20418 Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices 

noon the next day pursuant to section 

210.4(f) of the Commission’s Rules of 

Practice and Procedure (19 CFR 

210.4(f)). Submissions should refer to 

the docket number (‘‘Docket No. 2891’’) 

in a prominent place on the cover page 

and/or the first page. (See Handbook for 

Electronic Filing Procedures, http:// 

www.usitc.gov/secretary/ 

fed_reg_notices/rules/ 

handbook_on_electronic_filing.pdf). 

Persons with questions regarding filing 

should contact the Secretary (202) 205– 

2000). 

Any person desiring to submit a 

document to the Commission in 

confidence must request confidential 

treatment. All such requests should be 

directed to the Secretary to the 

Commission and must include a full 

statement of the reasons why the 

Commission should grant such 

treatment. See 19 CFR 201.6. Documents 

for which confidential treatment by the 

Commission is properly sought will be 

treated accordingly. All nonconfidential 

written submissions will be available for 

public inspection at the Office of the 

Secretary and on EDIS. 

This action is taken under the 

authority of section 337 of the Tariff Act 

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

and of sections 201.10 and 210.8(c) of 

the Commission’s Rules of Practice and 

Procedure (19 CFR 201.10, 210.8(c)). 

By order of the Commission. 

Issued: March 29, 2012. 

James R. Holbein, 

Secretary to the Commission. 

[FR Doc. 2012–7976 Filed 4–3–12; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–755] 

Certain Starter Motors and Alternators; 

Notice of Issuance of a Limited 

Exclusion Order and a Cease and 

Desist Order; Termination of 

Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has terminated the abovecaptioned investigation under section 

337 of the Tariff Act of 1930, as 

amended (19 U.S.C. 1337), and has 

issued a limited exclusion order and a 

cease and desist order against 

respondent American Automotive Parts, 

Inc. (‘‘AAP’’) of Niles, Illinois, which 

was previously found in default in the 

above-captioned investigation. 

FOR FURTHER INFORMATION CONTACT: 

Clint Gerdine, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW., 

Washington, DC 20436, telephone (202) 

708–2310. Copies of non-confidential 

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 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 January 19, 2011, based on a 

complaint filed by Remy International, 

Inc. and Remy Technologies, L.L.C. 

(collectively, ‘‘Remy’’), both of 

Pendleton, Indiana. 76 FR 3158 (Jan. 19, 

2011). The complaint alleged violations 

of section 337 of the Tariff Act of 1930 

(19 U.S.C. 1337), in the importation into 

the United States, the sale for 

importation, and the sale within the 

United States of certain starter motors 

and alternators by reason of 

infringement of certain claims of U.S. 

Patent Nos. 5,105,114 (‘‘the ‘114 

patent’’); 5,252,878; 5,268,605 (‘‘the ’605 

patent’’); 5,295,404; 5,307,700; 

5,315,195 (‘‘the ’195 patent’’); and 

5,453,648 (‘‘the ’648 patent’’). The 

notice of investigation, as amended, 

named ten respondents including AAP. 

The complaint and notice of 

investigation were served on AAP on 

January 13, 2011. AAP failed to respond 

to the complaint and notice of 

investigation. The ’114 patent was 

terminated from the investigation based 

on partial withdrawal by Remy, and all 

other respondents have been terminated 

from the investigation based on either a 

consent order or a settlement agreement. 

Claims 1 and 4 of the ’605 patent, claims 

1–6 of the ’195 patent, and claims 1, 5, 

and 10 of the ’648 patent were asserted 

against AAP. 

The presiding administrative law 

judge (‘‘ALJ’’) issued an initial 

determination (‘‘ID’’) on December 22, 

2011, finding AAP in default, pursuant 

to 19 CFR 210.13 and 210.16, because 

respondent did not respond to the 

complaint and notice of investigation, or 

to the ALJ’s December 13, 2011 order to 

show cause. On January 14, 2012, the 

Commission issued notice of its 

determination not to review the ID 

finding AAP in default. 

On February 9, 2012, the Commission 

issued a Notice that requested briefing 

from interested parties on remedy, the 

public interest, and bonding with 

respect to respondent AAP found in 

default. 77 FR 8898–00 (Feb. 15, 2012). 

Both Remy and the Commission 

investigative attorney (‘‘IA’’) submitted 

briefing on remedy, the public interest, 

and bonding along with proposed orders 

on March 2, 2012. The IA also 

submitted a reply brief on March 9, 

2012, containing revised orders. 

The Commission found that the 

statutory requirements of section 

337(g)(1)(A)–(E) (19 U.S.C. 

1337(g)(1)(A)–(E)) were met with respect 

to the defaulting respondent. 

Accordingly, pursuant to section 

337(g)(1) (19 U.S.C. 1337(g)(1)) and 

Commission rule 210.16(c) (19 CFR 

210.16(c)), the Commission presumed 

the facts alleged in the complaint to be 

true. 

The Commission has determined that 

the appropriate form of relief is the 

following: (1) A limited exclusion order 

prohibiting the unlicensed entry of 

alternators that infringe one or more of 

claims 1 and 4 of the ‘605 patent, claims 

1–6 of the ‘195 patent, or claims 1, 5, 

and 10 of the ‘648 patent, which are 

manufactured abroad by or on behalf of, 

or are imported by or on behalf of, AAP, 

or any of its affiliated companies, 

parents, subsidiaries, licensees, 

contractors, or other related business 

entities, or its successors or assigns; and 

(2) a cease and desist order prohibiting 

AAP from conducting any of the 

following activities in the United States: 

importing, selling, marketing, 

advertising, distributing, offering for 

sale, transferring (except for 

exportation), and soliciting U.S. agents 

or distributors for alternators that 

infringe one or more of claims 1 and 4 

of the ’605 patent, claims 1–6 of the ’195 

patent, or claims 1, 5, and 10 of the ’648 

patent. 

The Commission has further 

determined that the public interest 

factors enumerated in section 337(g)(1) 

(19 U.S.C. 1337(g)(1)) do not preclude 

issuance of the limited exclusion order 

or the cease and desist order. Finally, 

the Commission has determined that a 

bond of 100 percent of the entered value 

of the covered products is required to 

permit temporary importation during 

the period of Presidential review (19 

U.S.C. 1337(j)). The Commission’s 


emcdonald on DSK29S0YB1PROD with NOTICES
Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices 20419 

orders were delivered to the President 

and to the United States Trade 

Representative on the day of their 

issuance. 

The Commission has terminated this 

investigation. 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 sections 210.16(c) and 

210.41 of the Commission’s Rules of 

Practice and Procedure (19 CFR 

210.16(c) and 210.41). 

By order of the Commission. 

Issued: March 30, 2012. 

James R. Holbein, 

Secretary to the Commission. 

[FR Doc. 2012–8045 Filed 4–3–12; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Air Act 

Notice is hereby given that on March 

28, 2012, a proposed Consent Decree in 

United States v. Forward, Inc., Civil 

Action No. 2:11–cv–00590–EFB, was 

lodged with the United States District 

Court for the Eastern District of 

California. 

In this action the United States sought 

injunctive relief and civil penalties 

against defendant Forward, Inc., 

pursuant to Section 113(b) of the Clean 

Air Act (Act), 42 U.S.C. 7413(b), in 

connection with activities at the 

Forward Landfill in Manteca, California. 

The United States’ complaint, filed 

concurrently with the Consent Decree, 

alleges that Forward violated the Act by 

operating gas extraction wells in the 

landfill’s gas collection and control 

system (GCCS) in violation of the Act’s 

New Source Performance Standards and 

National Emission Standards for 

Hazardous Air Pollutants, and in 

violation of the Title V permit it had 

received from the San Joaquin Valley 

Unified Air Pollution Control District 

(District), the United States’ co-plaintiff 

in the action. The Consent Decree 

would require Forward to improve the 

GCCS by installing new extraction wells 

and closing unneeded wells, to 

implement specific operations and 

maintenance actions to minimize air 

intrusion and the likelihood of 

subsurface fires at the landfill, to 

replace trucks in the landfill’s fleet with 

less polluting vehicles, and to pay a 

civil penalty of $200,000, to be shared 

with the District. 

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 emailed 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 v. Forward, Inc., No. 2:11–cv– 

00590–EFB (E.D. Cal.), D.J. Ref. 90–5–2– 

1–09873. 

During the public comment period, 

the Consent Decree, may also be 

examined on the following Department 

of Justice Web site, to http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

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 emailing a request to 

‘‘Consent Decree 

Copy’’(EESCDCopy.ENRD@usdoj.gov), 

fax no. (202) 514–0097, phone 

confirmation number (202) 514–5271. If 

requesting a copy from the Consent 

Decree Library by mail, please enclose 

a check in the amount of $9.25 payable 

to the U.S. Treasury or, if requesting by 

email or fax, forward a check in that 

amount to the Consent Decree Library at 

the address given above. 

Henry S. Friedman, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 2012–8033 Filed 4–3–12; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Antitrust Division 

United States v. Humana Inc. and 

Arcadian Management Services, Inc.; 

Proposed Final Judgment and 

Competitive Impact Statement 

Notice is hereby given pursuant to the 

Antitrust Procedures and Penalties Act, 

15 U.S.C. 16(b)–(h), that a proposed 

Final Judgment, Stipulation, and 

Competitive Impact Statement have 

been filed with the United States 

District Court for the District of 

Columbia, in United States v. Humana 

Inc. and Arcadian Management 

Services, Inc., Civil Action No. 12-cv00464. On March 27, 2012, the United 

States filed a Complaint alleging that the 

proposed acquisition by Humana Inc. of 

Arcadian Management Services, Inc. 

would violate Section 7 of the Clayton 

Act, 15 U.S.C. 18. The proposed Final 

Judgment filed at the same time as the 

Complaint requires the parties to divest 

health plans in 51 counties and parishes 

in Arizona, Arkansas, Louisiana, 

Oklahoma, and Texas. 

Copies of the Complaint, proposed 

Final Judgment, and Competitive Impact 

Statement are available for inspection at 

the Department of Justice, Antitrust 

Division, Antitrust Documents Group, 

450 Fifth Street, NW., Suite 1010, 

Washington, DC 20530 (telephone: 202 

514–2481), and on the Department of 

Justice’s Web site at http:// 

www.usdoj.gov/atr, and at the Office of 

the Clerk of the United States District 

Court for the District of Columbia. 

Copies of these materials may be 

obtained from the Antitrust Division 

upon request and payment of the 

copying fee set by Department of Justice 

regulations. 

Public comment is invited within 60 

days of the date of this notice. Such 

comments and responses thereto will be 

published in the Federal Register and 

filed with the Court. Comments should 

be directed to Joshua H. Soven, Chief, 

Litigation I Section, Antitrust Division, 

U.S. Department of Justice, 450 Fifth 

Street NW., Suite 4100, Washington, DC 

20530 (telephone: 202–307–0827). 

Patricia A. Brink, 

Director of Civil Enforcement. 

United States District Court for the 

District of Columbia 

United States of America, United States 

Department of Justice, Antitrust Division, 

Litigation I Section, 450 Fifth Street, NW., 

Suite 4100, Washington, DC 20530, Plaintiff, 

v. Humana Inc., 500 West Main Street, 

Louisville, KY 40202, and Arcadian 

Management Services, Inc., 500 12th Street, 

Suite 340, Oakland, CA 94607, Defendants. 

Case: 1:12-cv-00464. 

Assigned to: Walton, Reggie B. 

Assign. Date: 3/27/2012. 

Description: Antitrust. 

Complaint 

The United States of America 

(‘‘United States’’), acting under the 

direction of the Attorney General of the 

United States, brings this civil action to 

enjoin Humana Inc. (‘‘Humana’’) from 

acquiring Arcadian Management 

Services, Inc. (‘‘Arcadian’’). The United 

States alleges as follows: 

1. Unless enjoined, Humana’s 

proposed acquisition of Arcadian will 

substantially lessen competition in the 

sale of Medicare Advantage health 

insurance plans sold to Medicareeligible individuals (‘‘the relevant 

product market’’) in forty-five counties 

and parishes in Arizona, Arkansas, 

Louisiana, Oklahoma, and Texas (‘‘the 

relevant geographic markets’’). 

2. A Medicare Advantage plan is a 

health insurance product sold by a 


emcdonald on DSK29S0YB1PROD with NOTICES