80150 Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices 

industry advice and details on steps it 

has taken that have resulted in 

significant improvement to its safety 

performance, and leadership positions it 

has taken within industry organizations, 

such as the American Petroleum 

Institute (API), the Offshore Operators 

Committee (OOC), or The Center for 

Offshore Safety (COS), with a focus on 

advancing safety. Similarly, BSEE will 

also assess how operators are providing 

guidance and supporting environmental 

research, mitigation assessments, and 

project validation of pollution 

prevention, spill preparedness/ 

response, and environmental 

compliance efforts, which not only 

benefit their operations and stewardship 

culture, but every partner in the OCS 

energy program. 

Environmental stewardship 

components that BSEE will consider 

include: 

• A sustained compliance record (≤ 

90-percent) with assigned 

environmental mitigation measures and 

similar regulatory requirements, as 

confirmed by office and field 

verification; 

• Participation and leadership with 

critical Joint Industry Project (JIP) efforts 

and within environmental and/or 

pollution prevention-focused 

workgroups and teams; 

• Response preparedness and 

planning assessments; 

• Non-compulsory enhancements and 

innovation above and beyond standard 

pollution prevention requirements; and 

• Repeated (100-percent) appropriate 

and constructive response on corrective/ 

remedial actions associated with all 

noncompliance issues. 

For information on the ‘‘Leaders in 

Advancing Safety and Environmental 

Stewardship’’ Recognition Program or 

the submission of comments, the public 

should contact Mr. Jason Mathews, 

Chief, Safety Improvement Branch, 

Regional Field Operations (GE 1073E), 

BSEE, Gulf of Mexico OCS Region, 1201 

Elmwood Park Boulevard, New Orleans, 

Louisiana 70123–2394, (504) 731–1496. 

BSEE will implement this program in 

2021, with qualifying OCS operators 

recognized in 2022 for their 2020 and 

2021 calendar year performance. BSEE 

will initiate performance reviews 

beginning in January 2021 and January 

2022, and all OCS operators who meet 

the minimum requirements and are 

selected by BSEE for recognition, will be 

identified by April-May 2022. 

Casey Hammond, 

Principal Deputy Assistant Secretary, Land 

and Minerals Management. 

[FR Doc. 2020–27237 Filed 12–10–20; 8:45 am] 

BILLING CODE 4310–VH–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1088 

(Rescission)] 

Certain Road Construction Machines 

and Components Thereof; 

Commission Decision to Institute a 

Rescission Proceeding; Permanent 

Rescission of a Seizure and Forfeiture 

Order; Termination of the Rescission 

Proceeding 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to institute 

a proceeding to determine whether to 

permanently rescind the Commission’s 

seizure and forfeiture order (‘‘SFO’’) of 

January 14, 2020 (corrected January 23, 

2020) issued against Wirtgen America, 

Inc. (‘‘Wirtgen America’’). The SFO is 

permanently rescinded. The rescission 

proceeding is terminated. 

FOR FURTHER INFORMATION CONTACT: 

Houda Morad, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

708–4716. Copies of non-confidential 

documents filed in connection with this 

investigation may be viewed on the 

Commission’s electronic docket (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. 

The public record for this investigation 

may be viewed on the Commission’s 

electronic docket (EDIS) at https:// 

edis.usitc.gov. Hearing-impaired 

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 instituted this investigation 

on November 29, 2017, based on a 

complaint, as supplemented, filed by 

Caterpillar Inc. of Peoria, Illinois and 

Caterpillar Paving Products, Inc. of 

Minneapolis, Minnesota (collectively, 

‘‘Caterpillar’’). See 82FR 56625–26 (Nov. 

29, 2017). The complaint, as 

supplemented, alleges violations of 

section 337 of the Tariff Act of 1930, as 

amended (19 U.S.C. 1337) (‘‘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 road construction machines and 

components thereof by reason of 

infringement of certain claims of U.S. 

Patent Nos. 7,140,693 (‘‘the ’693 

patent’’); 9,045,871; and 7,641,419. See 

id. The notice of investigation identifies 

the following respondents: Wirtgen 

GmbH of Windhagen, Germany; Joseph 

Vo ̈gele AG of Ludwigshafen, Germany; 

Wirtgen Group Holding GmbH of 

Windhagen, Germany; and Wirtgen 

America of Antioch, Tennessee 

(collectively, ‘‘Wirtgen’’). See id. The 

Office of Unfair Import Investigations is 

not a party to this investigation. See id. 

On June 27, 2019, the Commission 

found a violation of section 337 in the 

above-identified investigation based on 

the infringement of claim 19 of the ’693 

patent and issued a limited exclusion 

order against the infringing articles and 

a cease and desist order (collectively, 

‘‘the remedial orders’’) against Wirtgen 

America. The United States Customs 

and Border Protection (‘‘Customs’’) 

subsequently excluded six Wirtgen 

redesigned series 1810 machines in 

December 2019. Based on such 

exclusion, the Commission issued the 

subject SFO on January 14, 2020 

(corrected January 23, 2020). On March 

13, 2020, Wirtgen filed an appeal from 

the SFO (‘‘the SFO appeal’’) to the U.S. 

Court of Appeals for the Federal Circuit 

(‘‘Federal Circuit’’). 

On January 30, 2020, Wirtgen filed a 

civil action against Customs and related 

U.S. government parties (collectively, 

‘‘the U.S. government’’) in the U.S. 

Court of International Trade (‘‘CIT’’) 

under 28 U.S.C. 1581(a) and (i). The 

Commission moved to intervene to 

contest the CIT’s exercise of 

jurisdiction, and the CIT denied the 

Commission’s motion. The CIT 

exercised jurisdiction under section 

1581(a) over the U.S. government’s 

objections and granted summary 

judgment for Wirtgen as to the excluded 

entries of the redesigned machines at 

issue. The CIT also ordered Customs to 

release the machines for entry into the 

United States no later than Thursday, 

May 21, 2020. On July 14, 2020, the U.S. 

government appealed the CIT’s decision 

to the Federal Circuit (‘‘the CIT 

appeal’’). 

On May 21, 2020, arguing that the 

predicate for the SFO had been 

invalidated by the CIT, Wirtgen filed an 

emergency motion to stay or temporarily 

rescind the SFO pending resolution of 

any CIT appeal. On June 10, 2020, the 

Commission determined to deny 

Wirtgen’s motion to stay, but granted 

Wirtgen’s motion for temporary 

rescission of the SFO, thus temporarily 

suspending the SFO until such time as 

the CIT’s decision is modified, stayed, 

or overturned. On June 15, 2020, the 


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Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices 80151 

Commission filed a motion to stay the 

SFO appeal pending reinstatement of 

the SFO by the Commission or 

resolution of any CIT appeal by the 

Federal Circuit. On July 29, 2020, the 

Federal Circuit granted the 

Commission’s motion to stay the SFO 

appeal until the suspension of the SFO 

is lifted or until final disposition of the 

CIT appeal. 

Concurrently, on January 16, 2020, 

the Commission instituted a 

modification proceeding to determine 

whether Wirtgen’s redesigned series 

1810 machines infringe claim 19 of the 

’693 patent. On August 31, 2020, the 

Commission determined that Wirtgen’s 

redesigned machines do not infringe 

and issued modified remedial orders 

exempting the redesigned machines 

from the scope of the orders. Caterpillar 

did not appeal the Commission’s noninfringement determination to the 

Federal Circuit, and therefore, the 

Commission’s non-infringement 

determination is now final. 

Consequently, on November 5, 2020, the 

U.S. government moved to dismiss the 

CIT appeal. On December 4, 2020, the 

Federal Circuit dismissed the CIT 

appeal. 

In view of the Federal Circuit’s 

dismissal of the CIT appeal, the 

Commission has determined to institute 

a rescission proceeding and to 

permanently rescind the SFO. The 

rescission proceeding is hereby 

terminated. 

The Commission’s vote for this 

determination took place on December 

7, 2020. 

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: December 7, 2020. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2020–27195 Filed 12–10–20; 8:45 am] 

BILLING CODE 7020–02–P 

JUDICIAL CONFERENCE OF THE 

UNITED STATES 

Advisory Committee on Bankruptcy 

Rules; Hearing of the Judicial 

Conference 

AGENCY: Advisory Committee on the 

Federal Rules of Bankruptcy Procedure, 

Judicial Conference of the United States. 

ACTION: Notice of Cancellation of Open 

Hearing. 

SUMMARY: The following remote public 

hearing on proposed amendments to the 

Federal Rules of Bankruptcy Procedure 

has been canceled: Bankruptcy Rules 

Hearing on January 7, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca A. Womeldorf, Secretary, 

Committee on Rules of Practice and 

Procedure of the Judicial Conference of 

the United States, Thurgood Marshall 

Federal Judiciary Building, One 

Columbus Circle NE, Suite 7–300, 

Washington, DC 20544, Telephone (202) 

502–1820, RulesCommittee_Secretary@

ao.uscourts.gov. 

SUPPLEMENTARY INFORMATION: 

Announcements for this hearing were 

previously published in 85 FR 48562. 

Authority: 28 U.S.C. 2073. 

Dated: December 8, 2020. 

Rebecca A. Womeldorf, 

Chief Counsel, Rules Committee Staff. 

[FR Doc. 2020–27279 Filed 12–10–20; 8:45 am] 

BILLING CODE 2210–55–P 

JUDICIAL CONFERENCE OF THE 

UNITED STATES 

Advisory Committee on Appellate 

Rules; Hearing of the Judicial 

Conference 

AGENCY: Advisory Committee on the 

Federal Rules of Appellate Procedure, 

Judicial Conference of the United States. 

ACTION: Notice of Cancellation of Open 

Hearing. 

SUMMARY: The following remote public 

hearing on proposed amendments to the 

Federal Rules of Appellate Procedure 

has been canceled: Appellate Rules 

Hearing on January 4, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca A. Womeldorf, Secretary, 

Committee on Rules of Practice and 

Procedure of the Judicial Conference of 

the United States, Thurgood Marshall 

Federal Judiciary Building, One 

Columbus Circle NE, Suite 7–300, 

Washington, DC 20544, Telephone (202) 

502–1820, RulesCommittee_Secretary@

ao.uscourts.gov. 

SUPPLEMENTARY INFORMATION: 

Announcements for this hearing were 

previously published in 85 FR 48562. 

Authority: 28 U.S.C. 2073. 

Dated: December 8, 2020. 

Rebecca A. Womeldorf, 

Chief Counsel, Rules Committee Staff. 

[FR Doc. 2020–27278 Filed 12–10–20; 8:45 am] 

BILLING CODE 2210–55–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

King Wong, M.D.; Decision and Order 

On November 12, 2019, the Assistant 

Administrator, Diversion Control 

Division, Drug Enforcement 

Administration (hereinafter, 

Government), issued an Order to Show 

Cause (hereinafter, OSC) to King Wong, 

M.D. (hereinafter, Registrant). OSC, at 1. 

The OSC proposed the revocation of 

Registrant’s Certificate of Registration 

No. AL1804409. Id. It alleged that 

Registrant is without ‘‘authority to 

handle controlled substances in 

California, the state in which [Registrant 

is] registered with the DEA.’’ Id. (citing 

21 U.S.C. 823(f) and 824(a)(3)). 

Specifically, the OSC alleged that 

Registrant surrendered his medical 

license pursuant to an agreement with 

the Medical Board of California on 

March 18, 2019, and that his license 

remains surrendered. Id. at 1–2. The 

OSC further alleged that because 

Registrant surrendered his medical 

license, Registrant lacks the authority to 

handle controlled substances in the 

State of California. Id. at 2. 

The OSC notified Registrant of the 

right to either request a hearing on the 

allegations or submit a written 

statement in lieu of exercising the right 

to a hearing, the procedures for electing 

each option, and the consequences for 

failing to elect either option. Id. (citing 

21 CFR 1301.43). The OSC also notified 

Registrant of the opportunity to submit 

a corrective action plan. Id. at 3 (citing 

21 U.S.C. 824(c)(2)(C)). 

A DEA Diversion Investigator 

personally served Registrant with the 

OSC on December 13, 2019, and 

Registrant signed a DEA Form 12, 

Receipt for Cash or Other Items, to 

acknowledge his receipt of the OSC. 

Request for Final Agency Action Exhibit 

(hereinafter, RFAAX) 8, at 2–3 

(Declaration of Diversion Investigator); 

RFAAX 5 (DEA Form 12 signed by 

Registrant). I find that more than thirty 

days have now passed since the 

Government accomplished service of 

the OSC. Further, based on the 

Government’s written representations, I 

find that neither Registrant, nor anyone 

purporting to represent Registrant, 

requested a hearing, submitted a written 

statement while waiving Registrant’s 

right to a hearing, or submitted a 

corrective action plan. RFAAX 8, at 3; 

RFAAX 6 (Emails regarding no 

communication from Registrant). 

Accordingly, I find that Registrant has 

waived the right to a hearing and the 

right to submit a written statement and 


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