Notice of Lodging Proposed Consent Decrees, 67162-67163 [06-9278]

Download as PDF 67162 Federal Register / Vol. 71, No. 223 / Monday, November 20, 2006 / Notices Commission should reach in the review. Comments are due on or before December 1, 2006 and may not contain new factual information. Any person that is neither a party to the five-year review nor an interested party may submit a brief written statement (which shall not contain any new factual information) pertinent to the review by December 1, 2006. However, should the Department of Commerce extend the time limit for its completion of the final results of its review, the deadline for comments (which may not contain new factual information) on Commerce’s final results is three business days after the issuance of Commerce’s results. If comments contain business proprietary information (BPI), they must conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission’s rules, as amended, 67 FR 68036 (November 8, 2002). Even where electronic filing of a document is permitted, certain documents must also be filed in paper form, as specified in II (C) of the Commission’s Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November 8, 2002). In accordance with §§ 201.16(c) and 207.3 of the rules, each document filed by a party to the review must be served on all other parties to the review (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.62 of the Commission’s rules. By order of the Commission. Issued: November 15, 2006. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6–19542 Filed 11–17–06; 8:45 am] BILLING CODE 7020–02–P sroberts on PROD1PC70 with NOTICES DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act Notice is hereby given that on November 3, 2006, a proposed Consent Decree in United States v. Honeywell International, Inc., et al., Civil Action No. 06–00387–MCE–JFM, was lodged VerDate Aug<31>2005 17:10 Nov 17, 2006 Jkt 211001 with the United States District Court for the Eastern District of California. In this action the United States sought reimbursement of response costs, pursuant to Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9607(a), from Honeywell International, Inc. (Honeywell) and others, incurred or to be incurred by EPA, for response actions taken at or in connection with the release or threatened release of hazardous substances at the Central Eureka Mine Superfund Site in Amador County, California. The Consent Decree will settle claims against defendant Honeywell. Pursuant to the Consent Decree, Honeywell will pay the sum of $2,000,000 for past response costs incurred at the Site, in addition to the approximately $3 million Honeywell had previously spent responding to releases at the Site. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United States v. Honeywell International, Inc., et al., D.J. Ref. 90–11–3–1692/1. The Consent Decree may be examined at the Office of the United States Attorney, Eastern District of California, 501 I Street, Sacramento, California 95814, and at U.S. EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105. During the public comment period, the Consent Decree, may also be examined on the following Department of Justice Web site, https:// www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the Consent Decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611 or by faxing or e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514–0097, phone confirmation number (202) 514–1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $5.25 (25 cents per page reproduction cost) payable to the U.S. Treasury or, if by email or fax, forward a check in that amount to the PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 Consent Decree Library at the stated address. Henry Friedman, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 06–9276 Filed 11–17–06; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging Proposed Consent Decrees In accordance with Departmental Policy, 28 CFR 50.7, notice is hereby given that two proposed consent decrees in United States v. Pala Band of Mission Indians, et al., (S.D. Cal.), 06–cv–2323– H (NLS), were lodged with the United States District Court for the Southern District of California on November 2, 2006. These proposed consent decrees concern a complaint filed by the United States against the Pala Band of Mission Indians, Brown Bulk Transportation Co., Valley Material and Supply, Inc., and James A. Brown pursuant to section 309(b) and (d) of the Clean Water Act, 33 U.S.C. 1319(b) and (d), to obtain injunctive relief from and impose civil penalties against the Defendants for violating the Clean Water Act by discharging pollutants without a permit into waters of the United States. One proposed consent decree resolves the United States’ allegations against the Pala Band of Mission Indians by requiring the Tribe to pay a civil penalty and to mitigate the environmental impacts by making a contribution to the Nature Conservancy. The second proposed consent decree resolves the United States’ claims against Brown Bulk Transportation Co., Valley Material and Supply, Inc., and James A. Brown by requiring these Defendants to pay a civil penalty. The Department of Justice will accept written comments relating to these proposed Consent decrees for thirty (30) days from the date of publication of this Notice. Please address comments to Pamela S. Tonglao, United States Department of Justice, Environment and Natural Resources Division, P.O. Box 23986, Washington, DC 20026–3986 and refer to United States v. Pala Band of Mission Indians, et al., (S.D. Cal.), 06– CV–2323–H (NLS), DJ #90–5–1–1– 16816. E:\FR\FM\20NON1.SGM 20NON1 Federal Register / Vol. 71, No. 223 / Monday, November 20, 2006 / Notices The proposed consent decrees may be viewed at https://www.usdoj.gov/enrd/ open.html. Stephen Samuels, Assistant Chief, Environmental Defense Section, Environment & Natural Resources Division. [FR Doc. 06–9278 Filed 11–17–06; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF LABOR Office of the Secretary No Fear Act Notice AGENCY: ACTION: Office of the Secretary, Labor. Notice. SUMMARY: The U.S. Department of Labor (DOL) is providing notice to all of its employees, former employees, and applicants for employment about the rights and remedies that are available to them under Federal antidiscrimination and whistleblower protection laws. This notice fulfills DOL’s notification obligations under the Notification and Federal Employees Antidiscrimination and Retaliation Act (NO FEAR Act), as implemented by Office of Personnel Management (OPM) regulations. FOR FURTHER INFORMATION CONTACT: Annabelle T. Lockhart, Director, Civil Rights Center (CRC), Frances Perkins Building, 200 Constitution Ave., NW., Room N–4123, Washington, DC 20210, CivilRightsCenter@dol.gov, (202) 693– 6500 (VOICE) or (202) 693–6515, (800) 326–2577 (TTY/TDD). sroberts on PROD1PC70 with NOTICES No Fear Act Notice On May 15, 2002, Congress enacted the ‘‘Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002,’’ which is now known as the No FEAR Act. One purpose of the Act is to ‘‘require that Federal agencies be accountable for violations of antidiscrimination and whistleblower protection laws.’’ Public Law 107–174, Summary. In support of this purpose, Congress found that ‘‘agencies cannot be run effectively if those agencies practice or tolerate discrimination.’’ Public Law 107–174, Title I, General Provisions, section 101(1). The Act also requires this agency to provide this notice to Federal employees, former Federal employees and applicants for Federal employment to inform you of the rights and protections available to you under Federal antidiscrimination and whistleblower protection laws. VerDate Aug<31>2005 17:10 Nov 17, 2006 Jkt 211001 Antidiscrimination Laws A Federal agency cannot discriminate against an employee or applicant with respect to the terms, conditions or privileges of employment on the basis of race, color, religion, sex, national origin, age, disability, marital status, or political affiliation. Discrimination on these bases is prohibited by one or more of the following statutes: 5 U.S.C. 2302(b)(1), 29 U.S.C. 206(d), 29 U.S.C. 631, 29 U.S.C. 633a, 29 U.S.C. 791 and 42 U.S.C. 2000e–16. If you believe that you have been the victim of unlawful discrimination on the basis of race, color, religion, sex, national origin or disability, you must contact an Equal Employment Opportunity (EEO) counselor within 45 calendar days of the alleged discriminatory action, or, in the case of a personnel action, within 45 calendar days of the effective date of the action, before you can file a formal complaint of discrimination with your agency. See, e.g., 29 CFR part 1614. If you believe that you have been the victim of unlawful discrimination on the basis of age, you must either contact an EEO counselor as noted above or give notice of intent to sue to the Equal Employment Opportunity Commission (EEOC) within 180 calendar days of the alleged discriminatory action. If you are alleging discrimination based on marital status or political affiliation, you may file a written complaint with the U.S. Office of Special Counsel (OSC) (see contact information below). In the alternative (or in some cases, in addition), you may pursue a discrimination complaint by filing a complaint or grievance through your agency’s administrative or negotiated grievance procedures, if such procedures are available and apply. Whistleblower Protection Laws A Federal employee with authority to take, direct others to take, recommend or approve any personnel action must not use that authority to take or fail to take, or threaten to take or fail to take, a personnel action against an employee or applicant because of disclosure of information by that individual that is reasonably believed to evidence violations of law, rule or regulation; gross mismanagement; gross waste of funds; an abuse of authority; or a substantial and specific danger to public health or safety, unless disclosure of such information is specifically prohibited by law and such information is specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs. PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 67163 Retaliation against an employee or applicant for making a protected disclosure is prohibited by 5 U.S.C. 2302(b)(8). If you believe that you have been the victim of whistleblower retaliation, you may file a written complaint (Form OSC–11) with the U.S. Office of Special Counsel at 1730 M Street, NW., Suite 218, Washington, DC 20036–4505, or online through the OSC Web site, https://www.osc.gov. Retaliation for Engaging in Protected Activity A Federal agency cannot retaliate against an employee or applicant because that individual exercises his or her rights under any of the Federal antidiscrimination or whistleblower protection laws listed above. If you believe that you are the victim of retaliation for engaging in protected activity, you must follow, as appropriate, the procedures described in the Antidiscrimination Laws and Whistleblower Protection Laws sections of this Notice, or, if applicable, the administrative or negotiated grievance procedures, in order to pursue any legal remedy. Disciplinary Actions Under the existing laws, each agency retains the right, where appropriate, to discipline a Federal employee for discriminatory or retaliatory conduct, or other conduct that is inconsistent with Federal antidiscrimination, whistleblower protection, and retaliation laws. Possible disciplinary actions range up to and include removal. If OSC has initiated an investigation under 5 U.S.C. 1214, however, according to 5 U.S.C. 1214(f), agencies must seek approval from the Special Counsel to discipline employees for, among other activities, engaging in prohibited retaliation. Nothing in the No FEAR Act alters existing laws or permits an agency to take unfounded disciplinary action against a Federal employee or to violate the procedural rights of a Federal employee who has been accused of discrimination. Additional Information For further information regarding the No FEAR Act regulations, refer to 5 CFR part 724, or you may contact DOL’s Civil Rights Center: U.S. Department of Labor, Office of the Assistant Secretary for Administration and Management, Civil Rights Center, Room N–4123, 200 Constitution Ave., NW., Washington, DC 20210, 202/ 693–6500 (voice), 202/693–6516 (TTY), https://www.dol.gov/oasam/ programs/crc/crcwelcome.htm, civilrightscenter@dol.gov. E:\FR\FM\20NON1.SGM 20NON1

Agencies

Department of Justice

[Federal Register Volume 71, Number 223 (Monday, November 20, 2006)]
[Notices]
[Pages 67162-67163]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-9278]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging Proposed Consent Decrees

    In accordance with Departmental Policy, 28 CFR 50.7, notice is 
hereby given that two proposed consent decrees in United States v. Pala 
Band of Mission Indians, et al., (S.D. Cal.), 06-cv-2323-H (NLS), were 
lodged with the United States District Court for the Southern District 
of California on November 2, 2006.
    These proposed consent decrees concern a complaint filed by the 
United States against the Pala Band of Mission Indians, Brown Bulk 
Transportation Co., Valley Material and Supply, Inc., and James A. 
Brown pursuant to section 309(b) and (d) of the Clean Water Act, 33 
U.S.C. 1319(b) and (d), to obtain injunctive relief from and impose 
civil penalties against the Defendants for violating the Clean Water 
Act by discharging pollutants without a permit into waters of the 
United States. One proposed consent decree resolves the United States' 
allegations against the Pala Band of Mission Indians by requiring the 
Tribe to pay a civil penalty and to mitigate the environmental impacts 
by making a contribution to the Nature Conservancy. The second proposed 
consent decree resolves the United States' claims against Brown Bulk 
Transportation Co., Valley Material and Supply, Inc., and James A. 
Brown by requiring these Defendants to pay a civil penalty.
    The Department of Justice will accept written comments relating to 
these proposed Consent decrees for thirty (30) days from the date of 
publication of this Notice. Please address comments to Pamela S. 
Tonglao, United States Department of Justice, Environment and Natural 
Resources Division, P.O. Box 23986, Washington, DC 20026-3986 and refer 
to United States v. Pala Band of Mission Indians, et al., (S.D. Cal.), 
06-CV-2323-H (NLS), DJ 90-5-1-1-16816.

[[Page 67163]]

    The proposed consent decrees may be viewed at https://www.usdoj.gov/
enrd/open.html.

Stephen Samuels,
Assistant Chief, Environmental Defense Section, Environment & Natural 
Resources Division.
[FR Doc. 06-9278 Filed 11-17-06; 8:45 am]
BILLING CODE 4410-15-M

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.