516 Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices 

International Trade Commission, 500 E 

Street SW., Washington, DC 20436, 

telephone (202) 205–2000. 

General information concerning the 

Commission may also be obtained by 

accessing its Internet server (http://

www.usitc.gov). The public record for 

this investigation may be viewed on the 

Commission’s electronic docket (EDIS) 

at http://edis.usitc.gov. Hearingimpaired persons are advised that 

information on this matter can be 

obtained by contacting the 

Commission’s TDD terminal on (202) 

205–1810. 

SUPPLEMENTARY INFORMATION: The 

Commission has received a complaint, 

as amended, filed on behalf of Digitude 

Innovations LLC on December 16, 2011. 

The complaint alleges violations of 

section 337 of the Tariff Act of 1930 (19 

U.S.C. 1337) in the importation into the 

United States, the sale for importation, 

and the sale within the United States 

after importation of certain portable 

communication devices. The complaint 

names Research In Motion Ltd. of 

Canada; Research In Motion Corp. of 

Irving, TX; HTC Corporation of Taiwan; 

HTC America, Inc. of Bellevue, WA; LG 

Electronics, Inc. of South Korea; LG 

Electronics U.S.A. Inc. of Englewood 

Cliffs, NJ; LG Electronics MobileComm 

U.S.A. Inc. of San Diego, CA; Motorola 

Mobility Holdings, Inc. of Libertyville, 

Illinois; Samsung Electronics Co., Ltd. 

of South Korea; Samsung Electronics 

America, Inc. of Ridgefield Park, New 

Jersey; Samsung Telecommunications 

America, LLC of Richardson, TX; Sony 

Corporation of Japan; Sony Corporation 

of America of New York, NY; Sony 

Electronics, Inc. of San Diego, CA; Sony 

Ericsson Mobile Communication AB of 

Sweden; Sony Ericsson Mobile 

Communication (USA) Inc. of Research 

Triangle Park, NC; Amazon.com, Inc. of 

Seattle, WA; Nokia Corporation of 

Finland; Nokia Inc. of Irving, TX; 

Pantech & Curitel Communication, Inc. 

of South Korea; Pantech Wireless, Inc. 

of Atlanta, Georgia as respondents. 

The complainant, proposed 

respondents, other interested parties, 

and members of the public are invited 

to file comments, not to exceed five 

pages in length, on any public interest 

issues raised by the complaint. 

Comments should address whether 

issuance of an exclusion order and/or a 

cease and desist order in this 

investigation would negatively affect the 

public health and welfare in the United 

States, competitive conditions in the 

United States economy, the production 

of like or directly competitive articles in 

the United States, or United States 

consumers. 

In particular, the Commission is 

interested in comments that: 

(i) Explain how the articles 

potentially subject to the orders are used 

in the United States; 

(ii) Identify any public health, safety, 

or welfare concerns in the United States 

relating to the potential orders; 

(iii) Indicate the extent to which like 

or directly competitive articles are 

produced in the United States or are 

otherwise available in the United States, 

with respect to the articles potentially 

subject to the orders; and 

(iv) Indicate whether Complainant, 

Complainant’s licensees, and/or third 

party suppliers have the capacity to 

replace the volume of articles 

potentially subject to an exclusion order 

and a cease and desist order within a 

commercially reasonable time. 

Written submissions must be filed no 

later than by close of business, five 

business days after the date of 

publication of this notice in the Federal 

Register. There will be further 

opportunities for comment on the 

public interest after the issuance of any 

final initial determination in this 

investigation. 

Persons filing written submissions 

must file the original document and 12 

true copies thereof on or before the 

deadlines stated above with the Office 

of the Secretary. Submissions should 

refer to the docket number (‘‘Docket No. 

2861’’) in a prominent place on the 

cover page and/or the first page. The 

Commission’s rules authorize filing 

submissions with the Secretary by 

facsimile or electronic means only to the 

extent permitted by section 201.8 of the 

rules (see Handbook for Electronic 

Filing Procedures, http://www.usitc.gov/ 

secretary/fed_reg_notices/rules/

documents/handbook_on_electronic_

filing.pdf. Persons with questions 

regarding electronic filing should 

contact the Secretary (202) 205–2000). 

Any person desiring to submit a 

document to the Commission in 

confidence must request confidential 

treatment. All such requests should be 

directed to the Secretary to the 

Commission and must include a full 

statement of the reasons why the 

Commission should grant such 

treatment. See 19 CFR 201.6. Documents 

for which confidential treatment by the 

Commission is properly sought will be 

treated accordingly. All nonconfidential 

written submissions will be available for 

public inspection at the Office of the 

Secretary. 

This action is taken under the 

authority of section 337 of the Tariff Act 

of 1930, as amended (19 U.S.C. 1337), 

and of sections 201.10 and 210.50(a)(4) 

of the Commission’s Rules of Practice 

and Procedure (19 CFR 201.10, 

210.50(a)(4)). 

By order of the Commission. 

Issued: December 29, 2011. 

James R. Holbein, 

Secretary to the Commission. 

[FR Doc. 2011–33771 Filed 1–4–12; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed Natural 

Resource Damages Consent Decree 

Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

Notice is hereby given that on 

December 29, 2011, a proposed Consent 

Decree in United States and State of 

New Mexico v. Freeport-McMoRan Corp. 

et al. (‘‘Freeport-McMoRan Consent 

Decree’’), Civil Action No. 1:11–cv–1140 

(D. N.M.), was lodged with the United 

States District Court for the District of 

New Mexico. 

The Complaint in this case was filed 

against Freeport-McMoRan Corporation, 

Freeport-McMoRan Chino Mines 

Company, Freeport-McMoRan Tyrone 

Inc., Freeport-McMoRan Tyrone Mining 

LLC, and Freeport-McMoRan Cobre 

Mining Company (collectively 

‘‘Freeport-McMoRan’’) on December 29, 

2011. The cause of action is based on 

Section 107(a) of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act of 

1980, as amended (‘‘CERCLA’’), 42 

U.S.C. 9607(a). The Complaint alleges 

that Freeport-McMoRan is civilly liable 

for payment of damages for injuries to 

natural resources belonging to, managed 

by, or controlled by the United States 

and the State of New Mexico that 

resulted from hazardous substance 

releases at and from FreeportMcMoRan’s Chino Mine, Tyrone Mine, 

and Cobre Mine in southwestern New 

Mexico. The Complaint further alleges 

that surface waters, ground water, 

terrestrial habitat and wildlife, and 

migratory birds have been injured, 

destroyed, or lost as a result of releases 

of hazardous substances at and from the 

mine sites. 

Under the settlement, FreeportMcMoRan will pay $5.5 million to the 

United States Department of the 

Interior’s Natural Resource Damage 

Assessment and Restoration Fund, 

which can be used to restore, 

rehabilitate, replace, or acquire the 

equivalent of wildlife and wildlife 

habitat injured, destroyed, or lost as a 

result of releases at the mine sites. 

Freeport-McMoRan will also convey to 


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Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices 517 

the New Mexico State Parks Division 

approximately 715 acres of land 

adjacent to the City of Rocks State Park 

in Grant County, New Mexico to further 

offset natural resource losses at the mine 

sites. Finally, Freeport-McMoRan will 

reimburse the Department of Interior’s 

remaining unpaid past natural resource 

damage assessment costs, which amount 

to $59,750.99. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Freeport-McMoRan 

Consent Decree. Comments should be 

addressed to the Assistant Attorney 

General, Environment and Natural 

Resources Division, and either emailed 

to pubcomment-ees-enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States and State of New Mexico v. 

Freeport-McMoran Corp. et al., Case No. 

1:11–cv–1140 (D. N.M.), D.J. Ref. 90–11– 

3–08069. 

During the public comment period, 

the Freeport-McMoRan Consent Decree 

may also be examined on the following 

Department of Justice Web site: http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Freeport-McMoRan Consent Decree may 

also be obtained by mail from the 

Consent Decree Library, P.O. Box 7611, 

U.S. Department of Justice, Washington, 

DC 20044–7611 or by faxing or emailing 

a request to ‘‘Consent Decree Copy’’ 

(EESCDCopy.ENRD@usdoj.gov), fax no. 

(202) 514–0097, phone confirmation 

number (202) 514–5271. If requesting a 

copy from the Consent Decree Library 

by mail, please enclose a check in the 

amount of $14.75 (25 cents per page 

reproduction cost) payable to the U.S. 

Treasury or, if requesting by email or 

fax, forward a check in that amount to 

the Consent Decree Library at the 

address given above. 

Ronald G. Gluck, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2011–33803 Filed 1–4–12; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

Notice is hereby given that on 

December 29, 2011, a proposed Consent 

Decree (‘‘Decree’’) in United States and 

State of Rhode Island v. Ashland, Inc., 

et al., Civil Action No. 11–558, was 

lodged with the United States District 

Court for the District of Rhode Island. 

The Decree resolves claims of the 

United States and the State of Rhode 

Island pursuant to Sections 106 and 107 

of the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (‘‘CERCLA’’), 42 U.S.C. 9606, 9607, 

against seven parties in connection with 

the Davis Liquid Waste Superfund Site 

located in Smithfield, Rhode Island 

(‘‘Site’’). The Decree requires the settling 

defendants to perform the remedial 

action selected in the Amended Record 

of Decision (‘‘Amended ROD’’) issued 

on September 20, 2010. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Decree. Comments should 

be addressed to the Assistant Attorney 

General, Environmental and Natural 

Resources Division, and either emailed 

to pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States and State of Rhode Island v. 

Ashland, Inc., et al., Civil Action No. 

11–558, D.J. Ref. 90–11–2–137/3. 

During the public comment period, 

the Consent Decree also may be 

examined on the following Department 

of Justice Web site: http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Decree may also be obtained by mail 

from the Consent Decree Library, P.O. 

Box 7611, U.S. Department of Justice, 

Washington, DC 20044–7611 or by 

faxing or emailing a request to ‘‘Consent 

Decree Copy’’ 

(EESCDCopy.ENRD@usdoj.gov), fax no. 

(202) 514–0097, phone confirmation 

number (202) 514–5271. If requesting a 

copy from the Consent Decree Library, 

please enclose a check in the amount of 

$71.00 (25 cents per page reproduction 

cost) payable to the U.S. Treasury or, if 

by email or fax, forward a check in that 

amount to the Consent Decree Library at 

the address given above. If requesting a 

copy exclusive of exhibits, please 

enclose a check in the amount of $17.00. 

Ronald Gluck, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 2011–33804 Filed 1–4–12; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Air Act 

Notice is hereby given that on 

December 29, 2011, a proposed consent 

decree in United States, et al. v. Essroc 

Cement Company, Civil Action No. 

2:11–cv–0650–DSC was lodged with the 

United States District Court for the 

Western District of Pennsylvania. 

In this action the United States and 

Indiana, Pennsylvania, Puerto Rico and 

West Virginia sought injunctive relief 

and civil penalties for violations of the 

following statutory and regulatory 

requirements of the Clean Air Act (the 

‘‘Act’’) at Essroc cement plants: the 

Prevention of Significant Deterioration 

(‘‘PSD’’) provisions of the Act, 42 U.S.C. 

7470 to 7492; the nonattainment New 

Source Review (‘‘nonattainment NSR’’) 

provisions of the Act, 42 U.S.C. 7501 to 

7515; the federally-approved and 

enforceable state implementation plans, 

or SIPs, which incorporate and/or 

implement the above-listed Federal PSD 

and/or nonattainment NSR 

requirements; and, Title V of the Act, 42 

U.S.C. 7661 to 7661f, and Title V’s 

implementing Federal and state 

regulations. The proposed consent 

decree requires installation and 

continuous operation of a selective noncatalytic reduction system (SNCR) for 

NOX at five cement kilns. The proposed 

consent decree also requires testing a 

selective catalytic reduction system 

(SCR) for NOX control at two cement 

kilns. If the SCR tests are unsuccessful, 

Essroc will apply SNCR at each of the 

kilns. For controlling SO2, Essroc will 

install a Dry Scrubber/Lime Injection 

system at seven cement kilns. Two 

cement kilns, under the proposed 

settlement, will be permanently retired. 

As mitigation for violations under the 

Act, Essroc will replace old engines in 

several off-road vehicles at its facilities. 

Essroc will also pay a civil penalty of 

$1.7 million, with 50 percent ($850,000) 

payable to the United States and the 

remander allocated among the four 

states. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the proposed consent decree. 

Comments should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, and either emailed to 

pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States, et al. v. Essroc Cement Company, 

Civil Action No. 2:11–cv–0650–DSC (DJ 

No. 90–5–2–1–09608). 

During the public comment period, 

the proposed consent decree, may also 

be examined on the following 

Department of Justice Web site, http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 


emcdonald on DSK5VPTVN1PROD with NOTICES