Federal Register / Vol. 74, No. 195 / Friday, October 9, 2009 / Notices 52259 

Authority: The authority for institution of 

this investigation is contained in section 337 

of the Tariff Act of 1930, as amended, and 

in section 210.10 of the Commission’s Rules 

of Practice and Procedure, 19 CFR 210.10 

(2009). 

Scope of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

October 5, 2009, ordered that— 

(1) Pursuant to subsection (b) of 

section 337 of the Tariff Act of 1930, as 

amended, an investigation be instituted 

to determine whether there is a 

violation of subsection (a)(1)(B) of 

section 337 in the importation into the 

United States, the sale for importation, 

or the sale within the United States after 

importation of certain hybrid electric 

vehicles or components thereof that 

infringe one or more of claims 11 and 

39 of U.S. Patent No. 5,343,970, and 

whether an industry in the United 

States exists as required by subsection 

(a)(2) of section 337; 

(2) Pursuant to Commission Rule 

210.50(b)(1), 19 CFR 210.50(b)(1), the 

presiding administrative law judge shall 

take evidence or other information and 

hear arguments from the parties and 

other interested persons with respect to 

the public interest in this investigation, 

as appropriate, and provide the 

Commission with findings of fact on 

this issue; 

(3) For the purpose of the 

investigation so instituted, the following 

are hereby named as parties upon which 

this notice of investigation shall be 

served: 

(a) The complainant is—Paice 

LLC22957, Shady Knoll Drive, Bonita 

Springs, FL 34135. 

(b) The respondents are the following 

entities alleged to be in violation of 

section 337, and are the parties upon 

which the complaint is to be served: 

Toyota Motor Corporation, 1 ToyotaCho, Toyota City, Aichi Prefecture 

471–8571, Japan. 

Toyota Motor North America, Inc., 9 

West 57th Street, Suite 4900, New 

York, NY 10019. 

Toyota Motor Sales, U.S.A., Inc., 19001 

S. Western Avenue, Torrance, CA 

90509. 

(c) The Commission investigative 

attorney, party to this investigation, is 

Erin D.E. Joffre, Esq., Office of Unfair 

Import Investigations, U.S. International 

Trade Commission, 500 E Street, SW., 

Suite 401, Washington, DC 20436; and 

(4) For the investigation so instituted, 

the Honorable Paul J. Luckern, Chief 

Administrative Law Judge, U.S. 

International Trade Commission, shall 

designate the presiding Administrative 

Law Judge. 

Responses to the complaint and the 

notice of investigation must be 

submitted by the named respondents in 

accordance with section 210.13 of the 

Commission’s Rules of Practice and 

Procedure, 19 CFR 210.13. Pursuant to 

19 CFR 201.16(d) and 210.13(a), such 

responses will be considered by the 

Commission if received not later than 20 

days after the date of service by the 

Commission of the complaint and the 

notice of investigation. Extensions of 

time for submitting responses to the 

complaint and the notice of 

investigation will not be granted unless 

good cause therefor is shown. 

Failure of a respondent to file a timely 

response to each allegation in the 

complaint and in this notice may be 

deemed to constitute a waiver of the 

right to appear and contest the 

allegations of the complaint and this 

notice, and to authorize the 

administrative law judge and the 

Commission, without further notice to 

the respondent, to find the facts to be as 

alleged in the complaint and this notice 

and to enter an initial determination 

and a final determination containing 

such findings, and may result in the 

issuance of an exclusion order or a cease 

and desist order or both directed against 

a respondent. 

Issued: October 5, 2009. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–24399 Filed 10–8–09; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[USITC SE–09–026] 

Government in the Sunshine Act 

Meeting Notice 

AGENCY HOLDING THE MEETING: United 

States International Trade Commission. 

TIME AND DATE: October 13, 2009 at 2 

p.m. 

PLACE: Room 101, 500 E Street, SW., 

Washington, DC 20436, Telephone: 

(202) 205–2000. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: 

1. Agenda for future meetings: none. 

2. Minutes. 

3. Ratification List. 

4. Inv. Nos. 731–TA–753, 754, and 

756 (Second Review) (Cut-to-Length 

Carbon Steel Plate from China, Russia, 

and Ukraine)—briefing and vote. (The 

Commission is currently scheduled to 

transmit its determinations and 

Commissioners’ opinions to the 

Secretary of Commerce on or before 

October 26, 2009.) 

5. Outstanding action jackets: none. 

In accordance with Commission 

policy, subject matter listed above, not 

disposed of at the scheduled meeting, 

may be carried over to the agenda of the 

following meeting. 

Issued: October 5, 2009. 

By order of the Commission. 

William R. Bishop, 

Hearings and Meetings Coordinator. 

[FR Doc. E9–24499 Filed 10–7–09; 11:15 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Pursuant to the Clean Air Act 

Notice is hereby given that on October 

5, 2009, the United States lodged a 

proposed Consent Decree (‘‘Consent 

Decree’’) in the United States District 

Court for the Eastern District of 

Louisiana in the matter captioned 

United States and State of Louisiana v. 

Mosaic Fertilizer, LLC, Civil Action No. 

2:09–cv–6662. 

In this action, the United States and 

the State of Louisiana sought injunctive 

relief and civil penalties in connection 

with sulfur dioxide (‘‘SO2’’) emitted 

from two sulfuric acid production units 

at the Mosaic Fertilizer, LLC (‘‘Mosaic’’) 

Uncle Sam plant, located in Uncle Sam, 

Louisiana. The United States and the 

State of Louisiana alleged in a 

complaint (‘‘Complaint’’) filed 

simultaneously with the lodging of the 

Consent Decree that Mosaic was liable 

under the New Source Review 

Prevention of Significant Deterioration 

(‘‘PSD’’) provisions of the Clean Air Act, 

42 U.S.C. 7475(a), and the PSD 

provisions of the federally-approved 

Louisiana Air Control Commission 

Implementation Plan, for the failure to 

obtain a preconstruction PSD permit 

incorporating the best available control 

technology (‘‘BACT’’) when 

modifications were made to the sulfuric 

acid production units known as the 

Uncle Sam A Train and Uncle Sam D 

Train, and for the subsequent operation 

of those units without a PSD permit 

incorporating BACT. The Complaint 

also alleged that Mosaic violated the 

New Source Performance Standards 

(‘‘NSPS’’), set forth at 40 CFR 60.82– 

60.84, promulgated by EPA under 

Section 111(b)(1) of the Clean Air Act, 

42 U.S.C. 7411(b)(1), which became 

applicable to the Uncle Sam A Train 

upon its modification. 

Under the terms of the Consent 

Decree, the civil claims for relief 

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52260 Federal Register / Vol. 74, No. 195 / Friday, October 9, 2009 / Notices 

concerning the Uncle Sam Plant A Train 

and D Train would be resolved, and 

Mosaic would be required to (1) reduce 

emissions of SO2 from the Uncle Sam A 

Train and D Train to rates consistent 

with BACT; and (2) pay a civil penalty 

of $2.4 million ($1.8 million to the 

United States and $600,000 to the State 

of Louisiana). In addition, Mosaic will 

undertake a project to reduce SO2

emissions from the third sulfuric acid 

production unit at the Uncle Sam plant, 

known as the Uncle Sam E Train. For 

reasons independent of this civil action, 

Mosaic has ceased sulfuric acid 

production at its Mulberry plant in 

Bartow, Florida, and plans to 

permanently terminate production at 

that facility. The Consent Decree 

prohibits Mosaic from using the 

emission credits generated by that 

shutdown to permit increased SO2

emissions at another of its facilities. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Consent 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, et al. v. Mosaic Fertilizer, LLC, 

D.J. Ref. No. 90–5–2–1–08957. 

The Consent Decree may be examined 

at the Office of the United States 

Attorney, 500 Poydras Street, Room B– 

210, New Orleans, Louisiana 70130 and 

at U.S. EPA Region 6, 1445 Ross 

Avenue, Suite 1200, Dallas, Texas 

75202–2733. During the public 

comment period, the 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 

proposed 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 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 from the Consent Decree Library, 

please enclose a check in the amount of 

$13.25 for a copy of a version without 

signature pages and appendices (25 

cents per page reproduction cost), or 

$22.00 for a copy of a version that 

includes all signature pages and 

appendices, payable to the U.S. 

Treasury or, if by e-mail or fax, forward 

a check in the stated amount for the 

version selected to the Consent Decree 

Library at the stated address. 

Maureen Katz, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. E9–24366 Filed 10–8–09; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Proposed Information Collection 

Request Submitted for Public 

Comment and Recommendations; 

Daily Inspection of Surface Coal Mine; 

Certified Person; Reports of Inspection 

(Pertains to Surface Coal Mines) 

ACTION: Notice. 

SUMMARY: The Department of Labor, as 

part of its continuing effort to reduce 

paperwork and respondent burden 

conducts a pre-clearance consultation 

program to provide the general public 

and Federal agencies with an 

opportunity to comment on proposed 

and/or continuing collections of 

information in accordance with the 

Paperwork Reduction Act of 1995 

(PRA95) [44 U.S.C. 3506 (c)(2)(A)]. This 

program helps to ensure that requested 

data can be provided in the desired 

format, reporting burden (time and 

financial resources) is minimized, 

collection instruments are clearly 

understood, and the impact of collection 

requirements on respondents can be 

properly assessed. 

Currently, the Mine Safety and Health 

Administration (MSHA) is soliciting 

comments concerning the extension of 

the information collection related to the 

30 CFR section 77.1713; Daily 

Inspection of Surface Coal Mine; 

Certified Person; Reports of Inspection. 

DATES: Submit comments on or before 

December 8, 2009. 

ADDRESSES: Send comments to U.S. 

Department of Labor, Mine Safety and 

Health Administration, John Rowlett, 

Director, Management Services 

Division, 1100 Wilson Boulevard, Room 

2134, Arlington, VA 22209–3939. 

Commenters are encouraged to send 

their comments on a computer disk, or 

via Internet E-mail to 

Rowlett.John@dol.gov, along with an 

original printed copy. Mr. Rowlett can 

be reached at (202) 693–9827 (voice), or 

(202) 693–9801 (facsimile). 

FOR FURTHER INFORMATION CONTACT: 

Contact the employee listed in the 

ADDRESSES section of this notice. 

SUPPLEMENTARY INFORMATION: 

I. Background 

§ 77.1713 requires coal mine operators 

to conduct examinations of each active 

working area of surface mines, active 

surface installations at these mines, and 

preparation plans not associated with 

underground coal mines for hazardous 

conditions during each shift. A report of 

hazardous conditions detected must be 

entered into a record book along with a 

description of any corrective actions 

taken. 

II. Desired Focus of Comments 

MSHA is particularly interested in 

comments that: 

• 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 

agency’s 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 submissions 

of responses. 

A copy of the proposed information 

collection request can be obtained by 

contacting the employee listed in the 

FOR FURTHER INFORMATION CONTACT

section of this notice, or viewed on the 

Internet by accessing the MSHA home 

page (http://www.msha.gov) and 

selecting ‘‘FedReg. Docs’’. On the next 

screen, select ‘‘Paperwork Reduction 

Act Supporting Statement’’ to view 

documents supporting the Federal 

Register Notice. 

III. Current Actions 

Under 30 CFR 77.1713, coal mine 

operators to conduct examinations of 

each active working area of surface 

mines, active surface installations at 

these mines, and preparation plans not 

associated with underground coal mines 

for hazardous conditions during each 

shift. A report of hazardous conditions 

detected must be entered into a record 

book along with a description of any 

corrective actions taken. 

Type of Review: Extension. 

Agency: Mine Safety and Health 

Administration. 

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