35248 Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Notices 

of Walnut Creek, California 

(collectively, ‘‘Canadian Solar’’) as the 

respondents. Id. The Office of Unfair 

Import Investigations is not named as a 

party. Id. 

On July 15, 2021, the Commission 

terminated the investigation as to the 

’707 patent based on Solaria’s 

withdrawal of the allegations in the 

complaint as to that patent. Order No. 

9 (June 28, 2021), unreviewed by 

Comm’n Notice (July 15, 2021). On 

October 13, 2021, the Commission 

terminated the investigation as to 

certain claims of the ’333 patent and the 

’388 patent based on Solaria’s 

withdrawal of the allegations in the 

complaint as to those claims. Order No. 

13 (Sept. 14, 2021), unreviewed by 

Comm’n Notice (Oct. 13, 2021). 

On October 22, 2021, the presiding 

chief administrative law judge (‘‘CALJ’’) 

issued a final initial determination 

(‘‘FID’’) on violation, finding a violation 

of section 337 with respect to the ’388 

and ’333 patents. The FID also included 

the CALJ’s recommended determination 

on remedy and bonding. 

On November 5, 2021, Canadian Solar 

filed a petition for review of certain 

aspects of the FID on violation. On 

November 15, 2021, Solaria filed a 

response to Canadian Solar’s petition. 

On November 22, 2021, Canadian 

Solar filed a notice of supplemental 

authority to inform the Commission that 

a claim construction order issued in a 

related district court litigation involving 

the same parties and patents at issue in 

this investigation. 

On November 23, 2021, Canadian 

Solar filed a submission on the public 

interest pursuant to Commission Rule 

210.50(a)(4) (19 CFR 210.50(a)(4)). The 

Commission did not receive a public 

interest submission from Solaria. The 

Commission also did not receive any 

submissions on the public interest from 

members of the public in response to 

the Commission’s Federal Register 

notice. 86 FR 62845–46 (Nov. 12, 2021). 

On February 4, 2022, the Commission 

determined to review the FID in part 

and to remand the FID in part to the 

CALJ to address, in the first instance, 

Canadian Solar’s on-sale bar defenses as 

to the asserted claims of the ’333 patent. 

87 FR 7867–70 (Feb. 10, 2022). 

On February 18, 2022, Solaria and 

Canadian Solar each filed initial briefs 

on the issues under review, as well as 

the issues of remedy, the public interest, 

and bonding. On March 4, 2022, Solaria 

and Canadian Solar each filed reply 

briefs. 

On March 4, 2022, the CALJ issued a 

remand initial determination (‘‘RID’’) 

finding that Canadian Solar failed to 

show, by clear and convincing evidence, 

that the asserted claims of the ’333 

patent are anticipated under the on-sale 

bar of 35 U.S.C. 102. 

On March 16, 2022, Canadian Solar 

filed a petition for review of the RID. On 

March 23, 2022, Solaria filed a response 

to Canadian Solar’s petition. On April 

20, 2022, the Commission determined to 

extend the deadline for determining 

whether to review the RID until June 6, 

2022. 

On June 3, 2022, the parties filed a 

joint motion to terminate the 

investigation based on settlement. 

The Commission has determined to 

grant the joint motion to terminate the 

investigation. The Commission finds 

that, consistent with Commission Rule 

210.21(b)(1) (19 CFR 210.21(b)(1)), the 

Moving Parties attached a copy of the 

signed settlement and license agreement 

between the parties (the ‘‘Settlement 

Agreement’’) as Exhibit A, with a 

redacted version of the Settlement 

Agreement attached as Exhibit B. The 

Moving Parties submit that the 

Settlement Agreement resolves all of the 

issues in dispute in this Investigation. 

Mot. at 1–2. In further compliance with 

Commission Rule 210.21(b)(1), the 

Motion contains a statement that ‘‘there 

are no other agreements, written or oral, 

express or implied, between the Private 

Parties concerning the subject matter of 

this Investigation.’’ Mot. at 2. The 

Commission finds that termination of 

this investigation by settlement will not 

adversely affect the public interest. See 

19 CFR 210.50(b)(2). 

This investigation is hereby 

terminated. 

The Commission vote for this 

determination took place on June 6, 

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 part 

210). 

By order of the Commission. 

Issued: June 6, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–12451 Filed 6–8–22; 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 

On June 3, 2022, the Department of 

Justice lodged a proposed consent 

decree with the United States District 

Court for the District of Delaware in the 

lawsuit entitled United States and the 

State of Delaware v. Hercules LLC, et al., 

Civil Action No. 1:22–cv–00731–UNA. 

The United States and the State of 

Delaware filed this lawsuit under the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA). The complaint names 22 

companies as defendants in connection 

with the alleged releases of hazardous 

substances at the Delaware Sand and 

Gravel Superfund Site (the ‘‘Site) in 

New Castle, Delaware. Under the 

consent decree, a group of defendants 

will perform the remedial action that 

EPA selected for the Site at an estimated 

cost of $46.1 million. The defendants 

will also pay all EPA future response 

costs after the first $800,000, which is 

the amount of a credit allowed 

defendants consistent with EPA’s 

Orphan Share Policy, which reflects the 

fact that some otherwise liable parties at 

the Site are now defunct. In return, the 

United States and Delaware agree not to 

sue the defendants under sections 106 

and 107 of CERCLA or under section 

7003 of the Resource Conservation and 

Recovery Act. 

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 and the State of Delaware 

v. Hercules LLC, et al., D.J. Ref. No. 90– 

11–2–298/1. 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 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 

consent decree without the exhibits 

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. 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Notices 35249 

Please enclose a check or money order 

for $18.25 (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. 2022–12404 Filed 6–8–22; 8:45 am] 

BILLING CODE 4410–15–P 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

[NARA–22–0012; NARA–2022–053] 

Records Schedules; Availability and 

Request for Comments 

AGENCY: National Archives and Records 

Administration (NARA). 

ACTION: Notice of availability of 

proposed records schedules; request for 

comments. 

SUMMARY: The National Archives and 

Records Administration (NARA) 

publishes notice of certain Federal 

agency requests for records disposition 

authority (records schedules). We 

publish notice in the Federal Register 

and on regulations.gov for records 

schedules in which agencies propose to 

dispose of records they no longer need 

to conduct agency business. We invite 

public comments on such records 

schedules. 

DATES: We must receive responses on 

the schedules listed in this notice by 

June 8, 2022. 

ADDRESSES: To view a records schedule 

in this notice, or submit a comment on 

one, use the following address: https:// 

www.regulations.gov/docket/NARA-22- 

0012/document. This is a direct link to 

the schedules posted in the docket for 

this notice on regulations.gov. You may 

submit comments by the following 

method: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. On the website, 

enter either of the numbers cited at the 

top of this notice into the search field. 

This will bring you to the docket for this 

notice, in which we have posted the 

records schedules open for comment. 

Each schedule has a ‘comment’ button 

so you can comment on that specific 

schedule. For more information on 

regulations.gov and on submitting 

comments, see their FAQs at https://

www.regulations.gov/faq. 

Due to COVID–19 building closures, 

we are currently temporarily not 

accepting comments by mail. However, 

if you are unable to comment via 

regulations.gov, you may contact 

request.schedule@nara.gov for 

instructions on submitting your 

comment. You must cite the control 

number of the schedule you wish to 

comment on. You can find the control 

number for each schedule in 

parentheses at the end of each 

schedule’s entry in the list at the end of 

this notice. 

FOR FURTHER INFORMATION CONTACT: 

Kimberly Richardson, Regulatory and 

External Policy Program Manager, by 

email at regulation_comments@

nara.gov. For information about records 

schedules, contact Records Management 

Operations by email at 

request.schedule@nara.gov or by phone 

at 301–837–1799. 

SUPPLEMENTARY INFORMATION: 

Public Comment Procedures 

We are publishing notice of records 

schedules in which agencies propose to 

dispose of records they no longer need 

to conduct agency business. We invite 

public comments on these records 

schedules, as required by 44 U.S.C. 

3303a(a), and list the schedules at the 

end of this notice by agency and 

subdivision requesting disposition 

authority. 

In addition, this notice lists the 

organizational unit(s) accumulating the 

records or states that the schedule has 

agency-wide applicability. It also 

provides the control number assigned to 

each schedule, which you will need if 

you submit comments on that schedule. 

We have uploaded the records 

schedules and accompanying appraisal 

memoranda to the regulations.gov 

docket for this notice as ‘‘other’’ 

documents. Each records schedule 

contains a full description of the records 

at the file unit level as well as their 

proposed disposition. The appraisal 

memorandum for the schedule includes 

information about the records. 

We will post comments, including 

any personal information and 

attachments, to the public docket 

unchanged. Because comments are 

public, you are responsible for ensuring 

that you do not include any confidential 

or other information that you or a third 

party may not wish to be publicly 

posted. If you want to submit a 

comment with confidential information 

or cannot otherwise use the 

regulations.gov portal, you may contact 

request.schedule@nara.gov for 

instructions on submitting your 

comment. 

We will consider all comments 

submitted by the posted deadline and 

consult as needed with the Federal 

agency seeking the disposition 

authority. After considering comments, 

we will post on regulations.gov a 

‘‘Consolidated Reply’’ summarizing the 

comments, responding to them, and 

noting any changes we have made to the 

proposed records schedule. We will 

then send the schedule for final 

approval by the Archivist of the United 

States. You may elect at regulations.gov 

to receive updates on the docket, 

including an alert when we post the 

Consolidated Reply, whether or not you 

submit a comment. If you have a 

question, you can submit it as a 

comment, and can also submit any 

concerns or comments you would have 

to a possible response to the question. 

We will address these items in 

consolidated replies along with any 

other comments submitted on that 

schedule. 

We will post schedules on our 

website in the Records Control Schedule 

(RCS) Repository, at https://

www.archives.gov/records-mgmt/rcs, 

after the Archivist approves them. The 

RCS contains all schedules approved 

since 1973. 

Background 

Each year, Federal agencies create 

billions of records. To control this 

accumulation, agency records managers 

prepare schedules proposing retention 

periods for records and submit these 

schedules for NARA’s approval. Once 

approved by NARA, records schedules 

provide mandatory instructions on what 

happens to records when no longer 

needed for current Government 

business. The records schedules 

authorize agencies to preserve records of 

continuing value in the National 

Archives or to destroy, after a specified 

period, records lacking continuing 

administrative, legal, research, or other 

value. Some schedules are 

comprehensive and cover all the records 

of an agency or one of its major 

subdivisions. Most schedules, however, 

cover records of only one office or 

program or a few series of records. Many 

of these update previously approved 

schedules, and some include records 

proposed as permanent. 

Agencies may not destroy Federal 

records without the approval of the 

Archivist of the United States. The 

Archivist grants this approval only after 

thorough consideration of the records’ 

administrative use by the agency of 

origin, the rights of the Government and 

of private people directly affected by the 

Government’s activities, and whether or 

not the records have historical or other 

value. Public review and comment on 

these records schedules is part of the 

Archivist’s consideration process. 


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