Federal Register / Vol. 62, No. 191 / Thursday, October 2, 1997 / Notices 51683

1995, based on a complaint filed by

Crucible Materials Corporation

(‘‘Crucible’’), alleging infringement of

claims 1–3 of Crucible’s U.S. Letters

Patent 4,588,439 (‘‘the 439 patent’’). On

October 11, 1995, the investigation was

terminated as to respondents San Huan

New Materials High Tech, Inc. (‘‘San

Huan’’), Ningbo Konit Industries, Inc.

(‘‘Ningbo’’), and Tridus International,

Inc. (‘‘Tridus’’) (collectively

‘‘respondents’’) based on the

Commission’s grant of respondents

unilateral motion for issuance of a

consent order wherein those

respondents agreed not to sell for

importation, import, or sell after

importation magnets ‘‘which infringe

any of claims 1–3 of the 439 Patent.’’ On

May 16, 1996, the Commission

instituted a formal enforcement

proceeding based on an enforcement

complaint filed by Crucible alleging that

respondents had violated that consent

order by importing or selling magnets

that infringed the claims in issue of the

439 patent. On December 24, 1996,

following an evidentiary hearing, the

presiding administrative law judge

(‘‘ALJ’’) issued a recommended

determination (‘‘RD’’) finding that

respondents had violated the consent

order on 33 different days and

recommending that the Commission

impose a civil penalty of $1,625,000 on

respondents. The Commission adopted

the bulk of the RD’s findings on

violation on April 8, 1997, and issued

an opinion explaining that

determination on April 15, 1997,

finding that respondents had violated

the consent order on 31 days between

October 11, 1995, and October 10, 1996.

The Commission invited the parties to

submit briefs on the appropriate

remedy, public interest, and the amount

of bond to be imposed during any

Presidential review period required, and

directed Crucible and the Commission

investigative attorney (‘‘IA’’) to submit

proposed remedial orders.

Having considered the RD, the

exceptions thereto, and proposed

alternative findings of fact and

conclusions of law, as well as the entire

record in this proceeding, the

Commission determined to impose a

civil penalty of $ 1,550,000 on

respondents San Huan, Ningbo, and

Tridus. The Commission also has

determined to revoke the consent order

effective upon approval by the President

of a permanent limited exclusion order

directed to foreign respondents San

Huan and Ningbo and a permanent

cease and desist order directed to

domestic respondent Tridus. The

Commission determined that the

statutory public interest factors

enumerated in 19 U.S.C. § 1337(d) and

(f) do not preclude issuance of the

aforementioned remedial orders. Since

revocation of the consent order is

contingent on Presidential approval of

the alternative remedial measures,

respondents were not required to post a

bond for importations or sales of

infringing products during the

Presidential review period. The

Commission also denied Crucible’s

request for attorneys’ fees and its

request that the Commission reconsider

its determination regarding the effect of

the U.S. Court of Appeals for the

Federal Circuit’s decision in Maxwell v.

J. Baker, Inc. 86 F.3d 1098, 29

U.S.P.Q.2d 1001 (Fed. Cir.), reh’g

denied, suggestion of reh’g in banc

declined (1996), cert. denied, 117 S. Ct.

1244 (1997), on the Commission’s

doctrine of equivalents infringement

analysis. Finally, the Commission

denied respondents’ request to have

Crucible file periodic reports concerning

its status as a domestic industry.

This action is taken under the

authority of section 337 of the Tariff Act

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

and section 210.75 of the Commission’s

Rules of Practice and Procedure (19 CFR

§ 210.75).

Issued: September 26, 1997.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 97–26163 Filed 10–01–97; 8:45 am]

BILLING CODE 7020–02–P

DEPARTMENT OF JUSTICE

Office of the Assistant Attorney

General for Civil Rights

Certification of the Maine Human

Rights Act Under the Americans With

Disabilities Act

AGENCY: Department of Justice.

ACTION: Notice of preliminary

determination of equivalency and

certification hearings.

SUMMARY: The Department of Justice

(Department) has determined that the

State of Maine Human Rights Act, 5

MRSA § 4553 et seq., as implemented by

the Maine Accessibility Regulations

(together, the Maine law), meets or

exceeds the new construction and

alterations requirements of title III of the

Americans with Disabilities Act of 1990

(ADA). The Department proposes to

issue a final certification, pursuant to 42

U.S.C. § 12188(b)(1)(A)(ii) and 28 CFR

§ 36.601 et seq., which would constitute

rebuttable evidence, in any enforcement

proceeding, that a building constructed

or altered in accordance with the Maine

law meets or exceeds the requirements

of the ADA. The Department will hold

informal hearings on the proposed

certification in Washington, D.C. and

Augusta, Maine.

DATES: To be assured of consideration,

comments must be in writing and must

be received on or before December 1,

1997. The hearing in Augusta, Maine is

scheduled for Friday, October 17, 1997

at 10:00 AM, Eastern Time. The hearing

in Washington, D.C. is scheduled for

Tuesday, December 2, 1997 at 2:00 PM,

Eastern Time.

ADDRESSES: Comments on the

preliminary determination of

equivalency and on the proposal to

issue final certification of equivalency

of the Maine law should be sent to: John

L. Wodatch, Chief, Disability Rights

Section, Civil Rights Division, U.S.

Department of Justice, P.O. Box 66738,

Washington, D.C. 20035–6738.

The hearings will be held at:

Augusta, Maine: Room 113, State Office

Building, Augusta, Maine.

Washington, D.C.: Disability Rights

Section, 1425 New York Avenue,

N.W., Suite 4039, Washington, D.C.

FOR FURTHER INFORMATION CONTACT: John

L. Wodatch, Chief, Disability Rights

Section, Civil Rights Division, U.S.

Department of Justice, P.O. Box 66738,

Washington, D.C. 20035–6738.

Telephone number (800) 514–0301

(Voice) or (800) 514–0383 (TDD).

Copies of this notice are available in

formats accessible to individuals with

vision impairments and may be

obtained by calling (800) 514–0301

(Voice) or (800) 514–0383 (TDD). Copies

of the Maine law and supporting

materials may be inspected by

appointment at 1425 New York Avenue,

N.W., Suite 4039, Washington, D.C. by

calling Tito Mercado at (202) 307–0663

(Voice/TDD). This is not a toll-free

number.

SUPPLEMENTARY INFORMATION:

Background

The ADA authorizes the Department

of Justice, upon application by a State

or local government, to certify that a

State or local law that establishes

accessibility requirements meets or

exceeds the minimum requirements of

title III of the ADA for new construction

and alterations. 42 U.S.C.

§ 12188(b)(1)(A)(ii); 28 CFR § 36.601 et

seq. Final certification constitutes

rebuttable evidence, in any ADA

enforcement action, that a building

constructed or altered in accordance

with the certified code complies with

the new construction and alterations

requirements of title III of the ADA.
51684 Federal Register / Vol. 62, No. 191 / Thursday, October 2, 1997 / Notices

By letter dated July 21, 1995, the

Maine Human Rights Commission

requested that the Department of Justice

(Department) certify that the Maine

Human Rights Act, 5 MRSA § 4553 et

seq., as implemented by the Maine

Accessibility Regulations (together, the

Maine law), meets or exceeds the new

construction and alterations

requirements of title III of the ADA.

The Department has analyzed the

Maine law and has preliminarily

determined that it meets or exceeds the

new construction and alterations

requirements of title III of the ADA. By

letter dated September 23, 1997, the

Department notified the Maine Human

Rights Commission of its preliminary

determination of equivalency.

Effect of Certification

The certification determination will

be limited to the version of the Maine

law that has been submitted to the

department. The certification will not

apply to amendments or interpretations

that have not been submitted and

reviewed by the Department.

Certification will not apply to

buildings constructed by or for State or

local government entities, which are

subject to title II of the ADA. Nor does

certification apply to accessibility

requirements that are addressed by the

Maine law that are not addressed by the

ADA Standards for Accessible Design.

Finally, certification does not apply to

variances or waivers granted under the

Maine law. Therefore, if a builder

receives a variance, waiver,

modification, or other exemption from

the requirements of the Maine law for

any element of construction or

alternations, the certification

determination will not constitute

evidence of ADA compliance with

respect to that element.

Procedure

The department will hold informal

hearings in Washington, D.C. and

Augusta, Maine to provide an

opportunity for interested persons,

including individuals with disabilities,

to express their views with respect to

the preliminary determination of

equivalency of the Maine law. Interested

parties who wish to testify at a hearing

should contact Tito Mercado at (202)

307–0663 (Voice/TDD). This is not a

toll-free number.

The hearing sites will be accessible to

individuals with disabilities.

Individuals who require sign language

interpreters or other auxiliary aids

should contact Tito Mercado at (202)

307–0663 (Voice/TDD). This is not a

toll-free number.

Dated: September 22, 1997.

Isabelle Katz Pinzler,

Acting Assistant Attorney General for Civil

Rights.

[FR Doc. 97–25993 Filed 10–1–97; 8:45 am]

BILLING CODE 4410–13–M

DEPARTMENT OF JUSTICE

Office of the Assistant Attorney

General for Civil Rights

Certification of the Maine Human

Rights Act Under the Americans With

Disabilities Act

AGENCY: Office of the Assistant Attorney

General for Civil Rights, Department of

Justice.

ACTION: Notice of hearings.

SUMMARY: The Department of Justice

will hold informal hearings on the

proposed certification that the Maine

Human Rights Act, 5 MRSA § 4553 et

seq., as implemented by the Maine

Accessibility Regulations, meets or

exceeds the new construction and

alterations requirements of title III of the

Americans with Disabilities Act (ADA)

in Washington, D.C. and Augusta,

Maine.

DATES: The hearing in Augusta, Maine is

scheduled for Friday, October 17, 1997

at 10:00 AM, Eastern Time. The hearing

in Washington, D.C. is scheduled for

Tuesday, December 2, 1997, at 2:00 PM,

Eastern Time.

ADDRESSES: The hearings will be held at:

Augusta, Maine: Room 113, State Office

Building, Augusta, Maine.

Washington, D.C.: Disability Rights

Section, 1425 New York Avenue,

N.W., Suite 4039, Washington, D.C.

FOR FURTHER INFORMATION CONTACT: John

L. Wodatch, Chief, Disability Rights

Section, Civil Rights Division, U.S.

Department of Justice, P.O. Box 66738,

Washington, D.C. 20035–6738.

Telephone number (800) 514–0301

(Voice) or (800) 514–0383 (TDD).

Copies of this notice are available in

formats accessible to individuals with

vision impairments and may be

obtained by calling (800) 514–0301

(Voice) or (800) 514–0383 (TDD).

SUPPLEMENTARY INFORMATION: Elsewhere

in this issue of the Federal Register, the

Department of Justice (Department) is

publishing a notice in the Federal

Register announcing that it had

preliminarily determined that the State

of Maine Human Rights Act, 5 MRSA

§ 4533 et seq., as implemented by the

Maine Accessibility Regulations

(together, the Maine law), meets or

exceeds the new construction and

alterations requirements of title III of the

ADA. The Department also noted that it

intended to issue final certification of

the Maine law and requested written

comments on the preliminary

determination and the proposed final

certification. Finally, the Department

noted that it intended to hold informal

hearings in Washington, D.C. and

Augusta, Maine.

The purpose of the informal hearings

is to provide an opportunity for

interested persons, including

individuals with disabilities, to express

their views with respect to the

preliminary determination of

equivalency of the Maine law. Interested

parties who wish to testify at a hearing

should contact Tito Mercado at (202)

307–0663 (Voice/TDD). This is not a

toll-free number.

The meeting sites will be accessible to

individuals with disabilities.

Individuals who require sign language

interpreters or other auxiliary aids

should contact Tito Mercado at (202)

307–-0663 (Voice/TDD). This is not a

toll-free number.

Dated: September 22, 1997.

Isabelle Katz Pinzler,

Acting Assistant Attorney General for Civil

Rights.

[FR Doc. 97–25994 Filed 10–1–97; 8:45 am]

BILLING CODE 4410–13–M

DEPARTMENT OF LABOR

Pension and Welfare Benefits

Administration

[Application No. D–10159, et al.]

Proposed Exemptions; State Street

Bank and Trust

AGENCY: Pension and Welfare Benefits

Administration, Labor.

ACTION: Notice of proposed exemptions.

SUMMARY: This document contains

notices of pendency before the

Department of Labor (the Department) of

proposed exemptions from certain of the

prohibited transaction restrictions of the

Employee Retirement Income Security

Act of 1974 (the Act) and/or the Internal

Revenue Code of 1986 (the Code).

Written Comments and Hearing

Requests

All interested persons are invited to

submit written comments or request for

a hearing on the pending exemptions,

unless otherwise stated in the Notice of

Proposed Exemption, within 45 days

from the date of publication of this

Federal Register Notice. Comments and

requests for a hearing should state: (1)

The name, address, and telephone