78732 Federal Register / Vol. 75, No. 241 / Thursday, December 16, 2010 / Notices 

FOR FURTHER INFORMATION CONTACT: 

Brenda Tapia, (703) 358–2104 

(telephone); (703) 358–2280 (fax); 

DMAFR@fws.gov (e-mail). 

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures 

A. How do I request copies of 

applications or comment on submitted 

applications? 

Send your request for copies of 

applications or comments and materials 

concerning any of the applications to 

the contact listed under ADDRESSES. 

Please include the Federal Register 

notice publication date, the PRTnumber, and the name of the applicant 

in your request or submission. We will 

not consider requests or comments sent 

to an e-mail or address not listed under 

ADDRESSES. If you provide an email 

address in your request for copies of 

applications, we will attempt to respond 

to your request electronically. 

Please make your requests or 

comments as specific as possible. Please 

confine your comments to issues for 

which we seek comments in this notice, 

and explain the basis for your 

comments. Include sufficient 

information with your comments to 

allow us to authenticate any scientific or 

commercial data you include. 

The comments and recommendations 

that will be most useful and likely to 

influence agency decisions are: (1) 

Those supported by quantitative 

information or studies; and (2) Those 

that include citations to, and analyses 

of, the applicable laws and regulations. 

We will not consider or include in our 

administrative record comments we 

receive after the close of the comment 

period (see DATES) or comments 

delivered to an address other than those 

listed above (see ADDRESSES). 

B. May I review comments submitted by 

others? 

Comments, including names and 

street addresses of respondents, will be 

available for public review at the 

address listed under ADDRESSES. The 

public may review documents and other 

information applicants have sent in 

support of the application unless our 

allowing viewing would violate the 

Privacy Act or Freedom of Information 

Act. Before including your address, 

phone number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

II. Background 

To help us carry out our conservation 

responsibilities for affected species, the 

Endangered Species Act of 1973, section 

10(a)(1)(A), as amended (16 U.S.C. 1531 

et seq.), and our regulations in the Code 

of Federal Regulations (CFR) at 50 CFR 

17, the Marine Mammal Protection Act 

of 1972, as amended (16 U.S.C. 1361 et 

seq.), and our regulations in the Code of 

Federal Regulations (CFR) at 50 CFR 18 

require that we invite public comment 

before final action on these permit 

applications. Under the MMPA, you 

may request a hearing on any MMPA 

application received. If you request a 

hearing, give specific reasons why a 

hearing would be appropriate. The 

holding of such a hearing is at the 

discretion of the Service Director. 

III. Permit Applications 

A. Endangered Species 

Applicant: Earl Bruno, Eden, TX; PRT 

28015A 

The applicant requests a permit for 

interstate and foreign commerce, export 

and cull of excess barasingha (Rucervus 

duvauceli) from their captive herd for 

the purpose of enhancement of the 

survival of the species in the wild. This 

notification covers activities to be 

conducted by the applicant over a 5- 

year period. 

Applicant: Los Angeles Zoo, Los 

Angeles, CA; PRT–106091 

The applicant requests renewal of 

their permit to import live captive born 

juvenile peninsular pronghorns 

(Antilocapra americana peninsularis) 

from Mexico, for the purpose of 

enhancement of the survival of the 

species. This notification covers 

activities to be conducted by the 

applicant over a 5-year period 

Applicant: Natural History Museum of 

Los Angeles, Los Angeles, CA; PRT– 

30660A 

The applicant requests a permit to 

export and re-import nonliving museum 

specimens of endangered and 

threatened species previously 

accessioned into the applicant’s 

collection for scientific research. This 

notification covers activities to be 

conducted by the applicant over a 5- 

year period. 

Multiple Applicants 

The following applicants each request 

a permit to import the sport-hunted 

trophy of one male bontebok 

(Damaliscus pygargus pygargus) culled 

from a captive herd maintained under 

the management program of the 

Republic of South Africa, for the 

purpose of enhancement of the survival 

of the species. 

Applicant: John Estes, Abilene, TX; 

PRT–29150A 

Applicant: Timothy Reiger; Leesport, 

PA; PRT–28789A 

Applicant: Gary Bailey, Williams, MN; 

PRT–23847A 

B. Endangered Marine Mammals and 

Marine Mammals 

Applicant: Thomas A. Postel, Minneola, 

FL; PRT–19806A 

On September 23, 2010, we published 

a Federal Register notice inviting the 

public to comment on this application 

for a permit to conduct certain activities 

with endangered species (75 FR 57977). 

The applicant subsequently submitted 

additional information in support of his 

application; therefore, we are reopening 

the comment period. The applicant 

requests a permit to photograph Florida 

manatees (Trichechus manatus) above 

and underwater for commercial and 

educational purposes. This notification 

covers activities to be conducted by the 

applicant over a 1-year period. 

Concurrent with publishing this notice 

in the Federal Register, we are 

forwarding copies of the above 

applications to the Marine Mammal 

Commission and the Committee of 

Scientific Advisors for their review. 

Dated: December 10, 2010. 

Brenda Tapia, 

Program Analyst/Data Administrator, Branch 

of Permits, Division of Management 

Authority. 

[FR Doc. 2010–31591 Filed 12–15–10; 8:45 am] 

BILLING CODE 4310–55–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–725] 

In the Matter of Certain Caskets; Notice 

of Commission Issuance of a Limited 

Exclusion Order Against Infringing 

Products of Respondent Found in 

Default; Termination of Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has issued a limited 

exclusion order against infringing 

products of Ataudes Aguilares, S. de 

R.L. de C.V. of Guadalajara, Mexico 

(‘‘Ataudes Aguilares’’), which was 

previously found in default, and has 

terminated the above-captioned 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 241 / Thursday, December 16, 2010 / Notices 78733 

investigation under section 337 of the 

Tariff Act of 1930, as amended (19 

U.S.C. 1337). 

FOR FURTHER INFORMATION CONTACT: 

Megan M. Valentine, Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

708–2301. Copies of non-confidential 

documents filed in connection with this 

investigation are or will be available for 

inspection during official business 

hours (8:45 a.m. to 5:15 p.m.) in the 

Office of the Secretary, U.S. 

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 at 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. 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 July 8, 2010, based on a complaint 

filed by Batesville Services, Inc. of 

Batesville, Indiana (‘‘Batesville’’). 75 FR 

16837–38 (July 8, 2010). The complaint 

alleges violations of section 337 of the 

Tariff Act of 1930, as amended, 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 caskets by 

reason of infringement of certain claims 

of U.S. Patent Nos. 5,611,124; 5,727,291; 

6,836,936; 6,976,294; and 7,340,810. 

The Commission’s notice of 

investigation named Ataudes Aguilares 

as the lone respondent. 

On August 12, 2010, Batesville 

moved, pursuant to Commission Rule 

210.16(b) (19 CFR 210.16(b)), for an 

order to show cause why Ataudes 

Aguilares should not be found in default 

for failure to respond to the Complaint 

and Notice of Investigation and for a 

finding of default upon the failure to 

show cause. On August 19, 2010, the 

Commission investigative attorney 

(‘‘IA’’) filed a response in support of the 

motion. The presiding administrative 

law judge (‘‘ALJ’’) issued the requested 

order, instructing Ataudes Aguilares to 

show cause, no later than the close of 

business on September 21, 2010, why it 

should not be found in default. Order 

No. 4 (Aug. 31, 2010). No response to 

Order No. 4 was filed, and the ALJ 

subsequently issued an initial 

determination (‘‘ID’’) finding Ataudes 

Aguilares in default. Order No. 5 (Sept. 

24, 2010). The Commission determined 

not to review the ID and issued a Notice 

requesting briefing from interested 

parties on remedy, the public interest, 

and bonding. 75 FR 65379–80 (Oct. 22, 

2010). 

The IA and Batesville submitted 

briefing responsive to the Commission’s 

request on November 3 and 4, 2010, 

respectively. Each proposed a limited 

exclusion order directed to Ataudes 

Aguilares’s accused products and 

recommended allowing entry under a 

bond of 100 percent of the entered value 

during the period of Presidential review. 

The Commission found that the 

statutory requirements of section 

337(g)(1)(A)–(E) (19 U.S.C. 

1337(g)(1)(A)–(E)) were met with respect 

to the defaulting respondent. 

Accordingly, pursuant to section 

337(g)(1) (19 U.S.C. 1337(g)(1)) and 

Commission rule 210.16(c) (19 CFR 

210.16(c)), the Commission presumed 

the facts alleged in the complaint to be 

true. 

The Commission has determined that 

the appropriate form of relief in this 

investigation is a limited exclusion 

order prohibiting the unlicensed entry 

of certain caskets that are manufactured 

abroad by or on behalf of, or imported 

by or on behalf of, respondent Aguilares 

by reason of infringement of claims 1, 

13, 27, and 44–53 U.S. Patent No. 

5,611,124; claims 1, 6, 8, 9, 16, 17, 19, 

and 21 of U.S. Patent No. 5,727,291; 

claims 1 and 2 of U.S. Patent No. 

6,836,936; claims 1, 2, 5–8, 11, and 12 

of U.S. Patent No. 6,976,294; and claims 

1, 2, 4, and 5 of U.S. Patent No. 

7,340,810. The Commission further 

determined that the public interest 

factors enumerated in section 337(g)(1) 

(19 U.S.C. 1337(g)(1)) do not preclude 

issuance of the limited exclusion order. 

Finally, the Commission determined 

that the bond for importation during the 

period of Presidential review shall be in 

the amount of 100 percent of the entered 

value of the imported subject articles. 

The Commission’s order was delivered 

to the President and the United States 

Trade Representative on the day of its 

issuance. 

The Commission has terminated this 

investigation. 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 sections 210.16(c) and 

210.41 of the Commission’s Rules of 

Practice and Procedure (19 CFR 

210.16(c) and 210.41). 

By order of the Commission. 

Issued: December 13, 2010. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 2010–31647 Filed 12–15–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Air Act 

Notice is hereby given that on 

December 10, 2010, a proposed Consent 

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

and Puget Sound Clean Air Agency v. 

U.S. Oil & Refining Co., Case No. 3:10– 

cv–05899, was lodged with the United 

States District Court for the Western 

District of Washington. 

In a complaint filed on the same day, 

the United States alleged that U.S. Oil 

& Refining Co. (‘‘U.S. Oil’’) was liable for 

violations at its refinery in Tacoma, 

Washington, pursuant to Section 113(b), 

42 U.S.C. 7413(b). Specifically, the 

complaint alleges that U.S. Oil violated 

the National Emission Standards for 

Hazardous Air Pollutants for Benzene 

Waste Operations (the ‘‘Benzene 

NESHAP’’), 40 CFR part 61, Subpart FF, 

the National Emission Standards for 

Hazardous Air Pollutants for Petroleum 

Refineries concerning leak detection 

and repair (the ‘‘LDAR regulations’’), 40 

CFR part 63, Subpart CC, and the 

National Emission Standards for 

Hazardous Air Pollutants for Petroleum 

Refineries concerning emissions from 

catalytic reforming units and sulfur 

recovery plants, 40 CFR part 63, Subpart 

UUU. The complaint also alleges 

violations of Title V of the Clean Air 

Act, 42 U.S.C. 7661–7661f. 

Pursuant to the Decree, U.S. Oil will: 

(1) Pay a civil penalty of $230,000; (2) 

implement at least $746,000 in 

supplemental environmental projects; 

(3) enhance U.S. Oil’s Benzene NESHAP 

compliance program; and (4) implement 

measures, in addition to compliance 

with the LDAR regulations, to minimize 

or eliminate fugitive emissions from 

components in the light liquid and 

gaseous service in its refinery. 

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, 

Environment and Natural Resources 

Division, and either e-mailed 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 Puget Sound Clean Air 


srobinson on DSKHWCL6B1PROD with NOTICES