Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 71378 [2023-22775]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 71378 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices Hesai filed petitions for inter partes review before the Patent Trial and Appeal Board with respect to two of the patents at issue in this investigation. On September 14, 2023, Hesai and OUII filed their responses to Ouster’s notice of recent developments. The Commission has determined to review and, on review, to affirm the subject ID with modification. In particular, the Commission strikes the ‘‘wholly groundless’’ legal standard discussion and analysis at pages 11–12 and 16 of the subject ID, including the following statements: (1) ‘‘[T]he ALJ then must make a secondary inquiry to determine whether the assertion of arbitrability is ‘wholly groundless.’ If it is determined that the assertion of arbitrability is not ‘wholly groundless.’ ’’ ID at 11. (2) ‘‘Therefore, Hesai’s claim for arbitration is not ‘wholly groundless.’ ’’ ID at 11–12. (3) ‘‘In other words, the demand for arbitration is ‘not wholly groundless.’ ’’ ID at 16. The Supreme Court previously overruled the ‘‘wholly groundless’’ exception, holding that ‘‘[w]hen the parties’ contract delegates the arbitrability question to an arbitrator, a court may not override the contract . . . even if the court thinks that the argument that the arbitration agreement applies to a particular dispute is wholly groundless . . . In sum, we reject the ‘wholly groundless’ exception.’’ Henry Schein, Inc. v. Archer & White Sales, Inc., 139 S. Ct. 524, 529– 31 (2019). The Commission also addresses a typographical error at page 10 of the subject ID by modifying ‘‘See id. at ¶ 9.5’’ to state ‘‘See id. at ¶ 9.4.’’ This is a citation for the sentence in the subject ID that states ‘‘[t]he Choice of Law for purposes of construing the Settlement Agreement is designated as California law,’’ and Section 9.4 of the Settlement Agreement on ‘‘Governing Law’’ is the section that determines the choice of law for the Settlement Agreement. With regard to Ouster’s notice of recent developments, the Commission finds that, under the facts of this investigation, Hesai’s separately filed inter partes review petitions do not prevent the Commission from determining that the investigation must be terminated in favor of arbitration. The Commission also notes that the Settlement Agreement provides that ‘‘either Party shall have the right to challenge the validity and enforceability of any Patent in defense to a suit or assertion of a claim relating to any such Patent that is brought against a Party or alleging infringement by a Licensee Product or a Velodyne Product.’’ Settlement Agreement section 3.4 (‘‘Contesting Validity’’). VerDate Sep<11>2014 17:03 Oct 13, 2023 Jkt 262001 The investigation is terminated. The Commission vote for this determination took place on October 10, 2023. 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: October 11, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–22754 Filed 10–13–23; 8:45 am] BILLING CODE 7020–02–P 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 $3.75 (25 cents per page reproduction cost) payable to the United States Treasury. Patricia McKenna, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2023–22775 Filed 10–13–23; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) On October 10, 2023, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the District of Nebraska in the lawsuit entitled United States of America v. Dravo Corp., et al., Civ. No. 8:01–cv–00500–JFB–TBT (D. Neb.). The proposed consent decree resolves claims against Desco Corporation pursuant to section 107(a) CERCLA for response costs incurred and to be incurred by EPA for Operable Unit 01 of the Hastings Groundwater Contamination Superfund Site and requires the Defendant to make a payment of $131,067 to EPA. 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 of America v. Dravo Corp., et al., D.J. Ref. No. 90–11–2– 1260/10. 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 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 DEPARTMENT OF LABOR Office of the Secretary Senior Executive Service; Appointment of Members to the Performance Review Board Title 5 U.S.C. 4314(c)(4) provides that Notice of the Appointment of the individual to serve as a member of the Performance Review Board of the Senior Executive Service shall be published in the Federal Register. The following individuals are hereby appointed to serve on the Department’s Performance Review Board: Permanent Membership Chair—Nikki McKinney, Associate Deputy Secretary Vice-Chair—Carolyn AngusHornbuckle, Assistant Secretary for Administration and Management Alternate Vice-Chair—Sydney Rose, Chief Human Capital Officer Rotating Membership—Appointments Expire on 09/30/26 BLS Tony Williams, Associate Commissioner for Technology and Survey Processing EBSA Amber Rivers, Director of Health Plan Standards and Compliance Assistance ETA Nicholas Lalpuis, Regional Administrator, Dallas ILAB Molly McCoy, Associate Deputy Undersecretary MSHA Brian Goepfert, Administrator for Mine Safety and Health Enforcement OASAM Carl Campbell, Senior Procurement Executive ODEP Jennifer Sheehy, Deputy Assistant Secretary E:\FR\FM\16OCN1.SGM 16OCN1

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[Federal Register Volume 88, Number 198 (Monday, October 16, 2023)]
[Notices]
[Page 71378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22775]


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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 October 10, 2023, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of Nebraska in the lawsuit entitled United States of America v. Dravo 
Corp., et al., Civ. No. 8:01-cv-00500-JFB-TBT (D. Neb.).
    The proposed consent decree resolves claims against Desco 
Corporation pursuant to section 107(a) CERCLA for response costs 
incurred and to be incurred by EPA for Operable Unit 01 of the Hastings 
Groundwater Contamination Superfund Site and requires the Defendant to 
make a payment of $131,067 to EPA.
    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 of America v. Dravo Corp., et al., D.J. 
Ref. No. 90-11-2-1260/10. 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 $3.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Patricia McKenna,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2023-22775 Filed 10-13-23; 8:45 am]
BILLING CODE 4410-15-P
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