Notice of Lodging of Proposed Consent Decree Under the Clean Air Act, 47188-47189 [2023-15513]

Download as PDF 47188 Federal Register / Vol. 88, No. 139 / Friday, July 21, 2023 / Notices INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1308] Certain Power Semiconductors, and Mobile Devices and Computers Containing Same Notice of a Commission Determination To Review in Part and, on Review, To Affirm a Final Initial Determination Finding No Violation of Section 337; Termination of Investigation International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to review in part and, on review, to affirm a final initial determination (‘‘ID’’) issued by the presiding administrative law judge (‘‘ALJ’’) finding no violation of section 337. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Paul Lall, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2043. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission’s electronic docket system (‘‘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. Hearingimpaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal, telephone (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on April 1, 2022, based on a complaint filed on behalf of Arigna Technology Limited (‘‘Arigna’’) of Dublin, Ireland. 87 FR 19124–25 (Apr. 1, 2022). The complaint, as amended and supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain power semiconductors, and mobile devices and computers containing same by reason of infringement of claims 1 and 2 of U.S. Patent No. 7,183,835 (‘‘the ’835 Patent’’) The Commission’s notice of investigation named thirteen (13) respondents: (1) Samsung Electronics Co., Ltd. of Suwon, Republic of Korea and Samsung Electronics America, Inc. ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 19:06 Jul 20, 2023 Jkt 259001 of Ridgefield Park, New Jersey (collectively, ‘‘the Samsung Respondents’’); (2) Google LLC of Mountain View, California; Lenovo Group Ltd. of Beijing, China; Lenovo (United States) Inc. of Morrisville, North Carolina; Motorola Mobility LLC of Chicago, Illinois; Microsoft Corporation of Redmond, Washington; and OnePlus Technology (Shenzhen) Co., Ltd. of Guangdong, China (collectively, ‘‘the Additional Settling Respondents’’); (3) TCL Electronics Holdings Limited and TCL Communication Limited, both of Hong Kong Science Park, Hong Kong; TTE Technology Inc. of Corona, California; and TCT Mobile (USA) Inc. of Irvine, California (collectively, ‘‘the TCL Respondents’’); and (4) Apple Inc. of Cupertino, California. The Office of Unfair Import Investigations is participating in the investigation. On December 8, 2022, the Commission terminated this investigation as to the Samsung Respondents and the Additional Settling Respondents based on respective settlement and license agreements. (Order Nos. 24, 25) (Nov. 10, 2022), unreviewed by Comm’n Notice (Dec. 8, 2022). The presiding ALJ held an evidentiary hearing in this investigation on February 13–17, 2023. On June 7, 2023, the Commission terminated this investigation as to the TCL Respondents based on a settlement agreement. Order No. 51, unreviewed by Comm’n Notice (June 7, 2023). On May 18, 2023, the presiding ALJ issued the subject ID finding no violation of section 337 because: (1) Arigna failed to prove that the accused Qualcomm Chips or Qorvo Chips infringe the asserted claims of the ’835 Patent; (2) Arigna failed to satisfy the technical prong of the domestic industry requirement; and (3) Arigna failed to satisfy the economic prong of the domestic industry requirement. The ID also finds that the asserted claims of the ’835 patent have not been shown to be invalid as anticipated and/or obvious in view of certain asserted prior art or for lack of written description. No party filed a petition for review of the subject ID. Having reviewed the record of the investigation, including the final ID and the parties’ submissions to the ALJ, the Commission has determined to review the ID in part and, on review, to affirm the ID’s finding that Arigna has not satisfied the economic prong of the domestic industry requirement.1 The 1 On review, Commissioner Karpel notes that she disagrees with the ID’s per se exclusion of investments in post-sale technical service and PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 Commission has determined not to review the remainder of the final ID. The investigation is hereby terminated. The Commission vote for this determination took place on July 17, 2023. The authority for the Commission’s determinations 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: July 17, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–15465 Filed 7–20–23; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Air Act On July 13, 2023, the Department of Justice lodged a proposed consent decree with the United States District Court for the Northern District of New York in United States v. Upstate Shredding, LLC, and Weitsman Shredding, LLC, 3:23–cv–847 (N.D.N.Y). The United States filed a complaint against Upstate Shredding, LLC and Weitsman Shredding, LLC (‘‘Upstate’’) under section 113(a)(1) of the Clean Air support, including field engineering and product line marketers, who engage in customer-facing engineering activities as non-qualifying investments. In her view, the statute does not require the per se exclusion of plant and equipment investments or employment of labor or capital in customer-facing engineering activities with respect to articles protected by a patent, whether or not they are characterized as sales and marketing. See Certain Artificial Eyelash Extension Systems, Products Containing Same, and Components Thereof, Inv. No. 337–TA–1226, Separate Views of Commissioners Karpel and Schmidtlein, at 35–36 (Oct. 24, 2022) (‘‘There is no statutory prohibition against inclusion of these types of expenses; rather, the key is whether the expenses properly fall within (A) or (B).’’); Certain Vacuum Insulated Flasks and Components Thereof, Inv. No. 337–TA–1216, Comm’n Notice, 86 FR 59424, 49425 (Oct., 27, 2021) (‘‘As the Commission has previously stated, ‘‘‘‘[w]hile marketing and sales activity, alone, may not be sufficient to meet the domestic industry test, those activities may be considered as part of the overall evaluation of whether or not a Complainant meets the economic prong.’’’ (quoting Certain Solid State Storage Drives, Stacked Electronics Components, and Products Containing the Same, Inv. No. 337–TA–1097, Comm’n Op. at 22 (June 29, 2018)). In this investigation, Arigna has failed to establish that any articles practice one or more claims of the ‘835 patent, and thus Arigna cannot satisfy the domestic industry requirement regardless of the magnitude or alleged significance of Microchip expenditures considered for the economic prong of the domestic industry requirement. E:\FR\FM\21JYN1.SGM 21JYN1 Federal Register / Vol. 88, No. 139 / Friday, July 21, 2023 / Notices Act, 42 U.S.C. 7413(a)(1), and the New York state implementation plan. In the complaint, the United States seeks injunctive relief and civil penalties arising from alleged excess emissions of volatile organic compounds at the defendants’ metal shredding facility in Owego, NY. The proposed consent decree requires the defendants to pay a civil penalty of $400,000, plus interest accruing from the date of entry to the payment date; and to install pollution control technology to limit future emissions of volatile organic compounds. 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. Upstate Shredding, LLC, and Weitsman Shredding, LLC, D.J. Ref. No. 90–5–2–1–12564. 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 website: https:// www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the proposed consent decree upon email request to pubcomment-ees.enrd@ usdoj.gov. In accordance with the requirements of the Privacy Act of 1974, the National Aeronautics and Space Administration (NASA) is providing public notice of modification to a previously announced system of records, Office of the Inspector General Investigations Case Files/NASA 10IGIC. This notice incorporates locations and NASA Standard Routine Uses previously published separately from, and cited by reference in, this and other NASA systems of records notices. DATES: Submit comments within 30 calendar days from the date of this publication. The changes will take effect at the end of that period if no adverse comments are received. ADDRESSES: Bill Edwards-Bodmer, Privacy Act Officer, Office of the Chief Information Officer, National Aeronautics and Space Administration Headquarters, Washington, DC 20546– 0001, (757) 864–7998, NASAPAOfficer@nasa.gov. FOR FURTHER INFORMATION CONTACT: NASA Privacy Act Officer, Bill Edwards-Bodmer, (757) 864–7998, NASA-PAOfficer@nasa.gov. SUPPLEMENTARY INFORMATION: This system notice includes minor revisions to NASA’s existing system of records notice to bring its format into compliance with OMB guidance and to update records access, notification, and contesting procedures consistent with NASA Privacy Act regulations. It incorporates in whole, as appropriate, information formerly published separately in the Federal Register as Appendix A, Location Numbers and Mailing Addresses of NASA Installations at which Records are Located, and Appendix B, Standard Routine Uses—NASA, and removes reference to Appendix A and Appendix B. SUMMARY: William Edwards-Bodmer, NASA Privacy Act Officer. Henry S. Friedman, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. SYSTEM NAME AND NUMBER: Office of the Inspector General Investigations Case Files, NASA 10IGIC. [FR Doc. 2023–15513 Filed 7–20–23; 8:45 am] BILLING CODE 4410–15–P SECURITY CLASSIFICATION: Some of the material contained in the system has been classified in the interests of national security pursuant to Executive Order 11652. ddrumheller on DSK120RN23PROD with NOTICES1 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice: 23–077] SYSTEM LOCATION: Privacy Act of 1974; System of Records National Aeronautics and Space Administration (NASA). ACTION: Notice of a modified system of records. AGENCY: VerDate Sep<11>2014 19:06 Jul 20, 2023 Jkt 259001 Electronic records are migrating from a secure NASA server to a secure cloud maintained by Amazon Web Services (AWS), 410 Terry Ave., North Seattle, WA 98109. Paper records are maintained at the following locations and other OIG offices at NASA Centers. PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 47189 • Mary W. Jackson NASA Headquarters, National Aeronautics and Space Administration (NASA), Washington, DC 20546–0001 • New Jersey Post of Duty, 402 East State Street, Trenton, NJ 08608 • Western Field Office, Glenn Anderson Federal Building, 501 West Ocean Blvd., Long Beach, CA 90802– 4222 • Rocky Mountain Post of Duty, 6430 S. Fiddlers Green Circle, Suite 350, Greenwood Village, CO 80111 SYSTEM MANAGER(S): Assistant Inspector General for Investigations, Mary W. Jackson NASA Headquarters, National Aeronautics and Space Administration (NASA), Washington, DC 20546–0001. Subsystem Managers Special and Resident Agents in Charge at: • New Jersey Post of Duty, 402 East State Street, Trenton, NJ 08608 • Western Field Office, Glenn Anderson Federal Building, 501 West Ocean Blvd., Long Beach, CA 90802– 4222 • Rocky Mountain Post of Duty, 6430 S. Fiddlers Green Circle, Suite 350, Greenwood Village, CO 80111 AUTHORITY FOR MAINTENANCE OF THE SYSTEM: • 51 U.S.C. 20113—Powers of the Administration in performance of functions • 51 U.S.C. 20114—Administration and Department of Defense coordination • 44 U.S.C. 3101—Records management by agency heads; general duties • 5 U.S.C. 404(a)(1) and (a)(3)— Inspector General Act of 1978, as amended; Duties and Responsibilities PURPOSE(S) OF THE SYSTEM: Information in this system of records is collected in the course of investigating alleged crimes and other violations of law or regulations that affect NASA. The information is used by prosecutors, Agency managers, law enforcement agencies, Congress, NASA contractors, and others to address the crimes and other misconduct discovered during investigations. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: This system maintains information on (1) current and former employees of NASA; (2) current and former NASA contractors and subcontractors; (3) and others whose actions have affected NASA. CATEGORIES OF RECORDS IN THE SYSTEM: Case files pertaining to matters including, but not limited to, the following classifications of cases: (1) E:\FR\FM\21JYN1.SGM 21JYN1

Agencies

[Federal Register Volume 88, Number 139 (Friday, July 21, 2023)]
[Notices]
[Pages 47188-47189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15513]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean Air 
Act

    On July 13, 2023, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Northern 
District of New York in United States v. Upstate Shredding, LLC, and 
Weitsman Shredding, LLC, 3:23-cv-847 (N.D.N.Y).
    The United States filed a complaint against Upstate Shredding, LLC 
and Weitsman Shredding, LLC (``Upstate'') under section 113(a)(1) of 
the Clean Air

[[Page 47189]]

Act, 42 U.S.C. 7413(a)(1), and the New York state implementation plan. 
In the complaint, the United States seeks injunctive relief and civil 
penalties arising from alleged excess emissions of volatile organic 
compounds at the defendants' metal shredding facility in Owego, NY. The 
proposed consent decree requires the defendants to pay a civil penalty 
of $400,000, plus interest accruing from the date of entry to the 
payment date; and to install pollution control technology to limit 
future emissions of volatile organic compounds.
    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. Upstate Shredding, LLC, and Weitsman 
Shredding, LLC, D.J. Ref. No. 90-5-2-1-12564. 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 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 email request to [email protected].

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2023-15513 Filed 7-20-23; 8:45 am]
BILLING CODE 4410-15-P
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