82 FR 56269 - Notice of Lodging of Proposed Stipulation and Order Under the Comprehensive Environmental Response, Compensation, and Liability Act

DEPARTMENT OF JUSTICE

Federal Register Volume 82, Issue 227 (November 28, 2017)

Page Range		56269-56270
FR Document		2017-25636

Federal Register, Volume 82 Issue 227 (Tuesday, November 28, 2017)

[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Notices]
[Pages 56269-56270]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25636]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Stipulation and Order Under the 
Comprehensive Environmental Response, Compensation, and Liability Act

    On November 20, 2017, the Department of Justice lodged a proposed 
Stipulation and Order with the United States Bankruptcy Court for the 
Southern District of New York in the bankruptcy proceedings entitled In 
re

[[Page 56270]]

Hawker Beechcraft, Inc., et al., No. 12-11873 (SMB) (lead case).
    The United States filed a proof of claim in the Chapter 11 
bankruptcy case of Hawker Beechcraft Corporation, seeking, inter alia, 
the recovery of past costs under the Comprehensive Environmental 
Response, Compensation and Liability Act, 42 U.S.C. 9601-9675 
(``CERCLA''), incurred by the United States responding to contamination 
at the Tri-County Public Airport site (``TCPA Site'') in Morris County, 
Kansas. Under the proposed Stipulation and Order, Hawker Beechcraft 
Corporation and related and successor entities (the ``Hawker Parties'') 
agree that the United States will have an allowed general unsecured 
claim of $738,336.62 for response costs incurred prior to the petition 
date, to be paid at the rate provided in the confirmed Chapter 11 plan 
of reorganization, and further agree that any claim for costs incurred 
on or after the petition date at the TCPA Site and three other Kansas 
sites (the Raytheon Aircraft Company Main Facility in Wichita, Kansas; 
Hangar 1 at Newton City-County Municipal Airport near Newton, Kansas; 
and Liberal Mid-America Regional Airport in Liberal, Kansas) is not 
discharged or impaired. Additionally, the Hawker Parties agree that 
they will comply with CERCLA administrative orders relating to the TCPA 
Site. In return, the United States covenants not to sue the Hawker 
Parties under CERCLA for any pre-petition response costs at the four 
sites.
    The publication of this notice opens a period for public comment on 
the Stipulation and Order. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to In re Hawker Beechcraft, Inc., D.J. Ref. No. 90-11-
3-10751. 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............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the Stipulation and Order may be 
examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the Stipulation and Order 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 $6.00 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Susan M. Akers,
Assistant Section Chief, Environment and Natural Resources Division.
[FR Doc. 2017-25636 Filed 11-27-17; 8:45 am]
 BILLING CODE 4410-15-P

Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Notices 56269

section X of Respondents’ Petition for Final ID with modifications in part, of, or are imported by or on behalf of
Review). reverse the Final ID in part, vacate the Comcast or any of its affiliated
(5) The issue of whether Comcast’s two Final ID in part, and take no position as companies, parents, subsidiaries, agents,
alternative designs infringe the ’263 and ’413 to certain issues under review. More or other related business entities, or
patents (Issue 4 in Respondents’ Petition for
Review).
particularly, the Commission affirms the their successors or assigns; and (2)
(6) The Final ID’s claim construction of Final ID’s determination that Comcast CDOs that, subject to certain exceptions
‘‘cancel a function of the second tuner to imports the accused X1 set-top boxes provided therein, prohibit Comcast from
permit the second tuner to perform the (‘‘STBs’’), and takes no position as to conducting any of the following
requested tuning operation’’ in the ’512 whether Comcast is an importer of the activities in the United States:
patent, and the Final ID’s infringement Legacy STBs. The Commission also importing, selling, offering for sale,
determinations as to that patent (Issue 26 in takes no position on as to whether leasing, offering for lease, renting,
Respondents’ Petition for Review). Comcast sells the accused products after offering for rent, marketing, advertising,
(7) The Final ID’s conclusion that the importation. distributing, transferring (except for
asserted claims of the ’512 patent are invalid The Commission concludes that there
as obvious (the issue discussed in section
exportation), and soliciting U.S. agents
is no section 337 violation as to the or distributors for imported covered
VI.B.4 of Rovi’s Petition for Review).
(8) The issue of whether the ARRIS-Rovi
Legacy STBs. Regarding the X1 STBs, products; and aiding or abetting other
Agreement provides a defense to the the Commission affirms the Final ID’s entities in the importation, sale for
allegations against the ARRIS respondents conclusion that Comcast’s customers importation, sale after importation, lease
(the issue discussed in section XI of directly infringe the ’263 and ’413 after importation, rent after importation,
Respondents’ Petition for Review). patents. Thus, the Commission affirms transfer, or distribution of covered
(9) The Final ID’s conclusion that Rovi did the Final ID’s conclusion that products.
not establish the economic prong of the complainant Rovi has established a The Commission has also determined
domestic industry requirement based on violation by Comcast as to those patents
patent licensing (the issue discussed in
that the public interest factors
and the X1 STBs. enumerated in section 337(d) and (f) (19
section IV of Rovi’s Petition for Review). The Commission also takes the U.S.C. 1337(d) and (f)) do not preclude
Id. at 38935. The Commission following actions. The Commission issuance of the LEO or CDOs. Finally,
determined to not review the remainder vacates the Final ID’s conclusion that the Commission has determined that the
of the Final ID. Id. The Commission Comcast’s two alternative designs excluded digital video receivers and
additionally concluded that infringe the ’263 and ’413 patents and hardware and software components
Respondents’ petition of certain issues instead concludes that those designs are thereof may be imported and sold in the
decided in the Final ID was improper, too hypothetical to adjudicate at this United States during the period of
and therefore, those assignments of error time. The Commission modifies and Presidential review with the posting of
were waived. Id. In the Notice of affirms the Final ID’s claim construction a bond in the amount of zero percent of
Review, the Commission also granted of the claim term ‘‘cancel a function of the entered value of the infringing goods
the motion to correct the corporate the second tuner to permit the second (i.e., no bond). The Commission’s orders
names of two of the respondents and tuner to perform the requested tuning
and opinion were delivered to the
determined to reopen the evidentiary operation’’ in the ’512 patent and
President and to the United States Trade
record and accept the supplemental affirms the Final ID’s infringement
Representative on the day of their
disclosure, response thereto, and reply determinations as to that patent. The
issuance.
to the response. Id. at 38934–35. The Commission modifies and affirms the
The authority for the Commission’s
Commission requested briefing on some Final ID’s conclusion that the asserted
determination is contained in section
of the issues under review and also on claims of the ’512 patent are invalid as
337 of the Tariff Act of 1930, as
remedy, the public interest, and obvious. The Commission takes no
amended (19 U.S.C. 1337), and in Part
bonding. Id. at 38935–36. position as to whether the ARRIS-Rovi
On August 23, 2017, Respondents 210 of the Commission’s Rules of
Agreement provides a defense to the
filed a Petition for Reconsideration of Practice and Procedure (19 CFR part
allegations against ARRIS, and as to
the Commission’s Determination of 210).
whether Rovi established the economic
Waiver as to Certain Issues Specified in prong of the domestic industry By order of the Commission.
Respondents’ Petition for Review or, requirement based on patent licensing. Issued: November 21, 2017.
Alternatively, Application of Waiver to The Commission adopts the remainder Katherine M. Hiner,
Issues Raised in Rovi’s Petition for of the Final ID to the extent that it does Supervisory Attorney.
Review. On August 30, 2017, Rovi filed not conflict with the Commission’s [FR Doc. 2017–25625 Filed 11–27–17; 8:45 am]
a response thereto. The Commission has opinion or to the extent it is not BILLING CODE 7020–02–P
determined to deny that petition. expressly addressed in the
On August 24, 2017, Rovi and Commission’s opinion.
Respondents filed their written Having found a violation of section
337 in this investigation by Comcast DEPARTMENT OF JUSTICE
submissions on the issues under review
and on remedy, public interest, and with respect to the ’263 and ’413 Notice of Lodging of Proposed
bonding, and on August 31, 2017, the patents, the Commission has Stipulation and Order Under the
parties filed their reply submissions. determined that the appropriate form of Comprehensive Environmental
Having examined the record in this relief is (1) a LEO, that subject to certain Response, Compensation, and Liability
investigation, the Commission has exceptions provided therein, prohibits
ethrower on DSK3G9T082PROD with NOTICES

Act
determined to affirm the Final ID’s the unlicensed entry of certain digital
conclusion that Comcast has violated video receivers and hardware and On November 20, 2017, the
section 337 in connection with the software components thereof that Department of Justice lodged a proposed
asserted claims of the ’263 and ’413 infringe one or more of claims 1, 2, 14, Stipulation and Order with the United
patents. and 17 of the ’263 patent and claims 1, States Bankruptcy Court for the
The Commission has determined to 3, 5, 9, 10, 14, and 18 of the ’413 patent Southern District of New York in the
affirm the Final ID in part, affirm the that are manufactured by, or on behalf bankruptcy proceedings entitled In re

VerDate Sep<11>2014 19:51 Nov 27, 2017 Jkt 244001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\28NON1.SGM 28NON1

Document Created: 2017-11-28 01:51:01
Document Modified: 2017-11-28 01:51:01

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
FR Citation		82 FR 56269