58746 Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Notices

for filing posthearing briefs or

statements is 5:15 p.m. (Eastern Daylight

Time) May 15, 1998. In the event that,

as of the close of business March 11,

1998, no witnesses are scheduled to

appear, the hearing will be canceled.

Any person interested in attending the

hearings as an observer or nonparticipant may call the Secretary to the

Commission (202–205–1816) after

March 11, 1998 to determine whether

the hearing will be held.

Washington, DC hearing.—The

hearing will be held in Washington, DC

at the International Trade Commission

building, 500 E Street, SW, Washington,

DC 20436, beginning at 9:30 am on

Thursday, April 30, 1998. Requests to

appear at the public hearing in

Washington, DC should be filed with

the Secretary, United States

International Trade Commission, 500 E

Street SW, Washington, DC 20436 no

later than 5:15 p.m. (Eastern Standard

Time) April 14, 1998. Persons testifying

at the hearing are encouraged to file

prehearing briefs or statements; the

deadline for filing such briefs or

statements (a signed original and 14

copies) is April 21, 1998. The deadline

for filing posthearing briefs or

statements is 5:15 p.m. (Eastern Daylight

Time) May 15, 1998. In the event that,

as of the close of business on April 14,

1998, no witnesses are scheduled to

appear, the hearing will be canceled.

Any person interested in attending the

hearing as an observer or nonparticipant may call the Secretary of the

Commission (202–205–1816) to

determine whether the hearing will be

held.

Written Submissions

In lieu of or in addition to

participating in the public hearings,

interested persons are invited to submit

written statements concerning the

matters to be addressed in the report.

Commercial or financial information

that a party desires the Commission to

treat as confidential must be submitted

on separate sheets of paper, each clearly

marked ‘‘Confidential Business

Information’’ at the top. All submissions

requesting confidential treatment must

conform with the requirements of

section 201.6 of the Commission’s Rules

of Practice and Procedure (19 CFR

201.6). All written submissions, except

for confidential business information,

will be made available for inspection by

interested persons in the Office of the

Secretary to the Commission. To be

assured of consideration by the

Commission, written statements relating

to the Commission’s report should be

submitted at the earliest practical date

and should be received no later than

May 15, 1998. All submissions should

be addressed to the Secretary, United

States International Trade Commission,

500 E Street SW, Washington, DC

20436.

Persons with mobility impairments

who will need special assistance in

gaining access to the Commission

should contact the Office of the

Secretary at 202–205–2000.

Issued: October 24, 1997.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 97–28810 Filed 10–29–97; 8:45 am]

BILLING CODE 7020–02–P

INTERNATIONAL TRADE

COMMISSION

[Investigation No. 337–TA–370]

In the Matter of Certain Salinomycin

Biomass and Preparations Containing

Same; Notice of Commission Hearing

AGENCY: U.S. International Trade

Commission.

ACTION: Notice.

SUMMARY: Notice is hereby given that

the U.S. International Trade

Commission has determined to hold a

public hearing in the above-captioned

investigation to allow parties to present

oral argument on the recommendation

of the presiding administrative law

judge (ALJ) that the Commission order

monetary sanctions.

FOR FURTHER INFORMATION CONTACT: Jean

H. Jackson, Esq., Office of the General

Counsel, U.S. International Trade

Commission, 500 E Street, S.W.,

Washington, D.C. 20436, telephone 202–

205–3104.

SUPPLEMENTARY INFORMATION: The

Commission instituted this investigation

on February 6, 1995, based on a

complaint filed by Kaken

Pharmaceutical Co. Inc. (Kaken). On

November 6, 1995, the ALJ issued his

final initial determination (ID) in this

investigation, finding no violation of

section 337 of the Tariff Act of 1930, 19

U.S.C. § 1337, by respondents Hoechst

Aktiengesellschaft, Hoechst Veterinar

GmbH, and Hoechst-Roussel Agri-Vet

Co. (collectively, Hoechst). His

determination was based on his findings

that the patent at issue was invalid for

failure to disclose the best mode of

operation and unenforceable due to

inequitable conduct during prosecution

of the patent. The ALJ’s ID was not

reviewed by the Commission and was

ultimately upheld on appeal, Kaken

Pharmaceutical Co. v. USITC, Appeal

Nos. 96–1300–1302, nonprecedential

opinion dated March 31, 1997.

On January 19, 1996, Hoechst filed a

motion for sanctions against Kaken,

which the Commission referred to the

presiding ALJ for issuance of a

recommended determination (RD).

Hoechst’s motion alleged, inter alia, that

Kaken committed sanctionable conduct

by filing a complaint totally lacking in

merit. On May 14, 1997, the ALJ issued

his RD in which he recommended that

the Commission impose on Kaken and

its attorneys joint and several liability

for an amount of money equal to double

the entire attorneys’ fees and costs of the

Hoechst respondents incurred in both

the section 337 investigation on the

merits and in the proceedings on

sanctions. All parties filed comments on

the RD. On August 8, 1997, Kaken and

its attorneys requested leave to file a

reply to Hoechst’s comments and an

opportunity for oral argument before the

Commission. Hoechst and the

Commission investigative attorney (IA)

opposed the motion to file a reply brief,

but agreed to the request for oral

argument if the Commission believed

oral argument would be useful in

determining whether a sanction should

issue, and if so, what the sanction

should be. On August 29, 1997, Hoechst

filed a motion to file a surreply in the

event that the Commission granted

Kaken’s motion to file a reply. On

September 11, 1997, Kaken and its

attorneys responded that they had no

objection to Hoechst’s motion to file a

surreply if the Commission also granted

leave for Kaken and its attorneys to file

their reply.

Commission Hearing

The Commission will hold a public

hearing on Wednesday, December 10,

1997, in its main hearing room, 500 E

Street, S.W., Washington, D.C.,

beginning at 9:30 a.m. The hearing will

be limited to the issues raised by the

presiding ALJ’s recommendation on

sanctions, dated May 14, 1997. The

order and time limits for presentations

shall be as follows:

Kaken and its attorneys—30 minutes.

The Office of Unfair Import

Investigations—30 minutes.

Hoechst—30 minutes.

These time limits shall be exclusive of

questioning by the Commission. Kaken

and its attorneys and the IA may set

aside part of their times for rebuttal. The

hearing will be open to the public.

Notices of Appearance

Written requests to appear at the

Commission hearing must be filed with

the Office of the Secretary by December

2, 1997.
Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Notices 58747

This action is taken under the

authority of section 337 of the Tariff Act

of 1930, 19 U.S.C. § 1337 and

Commission rule 210.25, 19 C.F.R.

§ 210.25.

Hearing-impaired persons are advised

that information on this matter can be

obtained by contacting the

Commission’s TDD terminal on 202–

205–1810.

By order of the Commission.

Issued: October 24, 1997.

Donna R. Koehnke,

Secretary.

[FR Doc. 97–28811 Filed 10–29–97; 8:45 am]

BILLING CODE 7020–02–P

DEPARTMENT OF JUSTICE

Notice of Lodging of Remedial Design

and Remedial Action Consent Decree

Pursuant to the Comprehensive

Environmental Response,

Compensation, and Liability Act

(‘‘CERCLA’’) of 1980

In accordance with Department

policy, 28 CFR 50.7, and 42 U.S.C.

9622(d), notice is hereby given that on

October 9, 1997, a proposed CERCLA

Remedial Design and Remedial Action

Consent Decree (‘‘RD/RA Consent

Decree’’) in United States v. Alaska

Railroad Corporation, et al., Civil

Action No. A91–589 CIV, was lodged

with the United States District Court for

the District of Alaska.

In this action, the United States seeks

injunctive relief under Section 106 of

the Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980, as amended (‘‘CERCLA’’),

from the Alaska Railroad Corporation

(‘‘ARRC’’), Bridgestone/Firestone, Inc.,

Chugach Electric Association, Inc., J.C.

Penney and Co., Inc., Montgomery Ward

and Co. (‘‘Montgomery Ward’’), Sears,

Roebuck and Co., and Westinghouse

Electric Corporation (‘‘the Defendants’’)

to abate the releases and threatened

releases of hazardous substances into

the environment at the Standard Steel

Metals & Salvage Yard Superfund Site

in Anchorage, Alaska (‘‘the Site’’). The

United States also seeks reimbursement

from the Defendants other than ARRC

under Section 107(a) of CERCLA of

response costs it has incurred and will

continue to incur in connection with the

Site and a declaration under Section

113(g) of CERCLA of the liability of

those Defendants for further such

response costs. (ARRC is responsible

under an earlier Partial Consent Decree

in this case to pay 2.5% of such costs.)

Under the RD/RA Consent Decree, the

Defendants other than Montgomery

Ward (‘‘the Settling Defendant’’) will

implement the remedy chosen by the

Environmental Protection Agency for

the Site in its July 16, 1996 Record of

Decision. ARRC’s responsibility for

work to be performed at the Site is

limited, however, to implementation of

requirements of the Record of Decision

that only it, as party in possession and

control of the Site, can accomplish. The

RD/RA Consent Decree also requires the

Settling Defendants to reimburse the

Hazardous Substances Superfund for

38.5% of the costs incurred by the

United States in overseeing

implementation of the remedy over and

above $53,665.18. (This percentage

includes that owned by ARRC. The

remaining 61.5% of these costs are to be

paid by the federal government

pursuant to the aforementioned Partial

Consent Decree.)

The Department of Justice will receive

for a period of thirty (30) days from the

date of this publication comments

relating to the proposed RD/RA Consent

Decree. Comments should be addressed

to the Assistant Attorney General of the

Environment and Natural Resources

Division, Department of Justice,

Washington, D.C. 20530, and should

refer to United States v. Alaska Railroad

Corporation, et al. D.J. No. 90–11–3–

810.

The proposed RD/RA Consent Decree

may be examined at the Office of the

United States Attorney for the District of

Alaska, Room 253, Federal Building and

U.S. Courthouse, 222 West Seventh

Avenue, Anchorage, Alaska 99513–

7567; at the Region 10 Office of the

Environmental Protection Agency,

Hazardous Waste Records Center, 1200

Sixth Avenue, Seventh Floor, Seattle,

Washington, 98101; and at the Consent

Decree Library, 1120 G Street, N.W., 4th

Floor, Washington, D.C. 20005 (Tel:

202–624–0892). A copy of the proposed

RD/RA Consent Decree may be obtained

in person or by mail from the Consent

Decree Library, 1120 G Street, N.W. 4th

Floor, Washington, D.C. 20005. In

requesting a copy exclusive of exhibits,

please enclose a check in the amount of

$26.75 (25 cents per page reproduction

cost) payable to Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section,

Environment & Natural Resources Division.

[FR Doc. 97–28731 Filed 10–29–97; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Antitrust Division

Notice Pursuant to the National

Cooperative Research and Production

Act of 1993—CommerceNet

Consortium

Notice is hereby given that, on August

6, 1997, pursuant to Section 6(a) of the

National Cooperative Research and

Production Act of 1993, 15 U.S.C. 4301

et seq. (‘‘the Act’’), CommerceNet

Consortium, (‘‘CommerceNet’’) has filed

written notifications simultaneously

with the Attorney General and the

Federal Trade Commission disclosing

certain changes in its membership. The

notifications were filed for the purpose

of extending the Act’s provisions

limiting the recovery of antitrust

plaintiffs to actual damages under

specified circumstances.

Specifically, the following

organizations have joined CommerceNet

as Sponsor Members: MicroSystems

Software, Inc., Framingham, MA;

NeoMedia Technologies, Inc., Fort

Meyers, FL; SOFTBANK Net Solutions,

Buffalo, NY; Release Software

Corporation, Melno Park, CA. The

following organization has upgraded to

an executive member: INTERSHOP

Communications, Inc. The following

organizations changed their names:

News Datacom to NDS America; and

DBM Group to Strategic Response.

No other changes have been made in

either the membership or planned

activities of CommerceNet. Membership

remains open and CommerceNet

intends to file additional written

notifications disclosing all changes in

membership.

On June 13, 1994, CommerceNet filed

its original notification pursuant to

§ 6(a) of the Act. The Department of

Justice published a notice in the Federal

Register pursuant to § 6(b) of the Act on

August 31, 1994 (59 FR 45012). The last

notification was filed with the

Department on May 15, 1997, and a

notice was published in the Federal

Register on June 13, 1997 (62 FR 32370).

Constance K. Robinson,

Director of Operations, Antitrust Division.

[FR Doc. 97–28728 Filed 10–29–97; 8:45 am]

BILLING CODE 4410–11–M