Notice of Lodging of Proposed Consent Decree Under the Clean Water Act and the Resource Conservation and Recovery Act, 12807-12808 [2020-04393]
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Federal Register / Vol. 85, No. 43 / Wednesday, March 4, 2020 / Notices
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FOR FURTHER INFORMATION CONTACT:
Richard P. Hadorn, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3179. 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 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. 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 April 10, 2019, based on a complaint
filed by DEI Holdings, Inc. and Directed,
LLC, both of Vista, California, and
Directed Electronics Canada Inc. of
Lachine, Quebec, Canada (collectively,
‘‘Complainants’’). 84 FR 14395–96 (Apr.
10, 2019). 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,
or the sale within the United States after
importation of certain vehicle security
and remote convenience systems and
components thereof, by reason of
infringement of certain claims of U.S.
Patent Nos. 7,191,053 (‘‘the ’053
patent’’); 7,483,783 (‘‘the ’783 patent’’);
7,646,285; 7,898,386; and 8,378,800. Id.
at 14396. The complaint further alleged
that a domestic industry exists. Id. The
notice of investigation named as
respondents Automotive Data Solutions
Inc. of Montreal, Quebec, Canada;
Firstech, LLC of Kent, Washington
(collectively, ‘‘Respondents’’); and
AAMP of Florida, Inc. (‘‘AAMP’’) of
Clearwater, Florida. Id. The Office of
Unfair Import Investigations was not
named as a party. Respondent AAMP
was later terminated from the
investigation based on a settlement
agreement. Order No. 7 (Oct. 3, 2019),
as amended by Corrected Order No. 7
(Oct. 4, 2019), not reviewed by Comm’n
Notice (Oct. 22, 2019).
On December 10, 2019, Respondents
filed (1) a motion for partial termination
of the investigation based on
Complainants’ lack of standing to assert
the ’053 and ’783 patents; and (2) a
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motion to strike the ‘‘Belated Production
of the 2006 Astroflex Asset Purchase
Agreement and Supplemental
Responses to Respondents’ Interrogatory
No. 23.’’ On December 23, 2019,
Complainants filed oppositions to
Respondents’ motions. On December 30,
2019, Respondents filed replies in
support of their motions.
On January 9, 2020, the ALJ issued an
ID (Order No. 18) addressing both of
Respondents’ motions. That ID (1)
granted Respondents’ motion for partial
termination as to the ’053 and ’783
patents for lack of standing, ID at 2, 10–
11; and (2) denied as moot Respondents’
motion to strike ‘‘in light of the decision
herein to terminate the investigation
with respect to the ’053 and ’783
patents,’’ id. at 3 n.2.
On January 15, 2020, Complainants
filed a motion for reconsideration of the
ID (Order No. 18) under Ground Rule
3.12. On January 17, 2020,
Complainants also filed a petition for
review of the ID, requesting that the
Commission remand for a hearing on
the ’053 and ’783 patents. Pet. at 4.
On January 24, 2020, the parties filed
a joint motion to terminate the
investigation in its entirety based on a
settlement agreement.
On January 31, 2020, the ALJ issued
the subject ID (Order No. 20) granting
the joint motion and terminating the
investigation in its entirety. The ID
found that the motion complies with
Commission Rules, and that ‘‘[t]here is
no evidence of any . . . adverse effects
[on the public interest].’’ ID at 2
(citations omitted). No petitions for
review of the subject ID were filed.
On February 10, 2020, the
Commission decided to extend until
March 3, 2020, the date for determining
whether to review the ALJ’s earlier ID
(Order No. 18) that terminates the
investigation in part based on
Complainants’ lack of standing to assert
certain patents. See Comm’n Notice
(Feb. 10, 2020).
The Commission has determined not
to review the subject ID. The
Commission has also determined that
Order No. 18 is moot. The investigation
is hereby terminated.
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.
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12807
Issued: February 28, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020–04442 Filed 3–3–20; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the Clean Water
Act and the Resource Conservation
and Recovery Act
On February 27, 2020, the Department
of Justice lodged a proposed Consent
Decree with the United States District
Court for the Western District of
Missouri in the lawsuit entitled United
States v. Dyno Nobel, Inc., Case No.
3:19–CV–05031–MDH.
The United States filed this lawsuit
against Dyno Nobel, Inc., (Dyno Nobel)
for alleged violations of the Clean Water
Act (CWA) and the Resource
Conservation and Recovery Act (RCRA)
at its facilities in Carthage, Missouri and
Louisiana, Missouri. Specifically, the
United States alleged that Dyno Nobel
violated the CWA at both facilities by
discharging pollutants in amounts that
exceeded the facilities’ permitted limits;
failing to properly sample and monitor
discharges; and failing to appropriately
manage stormwater. The United States
further alleged that Dyno violated RCRA
by disposing of hazardous waste at both
facilities without a permit, and at the
Carthage Facility, by failing to meet
requirements for the generation and
transportation of hazardous waste.
Under the proposed Consent Decree
Dyno Nobel will undertake injunctive
measures at both its facilities. At its
Carthage facility, Dyno Nobel will
separate stormwater from process
wastewater, ship high-strength
wastewater off-site, update its
stormwater program, sample and clean
up discrete areas, and construct a
baghouse to address dope releases. At
its Louisiana facility, Dyno will perform
a sewer survey and update its
stormwater program. Dyno Nobel will
also pay a civil penalty of $2.9 million
in addition to interest. In return, the
United States agrees not to sue for the
claims alleged in the Complaint and for
additional permit violations through,
the date of lodging (February 27, 2020).
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 v. Dyno Nobel,
Inc., D.J. Ref. No. 90–5–1–1–11542. All
comments must be submitted no later
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12808
Federal Register / Vol. 85, No. 43 / Wednesday, March 4, 2020 / Notices
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 website: 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 $10.25 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Susan M. Akers,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2020–04393 Filed 3–3–20; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF LABOR
Office of Workers’ Compensation
Programs
Memorandum for the Heads of
Executive Departments and Agencies
on the PEER Initiative: Protecting
Employees, Enabling Reemployment
The Office of Management
and Budget has directed the Secretary of
Labor to publish a memorandum on the
PEER Initiative in the Federal Register,
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SUMMARY:
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as part of the President’s Management
Agenda—Modernizing Government for
the 21st Century and the President’s
Initiative to Stop Opioid Abuse and
Reduce Drug Supply and Demand.
Federal agencies and the United States
Postal Service are expected to improve
or maintain performance in seven areas
related to work-related injuries.
SUPPLEMENTARY INFORMATION: Each year,
federal civilian employees sustain workrelated injuries and illnesses. In 2018,
federal workers filed almost 107,000
new claims and received approximately
$3 billion in workers’ compensation
payments. Many of these work-related
injuries and illnesses are preventable,
and executive departments and agencies
can and should do more to improve
workplace safety and health, improve
efficiencies, reduce the financial burden
of injury on taxpayers, and relieve
unnecessary suffering by workers and
their families.
Therefore, the Protecting Employees,
Enabling Reemployment (PEER)
Initiative is being created to set forth
goals to achieve these important
objectives and supports the President’s
Management Agenda—Modernizing
Government for the 21 Century and the
President’s Initiative to Stop Opioid
Abuse and Reduce Drug Supply and
Demand. Federal agencies and the
United States Postal Service are
expected to improve or maintain
performance in seven areas:
1. Reducing total injury and illness
case rates;
2. reducing lost-time injury and
illness case rates;
3. increasing the timely filing rate for
workers’ compensation claims;
4. increasing the timely filing rate for
wage-loss claims;
5. increasing the rate of return-towork outcomes during the initial 45 day
post-injury period for traumatic injury
cases;
6. improving the rate at which
employees return to work in cases of
moderate to severe injury or illness; and
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7. implementing and fully using the
Department of Labor’s electronic filing
system.
Goals one through six measure
reductions in workplace injuries,
reductions in time off work because of
injuries, improvements in return-towork, and improving the rate of timely
filed claims, all of which help relieve
unnecessary suffering by workers and
reduce the financial burden of injury on
taxpayers. The seventh goal will
standardize the claims process. It will
also aid in direct and immediate
communication with an injured
employee, facilitating prompt treatment
and providing critical opioid awareness
and pain education.
Executive departments and agencies
shall coordinate with the Department of
Labor’s Occupational Safety and Health
Administration and Office of Workers’
Compensation Programs to develop
strategies aimed at achieving
performance targets in each category.
The Secretary of Labor shall lead the
initiative by measuring both
government-wide and agency-level
performance. Each executive
department and agency shall bear its
own costs for participating in the PEER
Initiative. Nothing in this memorandum
shall be construed to impair or
otherwise affect the authority granted by
law to an executive department or
agency, or the head thereof. This
memorandum is not intended to, and
does not, create any right or benefit,
substantive or procedural, enforceable
by law or in equity by any party against
the United States; its departments,
agencies, or entities; its officers,
employees, or agents; or any other
person.
Signed at Washington, DC, this 26th day of
February, 2020.
Julia K. Hearthway,
Director, Office of Workers’ Compensation
Programs.
BILLING CODE 4510–24–P
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[Federal Register Volume 85, Number 43 (Wednesday, March 4, 2020)]
[Notices]
[Pages 12807-12808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04393]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act and the Resource Conservation and Recovery Act
On February 27, 2020, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Western
District of Missouri in the lawsuit entitled United States v. Dyno
Nobel, Inc., Case No. 3:19-CV-05031-MDH.
The United States filed this lawsuit against Dyno Nobel, Inc.,
(Dyno Nobel) for alleged violations of the Clean Water Act (CWA) and
the Resource Conservation and Recovery Act (RCRA) at its facilities in
Carthage, Missouri and Louisiana, Missouri. Specifically, the United
States alleged that Dyno Nobel violated the CWA at both facilities by
discharging pollutants in amounts that exceeded the facilities'
permitted limits; failing to properly sample and monitor discharges;
and failing to appropriately manage stormwater. The United States
further alleged that Dyno violated RCRA by disposing of hazardous waste
at both facilities without a permit, and at the Carthage Facility, by
failing to meet requirements for the generation and transportation of
hazardous waste.
Under the proposed Consent Decree Dyno Nobel will undertake
injunctive measures at both its facilities. At its Carthage facility,
Dyno Nobel will separate stormwater from process wastewater, ship high-
strength wastewater off-site, update its stormwater program, sample and
clean up discrete areas, and construct a baghouse to address dope
releases. At its Louisiana facility, Dyno will perform a sewer survey
and update its stormwater program. Dyno Nobel will also pay a civil
penalty of $2.9 million in addition to interest. In return, the United
States agrees not to sue for the claims alleged in the Complaint and
for additional permit violations through, the date of lodging (February
27, 2020).
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 v. Dyno Nobel, Inc., D.J. Ref. No.
90-5-1-1-11542. All comments must be submitted no later
[[Page 12808]]
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 proposed 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 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 $10.25 (25 cents per page
reproduction cost) payable to the United States Treasury.
Susan M. Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2020-04393 Filed 3-3-20; 8:45 am]
BILLING CODE 4410-15-P
