Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 4291-4292 [2022-01584]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Notices Moorestown, New Jersey. A supplement was filed on January 10, 2022. The complaint, as supplemented, alleges violations of 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 automated put walls and automated storage and retrieval systems, associated vehicles, associated control software, and component parts thereof by reason of infringement of certain claims of U.S. Patent No. 8,104,601 (‘‘the ’601 patent’’), U.S. Patent No. 8,276,740 (‘‘the ’740 patent’’), U.S. Patent No. 8,622,194 (‘‘the ’194 patent’’), and U.S. Patent No. 10,576,505 (‘‘the ’505 patent’’). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205– 2000. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. FOR FURTHER INFORMATION CONTACT: Jessica Mullan, Office of Docket Services, U.S. International Trade Commission, telephone (202) 205–1802. SUPPLEMENTARY INFORMATION: Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on January 21, 2022, ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain products identified in paragraph (2) by reason of infringement of one or more of claims 1–28 of the ’601 patent; claims 1–5 and 8–25 of the ’740 patent; claims 1–10, 12–17, 19, and 20 of the ’194 patent; and VerDate Sep<11>2014 17:53 Jan 26, 2022 Jkt 256001 claims 1–5, 7–9, and 11–21 of the ’505 patent; and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuant to section 210.10(b)(1) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10(b)(1), the plain language description of the accused products or category of accused products, which defines the scope of the investigation, is ‘‘automated put walls and automated storage and retrieval systems; vehicles associated with these automated put walls and automated storage and retrieval systems; control software associated with these automated put walls and automated storage and retrieval systems; and component parts of these automated put walls and automated storage and retrieval systems’’; (3) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainant is: OPEX Corporation, 305 Commerce Drive, Moorestown, NJ 08057. (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: HC Robotics (a.k.a. Huicang Information Technology Co., Ltd.), 3rd Floor, Haiwei Building, No. 101 Binkang Road, Binjiang District, Hangzhou City, Zheijang Province, China Invata, LLC (d/b/a Invata Intralogistics), 1010 Spring Mill Avenue, Suite 300, Conshohocken, PA 19428 (4) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. The Office of Unfair Import Investigations is not participating as a party to this investigation. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 (March 19, 2020), such responses will be considered by the Commission if received not later than 20 days after the date of service by the complainants of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 4291 complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2021). By order of the Commission. Issued: January 21, 2022. Lisa Barton, Secretary to the Commission. [FR Doc. 2022–01565 Filed 1–26–22; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) On January 20, 2022, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the District of New Mexico in the multidistrict litigation entitled In re: Gold King Mine Release in San Juan County, Colorado on August 5, 2015, MDL no. 1:18–md–02824–WJ. The proposed Consent Decree pertains to certain claims alleged in the following actions that have been centralized in the multidistrict litigation: No. 16–cv–465– WJ/LF; No. 16–cv–931–WJ/LF; No. 18– cv–319–WJ; No. 18–cv–744–WJ. The proposed Consent Decree resolves claims brought by the United States against Sunnyside Gold Corporation (‘‘SGC’’) and Kinross Gold Corporation (‘‘KGC’’) under Sections 107(a) and 113(g)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (‘‘CERCLA’’), 42 U.S.C. 9607(a) and 9613(g)(2), and seeking reimbursement of, or contribution towards, response costs incurred or to be incurred for response actions taken or to be taken by the United States in connection with the release or threatened release of hazardous E:\FR\FM\27JAN1.SGM 27JAN1 lotter on DSK11XQN23PROD with NOTICES1 4292 Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Notices substances at the Bonita Peak Mining District Superfund Site located in San Juan County, Colorado (‘‘BPMD Site’’). The BPMD Site was placed on the National Priorities List on September 9, 2016. See 81 FR 62397, 62401 (Sept. 9, 2016). The United States alleged that SGC is liable under CERCLA as a current owner at the Site and as a past owner and operator at the time of a disposal of a hazardous substance at the Site, and that KGC is liable as the successor to Echo Bay Mines, Ltd., a past operator at the time of a disposal of a hazardous substance at the Site. The proposed Consent Decree also resolves claims brought by SGC against the United States under CERCLA for recovery of response costs and contribution, and a claim for contribution and indemnity in connection with the BPMD Site. SGC alleged that the United States is liable under CERCLA as a current owner at the Site, as a previous owner at the Site at the time of disposal of hazardous substances, and as an operator and arranger at the Site, in part as a result of the U.S. Environmental Protection Agency’s (‘‘EPA’s’’) response actions at the Gold King Mine. In addition, the proposed Consent Decree resolves the State of Colorado’s potential claims against SGC and KGC under Section 107(a) of CERCLA, 42 U.S.C. 9607(a), for reimbursement of response costs incurred or to be incurred for response actions taken or to be taken by the State in connection with the release or threatened release of hazardous substances at the BPMD Site. The proposed Consent Decree requires SGC and KGC to pay $45 million to the United States and the State of Colorado for response costs in connection with the BPMD Site, and requires the United States to pay $45 million to appropriate federal accounts for response costs. The proposed Consent Decree provides SGC and KGC and certain related parties (including Echo Bay, Inc., Kinross Gold USA, White Pine Gold Corporation, Echo Bay Management Corporation, and Echo Bay Exploration Inc.) with contribution protection under CERCLA and with covenants not to sue or take administrative action with regard to the Site under Sections 106, 107(a), and 113 of CERCLA; Sections 3008 and 7003 of the Resource Conservation and Recovery Act (‘‘RCRA’’); Sections 309 and 311 of the Clean Water Act; and certain Colorado statutory provisions. The proposed Consent Decree further terminates administrative orders issued to SGC related to Site access and investigation. Under the proposed consent decree, EPA, U.S. Department VerDate Sep<11>2014 17:53 Jan 26, 2022 Jkt 256001 of the Interior, and U.S. Department of Agriculture receive contribution protection and covenants not to sue with regard to the BPMD Site under Sections 106 and 107(a) of CERCLA and certain Colorado statutory provisions. The proposed Consent Decree does not resolve all claims in the multidistrict litigation. For instance, it does not address claims brought by the State of New Mexico, Navajo Nation, or individual plaintiffs against the EPA related to the Gold King Mine. 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 In re: Gold King Mine Release in San Juan County, Colorado on August 5, 2015, D.J. Ref. No. 90–11–3–11676 and No. 90–11–6–20816. 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 ......... Under section 7003(d) of RCRA, a commenter may request an opportunity for a public meeting in the affected area. 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 $11.25 (25 cents per page reproduction cost) payable to the United States Treasury. Jeffrey Sands, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2022–01584 Filed 1–26–22; 8:45 am] BILLING CODE 4410–15–P PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES Institute of Museum and Library Services Submission for OMB Review, Comment Request, Proposed Collection: Museum Assessment Program Application Forms Institute of Museum and Library Services, National Foundation on the Arts and the Humanities. ACTION: Submission for OMB review, comment request. AGENCY: The Institute of Museum and Library Services announces that the following information collection has been submitted to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This program helps to ensure that 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 on respondents can be properly assessed. This Notice proposes the clearance of three forms associated with the application process and five customer feedback surveys for the Museum Assessment Program. A copy of the proposed information collection request can be obtained by contacting the individual listed below in the FOR FURTHER INFORMATION CONTACT section of this Notice. DATES: Written comments must be submitted to the office listed in the ADDRESSES section below on or before February 26, 2022. ADDRESSES: Written comments and recommendations for proposed information collection requests should be sent within 30 days of publication of this Notice to www.reginfo.gov/public/ do/PRAMain. Find this particular information collection request by selecting ‘‘Institute of Museum and Library Services’’ under ‘‘Currently Under Review;’’ then check ‘‘Only Show ICR for Public Comment’’ checkbox. Once you have found this information collection request, select ‘‘Comment,’’ and enter or upload your comment and information. Alternatively, please mail your written comments to Office of Information and Regulatory Affairs, Attn.: OMB Desk Officer for Education, Office of Management and Budget, Room 10235, Washington, DC 20503, or call (202) 395–7316. OMB is particularly interested in comments that help the agency to: SUMMARY: E:\FR\FM\27JAN1.SGM 27JAN1

Agencies

Department of Justice

[Federal Register Volume 87, Number 18 (Thursday, January 27, 2022)]
[Notices]
[Pages 4291-4292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01584]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the 
Comprehensive Environmental Response, Compensation and Liability Act 
(CERCLA)

    On January 20, 2022, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of New Mexico in the multidistrict litigation entitled In re: Gold King 
Mine Release in San Juan County, Colorado on August 5, 2015, MDL no. 
1:18-md-02824-WJ. The proposed Consent Decree pertains to certain 
claims alleged in the following actions that have been centralized in 
the multidistrict litigation: No. 16-cv-465-WJ/LF; No. 16-cv-931-WJ/LF; 
No. 18-cv-319-WJ; No. 18-cv-744-WJ.
    The proposed Consent Decree resolves claims brought by the United 
States against Sunnyside Gold Corporation (``SGC'') and Kinross Gold 
Corporation (``KGC'') under Sections 107(a) and 113(g)(2) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (``CERCLA''), 42 U.S.C. 9607(a) and 9613(g)(2), and seeking 
reimbursement of, or contribution towards, response costs incurred or 
to be incurred for response actions taken or to be taken by the United 
States in connection with the release or threatened release of 
hazardous

[[Page 4292]]

substances at the Bonita Peak Mining District Superfund Site located in 
San Juan County, Colorado (``BPMD Site''). The BPMD Site was placed on 
the National Priorities List on September 9, 2016. See 81 FR 62397, 
62401 (Sept. 9, 2016). The United States alleged that SGC is liable 
under CERCLA as a current owner at the Site and as a past owner and 
operator at the time of a disposal of a hazardous substance at the 
Site, and that KGC is liable as the successor to Echo Bay Mines, Ltd., 
a past operator at the time of a disposal of a hazardous substance at 
the Site.
    The proposed Consent Decree also resolves claims brought by SGC 
against the United States under CERCLA for recovery of response costs 
and contribution, and a claim for contribution and indemnity in 
connection with the BPMD Site. SGC alleged that the United States is 
liable under CERCLA as a current owner at the Site, as a previous owner 
at the Site at the time of disposal of hazardous substances, and as an 
operator and arranger at the Site, in part as a result of the U.S. 
Environmental Protection Agency's (``EPA's'') response actions at the 
Gold King Mine. In addition, the proposed Consent Decree resolves the 
State of Colorado's potential claims against SGC and KGC under Section 
107(a) of CERCLA, 42 U.S.C. 9607(a), for reimbursement of response 
costs incurred or to be incurred for response actions taken or to be 
taken by the State in connection with the release or threatened release 
of hazardous substances at the BPMD Site.
    The proposed Consent Decree requires SGC and KGC to pay $45 million 
to the United States and the State of Colorado for response costs in 
connection with the BPMD Site, and requires the United States to pay 
$45 million to appropriate federal accounts for response costs. The 
proposed Consent Decree provides SGC and KGC and certain related 
parties (including Echo Bay, Inc., Kinross Gold USA, White Pine Gold 
Corporation, Echo Bay Management Corporation, and Echo Bay Exploration 
Inc.) with contribution protection under CERCLA and with covenants not 
to sue or take administrative action with regard to the Site under 
Sections 106, 107(a), and 113 of CERCLA; Sections 3008 and 7003 of the 
Resource Conservation and Recovery Act (``RCRA''); Sections 309 and 311 
of the Clean Water Act; and certain Colorado statutory provisions. The 
proposed Consent Decree further terminates administrative orders issued 
to SGC related to Site access and investigation. Under the proposed 
consent decree, EPA, U.S. Department of the Interior, and U.S. 
Department of Agriculture receive contribution protection and covenants 
not to sue with regard to the BPMD Site under Sections 106 and 107(a) 
of CERCLA and certain Colorado statutory provisions.
    The proposed Consent Decree does not resolve all claims in the 
multidistrict litigation. For instance, it does not address claims 
brought by the State of New Mexico, Navajo Nation, or individual 
plaintiffs against the EPA related to the Gold King Mine.
    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 In re: Gold King Mine Release in San Juan County, 
Colorado on August 5, 2015, D.J. Ref. No. 90-11-3-11676 and No. 90-11-
6-20816. 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.
------------------------------------------------------------------------

    Under section 7003(d) of RCRA, a commenter may request an 
opportunity for a public meeting in the affected area.
    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 $11.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2022-01584 Filed 1-26-22; 8:45 am]
BILLING CODE 4410-15-P

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