16696 Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Notices 

SUMMARY: Notice is hereby given that a 

complaint was filed with the U.S. 

International Trade Commission on 

February 20, 2015, under section 337 of 

the Tariff Act of 1930, as amended, 19 

U.S.C. 1337, on behalf of BASF 

Corporation of Florham Park, New 

Jersey and UChicago Argonne LLC of 

Lemont, Illinois. A letter supplementing 

the complaint was filed on March 13, 

2015. The complaint, as supplemented, 

alleges violations of section 337 based 

upon the importation into the United 

States, the sale for importation, and the 

sale within the United States after 

importation of certain lithium metal 

oxide cathode materials, lithium metalion batteries for power tool products 

containing same, and power tool 

products with lithium-ion batteries 

containing same by reason of 

infringement of certain claims of U.S. 

Patent No. 6,677,082 (‘‘the ’082 patent’’) 

and U.S. Patent No. 6,680,143 (‘‘the ’143 

patent’’). The complaint further alleges 

that an industry in the United States 

exists as required by subsection (a)(2) of 

section 337. 

The complainants request that the 

Commission institute an investigation 

and, after the investigation, issue a 

limited exclusion order and cease and 

desist orders. 

ADDRESSES: The complaint, except for 

any confidential information contained 

therein, is 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., Room 

112, Washington, DC 20436, telephone 

(202) 205–2000. Hearing impaired 

individuals are advised that information 

on this matter can be obtained by 

contacting the Commission’s TDD 

terminal on (202) 205–1810. 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. 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. 

FOR FURTHER INFORMATION CONTACT: The 

Office of Unfair Import Investigations, 

U.S. International Trade Commission, 

telephone (202) 205–2560. 

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 

(2014). 

Scope of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

March 23, 2015, 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 lithium metal 

oxide cathode materials, lithium-ion 

batteries for power tool products 

containing same, and power tool 

products with lithium-ion batteries 

containing same by reason of 

infringement of one or more of claims 

1–4, 7, 8, 13, and 14 of the ’082 patent 

and claims 1–4, 8, 9, and 17 of the ’143 

patent, 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 and a 

recommended determination on this 

issue, which shall be limited to the 

statutory public interest factors set forth 

in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); 

(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 complainants are: 

BASF Corporation, 100 Campus Drive, 

Florham Park, NJ 07932 

UChicago Argonne LLC, 9700 S. Cass 

Avenue, Lemont, IL 60439 

(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: 

Umicore N.V., Broekstraat 31, 1000 

Brussels, Belgium 

Umicore USA Inc., 3600 Glenwood 

Avenue, Suite 250, Raleigh, NC 27612 

Makita Corporation, 3–11–8, 

Sumiyoschino, 446–0072 Anjo 446– 

0072 Aichi, Japan 

Makita Corporation of America, 2650 

Buford Highway, Buford, GA 30518 

Makita U.S.A. Inc., 14930 Northam 

Street, La Mirada, CA 90638 

(c) The 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 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(e) 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 

the respondent. 

By order of the Commission. 

Issued: March 24, 2015. 

Lisa R. Barton, 

Secretary to the Commission. 

[FR Doc. 2015–07146 Filed 3–27–15; 8:45 am] 

BILLING CODE 7020–02–P 

UNITED STATES INTERNATIONAL 

TRADE COMMISSION 

[USITC SE–15–011] 

Government in the Sunshine Act 

Meeting Notice 

AGENCY HOLDING THE MEETING: United 

States International Trade Commission. 

TIME AND DATE: April 3, 2015 at 9:00 a.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. Agendas for future meetings: None. 

2. Minutes. 

3. Ratification List. 

4. Vote in Inv. No. 731–TA–1269 

(Preliminary) (Silicomanganese from 

Australia). The Commission is currently 

scheduled to complete and file its 

determination on April 6, 2015; views of 

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Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Notices 16697 

the Commission are currently scheduled 

to be completed and filed on April 13, 

2015. 

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. 

Dated: Issued: March 25, 2015. 

By order of the Commission. 

William R. Bishop, 

Supervisory Hearings and Information 

Officer. 

[FR Doc. 2015–07282 Filed 3–26–15; 11:15 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging Proposed Consent 

Decree 

In accordance with Departmental 

Policy, 28 CFR 50.7, notice is hereby 

given that a proposed Consent Decree in 

Herberg, et al. v. United States 

Environmental Protection Agency, et al., 

Civil No. 14–1443 DWF/LIB, was lodged 

with the United States District Court for 

the District of Minnesota on February 

27, 2015. 

This proposed Consent Decree 

concerns a complaint filed against the 

United States by Thomas Lloyd Herberg, 

Bruce Allen Herberg, and D & G 

Drainage, Inc., pursuant to the Clean 

Water Act, 33 U.S.C. 1251, et seq., and 

the Administrative Procedure Act, 5 

U.S.C. 551, et seq., to challenge an 

Administrative Order for Compliance 

issued to Plaintiffs for violating the 

Clean Water Act by discharging 

pollutants without a permit into waters 

of the United States. The proposed 

Consent Decree resolves these 

allegations, as well as the United States’ 

potential enforcement counterclaims, by 

requiring the Plaintiffs to perform 

mitigation and to pay a civil penalty. 

The Department of Justice will accept 

written comments relating to this 

proposed Consent Decree for thirty (30) 

days from the date of publication of this 

Notice. Please address comments to 

Daniel R. Dertke, Senior Attorney, 

United States Department of Justice, 

Environment and Natural Resources 

Division, Environmental Defense 

Section, Post Office Box 7611, 

Washington, DC 20044 and refer to 

Herberg, et al. v. United States 

Environmental Protection Agency, et al., 

DJ #90–5–1–4–20160. 

The proposed Consent Decree may be 

examined at the Clerk’s Office, United 

States District Court for the District of 

Minnesota, United States Courthouse, 

300 South Fourth Street, Suite 202, 

Minneapolis, MN 55415. In addition, 

the proposed Consent Decree may be 

examined electronically at http://

www.justice.gov/enrd/Consent_

Decrees.html. 

Cherie L. Rogers, 

Assistant Section Chief, Environmental 

Defense Section, Environment and Natural 

Resources Division. 

[FR Doc. 2015–07150 Filed 3–27–15; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Consent Decree Under the Clean Air 

Act 

On March 24, 2015, the Department of 

Justice lodged a proposed Consent 

Decree with the United States District 

Court for the District of Columbia in the 

lawsuit entitled United States v. MTU 

America Inc., Civil Action No. 15–cv– 

429. The complaint was filed on the 

same day. 

In the complaint, the United States, 

on behalf of the United States 

Environmental Protection Agency, seeks 

civil penalties and injunctive relief 

based on allegations that MTU America, 

Inc. (formerly Tognum America, Inc., 

and prior to that MTU Detroit Diesel), 

(hereinafter, ‘‘MTU’’) violated Sections 

203(a) and 213 of Title II of the Clean 

Air Act (‘‘CAA’’), 42 U.S.C. 7522(a) and 

7547, by selling 895 non-road engines 

without valid certificates of conformity. 

Under the Consent Decree, MTU will 

pay a civil penalty of $1.2 million, 

conduct three annual audits of its 

compliance with the CAA’s Title II 

requirements, and remedy any 

noncompliance revealed by the audits. 

The publication of this notice opens 

a period for public comment on the 

Consent Decree. Comments should be 

addressed to the Assistant Attorney 

General, Environment and Natural 

Resources Division, and should refer to 

United States v. MTU America Inc., D.J. 

Ref. No. 90–5–2–1–10493. All 

comments must be submitted no later 

than thirty (30) days after the 

publication date of this notice. 

Comments may be submitted either by 

email or by mail: 

To submit 

comments: Send them to: 

By email ....... pubcomment-ees.enrd@

usdoj.gov. 

By mail ......... Assistant Attorney General, 

U.S. DOJ—ENRD, P.O. 

Box 7611, Washington, DC 

20044–7611. 

During the public comment period, 

the Consent Decree may be examined 

and downloaded at this Justice 

Department Web site: http://

www.usdoj.gov/enrd/Consent_

Decrees.html. We will provide a paper 

copy of the Consent Decree upon 

written request and payment of 

reproduction costs. Please mail your 

request and payment to: Consent Decree 

Library, U.S. DOJ—ENRD, P.O. Box 

7611, Washington, DC 20044–7611. 

Please enclose a check or money order 

for $9.00 (25 cents per page 

reproduction cost) payable to the United 

States Treasury. 

Maureen Katz, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2015–07178 Filed 3–27–15; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; VehicleMounted Elevating and Rotating Work 

Platforms Standard 

ACTION: Notice. 

SUMMARY: The Department of Labor 

(DOL) is submitting the Occupational 

Safety and Health Administration 

(OSHA) sponsored information 

collection request (ICR) titled, ‘‘VehicleMounted Elevating and Rotating Work 

Platforms Standard,’’ to the Office of 

Management and Budget (OMB) for 

review and approval for continued use, 

without change, in accordance with the 

Paperwork Reduction Act of 1995 

(PRA), 44 U.S.C. 3501 et seq. Public 

comments on the ICR are invited. 

DATES: The OMB will consider all 

written comments that agency receives 

on or before April 29, 2015. 

ADDRESSES: A copy of this ICR with 

applicable supporting documentation; 

including a description of the likely 

respondents, proposed frequency of 

response, and estimated total burden 

may be obtained free of charge from the 

RegInfo.gov Web site at http://

www.reginfo.gov/public/do/PRAView

ICR?ref_nbr=201501-1218-005 (this link 

will only become active on the day 

following publication of this notice) or 

by contacting Michel Smyth by 

telephone at 202–693–4129, TTY 202– 

693–8064, (these are not toll-free 

numbers) or by email at DOL_PRA_

PUBLIC@dol.gov. 

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