DEPARTMENT OF JUSTICE BILLING CODE 4410–15–P Notice of Lodging of Proposed Consent Decree Under the Clean Water Act DEPARTMENT OF JUSTICE On January 30, 2017, a proposed Consent Decree in United States of America v. EMD Millipore Corporation, Civil Action No. 1:17–cv–34, was filed with the United States District Court for New Hampshire. The proposed Consent Decree between the parties resolves the United States’ claims that EMD Millipore violated the Clean Water Act and permits it holds under the Act at EMD Millipore’s manufacturing facility in Jaffrey, New Hampshire. The proposed Consent Decree requires EMD Millipore to undertake work at its facility to comply with the Act and the permits it PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 Notice of Extension to Public Comment Period for Consent Decree Under the Clean Air Act On December 20, 2016, the Department of Justice lodged a proposed Second Partial Consent Decree with the United States District Court for the Northern District of California in the lawsuit entitled In re: Volkswagen ‘‘Clean Diesel’’ Marketing, Sales Practices, and Products Liability Litigation, Case No: MDL No. 2672 CRB (JSC). This Second Partial Consent Decree (‘‘Decree’’) is entered into between the United States, California, and all defendants (collectively, E:\FR\FM\02FEN1.SGM 02FEN1

Agencies

[Federal Register Volume 82, Number 21 (Thursday, February 2, 2017)]
[Notices]
[Pages 9075-9076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02178]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-965]


Certain Table Saws Incorporating Active Injury Mitigation 
Technology and Components Thereof; Issuance of a Limited Exclusion 
Order and a Cease and Desist Order; Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has issued a limited exclusion order against certain 
products of Robert Bosch Tool Corporation and Robert Bosch GmbH, and a 
cease and desist order against Robert Bosch Tool Corporation. The 
investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-5468. 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 (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 September 1, 2015, based on a complaint filed by SawStop, LLC, and 
SD3, LLC (together, ``SawStop''). 80 FR 52791-92 (Sept. 1, 2015). The 
amended 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 table saws incorporating active injury 
mitigation technology and components thereof by reason of infringement 
of certain claims of United States Patent Nos. 7,225,712 (``the '712 
patent''); 7,600,455 (``the '455 patent''); 7,610,836 (``the '836 
patent''); 7,895,927 (``the '927 patent''); 8,011,279 (``the '279 
patent''); and 8,191,450 (``the '450 patent''). The notice of 
investigation named as respondents Robert Bosch Tool Corp. of Mount 
Prospect, Illinois, and Robert Bosch GmbH of Baden-Wuerttemberg, 
Germany (together, ``Bosch''). Id. at 52792. The Office of Unfair 
Import Investigations is not a party to the investigation. Id.
    The Commission terminated the investigation with respect to the 
'836 and '450 patents based on SawStop's withdrawal of allegations 
concerning

[[Page 9076]]

those patents. Order No. 8 (Mar. 10, 2016), not reviewed, Notice (Apr. 
4, 2016); Order No. 13 (May 3, 2016), not reviewed, Notice (May 23, 
2016).
    On January 27, 2016, SawStop moved for a summary determination that 
it satisfied the economic prong of the domestic industry requirement. 
On February 8, 2016, Bosch indicated that it did not oppose the motion. 
On March 22, 2016, the ALJ granted the unopposed motion and determined 
that SawStop satisfied the economic prong of the domestic industry 
requirement. Order No. 10 (Mar. 22, 2016), not reviewed, Notice (Apr. 
21, 2016).
    On September 9, 2016, the ALJ issued his final initial 
determination finding a violation of section 337 with respect to the 
'927 and '279 patents, and no violation of section 337 with respect to 
the '712 and '455 patents. Specifically, he found that Bosch did not 
directly or contributorily infringe the '712 and '455 patents, but 
found that Bosch's REAXX table saw directly infringed the '927 and '279 
patents and that Bosch's activation cartridges contributorily infringed 
the '927 and '279 patents. He also found that Bosch had failed to show 
that any of the patent claims were invalid, and that SawStop satisfied 
the domestic industry requirement with respect to all four patents. 
Based on these findings, on September 20, 2016, the ALJ recommended 
that a limited exclusion order issue against Bosch's infringing 
products, that a cease and desist order issue against Robert Bosch Tool 
Corporation, and that the bond during the period of Presidential review 
be set at zero percent. He also recommended that the scope of the 
exclusion order and cease and desist order specifically cover the 
contributorily infringing activation cartridges.
    On September 26, 2016, SawStop and Bosch each petitioned for review 
of the ID. On October 4, 2016, the parties opposed each other's 
petitions. On November 10, 2016, the Commission determined not to 
review the ID, and requested briefing from the parties and the public 
on the issues of remedy, the public interest, and bonding. The 
Commission received responsive submissions from SawStop, Bosch, and the 
PowerTool Institute, Inc. on November 22, 2016, and reply submissions 
from SawStop and Bosch on December 2, 2016.
    The Commission has determined that the appropriate remedy is a 
limited exclusion order prohibiting the entry of table saws 
incorporating active injury mitigation technology and components 
thereof that infringe claims 8 and 12 of the '927 patent and claims 1, 
6, 16, and 17 of the '279 patent, and an order that Robert Bosch Tool 
Corp. cease and desist from importing, selling, marketing, advertising, 
distributing, offering for sale, transferring (except for exportation), 
or soliciting U.S. agents or distributors of imported table saws 
incorporating active injury mitigation technology and components 
thereof that infringe claims 8 and 12 of U.S. Patent the '927 patent 
and claims 1, 6, 16, and 17 of the '279 patent. The Commission has 
determined that the public interest factors enumerated in section 
337(d) and (f), 19 U.S.C. 1337(d) and (f), do not preclude the issuance 
of the limited exclusion order or cease and desist order. The 
Commission has determined that bonding at zero percent of entered value 
is required during the period of Presidential review, 19 U.S.C. 
1337(j). Commissioner Kieff dissents as to the bond determination, and 
writes separately to explain his views both concerning the basis for 
issuing the cease and desist order and for making the bond 
determination. The investigation is terminated.
    The Commission's order and opinion were delivered to the President 
and the United States Trade Representative on the day of their 
issuance.
    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 part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: January 27, 2017.
 Lisa R. Barton,
 Secretary to the Commission.
[FR Doc. 2017-02178 Filed 2-1-17; 8:45 am]
 BILLING CODE 7020-02-P
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