Notice of Lodging of Proposed Consent Decree Under the Clean Air Act, 12293-12294 [2019-06257]
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Federal Register / Vol. 84, No. 62 / Monday, April 1, 2019 / Notices
issues and recommended determination
(‘‘RD’’) on remedy, the public interest,
and bonding in this investigation. The
ID found a violation of Section 337 due
to infringement of the ’490 patent. ID at
197. The ID found no infringement and
hence no violation of Section 337 with
respect to the ’558 patent or the ’936
patent. Id. The ID found that Qualcomm
satisfied the technical and economic
prongs of the domestic industry
requirement with respect to the ’490
patent, but did not satisfy the technical
prong with respect to the ’558 patent or
the ’936 patent. Id. The ID also found
that it was not shown by clear and
convincing evidence that any asserted
claim was invalid. Id. The ALJ further
recommended that no limited exclusion
order or cease-and-desist order be
issued in this investigation due to their
prospective effects on competitive
conditions in the United States, national
security, and other public interest
concerns. RD at 199–200. The ALJ
recommended that bond be set at zeropercent of entered value during the
Presidential review period, if any. Id. at
201.
Apple and Qualcomm filed their
respective petitions for review on
October 15, 2018. The parties, including
OUII, filed their respective responses to
the petitions on October 23, 2018. The
parties also filed their submissions on
the public interest on October 31, 2018.
Intel Corporation, an interested third
party, submitted its comments on the
public interest on November 8, 2018.
On December 18, 2018, the
Commission determined to review the
final ID in part with respect to certain
findings regarding the ’490 patent. 83
FR 64875 (Dec. 18, 2018). The
Commission determined to review the
ID’s construction of the term ‘‘hold’’ and
its findings on infringement and the
technical prong of domestic industry to
the extent they may be affected by that
claim construction. Id. at 64876. The
Commission further determined to
review the ID’s findings as to whether
claim 31 of the ’490 patent is invalid as
obvious. Id. at 64876–77. The
Commission determined not to review
any of the ID’s findings with respect to
the ’558 patent, the ’936 patent, or the
economic prong of the domestic
industry requirement. Id. at 64876.
In the same notice, the Commission
asked the parties to brief issues of
remedy, the public interest, and
bonding. Id. at 64877. The Commission
also invited members of the public and
interested government agencies to
comment on the RD’s findings on the
public interest, remedy, and bonding.
Id. The Commission received a number
of public interest statements from third
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parties, including but not limited to
Intel Corporation; ACT/The App
Association; the American Antitrust
Institute; the American Conservative
Union; Americans for Limited
Government; the Club for Growth; the
Computer and Communications
Industry Association; Conservatives for
Property Rights; Frances Brevets;
Frontiers of Freedom; Innovation
Alliance; Inventors Digest; IP Europe;
Public Knowledge and Open Markets (a
joint submission); R Street Institute, the
Electronic Frontier Foundation, Engine
Advocacy, and Lincoln Network (a joint
submission), et al.; RED Technologies;
TiVo; certain members of the U.S.
Senate and the U.S. House of
Representatives; Hon. Paul Michel,
former Chief Judge, U.S. Court of
Appeals for the Federal Circuit; and
various professors of law or economics.
On March 19, 2019, while
Commission review was ongoing, the
parties informed the Commission of a
jury verdict in a parallel lawsuit in the
U.S. District Court for the Southern
District of California, Qualcomm Inc. v.
Apple Inc., Case No. 3:17–cv–01375
(S.D. Cal.). See Letter of D. Okun to D.
Johanson, Chairman, U.S. International
Trade Commission of March 19, 2019
(‘‘Qualcomm Letter’’); Respondent
Apple Inc.’s Request for Leave to
Submit a Supplemental Response to
Question D of the Commission’s
Questions on the Public Interest
(‘‘Apple Request’’). The jury found that
the accused Apple iPhones infringe
three Qualcomm patents. Qualcomm
Letter at 1–2. Two of those three
patents, the ’490 and ’936 patents, are
also part of this investigation. Id. The
jury was not asked to determine, nor did
it determine, whether any claim of the
’490, ’936, or ’949 patents is invalid as
obvious. Id.
In view of the jury’s verdict and
damages award, Apple requested leave
to supplement its response to the
Commission’s Question D on public
interest, as set forth in the Commission’s
notice of partial review. See 83 FR at
64877. Qualcomm filed an opposition to
Apple’s request. The Commission has
determined to grant Apple’s request for
the limited purpose of supplementing
the record with respect to the jury’s
verdict. Neither Apple’s nor
Qualcomm’s submissions affect the
outcome of this investigation or any
issue decided by the Commission.
On review of the submissions from
the parties and the public, the prior art,
the ID, and the evidence of record, the
Commission has determined: (1) The
term ‘‘hold’’ in claim 31 of the ’490
patent means ‘‘to prevent data from
traveling across the bus, or to store,
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12293
buffer, or accumulate data’’; and (2)
Apple has shown by clear and
convincing evidence that claim 31 of the
’490 patent is invalid as obvious over
U.S. Patent No. 9,329,671 (Heinrich) in
combination with U.S. Patent No.
8,160,000 (Balasubramanian), which
reflects knowledge in the art.
The Commission previously declined
to review, and therefore adopted, the
ID’s finding that there is no
infringement of either of the other two
patents asserted in this investigation,
the ’558 patent or the ’936 patent. 83 FR
at 64876. Accordingly, the Commission
has concluded that Complainant has not
shown a violation of Section 337 and no
remedial orders shall be issued, which
renders moot any issues of remedy, the
public interest, or bonding.
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: March 26, 2019.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2019–06209 Filed 3–29–19; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the Clean Air
Act
On March 25, 2019, the Department of
Justice lodged a proposed consent
decree with the United States District
Court for the District of Maine, in the
lawsuit entitled United States v. Global
Partners, LP, Global Companies LLC,
and Chelsea Sandwich LLP, Civil Action
No. 19–cv–00122.
The United States filed this lawsuit
under Section 113(a)(1) of the Clean Air
Act, 42 U.S.C. 7413(a)(1), and the Maine
state implementation plan. The United
States’ complaint seeks civil penalties
and injunctive relief arising from
alleged excess emissions of volatile
organic compounds (VOC) at the
defendants’ petroleum storage facility in
South Portland, Maine.
The consent decree requires the
defendants to pay a civil penalty of
$40,000, plus interest accruing from the
date of lodging to the payment date; to
perform a supplemental environmental
project involving the replacement of old
wood stoves with cleaner units, with a
minimum expenditure of $150,000; and
to perform certain measures at the
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Federal Register / Vol. 84, No. 62 / Monday, April 1, 2019 / Notices
facility to address past VOC emissions
and to limit future VOC emissions.
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. Global Partners LP, et
al., D.J. Ref. No. 90–5–2–1–11428. 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 consent decree may be examined
and downloaded at this Justice
Department website: https://
www.justice.gov/enrd/consent-decrees.
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 $6.50 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Robert Maher,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2019–06257 Filed 3–29–19; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF LABOR
Office of the Assistant Secretary for
Administration and Management;
Agency Information Collection
Activities; Extension Without Change;
Comment Request; DOL Generic
Solution for Solicitation for Funding
Opportunity Announcement
Responses
Notice of availability; request
for comments.
ACTION:
The Department of Labor
(DOL), as part of continuing
Departmental efforts to reduce
paperwork and respondent burden in
accordance with the Paperwork
Reduction Act of 1995 (PRA), is
SUMMARY:
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soliciting comments concerning a
proposed extension of the authorization
to conduct the DOL Generic Solution for
Solicitation for Funding Opportunity
Announcement Responses information
collection.
DATES: Submit written comments on or
before May 30, 2019.
ADDRESSES: Contact Michel Smyth by
telephone at 202–693–4129 (this is not
a toll-free number) or by email at DOL_
PRA_PUBLIC@dol.gov to request
additional information, including
requesting a copy of this Information
Collection Request (ICR).
Submit comments regarding this ICR,
including suggestions for reducing the
burden, by sending an email to DOL_
PRA_PUBLIC@dol.gov. Comments may
also be sent to Michel Smyth,
Departmental Clearance Officer, U.S.
Department of Labor, Office of the Chief
Information Officer, 200 Constitution
Avenue NW, Room N–1301,
Washington, DC 20210.
SUPPLEMENTARY INFORMATION: The DOL,
as part of its continuing effort to reduce
paperwork and respondent burden,
conducts a pre-clearance consultation
program to provide the general public
and Federal agencies an opportunity to
comment on proposed, revised, and
continuing information collections
before submitting them to the OMB.
This program helps to ensure requested
data can be provided in the desired
format, reporting burden (time and
financial resources) is minimized,
collection instruments are clearly
understood, and the impact of collection
requirements can be properly assessed.
Periodically the DOL solicits grant
applications by issuing a Funding
Opportunity Announcement. To ensure
grants are awarded to the applicant(s)
best suited to perform the functions of
the grant, applicants are generally
required to submit a two-part
application. The first part of DOL grant
applications consists of submitting
Standard Form 424, Application for
Federal Assistance. The second part of
a grant application usually requires a
technical proposal demonstrating the
applicant’s capabilities in accordance
with a statement of work and/or
selection criteria. This information
collection is subject to the PRA.
A Federal agency generally cannot
conduct or sponsor a collection of
information, and the public is generally
not required to respond to an
information collection, unless it is
approved by the Office of Management
and Budget (OMB) under the PRA and
displays a currently valid OMB Control
Number. In addition, notwithstanding
any other provisions of law, no person
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shall generally be subject to penalty for
failing to comply with a collection of
information if the collection of
information does not display a valid
Control Number. See 5 CFR 1320.5(a)
and 1320.6. The DOL obtains OMB
approval for this information collection
under Control Number 1225–0086. The
DOL intends to seek continued approval
for this collection of information,
without change, for an additional three
years.
Interested parties are encouraged to
provide comments to the individual
listed in the ADDRESSES section above.
Comments must be written to receive
consideration, and they will be
summarized and may be included in the
request for OMB approval of the final
ICR. The comments will also become a
matter of public record. Comments
responsive to this request will be made
available on-line, without redaction, as
part of the submission to OMB;
therefore,
The DOL is particularly interested in
comments that:
• 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;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Agency: DOL-Office of the Assistant
Secretary for Administration and
Management.
Type of Review: Extension without
change of a currently approved
collection.
Title of Collection: DOL Generic
Solution for Solicitation for Funding
Opportunity Announcement Responses.
OMB Control Number: 1225–0086.
Affected Public: State, Local, and
Tribal Governments; Private Sector—
businesses or other for-profits and not
for-profit institutions.
Estimated Number of Respondents:
5,500.
Frequency: On occasion.
Total Estimated Annual Responses:
6,000.
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[Federal Register Volume 84, Number 62 (Monday, April 1, 2019)]
[Notices]
[Pages 12293-12294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06257]
=======================================================================
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean Air
Act
On March 25, 2019, the Department of Justice lodged a proposed
consent decree with the United States District Court for the District
of Maine, in the lawsuit entitled United States v. Global Partners, LP,
Global Companies LLC, and Chelsea Sandwich LLP, Civil Action No. 19-cv-
00122.
The United States filed this lawsuit under Section 113(a)(1) of the
Clean Air Act, 42 U.S.C. 7413(a)(1), and the Maine state implementation
plan. The United States' complaint seeks civil penalties and injunctive
relief arising from alleged excess emissions of volatile organic
compounds (VOC) at the defendants' petroleum storage facility in South
Portland, Maine.
The consent decree requires the defendants to pay a civil penalty
of $40,000, plus interest accruing from the date of lodging to the
payment date; to perform a supplemental environmental project involving
the replacement of old wood stoves with cleaner units, with a minimum
expenditure of $150,000; and to perform certain measures at the
[[Page 12294]]
facility to address past VOC emissions and to limit future VOC
emissions.
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. Global Partners LP, et al., D.J. Ref.
No. 90-5-2-1-11428. 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............................ [email protected].
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 website: https://www.justice.gov/enrd/consent-decrees. 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 $6.50 (25 cents per page
reproduction cost) payable to the United States Treasury.
Robert Maher,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2019-06257 Filed 3-29-19; 8:45 am]
BILLING CODE 4410-15-P
