Commission Decision To Institute a Rescission Proceeding; Permanent Rescission of a Limited Exclusion Order and Cease and Desist Orders; Termination of the Rescission Proceeding; Certain Lithium Ion Batteries, Battery Cells, Battery Modules, Battery Packs, Components Thereof, and Processes Therefor

CourtInternational Trade Commission
Citation86 FR 33737
Record Number2021-13574
SectionNotices
Published date25 June 2021
33737
Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices
Yavapai County, AZ. The 17
unassociated funerary objects are 13
bowls, one pendent, one cup, one
necklace, and one awl.
Between 1933–1934, 7,171 cultural
items were removed from Tuzigoot
Pueblo in Yavapai County, AZ. The
7,171 unassociated funerary objects are
one bow, two basketry fragments, one
spindle whorl, two axes, one crystal,
one prayer stick, 19 dendrochronology
samples, 13 jars, 84 bowls, four
miniature bowls, four pitchers, four
ladles, one miniature jar, 6,969 beads,
12 pendants, 19 bracelets, three
unworked shells, eight projectile points,
six necklaces, five rings, four worked
shells, one worked sherd, two worked
bones, two drills, two unworked bones,
and one pigment.
Between 1933–1934, 896 cultural
items were removed from Tuzigoot
Extension Pueblo in Yavapai County,
AZ. The 896 unassociated funerary
objects are 19 bowls, one jar, one
miniature jar, one ladle, one whistle,
one bracelet, one ring, 844 beads, six
pendants, 14 projectile points, one
crystal, two ground stone artifacts, two
knives, and two drills.
Tuzigoot Pueblo is a large pueblo with
more than 100 rooms, which is
classified by archeologists as Southern
Sinagua, Honanki and Tuzigoot phases.
Occupation dates range from A.D. 1125–
1425. Tuzigoot Extension Pueblo and
Hatalacva Pueblo are multi-room
pueblos near Tuzigoot National
Monument, also classified as Southern
Sinagua, Honanki, and Tuzigoot phases.
The Hopi Tribe of Arizona considers
all of Arizona to be within traditional
Hopi lands or within areas where Hopi
clans migrated in the past. Evidence
demonstrating continuity between the
people that lived at Tuzigoot, Tuzigoot
Extension, and Hatalacva and the Hopi
Tribe of Arizona includes archeological,
anthropological, linguistic, folkloric,
and oral traditions. Ceramic vessels
made only on the Hopi mesas as well as
coiled basketry demonstrate continuity
between Tuzigoot Pueblo, Tuzigoot
Extension Pueblo, and Hatalacva
Pueblo, and the Hopi people. During
consultation, Hopi clan members also
identified ancestral names and
traditional stories about specific events
and ancestral people in the Verde
Valley.
Determinations Made by the U.S.
Department of the Interior, National
Park Service, Tuzigoot National
Monument
Officials of the U.S. Department of the
Interior, National Park Service, Tuzigoot
National Monument have determined
that:
Pursuant to 25 U.S.C. 3001(3)(B),
the 8,084 cultural items described above
are reasonably believed to have been
placed with or near individual human
remains at the time of death or later as
part of the death rite or ceremony and
are believed, by a preponderance of the
evidence, to have been removed from a
specific burial site of a Native American
individual.
Pursuant to 25 U.S.C. 3001(2), there
is a relationship of shared group
identity that can be reasonably traced
between the 8,084 unassociated
funerary objects and the Hopi Tribe of
Arizona.
Additional Requestors and Disposition
Lineal descendants or representatives
of any Indian Tribe or Native Hawaiian
organization not identified in this notice
that wish to claim these cultural items
should submit a written request with
information in support of the claim to
Lloyd Masayumptewa, Acting
Superintendent, Tuzigoot National
Monument, P.O. Box 219, Camp Verde,
AZ 86322, telephone (928) 567–5276,
email Lloyd_Masayumptewa@nps.gov,
by July 26, 2021. After that date, if no
additional claimants have come
forward, transfer of control of the
unassociated funerary objects to the
Hopi Tribe of Arizona may proceed.
The U.S. Department of the Interior,
National Park Service, Tuzigoot
National Monument is responsible for
notifying the Ak-Chin Indian
Community [previously listed as the Ak
Chin Indian Community of the
Maricopa (Ak Chin) Indian Reservation,
Arizona]; Fort McDowell Yavapai
Nation, Arizona; Gila River Indian
Community of the Gila River Indian
Reservation, Arizona; Hopi Tribe of
Arizona; Salt River Pima-Maricopa
Indian Community of the Salt River
Reservation, Arizona; Tohono O’odham
Nation of Arizona; Yavapai-Apache
Nation of the Camp Verde Indian
Reservation, Arizona; Yavapai-Prescott
Indian Tribe [previously listed as
Yavapai-Prescott Tribe of the Yavapai
Reservation, Arizona]; and the Zuni
Tribe of the Zuni Reservation, New
Mexico that this notice has been
published.
Dated: June 9, 2021.
Melanie O’Brien,
Manager, National NAGPRA Program.
[FR Doc. 2021–13509 Filed 6–24–21; 8:45 am]
BILLING CODE 4312–52–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1159
(Rescission)]
Commission Decision To Institute a
Rescission Proceeding; Permanent
Rescission of a Limited Exclusion
Order and Cease and Desist Orders;
Termination of the Rescission
Proceeding; Certain Lithium Ion
Batteries, Battery Cells, Battery
Modules, Battery Packs, Components
Thereof, and Processes Therefor
AGENCY
: U.S. International Trade
Commission.
ACTION
: Notice.
SUMMARY
: Notice is hereby given that
the U.S. International Trade
Commission has determined to institute
a proceeding to determine whether to
permanently rescind the Commission’s
limited exclusion order (‘‘LEO’’) and
cease and desist orders (‘‘CDOs’’) issued
on February 10, 2021. The Commission
has determined to permanently rescind
the LEO and CDOs. The rescission
proceeding is terminated.
FOR FURTHER INFORMATION CONTACT
:
Sidney A. Rosenzweig, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–2532. Copies of non-confidential
documents filed in connection with this
investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. General
information concerning the Commission
may also be obtained by accessing its
internet server at https://www.usitc.gov.
Hearing-impaired persons are advised
that information on this matter can be
obtained by contacting the
Commission’s TDD terminal on (202)
205–1810.
SUPPLEMENTARY INFORMATION
: The
Commission instituted this investigation
on June 4, 2019, based on a complaint
filed on behalf of LG Chem, Ltd. of
Seoul, Republic of Korea and LG Chem
Michigan, Inc. of Holland, Michigan. 84
FR 25858 (June 4, 2019). As a result of
a corporate reorganization, the
complainants are now LG Chem, Ltd. of
Seoul, Republic of Korea, LG Energy
Solution, Ltd. of Seoul, Republic of
Korea, and LG Energy Solution
Michigan, Inc. (collectively,
‘‘complainants’’ or ‘‘LG’’). The
complaint, as supplemented, alleges
violations of section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, in the importation and sale of
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33738
Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices
1
The record is defined in §207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
certain lithium ion batteries, battery
cells, battery modules, battery packs,
components thereof, and processes
therefor by reason of misappropriation
of trade secrets, the threat or effect of
which is to destroy or substantially
injure an industry in the United States,
under subsection (a)(1)(A) of section
337. The complaint, as supplemented,
names SK Innovation Co., Ltd. of Seoul,
Republic of Korea and SK Battery
America, Inc. of Atlanta, Georgia as the
respondents (collectively,
‘‘respondents’’ or ‘‘SK’’). The Office of
Unfair Import Investigations (‘‘OUII’’)
was also named as a party in this
investigation.
On February 14, 2020, the
administrative law judge issued an
initial determination (‘‘ID’’) (Order No.
34) finding that the respondents
spoliated evidence, and that the
appropriate remedy is to find the
respondents in default.
On April 17, 2020, the Commission
determined to review the ID in its
entirety. 85 FR 22,753 (Apr. 23, 2020)
(‘‘Notice of Review’’). The Notice of
Review requested that the parties brief
certain issues and sought briefing from
the parties, interested government
agencies, and any other interested
parties on remedy, the public interest,
and bonding.
On February 10, 2021, the
Commission affirmed the ID’s finding of
default, thus finding a violation of
section 337. The Commission issued an
LEO and two CDOs, all of which were
tailored to accommodate public interest
considerations raised by the parties to
the investigation and by non-parties.
On May 24, 2021, SK filed a petition
to rescind the LEO and CDOs on the
basis of settlement. LG did not oppose
the petition, and on June 3, 2021, OUII
filed a response in support of the
petition. Also, on June 3, 2021, SK filed
a supplemental submission that
provided a modified public version of
the settlement agreement.
The Commission has determined that
the petition, as supplemented, complies
with Commission rules, see 19 CFR
210.76(a)(3), and that there are no
extraordinary reasons to deny rescission
of the remedial orders. Accordingly, the
Commission has determined to institute
a rescission proceeding and to
permanently rescind the LEO and the
CDOs. The rescission proceeding is
hereby terminated.
The Commission’s vote on this
determination took place on June 21,
2021. The LEO and CDOs are
permanently rescinded.
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 22, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–13574 Filed 6–24–21; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 731–TA–753, 754, and
756 (Fourth Review)]
Cut-to-Length Carbon Steel Plate From
China, Russia, and Ukraine
Determinations
On the basis of the record
1
developed
in the subject five-year reviews, the
United States International Trade
Commission (‘‘Commission’’)
determines, pursuant to the Tariff Act of
1930 (‘‘the Act’’), that revocation of the
antidumping duty order on cut-to-length
carbon steel plate from China and the
termination of the suspended
investigations on cut-to-length carbon
steel plate from Russia and Ukraine
would be likely to lead to continuation
or recurrence of material injury to an
industry in the United States within a
reasonably foreseeable time.
Background
The Commission instituted these
reviews on November 2, 2020 (85 FR
69362) and determined on February 5,
2021 that it would conduct expedited
reviews (86 FR 26067, May 12, 2021).
The Commission made these
determinations pursuant to section
751(c) of the Act (19 U.S.C. 1675(c)). It
completed and filed its determinations
in these reviews on June 21, 2021. The
views of the Commission are contained
in USITC Publication 5205 (June 2021),
entitled Cut-to-Length Carbon Steel
Plate from China, Russia, and Ukraine:
Investigation Nos. 731–TA–753, 754,
and 756 (Fourth Review).
By order of the Commission.
Issued: June 21, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–13523 Filed 6–24–21; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 19–18]
Robert Wayne Locklear, M.D.; Decision
and Order
I. Procedural History
On March 26, 2019, the Assistant
Administrator, Diversion Control
Division, Drug Enforcement
Administration (hereinafter, DEA or
Government), issued an Order to Show
Cause (hereinafter, OSC) to Robert
Wayne Locklear, M.D., (hereinafter,
Respondent) of Johnson City,
Tennessee. Administrative Law Judge
(hereinafter, ALJ) Exhibit (hereinafter,
ALJX) 1 (OSC), at 1. The OSC proposed
the denial of Respondent’s application
for a DEA Certificate of Registration,
Application Control No. W18124612C,
‘‘pursuant to 21 U.S.C. 824(a)(2) & (a)(5),
because [Respondent has] been
convicted of a felony related to
controlled substances and because [he
has] been excluded from participation
in a program pursuant to section 1320a–
7(a) of Title 42.’’ Id.
Specifically, the OSC alleged that, on
October 8, 2014, Judgment was entered
against Respondent in the United States
District Court for the Eastern District of
Tennessee (hereinafter, E.D. Tenn.)
‘‘after [Respondent] pled guilty to: one
count of ‘Conspiracy to Distribute a
Quantity of Cocaine Base,’ in violation
of 21 U.S.C. 846 & 841(b)(1)(C); and one
count of ‘Conspiracy to Defraud a
Health Care Benefit Program,’ in
violation of 18 U.S.C. 1347 & 1349.’’ Id.
at 2 (citing U.S. v. Robert Wayne
Locklear, No. 2:14–CR–38 (E.D. Tenn.
Oct. 8, 2014)). The OSC alleged that
Respondent’s conviction of a felony
related to controlled substances
warrants the denial of Respondent’s
application pursuant to 21 U.S.C.
824(a)(2).
The OSC further alleged that ‘‘based
on [such] conviction, the U.S.
Department of Health and Human
Services, Office of Inspector General
(‘HHS/OIG’) mandatorily excluded
[Respondent] from participation in
Medicare, Medicaid, and all Federal
health care programs pursuant to 42
U.S.C. 1320a–7(a).’’ Id. The OSC stated
that this exclusion took effect on June
18, 2015, and ‘‘runs for a period of ten
years,’’ and that such exclusion
‘‘warrants denial of [Respondent’s]
application for DEA registration
pursuant to 21 U.S.C. 824(a)(5).’’ Id.
The Order to Show Cause notified
Respondent of the right to request a
hearing on the allegations or to submit
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