Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / Notices 15455 

Rule 210.75(a), to determine whether a 

violation of the consent order issued in 

the original investigation has occurred 

and to determine what, if any, 

enforcement measures are appropriate. 

86 FR 10335 (Feb. 19, 2021). The 

respondents named in the enforcement 

proceeding are the same as the 

respondents named in the original 

investigation, i.e., East West 

Manufacturing, LLC of Atlanta, Georgia, 

and East West Industries of Binh Duong, 

Vietnam. Id. OUII was named as a party 

in the enforcement proceeding. Id. 

On March 1, 2021, East West filed a 

motion for monetary and other 

sanctions alleging that Regal and its 

attorneys tampered with and 

misrepresented the accused redesigned 

blower in the enforcement complaint. 

Regal and OUII filed responses thereto 

on March 11, 2021, and March 18, 2021, 

respectively. Regal opposed the motion 

and asked for monetary sanctions in its 

response. The presiding Administrative 

Law Judge (‘‘ALJ’’) further permitted the 

private parties to file replies and surreplies to the sanctions briefing. EID at 

16. 

On June 29, 2021, the ALJ issued a 

Markman Order (Order No. 22), styled 

‘‘Markman Claim Constructions With 

Abbreviated Rationales’’ (Markman 

Order I). On July 13, 2021, the ALJ 

issued Order No. 23, clarifying Order 

No. 22. 

The ALJ held an evidentiary hearing 

from July 20–23, 2021 and received 

post-hearing briefs thereafter. On 

September 22, 2021, the ALJ held a 

supplemental hearing on the sanctions 

motion. EID at 18. 

On October 29, 2021, the ALJ issued 

Order No. 32 (Markman Order II), 

providing extensive explanations as to 

the adopted constructions in Order No. 

22. 

On December 14, 2021, the ALJ issued 

the subject EID finding no violation of 

the Consent Order. The EID found that 

the parties do not contest personal 

jurisdiction, and that the Commission 

has in rem jurisdiction over the accused 

products. EID at 19–20. The EID noted 

that the private parties filed a ‘‘Joint 

Stipulation on Importation and Sales,’’ 

describing ‘‘the number of units of the 

Accused or Redesigned Blower that East 

West imported and sold.’’ Id. at 20. The 

EID found that Regal failed to show that 

East West’s redesigned blower infringes 

asserted claims 1, 2, 7–10, and 15 of the 

’834 patent, and thus failed to show a 

violation of the consent order. See id. at 

9–10. The EID stated that ‘‘in the event 

the Commission were to find to the 

contrary, an imposed civil penalty 

should be de minimus and not the 

maximum civil penalty that Regal has 

proposed.’’ Id. at 10. Specifically, the 

EID recommended that ‘‘East West 

disgorge its profits plus an additional 

one-half of its profits from any sales that 

violated the Consent Order.’’ Id. at 10– 

11. 

On December 14, 2021, the ALJ also 

issued Order No. 36 denying East West’s 

motion for monetary sanctions. The ALJ 

issued a public warning to Regal, citing 

the Commission’s sanctions authority 

under Commission Rule 210.4(c) and 

(d), 19 CFR 210.4(c), (d), and ordered 

Regal to correct potentially misleading 

portions of the enforcement complaint. 

On January 4, 2022, Regal filed a 

petition for review of the EID, and 

Respondents filed a contingent petition 

for review of the EID and a petition for 

review of Order No. 36. On January 10, 

2022, the parties replied to the petitions 

for review. 

On February 11, 2022, the 

Commission determined to review the 

EID and Order No. 36. 87 FR 9085–86 

(Feb. 17, 2022). 

Pursuant to 19 CFR 210.25, the 

Commission has determined to bifurcate 

its review of Order No. 36 from its 

review of the EID. Upon review of the 

parties’ submissions, the EID, and the 

evidence of record, the Commission has 

determined to affirm the EID’s finding 

that Regal failed to show that East West 

violated the Consent Order with the 

modifications set forth in the 

accompanying Commission opinion. 

The enforcement proceeding is 

terminated. The Commission has 

determined to remand Order No. 36 to 

the ALJ for a revised order regarding 

sanctions as set forth in the Commission 

remand order. The Commission will 

consider Order No. 36 in the separate 

sanctions proceeding. 

The Commission’s vote on this 

determination took place on March 14, 

2022. 

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 part 

210 of the Commission’s Rules of 

Practice and Procedure (19 CFR 210). 

By order of the Commission. 

Issued: March 14, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–05713 Filed 3–17–22; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Consent Decree Under the Clean Air 

Act 

On March 15, 2022, the Department of 

Justice lodged a proposed Consent 

Decree with the United States District 

Court for the Western District of 

Louisiana in the lawsuit entitled United 

States of America v. Power Performance 

Enterprises Inc. and Kory Blaine Willis, 

Civil Action No. 22–cv–00693. 

In this action, the United States, on 

behalf of the U.S. Environmental 

Protection Agency, filed a Complaint 

alleging that between August 15, 2013 

and June 4, 2018, Defendants PPEI and 

its owner, Mr. Willis, manufactured, 

sold, or offered to sell aftermarket 

automotive products that have a 

principal effect of bypassing, defeating, 

or rendering inoperative the emission 

controls on diesel cars and trucks in 

violation of Section 203(a)(3)(B) of the 

CAA, 42 U.S.C. 7522(a)(3)(B). The 

Complaint further alleges that, absent an 

injunction, Defendants may resume the 

manufacture or sales of such products. 

The proposed Complaint seeks 

appropriate civil penalties and 

injunctive relief to prohibit Defendants 

from continuing to manufacture and sell 

these unlawful products. 

Under the proposed settlement, the 

Defendants agree to pay a civil penalty 

(based on a finding of limited ability to 

pay) of $1,550,000 in three installment 

payments over 2 years. In addition, the 

settlement imposes various restrictions 

designed to ensure that Defendants 

operate in compliance with the law. 

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 United States of America v. 

Power Performance Enterprises Inc. and 

Kory Blaine Willis, D.J. Ref. No. 90–5– 

2–1–11865. 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 proposed Consent Decree may be 


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15456 Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / Notices 

examined and downloaded at this 

Justice Department website: http://

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 $17.00 (25 cents per page 

reproduction cost) payable to the United 

States Treasury. 

Thomas Carroll, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2022–05754 Filed 3–17–22; 8:45 am] 

BILLING CODE 4410–15–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2022–0039] 

Dedication of Commercial-Grade 

Digital Instrumentation and Control 

Items for Use in Nuclear Power Plants 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Draft regulatory guide; request 

for comment. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing for public 

comment draft regulatory guide (DG), 

DG–1402, ‘‘Dedication of CommercialGrade Digital Instrumentation and 

Control Items for Use in Nuclear Power 

Plants.’’ This DG is a proposed new 

regulatory guide for the dedication of 

commercial-grade digital 

instrumentation and control (I&C) items 

for use in nuclear power plant safety 

applications. 

DATES: Submit comments by April 18, 

2022. Comments received after this date 

will be considered if it is practical to do 

so, but the NRC is able to ensure 

consideration only for comments 

received on or before this date. 

ADDRESSES: You may submit comments 

by any of the following methods; 

however, the NRC encourages electronic 

comment submission through the 

Federal rulemaking website: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2022–0039. Address 

questions about Docket IDs in 

Regulations.gov to Stacy Schumann; 

telephone: 301–415–0624; email: 

Stacy.Schumann@nrc.gov. For technical 

questions, contact the individuals listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

• Mail comments to: Office of 

Administration, Mail Stop: TWFN–7– 

A60M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, ATTN: Program Management, 

Announcements and Editing Staff. 

For additional direction on obtaining 

information and submitting comments, 

see ‘‘Obtaining Information and 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Michael Eudy, Office of Nuclear 

Regulatory Research, telephone: 301– 

415–3104, email: Michael.Eudy@nrc.gov 

and Dinesh Taneja, Office of Nuclear 

Reactor Regulation, telephone: 301– 

415–0011, email: Dinesh.Taneja@

nrc.gov. Both are staff members of the 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC 2022– 

0039 when contacting the NRC about 

the availability of information for this 

action. You may obtain publicly 

available information related to this 

action by any of the following methods: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC 2022–0039. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

https://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, 301– 

415–4737, or by email to 

PDR.Resource@nrc.gov. The ADAMS 

accession number for each document 

referenced (if it is available in ADAMS) 

is provided the first time that it is 

mentioned in this document. 

• NRC’s PDR: You may examine and 

purchase copies of public documents, 

by appointment, at the NRC’s PDR, 

Room P1 B35, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland 20852. To make an 

appointment to visit the PDR, please 

send an email to PDR.Resource@nrc.gov 

or call 1–800–397–4209 or 301–415– 

4737, between 8:00 a.m. and 4:00 p.m. 

(ET), Monday through Friday, except 

Federal holidays. 

B. Submitting Comments 

The NRC encourages electronic 

comment submission through the 

Federal rulemaking website (https://

www.regulations.gov). Please include 

Docket ID NRC 2022–0039 in your 

comment submission. 

The NRC cautions you not to include 

identifying or contact information that 

you do not want to be publicly 

disclosed in your comment submission. 

The NRC will post all comment 

submissions at https://

www.regulations.gov as well as enter the 

comment submissions into ADAMS. 

The NRC does not routinely edit 

comment submissions to remove 

identifying or contact information. 

If you are requesting or aggregating 

comments from other persons for 

submission to the NRC, then you should 

inform those persons not to include 

identifying or contact information that 

they do not want to be publicly 

disclosed in their comment submission. 

Your request should state that the NRC 

does not routinely edit comment 

submissions to remove such information 

before making the comment 

submissions available to the public or 

entering the comment into ADAMS. 

II. Additional Information 

The NRC is issuing for public 

comment a DG in the NRC’s ‘‘Regulatory 

Guide’’ series. This series was 

developed to describe methods that are 

acceptable to the NRC staff for 

implementing specific parts of the 

agency’s regulations, to explain 

techniques that the staff uses in 

evaluating specific issues or postulated 

events, and to describe information that 

the staff needs in its review of 

applications for permits and licenses. 

The DG, entitled ‘‘Dedication of 

Commercial-Grade Digital 

Instrumentation and Control Items for 

Use in Nuclear Power Plants,’’ is 

temporarily identified by its task 

number, DG–1402 (ADAMS Accession 

No. ML22003A180). 

The staff is also issuing for public 

comment a draft regulatory analysis 

(ADAMS Accession No. ML22003A181) 

for DG–1402. The staff developed the 

regulatory analysis to assess the value of 

issuing DG–1402 as well as alternative 

courses of action. 

The draft guide is a proposed new 

regulatory guide for the dedication of 

commercial-grade digital I&C items for 

use in nuclear power plant safety 

applications. It endorses, with 

clarifications, Nuclear Energy Institute 

17–06, ‘‘Guidance on Using IEC 61508 

SIL Certification to Support the 

Acceptance of Commercial Grade Digital 


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