82 FR 40595 - Certain Road Milling Machines and Components Thereof; Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 82, Issue 164 (August 25, 2017)
Federal Register Volume 82, Issue 164 (August 25, 2017)
| Page Range | 40595-40596 | |
| FR Document | 2017-18024 |
[Federal Register Volume 82, Number 164 (Friday, August 25, 2017)] [Notices] [Pages 40595-40596] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-18024] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1067] Certain Road Milling Machines and Components Thereof; Institution of Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- [[Page 40596]] SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 19, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Wirtgen America, Inc. of Antioch, Tennessee. Supplements were filed on August 11, 2017. The complaint 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 road milling machines and components thereof by reason of infringement of one or more of U.S. Patent No. 9,644,340 (``the '340 patent''); U.S. Patent No. 9,624,628 (``the '628 patent''); U.S. Patent No. 9,656,530 (``the '530 patent''); U.S. Patent No. 7,530,641 (``the '641 patent''); and U.S. Patent No. 7,828,309 (``the '309 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, 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 https://www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560. SUPPLEMENTARY INFORMATION: 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 (2017). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on August 18, 2017, 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 road milling machines and components thereof by reason of infringement of one or more of claims 1-5, 7-12, and 14-17 of the '340 patent; claims 1, 2, 5, 6, 9-22, and 27-29 of the '628 patent; claims 1-7, 13-24, and 26 of the '530 patent; claims 1, 2, 4, 6-8, 11, 12, and 15-17 of the '641 patent; and claims 1-3, 5-24, and 26-36 of the '309 patent; and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) 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: Wirtgen America, Inc., 6030 Dana Way, Antioch, TN 37013-3116. (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: Caterpillar Bitelli SpA, Via IV Novembre, 2, 40061 Minerbio BO, Italy Caterpillar Prodotti Stradali S.r.L., Via IV Novembre, 2, 40061 Minerbio BO, Italy Caterpillar Americas CV, 76 Route de Frontenex Boite Postale 6000, 1211 Geneva, Switzerland Caterpillar Paving Products, Inc., 9401 85th Avenue North, Minneapolis, MN 55445 Caterpillar Inc., 100 NE Adams Street, Peoria, IL 61629 (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; and (3) 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: August 21, 2017. William R. Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2017-18024 Filed 8-24-17; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Notices 40595
The current notice announces waiver
of the 30-day comment period for each
of these three permit applications.
Permit issuance
Permit No. Applicant Receipt of application Federal Register notice date
Endangered Species
04186C .............. Columbus Zoo & Aquarium ........ 81 FR 90863; December 15, 2016 ................................................. May 3, 2017.
04257C .............. Columbus Zoo & Aquarium ........ 81 FR 86723; December 1, 2016 ................................................... May 9, 2017.
06738C .............. Wildlife Conservation Society ..... 81 FR 95628; December 28, 2016 ................................................. May 25, 2017.
19807C .............. University of Wisconsin–Madison Waived ............................................................................................. May 19, 2017.
38670C .............. U.S. Fish and Wildlife Service ... Waived ............................................................................................. June 6, 2017.
Marine Mammals
14762C .............. U.S. National Park Service ........ 82 FR 24381; May 26, 2017 ........................................................... June 1, 2017.
Joyce Russell, Seashore Lane, Berlin, MD 21811, 410– errata sheets that show factual
Government Information Specialist, Branch 629–6080. corrections to the text of the Draft GMP/
of Permits, Division of Management FOR FURTHER INFORMATION CONTACT: EIS or where the text has been revised
Authority. Deborah Darden, Assateague Island to reflect minor additions or changes
[FR Doc. 2017–18038 Filed 8–24–17; 8:45 am] National Seashore, 410–629–6080, suggested by commenters.
BILLING CODE 4333–15–P deborah_darden@nps.gov As in the Draft GMP/EIS, the
SUPPLEMENTARY INFORMATION: The Abbreviated Final GMP/EIS identifies
seashore was established in 1965 and is the NPS preferred alternative as
DEPARTMENT OF THE INTERIOR composed of more than 41,320 acres alternative 3—sustainable recreation
including 37-mile Assateague Island in and climate change adaptation.
National Park Service NPS decision makers considered the
Maryland and Virginia and the
[NPS–NER–ASIS–22489; PPNEASISS0, surrounding marine and estuarine information collected during scoping,
PPMPSPD1Z.YM0000] waters up to one-half mile from the the results of the impact analysis, and
island’s shore. Within the seashore the seashore’s purpose and significance.
Abbreviated Final Environmental boundary are Assateague State Park Findings supported selection of
Impact Statement for the Assateague (owned by the state of Maryland and alternative 3 as the NPS preferred
Island National Seashore General managed by the Maryland Department alternative because it would provide the
Management Plan of Natural Resources) and Chincoteague highest degree of enhanced public use
AGENCY: National Park Service, Interior. National Wildlife Refuge (managed by and enjoyment of the seashore, would
the U.S. Fish and Wildlife Service). The provide the highest degree of protection
ACTION: Notice of availability.
NPS owns 8,983 acres within the to the seashore’s fundamental and other
SUMMARY: The National Park Service seashore boundary, including land on important resources and values, would
(NPS) announces the availability of the Assateague Island in Maryland, the offer the greatest potential for enhanced
Abbreviated Final General Management Assateague Beach U.S. Coast Guard coastal resiliency, and would support
Plan/Environmental Impact Statement Station in Virginia, and its mainland the most effective organizational
(GMP/EIS) for Assateague Island Maryland headquarters complex and management for the seashore.
National Seashore (seashore), Maryland visitor center. The states of Maryland Dated: May 3, 2017.
and Virginia. The purpose of the plan is and Virginia own the submerged lands Joshua Laird,
to provide a framework for management within the seashore boundary, with
Acting Regional Director, Northeast Region,
decision making that is consistent with ownership extending to mean high National Park Service.
the purposes for which the seashore was water in Maryland and mean low water
established by Congress as a unit of the in Virginia. Editorial Note: This document was
national park system and that protects Pursuant to the National received by the Office of the Federal Register
Environmental Policy Act of 1969 (42 on August 21, 2017.
the seashore’s fundamental and other [FR Doc. 2017–18009 Filed 8–24–17; 8:45 am]
important resources and values. U.S.C. 4321 et seq.), the NPS released a
Draft GMP/EIS on January 29, 2016 for BILLING CODE 4312–52–P
DATES: The NPS will issue a final
a 90-day public review period. The Draft
decision on the Abbreviated Final GMP/ GMP/EIS evaluated four alternatives for
EIS no earlier than 30 days from the future seashore management. INTERNATIONAL TRADE
date the Environmental Protection Comments received on the Draft COMMISSION
Agency publishes its Notice of GMP/EIS resulted in minor changes to
Availability of the Abbreviated Final the text but did not significantly alter [Investigation No. 337–TA–1067]
GMP/EIS in the Federal Register.
sradovich on DSK3GMQ082PROD with NOTICES
the alternatives or the impact analysis;
ADDRESSES: The Abbreviated Final thus, the NPS has prepared an Certain Road Milling Machines and
GMP/EIS is available electronically at Abbreviated Final GMP/EIS. The Components Thereof; Institution of
http://www.parkplanning.nps.gov/asis. Abbreviated Final GMP/EIS discusses Investigation
A limited number of printed copies will the public and agency comments AGENCY: U.S. International Trade
be available upon request by contacting received on the Draft GMP/EIS and Commission.
the Superintendent, Assateague Island provides NPS responses. The
ACTION: Notice.
National Seashore, 7206 National Abbreviated Final GMP/EIS contains
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![40596 Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Notices
SUMMARY: Notice is hereby given that a Scope of Investigation: Having Commission if received not later than 20
complaint was filed with the U.S. considered the complaint, the U.S. days after the date of service by the
International Trade Commission on July International Trade Commission, on Commission of the complaint and the
19, 2017, under section 337 of the Tariff August 18, 2017, Ordered that— notice of investigation. Extensions of
Act of 1930, as amended, on behalf of (1) Pursuant to subsection (b) of time for submitting responses to the
Wirtgen America, Inc. of Antioch, section 337 of the Tariff Act of 1930, as complaint and the notice of
Tennessee. Supplements were filed on amended, an investigation be instituted investigation will not be granted unless
August 11, 2017. The complaint alleges to determine whether there is a good cause therefor is shown.
violations of section 337 based upon the violation of subsection (a)(1)(B) of Failure of a respondent to file a timely
importation into the United States, the section 337 in the importation into the response to each allegation in the
sale for importation, and the sale within United States, the sale for importation, complaint and in this notice may be
the United States after importation of or the sale within the United States after deemed to constitute a waiver of the
certain road milling machines and importation of certain road milling right to appear and contest the
components thereof by reason of machines and components thereof by allegations of the complaint and this
infringement of one or more of U.S. reason of infringement of one or more of notice, and to authorize the
Patent No. 9,644,340 (‘‘the ’340 patent’’); claims 1–5, 7–12, and 14–17 of the ’340 administrative law judge and the
U.S. Patent No. 9,624,628 (‘‘the ’628 patent; claims 1, 2, 5, 6, 9–22, and 27– Commission, without further notice to
patent’’); U.S. Patent No. 9,656,530 (‘‘the 29 of the ’628 patent; claims 1–7, 13–24, the respondent, to find the facts to be as
’530 patent’’); U.S. Patent No. 7,530,641 and 26 of the ’530 patent; claims 1, 2, alleged in the complaint and this notice
(‘‘the ’641 patent’’); and U.S. Patent No. 4, 6–8, 11, 12, and 15–17 of the ’641 and to enter an initial determination
7,828,309 (‘‘the ’309 patent’’). The patent; and claims 1–3, 5–24, and 26– and a final determination containing
complaint further alleges that an 36 of the ’309 patent; and whether an such findings, and may result in the
industry in the United States exists as industry in the United States exists as issuance of an exclusion order or a cease
required by the applicable Federal required by subsection (a)(2) of section and desist order or both directed against
Statute. 337; the respondent.
The complainant requests that the (2) For the purpose of the By order of the Commission.
Commission institute an investigation investigation so instituted, the following Issued: August 21, 2017.
and, after the investigation, issue a are hereby named as parties upon which William R. Bishop,
limited exclusion order and cease and this notice of investigation shall be Supervisory Hearings and Information
desist orders. served: Officer.
(a) The complainant is: Wirtgen
ADDRESSES: The complaint, except for [FR Doc. 2017–18024 Filed 8–24–17; 8:45 am]
America, Inc., 6030 Dana Way, Antioch,
any confidential information contained BILLING CODE 7020–02–P
TN 37013–3116.
therein, is available for inspection
(b) The respondents are the following
during official business hours (8:45 a.m.
entities alleged to be in violation of INTERNATIONAL TRADE
to 5:15 p.m.) in the Office of the
section 337, and are the parties upon COMMISSION
Secretary, U.S. International Trade
which the complaint is to be served:
Commission, 500 E Street SW., Room [Investigation No. 337–TA–1036]
112, Washington, DC 20436, telephone Caterpillar Bitelli SpA, Via IV
(202) 205–2000. Hearing impaired Novembre, 2, 40061 Minerbio BO, Certain Magnetic Tape Cartridges and
individuals are advised that information Italy Components Thereof; Notice of
on this matter can be obtained by Caterpillar Prodotti Stradali S.r.L., Via Commission Decision Not To Review
contacting the Commission’s TDD IV Novembre, 2, 40061 Minerbio BO, an Initial Determination Granting
terminal on (202) 205–1810. Persons Italy Complainant’s Unopposed Motion To
with mobility impairments who will Caterpillar Americas CV, 76 Route de
Amend the Complaint and Notice of
need special assistance in gaining access Frontenex Boite Postale 6000, 1211
Investigation
to the Commission should contact the Geneva, Switzerland
Office of the Secretary at (202) 205– Caterpillar Paving Products, Inc., 9401 AGENCY: U.S. International Trade
2000. General information concerning 85th Avenue North, Minneapolis, MN Commission.
the Commission may also be obtained 55445 ACTION: Notice.
by accessing its internet server at Caterpillar Inc., 100 NE Adams Street,
Peoria, IL 61629 SUMMARY: Notice is hereby given that
https://www.usitc.gov. The public the U.S. International Trade
record for this investigation may be (c) The Office of Unfair Import
Investigations, U.S. International Trade Commission has determined not to
viewed on the Commission’s electronic review the presiding administrative law
docket (EDIS) at https://edis.usitc.gov. Commission, 500 E Street SW., Suite
401, Washington, DC 20436; and judge’s (‘‘ALJ’’) initial determination
FOR FURTHER INFORMATION CONTACT: (‘‘ID’’) (Order No. 16) granting
(3) For the investigation so instituted,
Pathenia M. Proctor, The Office of the Chief Administrative Law Judge, complainant’s unopposed motion for
Unfair Import Investigations, U.S. U.S. International Trade Commission, leave to amend the complaint and
International Trade Commission, shall designate the presiding notice of investigation to reflect a
telephone (202) 205–2560. Administrative Law Judge. corporate reorganization of complainant
SUPPLEMENTARY INFORMATION: Responses to the complaint and the Sony Storage Media and Devices
sradovich on DSK3GMQ082PROD with NOTICES
Authority: The authority for notice of investigation must be Corporation.
institution of this investigation is submitted by the named respondents in FOR FURTHER INFORMATION CONTACT:
contained in section 337 of the Tariff accordance with section 210.13 of the Megan M. Valentine, Office of the
Act of 1930, as amended, 19 U.S.C. 1337 Commission’s Rules of Practice and General Counsel, U.S. International
and in section 210.10 of the Procedure, 19 CFR 210.13. Pursuant to Trade Commission, 500 E Street SW.,
Commission’s Rules of Practice and 19 CFR 201.16(e) and 210.13(a), such Washington, DC 20436, telephone (202)
Procedure, 19 CFR 210.10 (2017). responses will be considered by the 708–2301. Copies of non-confidential
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Document Created: 2018-10-24 12:42:29
Document Modified: 2018-10-24 12:42:29
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560. | |
| FR Citation | 82 FR 40595 |
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