Notice of Lodging Proposed Consent Decree, 27478-27479 [2021-10630]

Download as PDF 27478 Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Notices 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). SUPPLEMENTARY INFORMATION: On May 7, 2021, the Commission determined that it should proceed to a full review in the subject five-year review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)). The Commission found that both the domestic and respondent interested party group responses to its notice of institution (86 FR 7743, February 1, 2021) were adequate. A record of the Commissioners’ votes, the Commission’s statement on adequacy, and any individual Commissioner’s statements will be available from the Office of the Secretary and at the Commission’s website. Authority: This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.62 of the Commission’s rules. By order of the Commission. Issued: May 17, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–10647 Filed 5–19–21; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1088 (Rescission)] Certain Road Construction Machines and Components Thereof; Commission Decision To Institute a Rescission Proceeding; Permanent Rescission of a Limited Exclusion Order and Cease and Desist Order; Termination of the Rescission Proceeding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to institute a proceeding to determine whether to permanently rescind the Commission’s limited exclusion order (‘‘LEO’’) and cease and desist order (‘‘CDO’’) issued in the above-captioned investigation. The LEO and the CDO are permanently rescinded. The rescission proceeding is terminated. FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–4716. Copies of non-confidential documents filed in connection with this SUMMARY: VerDate Sep<11>2014 17:36 May 19, 2021 Jkt 253001 investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. 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. The Commission instituted this investigation on November 29, 2017, based on a complaint, as supplemented, filed by Caterpillar Inc. of Peoria, Illinois and Caterpillar Paving Products, Inc. of Minneapolis, Minnesota (collectively, ‘‘Caterpillar’’). See 82 FR 56625–26 (Nov. 29, 2017). The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337) (‘‘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 road construction machines and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 7,140,693 (‘‘the ’693 patent’’); 9,045,871; and 7,641,419. See id. The notice of investigation identifies the following respondents: Wirtgen GmbH of Windhagen, Germany; Joseph Vo¨gele AG of Ludwigshafen, Germany; Wirtgen Group Holding GmbH of Windhagen, Germany; and Wirtgen America, Inc. of Antioch, Tennessee (‘‘Wirtgen America’’) (collectively, ‘‘Wirtgen’’). See id. The Office of Unfair Import Investigations is not a party to this investigation. See id. On June 27, 2019, the Commission found a violation of section 337 based on the infringement of claim 19 of the ’693 patent and issued an LEO against the infringing articles and a CDO against Wirtgen America (collectively, ‘‘the remedial orders’’). See 84 FR 31910–11 (July 3, 2019). On January 16, 2020, the Commission instituted a modification proceeding to determine whether Wirtgen’s redesigned series 1810 machines infringe claim 19 of the ’693 patent. On August 31, 2020, the Commission determined that Wirtgen’s redesigned machines do not infringe and issued modified remedial orders exempting the redesigned machines from the scope of the orders. See 85 FR 55320–21 (Sept. 4, 2020). SUPPLEMENTARY INFORMATION: PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 On April 29, 2021, Caterpillar and Wirtgen filed a joint petition to rescind the remedial orders. Commission Rule 210.76(a)(1), 19 CFR 210.76(a)(1), permits rescission of Commission remedial orders on the basis of ‘‘changed conditions of fact or law.’’ The petition asserts that such changed conditions exist here. In particular, the parties explain that the Patent Trial and Appeal Board (‘‘PTAB’’) of the U.S. Patent and Trademark Office found claim 19 of the ’693 patent to be unpatentable in a Final Written Decision, that Caterpillar took an appeal from the PTAB to the U.S. Court of Appeals for the Federal Circuit, that Caterpillar moved the Federal Circuit to dismiss its appeal, and that the Federal Circuit granted that motion. Pet. at 1–2. In view of the Federal Circuit’s dismissal of Caterpillar’s appeal from the PTAB’s Final Written Decision, the fact that the patent claim upon which the remedial orders are based is unpatentable, and the fact that Caterpillar and Wirtgen both agree that rescission is appropriate now, the Commission has determined to institute a rescission proceeding and to grant the joint petition for rescission. The Commission permanently rescinds the LEO and the CDO. The rescission proceeding is hereby terminated. The Commission’s vote for this determination took place on May 14, 2021. 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: May 14, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–10585 Filed 5–19–21; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging Proposed Consent Decree In accordance with Departmental Policy, 28 CFR 50.7, notice is hereby given that a proposed Consent Decree in United States v. Maietta Construction, Inc., et al., Civil Action No. 2:21–cv– 00131–JDL, was lodged with the United States District Court for the District of Maine on May 14, 2021. This proposed Consent Decree concerns a complaint filed by the United States against Maietta E:\FR\FM\20MYN1.SGM 20MYN1 Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Notices Construction, Inc., Maietta Enterprises, Inc., and M7 Land Co., LLC (‘‘Defendants’’) pursuant to Sections 309(b) and (d) of the Clean Water Act, 33 U.S.C. 1319(b) and (d), to obtain injunctive relief from and impose civil penalties against the Defendants for violating the Clean Water Act by discharging pollutants without a permit into waters of the United States. The proposed Consent Decree resolves these allegations by requiring the Defendants to restore the impacted areas and/or perform mitigation and to pay a civil penalty. The Department of Justice will accept written comments relating to this proposed Consent Decree for thirty (30) days from the date of publication of this Notice. Please address comments to Perry M. Rosen, United States Department of Justice, Environment and Natural Resources Division, Post Office Box 7611, Washington, DC 20044–7611, pubcomment_eds.enrd@usdoj.gov, and refer to United States v. Maietta Construction, Inc., et al., DJ # 90–5–1– 1–20450. The proposed Consent Decree may be examined at the Clerk’s Office, United States District Court for the District of Maine, located at Edward T. Gignoux United States Courthouse, 156 Federal Street, Portland, ME 04101. In addition, the proposed Consent Decree may be examined electronically at https:// www.justice.gov/enrd/consent-decrees. Cherie Rogers, Assistant Section Chief, Environmental Defense Section, Environment and Natural Resources Division. [FR Doc. 2021–10630 Filed 5–19–21; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF LABOR Office of the Secretary Agency Information Collection Activities; Submission for OMB Review; Comment Request; Proximity Detection Systems for Continuous Mining Machines in Underground Coal Mines Notice of availability; request for comments. ACTION: The Department of Labor (DOL) is submitting this Mine Safety and Health Administration (MSHA)sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited. SUMMARY: VerDate Sep<11>2014 17:36 May 19, 2021 Jkt 253001 The OMB will consider all written comments that agency receives on or before June 21, 2021. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. Comments are invited on: (1) Whether the collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; (2) if the information will be processed and used in a timely manner; (3) the accuracy of the agency’s estimates of the burden and cost of the collection of information, including the validity of the methodology and assumptions used; (4) ways to enhance the quality, utility and clarity of the information collection; and (5) ways to minimize the burden of the collection of information on those who are to respond, including the use of automated collection techniques or other forms of information technology. FOR FURTHER INFORMATION CONTACT: Crystal Rennie by telephone at 202– 693–0456, or by email at DOL_PRA_ PUBLIC@dol.gov. SUPPLEMENTARY INFORMATION: This proposed information collection requires underground coal mine operators to equip continuous mining machines, except full-face continuous mining machines, with proximity detection systems (80 FR 2188). Miners working near continuous mining machines face pinning, crushing, and striking hazards that result in accidents involving life-threatening injuries and death. Proximity detection is a technology that uses electronic sensors to detect the motion or the location of one object relative to another. Proximity detection systems provide a warning and stop mining machines before a pinning, crushing, or striking accident occurs that could result in injury or death to a miner. For additional substantive information about this ICR, see the related notice published in the Federal Register on December 4, 2020 (85 FR 78364). 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 the OMB approves it and displays a currently valid OMB Control Number. In addition, DATES: PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 27479 notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid OMB Control Number. See 5 CFR 1320.5(a) and 1320.6. DOL seeks PRA authorization for this information collection for three (3) years. OMB authorization for an ICR cannot be for more than three (3) years without renewal. The DOL notes that information collection requirements submitted to the OMB for existing ICRs receive a month-to-month extension while they undergo review. Agency: DOL–MSHA. Title of Collection: Proximity Detection Systems for Continuous Mining Machines in Underground Mines. OMB Control Number: 1219–0148. Affected Public: Private Sector, Businesses or other for-profits. Total Estimated Number of Respondents: 116. Total Estimated Number of Responses: 191,288. Total Estimated Annual Time Burden: 544 hours. Total Estimated Annual Other Costs Burden: $0. Authority: 44 U.S.C. 3507(a)(1)(D). Crystal Rennie, PRA Senior Analyst. [FR Doc. 2021–10641 Filed 5–19–21; 8:45 am] BILLING CODE 4510–43–P DEPARTMENT OF LABOR Agency Information Collection Activities; Submission for OMB Review; Comment Request; General Provisions and Confined and Enclosed Spaces and Other Dangerous Atmosphere in Shipyards Employment Standards Notice of availability; request for comments. ACTION: The Department of Labor (DOL) is submitting this Occupational Safety and Health Administration (OSHA)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited. DATES: The OMB will consider all written comments that agency receives on or before June 21, 2021. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this SUMMARY: E:\FR\FM\20MYN1.SGM 20MYN1

Agencies

Department of Justice

[Federal Register Volume 86, Number 96 (Thursday, May 20, 2021)]
[Notices]
[Pages 27478-27479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10630]


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DEPARTMENT OF JUSTICE


Notice of Lodging Proposed Consent Decree

    In accordance with Departmental Policy, 28 CFR 50.7, notice is 
hereby given that a proposed Consent Decree in United States v. Maietta 
Construction, Inc., et al., Civil Action No. 2:21-cv-00131-JDL, was 
lodged with the United States District Court for the District of Maine 
on May 14, 2021.
    This proposed Consent Decree concerns a complaint filed by the 
United States against Maietta

[[Page 27479]]

Construction, Inc., Maietta Enterprises, Inc., and M7 Land Co., LLC 
(``Defendants'') pursuant to Sections 309(b) and (d) of the Clean Water 
Act, 33 U.S.C. 1319(b) and (d), to obtain injunctive relief from and 
impose civil penalties against the Defendants for violating the Clean 
Water Act by discharging pollutants without a permit into waters of the 
United States. The proposed Consent Decree resolves these allegations 
by requiring the Defendants to restore the impacted areas and/or 
perform mitigation and to pay a civil penalty.
    The Department of Justice will accept written comments relating to 
this proposed Consent Decree for thirty (30) days from the date of 
publication of this Notice. Please address comments to Perry M. Rosen, 
United States Department of Justice, Environment and Natural Resources 
Division, Post Office Box 7611, Washington, DC 20044-7611, 
[email protected], and refer to United States v. Maietta 
Construction, Inc., et al., DJ # 90-5-1-1-20450.
    The proposed Consent Decree may be examined at the Clerk's Office, 
United States District Court for the District of Maine, located at 
Edward T. Gignoux United States Courthouse, 156 Federal Street, 
Portland, ME 04101. In addition, the proposed Consent Decree may be 
examined electronically at https://www.justice.gov/enrd/consent-decrees.

Cherie Rogers,
Assistant Section Chief, Environmental Defense Section, Environment and 
Natural Resources Division.
[FR Doc. 2021-10630 Filed 5-19-21; 8:45 am]
BILLING CODE 4410-15-P

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