Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices 81311 

1The Commission has not modified the ceaseand-desist order directed to SBC because the 

findings of infringement by SBC were not appealed 

and therefore remain intact. 

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 November 15, 2007, based on a 

complaint filed by Funai Electric Co., 

Ltd. of Japan and Funai Corporation of 

Rutherford, New Jersey (collectively 

‘‘Funai’’) against several respondents 

including Vizio and AmTran. 72 FR 

64240 (2007). The complaint alleged 

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 digital television 

products and certain products 

containing same by reason of 

infringement of one or more claims of 

U.S. Patent Nos. 6,115,074 (‘‘the ‘074 

patent’’) and 5,329,369. 

On April 10, 2009, the Commission 

terminated this investigation with a 

finding of violation of Section 337 by 

reason of infringement of claims 1, 5, 

and 23 of the ‘074 patent. 74 FR 17511 

(2009). The Commission issued a 

limited exclusion order prohibiting 

importation into the United States of 

certain digital televisions and certain 

products containing the same within the 

scope of the investigation that are 

covered by one or more of claims 1, 5, 

and 23 of the ‘074 patent and that are 

manufactured abroad by or on behalf of, 

or imported by or on behalf of various 

respondents in the above referenced 

investigation, including Vizio, Inc. 

(‘‘Vizio’’); AmTran Technology Co., Ltd. 

(‘‘AmTran’’); Syntax-Brillian Corporation 

(‘‘SBC’’); Taiwan Kolin Co., Ltd.; 

Proview International Holdings, Ltd.; 

Proview Technology (Shenzhen) Co., 

Ltd.; Proview Technology, Ltd.; TPV 

Technology, Ltd. (‘‘TPV Technology’’); 

TPV International (USA), Inc. (‘‘TPV 

USA’’); Top Victory Electronics 

(Taiwan) Co., Ltd. (‘‘Top Victory 

Electronics’’); and Envision Peripherals, 

Inc. (‘‘Envision’’). Cease-and-desist 

orders were issued against Vizio, TPV 

USA, Envision, and SBC. 

Respondents Vizio, AmTran, TPV 

Technology, TPV USA, Top Victory 

Electronics, and Envision appealed to 

the United States Court of Appeals for 

the Federal Circuit (‘‘Federal Circuit’’). 

On May 26, 2010, the Federal Circuit 

issued a decision reversing certain 

Commission findings of infringement by 

so-called ‘‘work-around’’ products and 

ordering the Commission to take action 

consistent with its opinion. See Vizio, 

Inc. v. Int’l Trade Comm’n, 605 F.3d 

1330 (Fed. Cir. 2010). 

Shortly before the Federal Circuit 

issued its opinion, respondents Vizio 

and AmTran settled with complainant 

Funai and moved to rescind the limited 

exclusion order and cease-and-desist 

orders with respect to these 

respondents. On August 9, 2010, the 

Commission rescinded the limited 

exclusion order and the cease-and-desist 

orders with respect to Vizio and 

AmTran.1

The Federal Circuit issued its 

mandate on October 28, 2010 sub nom. 

TPV Technology v. U.S. International 

Trade Commission. In accordance with 

the Federal Circuit’s order, the 

Commission has determined to modify 

the limited exclusion order and the 

cease-and-desist orders directed to the 

activities of TPV USA and Envision. 

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 

section 210.76(a)(1) of the Commission’s 

Rules of Practice and Procedure (19 CFR 

210.76(a)(1)). 

By order of the Commission. 

Issued: December 21, 2010. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 2010–32412 Filed 12–23–10; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Settlement 

Agreement Under the Comprehensive 

Environmental Response, 

Compensation and Liability Act and 

Chapter 11 of the United States 

Bankruptcy Code 

Notice is hereby given that on 

December 20, 2010, a proposed 

Settlement Agreement (‘‘Agreement’’) in 

In re Erving Industries, Inc., Case No. 

09–30623 (Bankr. D. Mass), was lodged 

with the United States Bankruptcy 

Court for the District of Massachusetts. 

The Agreement was entered into by the 

United States, on behalf of the United 

States Environmental Protection Agency 

(‘‘EPA’’) and the United States Army 

Corps of Engineers (the ‘‘Corps’’), and 

Erving Industries, Inc. (‘‘Debtor’’). The 

Agreement relates to liabilities of the 

Debtor under the Comprehensive 

Environmental Response, Compensation 

and Liability Act of 1980, 42 U.S.C. 

9601 et seq. (‘‘CERCLA’’). 

The Agreement provides that the Past 

Response Cost Claim shall be allowed as 

an unsecured claim in the amount of 

$25,000, and paid as an unsecured 

claim in accordance with the terms of 

the Debtor’s plan of reorganization. 

This Agreement does not preclude: (a) 

Claims against the Debtor by the United 

States under Section 107 of CERCLA, 42 

U.S.C. 9607, for recovery of response 

costs incurred after January 15, 2010 

with respect to response actions taken at 

Debtor-Owned Property, the Mill, and/ 

or the Birch Hill Dam Area including 

such response actions taken to address 

hazardous substances that have 

migrated or that may migrate from such 

Debtor-Owned Property, and/or the 

Mill, including but not limited to the 

Birch Hill Dam Area; and (b) Actions 

against the Debtor by the United States 

under CERCLA or RCRA seeking to 

compel the performance of a removal 

action, remedial action, corrective 

action, closure or any other cleanup 

action at Debtor-Owned Property, and/ 

or the Mill, including actions to address 

hazardous substances that have 

migrated, or that may migrate, from 

such Debtor-Owned Property, and/or 

the Mill, including but not limited to 

the Birch Hill Dam Area. The Debtor 

further agrees that such claims are not 

discharged or impacted in any way by 

the bankruptcy proceeding or 

confirmation of plan of reorganization. 

The United States has available to it all 

avenues to pursue such enforcement 

actions, and both parties reserve all 

defenses and counterclaims, except 

those provided under the Bankruptcy 

Code. 

Under the Agreement, the Debtor 

must comply with all obligations under 

the 2007 Consent Decree entered in 

United States v. Baldwinville Products, 

Inc., et.al. (C.A. No. 4:07–CV–40146) (D. 

Mass.). These obligations are not 

effected in any way by this bankruptcy 

proceeding or confirmation of a plan of 

reorganization. 

Under the Agreement, the United 

States covenants not to bring civil or 

administrative actions against the 

Debtor pursuant to Section 107 of 

CERCLA relating to Past Response 


erowe on DSK5CLS3C1PROD with NOTICES
81312 Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices 

Costs. This covenant not to sue is 

conditioned upon the complete and 

satisfactory performance by the Debtor 

of its obligations under the Agreement. 

The covenant not to sue applies only to 

the Debtor and does not prevent the 

United States from suing other persons. 

Additionally, the covenant not to sue is 

limited to Section 107 actions under 

CERCLA related to Past Response Costs; 

the United States reserves its rights to 

all other claims against the Debtor. The 

Debtor also covenants not to sue or to 

assert any claims against the United 

States with respect to Past Response 

Costs. 

For a period of 30 days from the date 

of this publication, the Department of 

Justice will receive comments relating to 

the Agreement. 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, and should refer to In re Erving 

Industries, Inc., Case No. 09–30623 

(Bankr. D. Mass) and D.J. Ref. No. 90– 

11–3–1728/2. A copy of the comments 

should be sent to Catherine Adams 

Fiske, Department of Justice, 

Environmental Enforcement Section, 

One Gateway Center, Suite 616, 

Newton, MA 02458 or e-mailed to her 

at addie.fiske@usdoj.gov. 

The Agreement may be examined at 

the Office of the United States Attorney, 

District of Massachusetts, 595 Main St # 

206, Worcester, MA 01608–2025. During 

the public comment period, the 

Agreement may also be examined on the 

following Department of Justice website, 

http://www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Agreement 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 e-mailing a request to Tonia 

Fleetwood (tonia.fleetwood@usdoj.gov), 

fax no. (202) 514–0097, phone 

confirmation number (202) 514–1547. In 

requesting a copy of the Agreement from 

the Consent Decree Library, please 

enclose a check in the amount of $2.75 

(25 cents per page reproduction cost) 

payable to the U.S. Treasury (if the 

request is by fax or email, forward a 

check to the Consent Decree library at 

the address stated above). 

Maureen Katz, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2010–32378 Filed 12–23–10; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives 

[OMB Number 1140–0028] 

Agency Information Collection 

Activities: Proposed Collection; 

Comments Requested 

ACTION: 30-Day Notice of Information 

Collection Under Review: Inventories, 

Licensed Explosives Importers, 

Manufacturers, Dealers, and Permittees. 

The Department of Justice (DOJ), 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives (ATF) will be submitting 

the following information collection 

request to the Office of Management and 

Budget (OMB) for review and approval 

in accordance with the Paperwork 

Reduction Act of 1995. The proposed 

information collection is published to 

obtain comments from the public and 

affected agencies. This proposed 

information collection was previously 

published in the Federal Register 

Volume 75, Number 204, page 65381 on 

October 22, 2010, allowing for a 60 day 

comment period. 

The purpose of this notice is to allow 

for an additional 30 days for public 

comment until January 26, 2011. This 

process is conducted in accordance with 

5 CFR 1320.10. 

Written comments and/or suggestions 

regarding the items contained in this 

notice, especially the estimated public 

burden and associated response time, 

should be directed to The Office of 

Management and Budget, Office of 

Information and Regulatory Affairs, 

Attention Department of Justice Desk 

Officer, Washington, DC 20503. 

Additionally, comments may be 

submitted to OMB via facsimile to (202) 

395–5806. 

Written comments and suggestions 

from the public and affected agencies 

concerning the proposed collection of 

information are encouraged. Your 

comments should address one or more 

of the following four points: 

—Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

—Evaluate the accuracy of the agencies 

estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

—Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

—Minimize the burden of the collection 

of information on those who are to 

respond, including through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms 

of information technology, e.g., 

permitting electronic submission of 

responses. 

Overview of This Information 

Collection 

(1) Type of Information Collection: 

Extension of a currently approved 

collection. 

(2) Title of the Form/Collection: 

Inventories, Licensed Explosives 

Importers, Manufacturers, Dealers, and 

Permittees. 

(3) Agency form number, if any, and 

the applicable component of the 

Department of Justice sponsoring the 

collection: Form Number: ATF REC 

5400/1. Bureau of Alcohol, Tobacco, 

Firearms and Explosives. 

(4) Affected public who will be asked 

or required to respond, as well as a brief 

abstract: Primary: Business or other forprofit. Other: none. Abstract: The 

records show the explosive material 

inventories of those persons engaged in 

various activities within the explosive 

industry and are used by the 

government as initial figures from 

which an audit trail can be developed 

during the course of a compliance 

inspection or criminal investigation. 

Licensees and permittees shall keep 

records on the business premises for 

five years from the date a transaction 

occurs or until discontinuance of 

business or operations by licensees or 

permittees. 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: There will be an estimated 

13,106 respondents, who will complete 

the records within approximately 2 

hours. 

(6) An estimate of the total burden (in 

hours) associated with the collection: 

There are an estimated 26,212 total 

burden hours associated with this 

collection. 

If additional information is required 

contact: Lynn Murray, Department 

Clearance Officer, United States 

Department of Justice, Policy and 

Planning Staff, Justice Management 

Division, Two Constitution Square, 

Room 2E–502, 145 N Street, NE., 

Washington, DC 20530. 


erowe on DSK5CLS3C1PROD with NOTICES