Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act, 9359-9360 [07-907]

Download as PDF Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Notices Commission, 500 E Street, SW., Washington, DC 20436, telephone 202– 205–2000. General information concerning the Commission may also be obtained by accessing its Internet server (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. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on 202– 205–1810. The Commission instituted this investigation on June 2, 2003, based on a complaint filed by Energizer Holdings, Inc. and Eveready Battery Company, Inc. (collectively, ‘‘EBC’’), both of St. Louis, Missouri. 68 FR 32771 (June 2, 2003). The complaint, as supplemented, alleged violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain zero-mercury-added alkaline batteries, parts thereof, and products containing same by reason of infringement of claims 1–12 of U.S. Patent No. 5,464,709 (‘‘the ’709 patent’’). The complaint and notice of investigation named 26 respondents and were later amended to include an additional firm as a respondent. The investigation has been terminated as to claims 8–12 of the ’709 patent. Several respondents have been terminated from the investigation for various reasons. On October 1, 2004, the Commission issued notice in the original investigation that it had determined to terminate the investigation with a finding of no violation of section 337 on the basis that the asserted claims of the ’709 patent were invalid for indefiniteness. EBC appealed the Commission’s final determination to the U.S. Court of Appeals for the Federal Circuit (‘‘Federal Circuit’’). On January 25, 2006, the Federal Circuit issued its decision in the appeal, reversing the Commission’s final determination and remanding the investigation to the Commission. Energizer Holdings, Inc. v. International Trade Commission, 435 F.3d 1366 (Fed. Cir. 2006). The Federal Circuit issued its mandate on March 20, 2006. On April 14, 2006, the Commission issued an order directing all parties to the investigation to provide comments on how this investigation should proceed, including comments on whether and to what extent the investigation should be remanded to the ALJ. rmajette on PROD1PC67 with NOTICES SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 15:01 Feb 28, 2007 Jkt 211001 Having considered the record in this investigation, including the comments received pursuant to the Commission’s order of April 14, 2006, the Commission has determined to terminate this investigation with a finding of no violation of section 337. Specifically, the Commission has determined that the asserted claims are invalid for failure to meet the written description requirement and that, if valid, they are not infringed by respondents’ products. Vice Chairman Aranoff and Commissioner Lane dissented from the Commission’s final determination. This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and sections 210.41–.51 of the Commission’s Rules of Practice and Procedure (19 CFR 210.41–.51). Issued: February 23, 2007. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–3583 Filed 2–28–07; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Stipulation and Order Pursuant to Safe Drinking Water Act and Resource Recovery and Conservation Act Notice is hereby given that on February 12, 2007, a proposed settlement in United States v. Martin Ain, Civil No. 04–2912, has been lodged with the United States District Court for the Eastern District of New York. In this action, the United States sued Ain for violations of the Safe Drinking Water Act (‘‘SDWA’’), 42 U.S.C. 300h, et seq., and the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act and the Hazardous and Solid Waste Amendments of 1984 (‘‘RCRA’’), 42 U.S.C. 6901 et seq., in connection with the injection of fluids into wells on a property located at 257/259 Main Street, Town of Hempstead, New York, the failure to determine if contaminated soils and sludges were hazardous wastes and the failure to respond adequately to U.S. Environmental Protection Agency information requests. Ain has come into compliance with SDWA and RCRA. The settlement requires Ain to pay a civil penalty of $80,000. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the settlement. Comments should be addressed to the Assistant Attorney General, Environmental and PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 9359 Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to U.S. v. Martin Ain, D.J. Ref. 90–5–1–1–07662. The settlement may be examined at the Office of the United States Attorney, Eastern District of New York, 610 Federal Plaza, Central Islip, New York 11722, and at the Region II Office of the U.S. Environmental Protection Agency, Region II Records Center, 290 Broadway, 17th Floor, New York, NY 10007–1866. During the public comment period, the settlement may also be examined on the following Department of Justice Web site: https:// www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the settlement 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 $2.00 (25 cents per page production cost) payable to the U.S. Treasury or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. Ronald Gluck, Assistant Chief, Environmental Enforcement Section, Environmental and Natural Resources Division. [FR Doc. 07–908 Filed 2–28–07; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act Notice is hereby given that on February 20, 2007, a Consent Decree in United States of America v. FMC Corporation, Civil Action No. 05–5663, was lodged with the United States District Court for the Eastern District of Pennsylvania. The proposed consent decree with FMC Corporation (‘‘FMC’’) resolves the claims of the United States on behalf of EPA against FMC for past response costs under Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9607(a), in connection with the East Tenth Street Superfund Site (‘‘Site’’) in Marcus Hook, Delaware County, Pennsylvania. E:\FR\FM\01MRN1.SGM 01MRN1 rmajette on PROD1PC67 with NOTICES 9360 Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Notices Pursuant to the consent decree, FMC will reimburse $600,000 of EPA’s past response costs, and will receive a covenant not to sue from EPA for past response costs as set forth in the consent decree. The consent decree also resolves the potential claims of defendant FMC against the United States for Matters Addressed, which is defined to include past and future response costs of EPA and FMC but not natural resource damages. It resolution of such claims, the United States will pay FMC $283,779 from the judgment fund, on behalf of the Department of Commerce and the General Services Administration (‘‘Settling Federal Agencies’’) and any other successors to the War Production Board. The consent decree also contains mutual covenants among EPA and the Settling Federal Agencies concerning their responsibilities and claims as to each other 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 this proposed Consent Decree. Comments should be addressed to the Assistant Attorney General, Environmental and Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, Attention; Nancy Flickinger (EES) and Michael Schon (EDS), and should refer to United States of America v. FMC Corporation, Civil Action No. 05–5663, D.J. Ref. 90–11–3– 06583/1. The proposed Consent Decree may be examined at the Office of the United States Attorney for the Eastern District of Pennsylvania, 615 Chesnut Street, and at U.S. EPA Region III’s Office, 1650 Arch Street, Philadelphia, PA 19103. 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.htm. A copy of the proposed 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 $7.75 (25 cents per page reproduction VerDate Aug<31>2005 15:01 Feb 28, 2007 Jkt 211001 cost for a full copy) payable to the U.S. Treasury. Robert D. Brook, Assistant Chief, Environmental Enforcement Section, Environmental and Natural Resources Division. [FR Doc. 07–907 Filed 2–28–07; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request February 23, 2007. The Department of Labor (DOL) has submitted the following public information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104–13, 44 U.S.C. Chapter 35). A copy of this ICR, with applicable supporting documentation, may be obtained at https://www.reginfo.gov/public/do/ PRAMain, or contact Ira Mills on 202– 693–4122 (this is not a toll-free number) or e-mail: Mills.Ira@dol.gov. Comments should be sent to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for U.S. Department of Labor/Employment and Training Administration (ETA), Office of Management and Budget, Room 10235, Washington, DC 20503, 202– 395–7316 (this is not a toll free number), within 30 days from the date of this publication in the Federal Register. The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Agency: Employment and Training Administration. PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 Type of Review: Extension without change of a currently approved collection. Title: Quick Turnaround Surveys on Workforce Act Implementation. OMB Number: 1205—0436. Frequency: On occasion. Affected Public: Individuals or households, Business or other for-profit, Not-for-profit institutions, and State, Local, or Tribal Government. Type of Response: Reporting. Number of Respondents: 5,000. Annual Responses: 5,000. Average Response time: 90 minutes. Total Annual Burden Hours: 7,500. Total Annualized Capital/Startup Costs: 0. Total Annual Costs (operating/ maintaining systems or purchasing services): 0. Description: Quick turnaround surveys fill a critical gap in the ETA’s information needs about how the workforce system is unfolding and inform development of legislation, regulations and technical assistance. Ira L. Mills, Departmental Clearance Officer/ Team Leader. [FR Doc. E7–3545 Filed 2–28–07; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request February 23, 2007. The Department of Labor (DOL) has submitted the following public information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104–13, 44 U.S.C. chapter 35). A copy of this ICR, with applicable supporting documentation, may be obtained from RegInfo.gov at https://www.reginfo.gov/ public/do/PRAMain or by contacting Darrin King on 202–693–4129 (this is not a toll-free number) / e-mail: king.darrin@dol.gov. Comments should be sent to Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Employee Benefits Security Administration (EBSA), Office of Management and Budget, Room 10235, Washington, DC 20503, Telephone: 202–395–7316 / Fax: 202–395–6974 (these are not toll-free numbers), within 30 days from the date of this publication in the Federal Register. The OMB is particularly interested in comments which: E:\FR\FM\01MRN1.SGM 01MRN1

Agencies

Department of Justice

[Federal Register Volume 72, Number 40 (Thursday, March 1, 2007)]
[Notices]
[Pages 9359-9360]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-907]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the 
Comprehensive Environmental Response, Compensation and Liability Act

    Notice is hereby given that on February 20, 2007, a Consent Decree 
in United States of America v. FMC Corporation, Civil Action No. 05-
5663, was lodged with the United States District Court for the Eastern 
District of Pennsylvania.
    The proposed consent decree with FMC Corporation (``FMC'') resolves 
the claims of the United States on behalf of EPA against FMC for past 
response costs under Section 107(a) of the Comprehensive Environmental 
Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 
9607(a), in connection with the East Tenth Street Superfund Site 
(``Site'') in Marcus Hook, Delaware County, Pennsylvania.

[[Page 9360]]

Pursuant to the consent decree, FMC will reimburse $600,000 of EPA's 
past response costs, and will receive a covenant not to sue from EPA 
for past response costs as set forth in the consent decree.
    The consent decree also resolves the potential claims of defendant 
FMC against the United States for Matters Addressed, which is defined 
to include past and future response costs of EPA and FMC but not 
natural resource damages. It resolution of such claims, the United 
States will pay FMC $283,779 from the judgment fund, on behalf of the 
Department of Commerce and the General Services Administration 
(``Settling Federal Agencies'') and any other successors to the War 
Production Board.
    The consent decree also contains mutual covenants among EPA and the 
Settling Federal Agencies concerning their responsibilities and claims 
as to each other 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 this 
proposed Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environmental and Natural Resources Division, P.O. 
Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, 
Attention; Nancy Flickinger (EES) and Michael Schon (EDS), and should 
refer to United States of America v. FMC Corporation, Civil Action No. 
05-5663, D.J. Ref. 90-11-3-06583/1.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney for the Eastern District of Pennsylvania, 615 
Chesnut Street, and at U.S. EPA Region III's Office, 1650 Arch Street, 
Philadelphia, PA 19103. 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.htm. A copy of the 
proposed 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 $7.75 (25 cents per 
page reproduction cost for a full copy) payable to the U.S. Treasury.

Robert D. Brook,
Assistant Chief, Environmental Enforcement Section, Environmental and 
Natural Resources Division.
[FR Doc. 07-907 Filed 2-28-07; 8:45 am]
BILLING CODE 4410-15-M

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