Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Notices 4291 

Moorestown, New Jersey. A supplement 

was filed on January 10, 2022. 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 automated put walls and 

automated storage and retrieval systems, 

associated vehicles, associated control 

software, and component parts thereof 

by reason of infringement of certain 

claims of U.S. Patent No. 8,104,601 

(‘‘the ’601 patent’’), U.S. Patent No. 

8,276,740 (‘‘the ’740 patent’’), U.S. 

Patent No. 8,622,194 (‘‘the ’194 patent’’), 

and U.S. Patent No. 10,576,505 (‘‘the 

’505 patent’’). The complaint further 

alleges that an industry in the United 

States exists as required by the 

applicable Federal Statute. The 

complainant requests 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, may be viewed on the 

Commission’s electronic docket (EDIS) 

at https://edis.usitc.gov. For help 

accessing EDIS, please email 

EDIS3Help@usitc.gov. 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 

https://www.usitc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jessica Mullan, Office of Docket 

Services, U.S. International Trade 

Commission, telephone (202) 205–1802. 

SUPPLEMENTARY INFORMATION: 

Scope of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

January 21, 2022, 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 products 

identified in paragraph (2) by reason of 

infringement of one or more of claims 

1–28 of the ’601 patent; claims 1–5 and 

8–25 of the ’740 patent; claims 1–10, 

12–17, 19, and 20 of the ’194 patent; and 

claims 1–5, 7–9, and 11–21 of the ’505 

patent; and whether an industry in the 

United States exists as required by 

subsection (a)(2) of section 337; 

(2) Pursuant to section 210.10(b)(1) of 

the Commission’s Rules of Practice and 

Procedure, 19 CFR 210.10(b)(1), the 

plain language description of the 

accused products or category of accused 

products, which defines the scope of the 

investigation, is ‘‘automated put walls 

and automated storage and retrieval 

systems; vehicles associated with these 

automated put walls and automated 

storage and retrieval systems; control 

software associated with these 

automated put walls and automated 

storage and retrieval systems; and 

component parts of these automated put 

walls and automated storage and 

retrieval systems’’; 

(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 complainant is: OPEX 

Corporation, 305 Commerce Drive, 

Moorestown, NJ 08057. 

(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: 

HC Robotics (a.k.a. Huicang Information 

Technology Co., Ltd.), 3rd Floor, 

Haiwei Building, No. 101 Binkang 

Road, Binjiang District, Hangzhou 

City, Zheijang Province, China 

Invata, LLC (d/b/a Invata Intralogistics), 

1010 Spring Mill Avenue, Suite 300, 

Conshohocken, PA 19428 

(4) For the investigation so instituted, 

the Chief Administrative Law Judge, 

U.S. International Trade Commission, 

shall designate the presiding 

Administrative Law Judge. 

The Office of Unfair Import 

Investigations is not participating as a 

party to this investigation. 

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), as 

amended in 85 FR 15798 (March 19, 

2020), such responses will be 

considered by the Commission if 

received not later than 20 days after the 

date of service by the complainants 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. 

Authority: The authority for 

institution of this investigation is 

contained in section 337 of the Tariff 

Act of 1930, as amended, 19 U.S.C. 

1337, and in section 210.10 of the 

Commission’s Rules of Practice and 

Procedure, 19 CFR 210.10 (2021). 

By order of the Commission. 

Issued: January 21, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–01565 Filed 1–26–22; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Consent Decree Under the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA) 

On January 20, 2022, the Department 

of Justice lodged a proposed Consent 

Decree with the United States District 

Court for the District of New Mexico in 

the multidistrict litigation entitled In re: 

Gold King Mine Release in San Juan 

County, Colorado on August 5, 2015, 

MDL no. 1:18–md–02824–WJ. The 

proposed Consent Decree pertains to 

certain claims alleged in the following 

actions that have been centralized in the 

multidistrict litigation: No. 16–cv–465– 

WJ/LF; No. 16–cv–931–WJ/LF; No. 18– 

cv–319–WJ; No. 18–cv–744–WJ. 

The proposed Consent Decree 

resolves claims brought by the United 

States against Sunnyside Gold 

Corporation (‘‘SGC’’) and Kinross Gold 

Corporation (‘‘KGC’’) under Sections 

107(a) and 113(g)(2) of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act of 1980 (‘‘CERCLA’’), 42 U.S.C. 

9607(a) and 9613(g)(2), and seeking 

reimbursement of, or contribution 

towards, response costs incurred or to 

be incurred for response actions taken 

or to be taken by the United States in 

connection with the release or 

threatened release of hazardous 


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4292 Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Notices 

substances at the Bonita Peak Mining 

District Superfund Site located in San 

Juan County, Colorado (‘‘BPMD Site’’). 

The BPMD Site was placed on the 

National Priorities List on September 9, 

2016. See 81 FR 62397, 62401 (Sept. 9, 

2016). The United States alleged that 

SGC is liable under CERCLA as a 

current owner at the Site and as a past 

owner and operator at the time of a 

disposal of a hazardous substance at the 

Site, and that KGC is liable as the 

successor to Echo Bay Mines, Ltd., a 

past operator at the time of a disposal 

of a hazardous substance at the Site. 

The proposed Consent Decree also 

resolves claims brought by SGC against 

the United States under CERCLA for 

recovery of response costs and 

contribution, and a claim for 

contribution and indemnity in 

connection with the BPMD Site. SGC 

alleged that the United States is liable 

under CERCLA as a current owner at the 

Site, as a previous owner at the Site at 

the time of disposal of hazardous 

substances, and as an operator and 

arranger at the Site, in part as a result 

of the U.S. Environmental Protection 

Agency’s (‘‘EPA’s’’) response actions at 

the Gold King Mine. In addition, the 

proposed Consent Decree resolves the 

State of Colorado’s potential claims 

against SGC and KGC under Section 

107(a) of CERCLA, 42 U.S.C. 9607(a), for 

reimbursement of response costs 

incurred or to be incurred for response 

actions taken or to be taken by the State 

in connection with the release or 

threatened release of hazardous 

substances at the BPMD Site. 

The proposed Consent Decree 

requires SGC and KGC to pay $45 

million to the United States and the 

State of Colorado for response costs in 

connection with the BPMD Site, and 

requires the United States to pay $45 

million to appropriate federal accounts 

for response costs. The proposed 

Consent Decree provides SGC and KGC 

and certain related parties (including 

Echo Bay, Inc., Kinross Gold USA, 

White Pine Gold Corporation, Echo Bay 

Management Corporation, and Echo Bay 

Exploration Inc.) with contribution 

protection under CERCLA and with 

covenants not to sue or take 

administrative action with regard to the 

Site under Sections 106, 107(a), and 113 

of CERCLA; Sections 3008 and 7003 of 

the Resource Conservation and 

Recovery Act (‘‘RCRA’’); Sections 309 

and 311 of the Clean Water Act; and 

certain Colorado statutory provisions. 

The proposed Consent Decree further 

terminates administrative orders issued 

to SGC related to Site access and 

investigation. Under the proposed 

consent decree, EPA, U.S. Department 

of the Interior, and U.S. Department of 

Agriculture receive contribution 

protection and covenants not to sue 

with regard to the BPMD Site under 

Sections 106 and 107(a) of CERCLA and 

certain Colorado statutory provisions. 

The proposed Consent Decree does 

not resolve all claims in the 

multidistrict litigation. For instance, it 

does not address claims brought by the 

State of New Mexico, Navajo Nation, or 

individual plaintiffs against the EPA 

related to the Gold King Mine. 

The publication of this notice opens 

a period for public comment on the 

proposed Consent Decree. Comments 

should be addressed to the Assistant 

Attorney General, Environment and 

Natural Resources Division, and should 

refer to In re: Gold King Mine Release in 

San Juan County, Colorado on August 5, 

2015, D.J. Ref. No. 90–11–3–11676 and 

No. 90–11–6–20816. 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. 

Under section 7003(d) of RCRA, a 

commenter may request an opportunity 

for a public meeting in the affected area. 

During the public comment period, 

the proposed Consent Decree may be 

examined and downloaded at this 

Justice Department website: https://

www.justice.gov/enrd/consent-decrees. 

We will provide a paper copy of the 

proposed 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 $11.25 (25 cents per page 

reproduction cost) payable to the United 

States Treasury. 

Jeffrey Sands, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2022–01584 Filed 1–26–22; 8:45 am] 

BILLING CODE 4410–15–P 

NATIONAL FOUNDATION ON THE 

ARTS AND THE HUMANITIES 

Institute of Museum and Library 

Services 

Submission for OMB Review, 

Comment Request, Proposed 

Collection: Museum Assessment 

Program Application Forms 

AGENCY: Institute of Museum and 

Library Services, National Foundation 

on the Arts and the Humanities. 

ACTION: Submission for OMB review, 

comment request. 

SUMMARY: The Institute of Museum and 

Library Services announces that the 

following information collection has 

been submitted to the Office of 

Management and Budget (OMB) for 

review and approval in accordance with 

the Paperwork Reduction Act. This 

program helps to ensure that requested 

data can be provided in the desired 

format, reporting burden (time and 

financial resources) is minimized, 

collection instruments are clearly 

understood, and the impact of collection 

requirements on respondents can be 

properly assessed. This Notice proposes 

the clearance of three forms associated 

with the application process and five 

customer feedback surveys for the 

Museum Assessment Program. A copy 

of the proposed information collection 

request can be obtained by contacting 

the individual listed below in the FOR

FURTHER INFORMATION CONTACT section of 

this Notice. 

DATES: Written comments must be 

submitted to the office listed in the 

ADDRESSES section below on or before 

February 26, 2022. 

ADDRESSES: Written comments and 

recommendations for proposed 

information collection requests should 

be sent within 30 days of publication of 

this Notice to www.reginfo.gov/public/ 

do/PRAMain. Find this particular 

information collection request by 

selecting ‘‘Institute of Museum and 

Library Services’’ under ‘‘Currently 

Under Review;’’ then check ‘‘Only Show 

ICR for Public Comment’’ checkbox. 

Once you have found this information 

collection request, select ‘‘Comment,’’ 

and enter or upload your comment and 

information. Alternatively, please mail 

your written comments to Office of 

Information and Regulatory Affairs, 

Attn.: OMB Desk Officer for Education, 

Office of Management and Budget, 

Room 10235, Washington, DC 20503, or 

call (202) 395–7316. 

OMB is particularly interested in 

comments that help the agency to: 


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