82 FR 9076 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

DEPARTMENT OF JUSTICE

Federal Register Volume 82, Issue 21 (February 2, 2017)

Page Range		9076-9076
FR Document		2017-02241

Federal Register, Volume 82 Issue 21 (Thursday, February 2, 2017)

[Federal Register Volume 82, Number 21 (Thursday, February 2, 2017)]
[Notices]
[Page 9076]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02241]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean 
Water Act

    On January 30, 2017, a proposed Consent Decree in United States of 
America v. EMD Millipore Corporation, Civil Action No. 1:17-cv-34, was 
filed with the United States District Court for New Hampshire.
    The proposed Consent Decree between the parties resolves the United 
States' claims that EMD Millipore violated the Clean Water Act and 
permits it holds under the Act at EMD Millipore's manufacturing 
facility in Jaffrey, New Hampshire. The proposed Consent Decree 
requires EMD Millipore to undertake work at its facility to comply with 
the Act and the permits it holds and to pay a $385,000 civil penalty.
    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. EMD Millipore 
Corporation, Civil Action No. 1:17-cv-34, D.J. Ref. 90-5-1-1-11441. 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:

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         To submit comments:                     Send them to:
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By email............................  pubcomment-ees.enrd@usdoj.gov.
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    During the public comment period, the proposed Consent Decree may 
be examined and downloaded at this Justice Department Web site: 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 $11.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Robert E. Maher Jr.,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2017-02241 Filed 2-1-17; 8:45 am]
 BILLING CODE 4410-15-P

9076 Federal Register / Vol. 82, No. 21 / Thursday, February 2, 2017 / Notices

those patents. Order No. 8 (Mar. 10, Robert Bosch Tool Corp. cease and holds and to pay a $385,000 civil
2016), not reviewed, Notice (Apr. 4, desist from importing, selling, penalty.
2016); Order No. 13 (May 3, 2016), not marketing, advertising, distributing, The publication of this notice opens
reviewed, Notice (May 23, 2016). offering for sale, transferring (except for a period for public comment on the
On January 27, 2016, SawStop moved exportation), or soliciting U.S. agents or proposed Consent Decree. Comments
for a summary determination that it distributors of imported table saws should be addressed to the Assistant
satisfied the economic prong of the incorporating active injury mitigation Attorney General, Environment and
domestic industry requirement. On technology and components thereof that Natural Resources Division, and should
February 8, 2016, Bosch indicated that infringe claims 8 and 12 of U.S. Patent refer to: United States of America v.
it did not oppose the motion. On March the ’927 patent and claims 1, 6, 16, and EMD Millipore Corporation, Civil Action
22, 2016, the ALJ granted the 17 of the ’279 patent. The Commission No. 1:17–cv–34, D.J. Ref. 90–5–1–1–
unopposed motion and determined that has determined that the public interest 11441. All comments must be submitted
SawStop satisfied the economic prong factors enumerated in section 337(d) no later than thirty (30) days after the
of the domestic industry requirement. and (f), 19 U.S.C. 1337(d) and (f), do not publication date of this notice.
Order No. 10 (Mar. 22, 2016), not preclude the issuance of the limited Comments may be submitted either by
reviewed, Notice (Apr. 21, 2016). exclusion order or cease and desist email or by mail:
On September 9, 2016, the ALJ issued order. The Commission has determined
his final initial determination finding a that bonding at zero percent of entered To submit Send them to:
violation of section 337 with respect to comments:
value is required during the period of
the ’927 and ’279 patents, and no Presidential review, 19 U.S.C. 1337(j). By email ....... pubcomment-ees.enrd@
violation of section 337 with respect to Commissioner Kieff dissents as to the usdoj.gov.
the ’712 and ’455 patents. Specifically, bond determination, and writes By mail ......... Assistant Attorney General,
he found that Bosch did not directly or separately to explain his views both U.S. DOJ—ENRD, P.O.
contributorily infringe the ’712 and ’455 concerning the basis for issuing the Box 7611, Washington, DC
patents, but found that Bosch’s REAXX cease and desist order and for making 20044–7611.
table saw directly infringed the ’927 and the bond determination. The
’279 patents and that Bosch’s activation investigation is terminated. During the public comment period,
cartridges contributorily infringed the The Commission’s order and opinion the proposed Consent Decree may be
’927 and ’279 patents. He also found were delivered to the President and the examined and downloaded at this
that Bosch had failed to show that any United States Trade Representative on Justice Department Web site: http://
of the patent claims were invalid, and the day of their issuance. www.justice.gov/enrd/consent-decrees.
that SawStop satisfied the domestic The authority for the Commission’s We will provide a paper copy of the
industry requirement with respect to all determination is contained in section proposed Consent Decree upon written
four patents. Based on these findings, on 337 of the Tariff Act of 1930, as request and payment of reproduction
September 20, 2016, the ALJ amended (19 U.S.C. 1337), and in part costs. Please mail your request and
recommended that a limited exclusion 210 of the Commission’s Rules of payment to: Consent Decree Library,
order issue against Bosch’s infringing Practice and Procedure (19 CFR part U.S. DOJ—ENRD, P.O. Box 7611,
products, that a cease and desist order Washington, DC 20044–7611.
210).
issue against Robert Bosch Tool Please enclose a check or money order
Corporation, and that the bond during By order of the Commission. for $11.75 (25 cents per page
the period of Presidential review be set Issued: January 27, 2017. reproduction cost) payable to the United
at zero percent. He also recommended Lisa R. Barton, States Treasury.
that the scope of the exclusion order Secretary to the Commission.
Robert E. Maher Jr.,
and cease and desist order specifically [FR Doc. 2017–02178 Filed 2–1–17; 8:45 am]
cover the contributorily infringing Assistant Chief, Environmental Enforcement
BILLING CODE 7020–02–P Section, Environment and Natural Resources
activation cartridges.
Division.
On September 26, 2016, SawStop and
Bosch each petitioned for review of the [FR Doc. 2017–02241 Filed 2–1–17; 8:45 am]
DEPARTMENT OF JUSTICE BILLING CODE 4410–15–P
ID. On October 4, 2016, the parties
opposed each other’s petitions. On Notice of Lodging of Proposed
November 10, 2016, the Commission Consent Decree Under the Clean Water
determined not to review the ID, and DEPARTMENT OF JUSTICE
Act
requested briefing from the parties and Notice of Extension to Public
the public on the issues of remedy, the On January 30, 2017, a proposed Comment Period for Consent Decree
public interest, and bonding. The Consent Decree in United States of Under the Clean Air Act
Commission received responsive America v. EMD Millipore Corporation,
submissions from SawStop, Bosch, and Civil Action No. 1:17–cv–34, was filed On December 20, 2016, the
the PowerTool Institute, Inc. on with the United States District Court for Department of Justice lodged a proposed
November 22, 2016, and reply New Hampshire. Second Partial Consent Decree with the
submissions from SawStop and Bosch The proposed Consent Decree United States District Court for the
on December 2, 2016. between the parties resolves the United Northern District of California in the
The Commission has determined that States’ claims that EMD Millipore lawsuit entitled In re: Volkswagen
mstockstill on DSK3G9T082PROD with NOTICES

the appropriate remedy is a limited violated the Clean Water Act and ‘‘Clean Diesel’’ Marketing, Sales
exclusion order prohibiting the entry of permits it holds under the Act at EMD Practices, and Products Liability
table saws incorporating active injury Millipore’s manufacturing facility in Litigation, Case No: MDL No. 2672 CRB
mitigation technology and components Jaffrey, New Hampshire. The proposed (JSC). This Second Partial Consent
thereof that infringe claims 8 and 12 of Consent Decree requires EMD Millipore Decree (‘‘Decree’’) is entered into
the ’927 patent and claims 1, 6, 16, and to undertake work at its facility to between the United States, California,
17 of the ’279 patent, and an order that comply with the Act and the permits it and all defendants (collectively,

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Document Created: 2017-02-02 00:55:31
Document Modified: 2017-02-02 00:55:31

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 9076