Notice of Lodging of Stipulation and Order Pursuant to Safe Drinking Water Act and Resource Recovery and Conservation Act, 9359 [07-908]

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

Agencies

Department of Justice

[Federal Register Volume 72, Number 40 (Thursday, March 1, 2007)]
[Notices]
[Page 9359]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-908]


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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 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

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