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Tags: administrative law judge, allegations, federal register, further notice, importation, initial determination, patent, refrigerators, respondent, subsection, united states,
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Created: Tue Feb 26 01:24:24 2008
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                                             10286                       Federal Register / Vol. 73, No. 38 / Tuesday, February 26, 2008 / Notices

                                             upon the importation into the United                    U.S. Patent No. 6,082,130; claims 1­14                right to appear and contest the
                                             States, the sale for importation, and the               of U.S. Patent No. 6,810,680; claims 1­               allegations of the complaint and this
                                             sale within the United States after                     13 of U.S. Patent No. 6,915,644; claims               notice, and to authorize the
                                             importation of certain refrigerators and                2, 3, 7­12, 22­24, and 29 of U.S. Patent              administrative law judge and the
                                             components thereof that infringe certain                No. 6,971,730; and claims 1 and 3­20 of               Commission, without further notice to
                                             claims of U.S. Patent Nos. 6,082,130;                   U.S. Patent 7,240,980, and whether an                 the respondent, to find the facts to be as
                                             6,810,680; 6,915,644; 6,971,730; and                    industry in the United States exists as               alleged in the complaint and this notice
                                             7,240,980. The complaint, as                            required by subsection (a)(2) of section              and to enter an initial determination
                                             supplemented, further alleges that an                   337;                                                  and a final determination containing
                                             industry in the United States exists as                    (2) For the purpose of the                         such findings, and may result in the
                                             required by subsection (a)(2) of section                investigation so instituted, the following            issuance of an exclusion order or cease
                                             337.                                                    are hereby named as parties upon which                and desist orders or both directed
                                               The complainants request that the                     this notice of investigation shall be                 against the respondent.
                                             Commission institute an investigation                   served:                                                 By order of the Commission.
                                             and, after the investigation, issue an                    (a) The complainants are--                            Issued: February 21, 2008.
                                             exclusion order and cease and desist                    Whirlpool Patents Company, 500                        Marilyn R. Abbott,
                                             orders.                                                   Renaissance Drive, Suite 102, St. Joseph,
                                                                                                                                                           Secretary to the Commission.
                                             ADDRESSES:   The complaint, as                            Michigan 49085.
                                                                                                                                                           [FR Doc. E8­3575 Filed 2­25­08; 8:45 am]
                                             supplemented, except for any                            Whirlpool Manufacturing Corporation, 500
                                                                                                       Renaissance Drive, Suite 102, St. Joseph,           BILLING CODE 7020­02­P
                                             confidential information contained
                                                                                                       Michigan 49085.
                                             therein, is available for inspection
                                             during official business hours (8:45 a.m.               Whirlpool Corporation, 2000 North M­63,
                                                                                                       Benton Harbor, Michigan 49022.                      DEPARTMENT OF JUSTICE
                                             to 5:15 p.m.) in the Office of the
                                             Secretary, U.S. International Trade                     Maytag Corporation, 2000 North M­63,
                                                                                                       Benton Harbor, Michigan 49022.                      Notice of Lodging of Agreed
                                             Commission, 500 E Street, SW., Room                                                                           Amendment to the Consent Decree
                                                                                                       (b) The respondents are the following
                                             112, Washington, DC 20436, telephone                    entities alleged to be in violation of section        Providing for Remedial Actions at
                                             202­205­2000. Hearing impaired                          337, and are the parties upon which the               Neal's Landfill, Lemon Lane Landfill
                                             individuals are advised that information                complaint is to be served:                            and Bennett's Dump and Addressing
                                             on this matter can be obtained by                       LG Electronics, Inc., LG Twin Towers, 20              General Matters Under the
                                             contacting the Commission's TDD                           Yeouido-dong, Yeoungdeungpo-gu, Seoul,              Comprehensive Environmental
                                             terminal on 202­205­1810. Persons                         150­721, South Korea.                               Response, Compensation and Liability
                                             with mobility impairments who will                      LG Electronics, USA, Inc., 1000 Sylvan Ave.,          Act
                                             need special assistance in gaining access                 Englewood Cliffs, New Jersey 07632.
                                             to the Commission should contact the                    LG Electronics Monterrey, Mexico, S.A., DE,              Notice is hereby given that on
                                             Office of the Secretary at 202­205­2000.                  CV, Av. Industrias 180, Fracc Industrial            February 19, 2008, a proposed
                                             General information concerning the                        Pimsa Ote., 66603 Apodaca, Nuevo Leon,              Amendment to the Consent Decree
                                             Commission may also be obtained by                        Mexico.                                             Providing for Remedial Actions at
                                             accessing its Internet server at http://                   (c) The Commission investigative                   Neal's Landfill, Lemon Lane Landfill
                                             www.usitc.gov. The public record for                    attorney, party to this investigation, is             and Bennett's Dump and Addressing
                                             this investigation may be viewed on the                 Rett Snotherly, Esq., Office of Unfair                General Matters (``Amendment'') in
                                             Commission's electronic docket (EDIS)                   Import Investigations, U.S. International             United States of America, et al., v. CBS
                                             at http://edis.usitc.gov.                               Trade Commission, 500 E Street, SW.,                  Corporation, Civil Action No. 1:81­cv­
                                             FOR FURTHER INFORMATION CONTACT: Rett                   Room 401Q, Washington, DC 20436;                      0448­RLY­KPF was lodged with the
                                             Snotherly, Esq., Office of Unfair Import                and                                                   United States District Court for the
                                             Investigations, U.S. International Trade                   (3) For the investigation so instituted,           Southern District of Indiana.
                                             Commission, telephone (202) 205­2599.                   the Honorable Theodore R. Essex is                       In 1985, CBS entered into a Consent
                                                                                                     designated as the presiding                           Decree with the United States, the State
                                               Authority: The authority for institution of
                                                                                                     administrative law judge.                             of Indiana, the City of Bloomington and
                                             this investigation is contained in section 337
                                             of the Tariff Act of 1930, as amended, and                 Responses to the complaint and the                 Monroe County to remove and
                                             in section 210.10 of the Commission's Rules             notice of investigation must be                       incinerate PCB contamination from six
                                             of Practice and Procedure, 19 CFR 210.10                submitted by the named respondents in                 sites in and near Bloomington, Indiana.
                                             (2007).                                                 accordance with section 210.13 of the                 The proposed Amendment is the last in
                                               Scope of Investigation: Having                        Commission's Rules of Practice and                    a series of partial settlements that the
                                             considered the complaint, as                            Procedure, 19 CFR 210.13. Pursuant to                 parties have negotiated over the past 10
                                             supplemented, the U.S. International                    19 CFR 201.16(d) and 210.13(a), such                  years to replace the remedial measures
                                             Trade Commission, on February 20,                       responses will be considered by the                   in the original 1985 settlement. The
                                             2008, ordered that--                                    Commission if received not later than 20              proposed Amendment requires CBS to
                                               (1) Pursuant to subsection (b) of                     days after the date of service by the                 perform additional cleanup actions
                                             section 337 of the Tariff Act of 1930, as               Commission of the complaint and the                   selected by the U.S. Environmental
                                             amended, an investigation be instituted                 notice of investigation. Extensions of                Protection Agency to address PCB
                                             to determine whether there is a                         time for submitting responses to the                  contamination in groundwater, surface
                                             violation of subsection (a)(1)(B) of                    complaint and the notice of                           water, soils and sediment at the last
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                                             section 337 in the importation into the                 investigation will not be granted unless              three sites. CBS shall, among other
                                             United States, the sale for importation,                good cause therefor is shown.                         things, expand and operate the existing
                                             or the sale within the United States after                 Failure of a respondent to file a timely           water treatment plant at Illinois Central
                                             importation of certain refrigerators and                response to each allegation in the                    Spring, expand the collection system
                                             components thereof that infringe on one                 complaint and in this notice may be                   and operate the existing treatment plant
                                             or more of claims 1, 2, 4, 6, 8, and 9 of               deemed to constitute a waiver of the                  at Neal's Landfill, and build and operate


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                                                                         Federal Register / Vol. 73, No. 38 / Tuesday, February 26, 2008 / Notices                                            10287

                                             a new collection and treatment system                   DEPARTMENT OF JUSTICE                                 in that amount to the Consent Decree
                                             at Bennett's Dump. The Amendment                                                                              Library at the stated address.
                                             also requires CBS to pay $6.67 million                  Notice of Extension of Period for
                                                                                                                                                           Robert E. Maher, Jr.,
                                             dollars to reimburse EPA for response                   Public Comments Regarding
                                                                                                                                                           Assistant Section Chief, Environmental
                                             costs incurred in investigating and                     Settlement Agreement                                  Enforcement Section, Environment and
                                             cleaning up the sites, as well as requires                                                                    Natural Resources Division.
                                             CBS to pay $1.88 million to the                            Notice is hereby given that the period
                                                                                                                                                           [FR Doc. E8­3610 Filed 2­25­08; 8:45 am]
                                             Department of the Interior for the                      in which the Department of Justice will
                                                                                                                                                           BILLING CODE 4410­15­P
                                             purpose of restoring or replacing natural               receive public comments regarding the
                                             resources that have been injured by on-                 Settlement Agreement lodged in the
                                             going releases of PCBs from the sites.                  case of American International                        DEPARTMENT OF JUSTICE
                                                                                                     Specialty Lines Insurance Company,
                                                The Department of Justice will receive                                                                     Notice of Extension of Public
                                                                                                     Inc. v. NWI­I, Inc., et al., Civil Action
                                             for a period of thirty (30) days from the                                                                     Comment Period Regarding Lodging of
                                                                                                     No. 05­6386 (N.D. Ill.), is extended
                                             date of this publication comments                                                                             Consent Decree Pursuant to the Clean
                                                                                                     through and including April 1, 2008.
                                             relating to the Amendment. Comments                                                                           Air Act
                                                                                                     The lodging of this Settlement
                                             should be addressed to the Assistant
                                                                                                     Agreement was previously announced,                      On January 25, 2008 (73 FR 4629), the
                                             Attorney General, Environment and
                                                                                                     and a 30-day comment period                           United States Department of Justice
                                             Natural Resources Division, and either
                                                                                                     commenced, by publication in the                      published notice of the lodging of a
                                             e-mailed to pubcomment-
                                                                                                     Federal Register on January 17, 2008.                 Consent Decree in United States v. S.H.
                                             ees.enrd@usdoj.gov or mailed to P.O.
                                                                                                        Through and including April 1, 2008,               Bell Company (``S.H. Bell''), Civil Action
                                             Box 7611, U.S. Department of Justice,
                                                                                                     the Department of Justice will receive                No. 4:08­cv­96 (N.D. Ohio). The United
                                             Washington, DC 20044­7611, and                                                                                States is now extending the period for
                                             should refer to United States of                        comments relating to the Settlement
                                                                                                     Agreement. Comments should be                         public comment through and including
                                             America, et al., v. CBS Corporation, D.J.                                                                     March 10, 2008. All comments from the
                                             Ref. 90­7­1­212A.                                       addressed to the Assistant Attorney
                                                                                                                                                           public on the Consent Decree described
                                                                                                     General, Environment and Natural
                                                The Amendment may be examined at                                                                           below must be received by that date.
                                                                                                     Resources Division, and either e-mailed                  The proposed Consent Decree was
                                             the Office of the United States Attorney,
                                                                                                     to pubcomment-ees.enrd@usdoj.gov or                   lodged with the United States District
                                             10 W. Market St., Suite 2100,
                                                                                                     mailed to P.O. Box 7611, U.S.                         Court for the Northern District of Ohio
                                             Indianapolis, IN 46204, and at U.S. EPA
                                                                                                     Department of Justice, Washington, DC                 on January 14, 2008. The Consent
                                             Region V, 77 West Jackson Blvd.,
                                                                                                     20044­7611. In either case, the                       Decree resolves claims against S.H. Bell
                                             Chicago, IL 60604­3590. During the
                                                                                                     comments should refer to AISLIC v.                    brought by the United States on behalf
                                             public comment period, the
                                                                                                     NWI­I, Inc., D.J. Ref. No. 90­11­2­                   of the Environmental Protection Agency
                                             Amendment, may also be examined on
                                                                                                     07096/1.                                              (``EPA'') for violations of the Clean Air
                                             the following Department of Justice Web                                                                       Act (``CAA''), 42 U.S.C. 7401­7671q,
                                             site, http://www.usdoj.gov/enrd/                           The proposed settlement agreement
                                                                                                     may be examined at the Office of the                  regulations implementing the CAA, the
                                             Consent_Decrees.html. A copy of the                                                                           Ohio State Implementation Plan (``Ohio
                                             Amendment may also be obtained by                       United States Attorney, Northern
                                                                                                                                                           SIP'') and the Pennsylvania State
                                             mail from the Consent Decree Library,                   District of Illinois, Eastern Division, 219
                                                                                                                                                           Implementation Plan (``Pennsylvania
                                             P.O. Box 7611, U.S. Department of                       S. Dearborn St., 5th Floor, Chicago, IL
                                                                                                                                                           SIP'') at two terminals of S.H. Bell's
                                             Justice, Washington, DC 20044­7611 or                   60604, and at the Environmental                       facility located at 2217 Michigan
                                             by faxing or e-mailing a request to Tonia               Protection Agency's Region 5 office, 77               Avenue (Stateline Terminal) and 1 Saint
                                             Fleetwood (tonia.fleetwood@usdoj.gov),                  W. Jackson Blvd., Chicago, IL 60604.                  George Street East (Little England
                                             fax no. (202) 514­0097, phone                           During the public comment period, the                 Terminal), Liverpool, Ohio. In this
                                             confirmation number (202) 514­1547. In                  proposed consent decree may also be                   action, the United States sought civil
                                             requesting a copy from the Consent                      examined on the following Department                  penalties for S.H. Bell's alleged failure
                                             Decree Library, please enclose a check                  of Justice Web site: http://                          to apply for appropriate permits under
                                             in the amount of $207.25 (25 cents per                  www.usdoj.gov/enrd/                                   the CAA, the Ohio SIP and the
                                             page reproduction cost) payable to the                  Consent_Decrees.html. A copy of the                   Pennsylvania SIP for stationary sources
                                             U.S. Treasury or, if by e-mail or fax,                  proposed consent decree may also be                   at its two terminals; failure to obtain a
                                             forward a check in that amount to the                   obtained by mail from the Consent                     permit to install (``PTI''), and timely
                                             Consent Decree Library at the stated                    Decree Library, P.O. Box 7611, U.S.                   comply with control requirements of a
                                             address. In requesting a copy exclusive                 Department of Justice, Washington, DC                 valid PTI, as required by the Ohio SIP
                                             of appendices, please enclose a check in                20044­7611, or by faxing or e-mailing a               at certain stationary sources at its East
                                                                                                     request to Tonia Fleetwood                            Liverpool facility; and violations of the
                                             the amount of $17.75 (25 cents per page
                                                                                                     (tonia.fleetwood@usdoj.gov), fax number               General Provisions of the New Source
                                             reproduction cost) payable to the U.S.
                                                                                                     (202) 514­0097, phone confirmation                    Performance Standards (``NSPS'') set
                                             Treasury.                                                                                                     forth at 40 CFR 60.7 and 60.8 for
                                                                                                     number (202) 514­1547. In requesting a
                                             William Brighton,                                       copy from the Consent Decree Library,                 nonmetallic mineral processing plants.
                                             Assistant Chief, Environmental Enforcement              please enclose a check in the amount of               Under the Consent Decree, S.H. Bell
                                             Section, Environment and Natural Resources                                                                    shall: (1) Pay a civil penalty of $50,000;
                                                                                                     $33.00 (or $6.00 for a copy that omits
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                                             Division.                                                                                                     (2) comply with all applicable emissions
                                                                                                     the exhibits and signature pages) (25
                                             [FR Doc. E8­3542 Filed 2­25­08; 8:45 am]                                                                      limitations and testing requirements in
                                                                                                     cents per page reproduction cost)
                                                                                                                                                           its existing source operating permits and
                                             BILLING CODE 4410­15­P                                  payable to the United States Treasury                 any amendments; (3) cooperate with
                                                                                                     or, if by e-mail or fax, forward a check              Ohio Environmental Protection Agency
                                                                                                                                                           (``Ohio EPA'') and Pennsylvania


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