9358 Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Notices 

response to its notice of institution (71 

FR 64294, November 1, 2006) of the 

subject five-year reviews were adequate. 

Accordingly, the Commission 

determined that it would conduct full 

reviews pursuant to section 751(c)(5) of 

the Act (72 FR 6746, February 13, 2007). 

A record of the Commissioners’ votes, 

the Commission’s statement on 

adequacy, and any individual 

Commissioner’s statements are available 

from the Office of the Secretary and at 

the Commission’s Web site. 

Participation in the reviews and 

public service list.—Persons, including 

industrial users of the subject 

merchandise and, if the merchandise is 

sold at the retail level, representative 

consumer organizations, wishing to 

participate in these reviews as parties 

must file an entry of appearance with 

the Secretary to the Commission, as 

provided in section 201.11 of the 

Commission’s rules, by 45 days after 

publication of this notice. A party that 

filed a notice of appearance following 

publication of the Commission’s notice 

of institution of the reviews need not 

file an additional notice of appearance. 

The Secretary will maintain a public 

service list containing the names and 

addresses of all persons, or their 

representatives, who are parties to the 

reviews. 

Limited disclosure of business 

proprietary information (BPI) under an 

administrative protective order (APO) 

and BPI service list.—Pursuant to 

section 207.7(a) of the Commission’s 

rules, the Secretary will make BPI 

gathered in these reviews available to 

authorized applicants under the APO 

issued in the reviews, provided that the 

application is made by 45 days after 

publication of this notice. Authorized 

applicants must represent interested 

parties, as defined by 19 U.S.C. 1677(9), 

who are parties to the reviews. A party 

granted access to BPI following 

publication of the Commission’s notice 

of institution of the reviews need not 

reapply for such access. A separate 

service list will be maintained by the 

Secretary for those parties authorized to 

receive BPI under the APO. 

Staff report.—The prehearing staff 

report in these reviews will be placed in 

the nonpublic record on July 9, 2007, 

and a public version will be issued 

thereafter, pursuant to section 207.64 of 

the Commission’s rules. 

Hearing.—The Commission will hold 

a hearing in connection with the 

reviews beginning at 9:30 a.m. on July 

26, 2007, at the U.S. International Trade 

Commission Building. Requests to 

appear at the hearing should be filed in 

writing with the Secretary to the 

Commission on or before July 18, 2007. 

A nonparty who has testimony that may 

aid the Commission’s deliberations may 

request permission to present a short 

statement at the hearing. All parties and 

nonparties desiring to appear at the 

hearing and make oral presentations 

should attend a prehearing conference 

to be held at 9:30 a.m. on July 23, 2007, 

at the U.S. International Trade 

Commission Building. Oral testimony 

and written materials to be submitted at 

the public hearing are governed by 

sections 201.6(b)(2), 201.13(f), 207.24, 

and 207.66 of the Commission’s rules. 

Parties must submit any request to 

present a portion of their hearing 

testimony in camera no later than 7 

business days prior to the date of the 

hearing. 

Written submissions.—Each party to 

the reviews may submit a prehearing 

brief to the Commission. Prehearing 

briefs must conform with the provisions 

of section 207.65 of the Commission’s 

rules; the deadline for filing is July 18, 

2007. Parties may also file written 

testimony in connection with their 

presentation at the hearing, as provided 

in section 207.24 of the Commission’s 

rules, and posthearing briefs, which 

must conform with the provisions of 

section 207.67 of the Commission’s 

rules. The deadline for filing 

posthearing briefs is August 21, 2007; 

witness testimony must be filed no later 

than three days before the hearing. In 

addition, any person who has not 

entered an appearance as a party to the 

reviews may submit a written statement 

of information pertinent to the subject of 

the reviews on or before August 21, 

2007. On September 24, 2007, the 

Commission will make available to 

parties all information on which they 

have not had an opportunity to 

comment. Parties may submit final 

comments on this information on or 

before September 26, 2007, but such 

final comments must not contain new 

factual information and must otherwise 

comply with section 207.68 of the 

Commission’s rules. All written 

submissions must conform with the 

provisions of section 201.8 of the 

Commission’s rules; any submissions 

that contain BPI must also conform with 

the requirements of sections 201.6, 

207.3, and 207.7 of the Commission’s 

rules. The Commission’s rules do not 

authorize filing of submissions with the 

Secretary by facsimile or electronic 

means, except to the extent permitted by 

section 201.8 of the Commission’s rules, 

as amended, 67 FR 68036 (November 8, 

2002). Even where electronic filing of a 

document is permitted, certain 

documents must also be filed in paper 

form, as specified in II (C) of the 

Commission’s Handbook on Electronic 

Filing Procedures, 67 FR 68168, 68173 

(November 8, 2002). 

Additional written submissions to the 

Commission, including requests 

pursuant to section 201.12 of the 

Commission’s rules, shall not be 

accepted unless good cause is shown for 

accepting such submissions, or unless 

the submission is pursuant to a specific 

request by a Commissioner or 

Commission staff. 

In accordance with sections 201.16(c) 

and 207.3 of the Commission’s rules, 

each document filed by a party to the 

reviews must be served on all other 

parties to the reviews (as identified by 

either the public or BPI service list), and 

a certificate of service must be timely 

filed. The Secretary will not accept a 

document for filing without a certificate 

of service. 

Authority: These reviews are being 

conducted under authority of title VII of the 

Tariff Act of 1930; this notice is published 

pursuant to section 207.62 of the 

Commission’s rules. 

Issued: February 23, 2007. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E7–3542 Filed 2–28–07; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–493 (Remand)] 

In the Matter of Certain Zero-MercuryAdded Alkaline Batteries, Parts 

Thereof, and Products Containing 

Same; Notice of Commission Decision 

To Terminate Remanded Investigation 

With a Finding of No Violation 

AGENCY: International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to 

terminate the above-captioned 

remanded investigation with a finding 

of no violation of section 337. 

FOR FURTHER INFORMATION CONTACT: 

Christal Sheppard, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

708–2301. Copies of the ALJ’s ID and all 

other nonconfidential 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 


rmajette on PROD1PC67 with NOTICES
Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Notices 9359 

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. 

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 June 2, 2003, based on a complaint 

filed by Energizer Holdings, Inc. and 

Eveready Battery Company, Inc. 

(collectively, ‘‘EBC’’), both of St. Louis, 

Missouri. 68 FR 32771 (June 2, 2003). 

The complaint, as supplemented, 

alleged violations of section 337 of the 

Tariff Act of 1930 in the importation 

into the United States, the sale for 

importation, and the sale within the 

United States after importation of 

certain zero-mercury-added alkaline 

batteries, parts thereof, and products 

containing same by reason of 

infringement of claims 1–12 of U.S. 

Patent No. 5,464,709 (‘‘the ’709 patent’’). 

The complaint and notice of 

investigation named 26 respondents and 

were later amended to include an 

additional firm as a respondent. The 

investigation has been terminated as to 

claims 8–12 of the ’709 patent. Several 

respondents have been terminated from 

the investigation for various reasons. 

On October 1, 2004, the Commission 

issued notice in the original 

investigation that it had determined to 

terminate the investigation with a 

finding of no violation of section 337 on 

the basis that the asserted claims of the 

’709 patent were invalid for 

indefiniteness. EBC appealed the 

Commission’s final determination to the 

U.S. Court of Appeals for the Federal 

Circuit (‘‘Federal Circuit’’). On January 

25, 2006, the Federal Circuit issued its 

decision in the appeal, reversing the 

Commission’s final determination and 

remanding the investigation to the 

Commission. Energizer Holdings, Inc. v. 

International Trade Commission, 435 

F.3d 1366 (Fed. Cir. 2006). The Federal 

Circuit issued its mandate on March 20, 

2006. On April 14, 2006, the 

Commission issued an order directing 

all parties to the investigation to provide 

comments on how this investigation 

should proceed, including comments on 

whether and to what extent the 

investigation should be remanded to the 

ALJ. 

Having considered the record in this 

investigation, including the comments 

received pursuant to the Commission’s 

order of April 14, 2006, the Commission 

has determined to terminate this 

investigation with a finding of no 

violation of section 337. Specifically, 

the Commission has determined that the 

asserted claims are invalid for failure to 

meet the written description 

requirement and that, if valid, they are 

not infringed by respondents’ products. 

Vice Chairman Aranoff and 

Commissioner Lane dissented from the 

Commission’s final determination. 

This action is taken under the 

authority of section 337 of the Tariff Act 

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

and sections 210.41–.51 of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 210.41–.51). 

Issued: February 23, 2007. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E7–3583 Filed 2–28–07; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Stipulation and 

Order Pursuant to Safe Drinking Water 

Act and Resource Recovery and 

Conservation Act 

Notice is hereby given that on 

February 12, 2007, a proposed 

settlement in United States v. Martin 

Ain, Civil No. 04–2912, has been lodged 

with the United States District Court for 

the Eastern District of New York. 

In this action, the United States sued 

Ain for violations of the Safe Drinking 

Water Act (‘‘SDWA’’), 42 U.S.C. 300h, et 

seq., and the Solid Waste Disposal Act, 

as amended by the Resource 

Conservation and Recovery Act and the 

Hazardous and Solid Waste 

Amendments of 1984 (‘‘RCRA’’), 42 

U.S.C. 6901 et seq., in connection with 

the injection of fluids into wells on a 

property located at 257/259 Main Street, 

Town of Hempstead, New York, the 

failure to determine if contaminated 

soils and sludges were hazardous wastes 

and the failure to respond adequately to 

U.S. Environmental Protection Agency 

information requests. Ain has come into 

compliance with SDWA and RCRA. The 

settlement requires Ain to pay a civil 

penalty of $80,000. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the settlement. Comments 

should be addressed to the Assistant 

Attorney General, Environmental and 

Natural Resources Division, P.O. Box 

7611, U.S. Department of Justice, 

Washington, DC 20044–7611, and 

should refer to U.S. v. Martin Ain, D.J. 

Ref. 90–5–1–1–07662. 

The settlement may be examined at 

the Office of the United States Attorney, 

Eastern District of New York, 610 

Federal Plaza, Central Islip, New York 

11722, and at the Region II Office of the 

U.S. Environmental Protection Agency, 

Region II Records Center, 290 

Broadway, 17th Floor, New York, NY 

10007–1866. During the public 

comment period, the settlement may 

also be examined on the following 

Department of Justice Web site: http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

settlement 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 $2.00 (25 cents per 

page production cost) payable to the 

U.S. Treasury or, if by e-mail or fax, 

forward a check in that amount to the 

Consent Decree Library at the stated 

address. 

Ronald Gluck, 

Assistant Chief, Environmental Enforcement 

Section, Environmental and Natural 

Resources Division. 

[FR Doc. 07–908 Filed 2–28–07; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Consent Decree Under the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act 

Notice is hereby given that on 

February 20, 2007, a Consent Decree in 

United States of America v. FMC 

Corporation, Civil Action No. 05–5663, 

was lodged with the United States 

District Court for the Eastern District of 

Pennsylvania. 

The proposed consent decree with 

FMC Corporation (‘‘FMC’’) resolves the 

claims of the United States on behalf of 

EPA against FMC for past response costs 

under Section 107(a) of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

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

connection with the East Tenth Street 

Superfund Site (‘‘Site’’) in Marcus Hook, 

Delaware County, Pennsylvania. 


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