Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response Compensation and Liability Act, 49706-49707 [E8-19468]
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jlentini on PROD1PC65 with NOTICES
49706
Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Notices
(2) on the issue of Deere’s alleged
financing of certain EVSPFHs; (3) with
respect to the ALJ’s application of the
‘‘all or substantially all’’ standard,
including a statement of the type and
number of sales relied on and the basis
for reliance on those sales, especially
the basis for including used sales of
North American-version harvesters in
the assessment of whether that standard
has been met by Deere; and (4) on
whether all or substantially all of
Deere’s sales of SPFHs were of North
American versions of these machines.
On March 13, 2008, the Commission
asked the parties to discuss (1) The total
quantity of new and used EVSPFHs sold
by John Deere’s official European
dealers to the United States from 1997
through 2002, including (a) all European
dealer sales for importation to the
United States for which there is
documentary evidence in the existing
record and (b) an estimate of the total
quantum of additional European dealer
sales for importation to the United
States for which there may not be
documentary evidence on this record;
(2) an exclusively legal discussion of the
relevance of the agency doctrines of
actual and apparent authority in the
context of gray market sales in the
United States; and (3) whether, if the
Commission were to take into account
only sales of gray market EVSPFHs by
U.S. dealers (i.e. sales within the United
States after importation), and not sales
for importation of gray market goods by
John Deere’s European dealers, it would
in effect improperly limit the scope of
the unlawful activities that it is required
to consider under the statute, which
includes within the Commission’s
jurisdiction ‘‘the sale for importation’’
as well as ‘‘the sale within the United
States after importation’’ of articles that
infringe a valid United States trademark.
19 U.S.C. Section 1337(a)(1)(C).
Written submissions were received by
the parties on April 15 and April 24,
2008. On April 30, the parties each filed
reply submissions.
Having considered the record and
briefing in this investigation, the
Commission has determined to reverse
the ALJ’s finding of violation. A
Commission Opinion in support of its
determinations will follow shortly.
The authority for this notice is
contained in section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, and in section 210.45(c) of the
Commission’s Rules of Practice and
Procedure (19 CFR 210.45(c)).
By order of the Commission.
VerDate Aug<31>2005
17:12 Aug 21, 2008
Jkt 214001
Issued: August 12, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8–19571 Filed 8–21–08; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decrees Under the
Comprehensive Environmental
Response, Compensation, and Liability
Act
Notice is hereby given that two
Consent Decrees in United States of
America v. M.A. Hanna Plastics, Inc., et
al., Civil Action No. 06–409 GMS, have
been lodged with the United States
District Court for the District of
Delaware. The United States lodged a
consent decree with defendant
Wilmington Economic Development
Corporation \ (‘‘WEDCO’’) on August 8,
2008, and lodged a consent decree with
defendant M.A. Hanna Plastics Group
\‘‘Hanna’’) on August 14, 2008.
The two consent decrees will resolve
the liability of the two remaining
defendants in this cost recovery action
under Section 107 of the
Comprehensive Environmental
Response, Compensation and Liability
Act \ (‘‘CERCLA’’), 42 U.S.C. 9607 in
connection with the 12th Street Dump
Site in Wilmington, Delaware \(‘‘Site’’).
On June 28, 2006, the United States
filed a Complaint against four
defendants who currently or previously
owned or operated property at the Site.
The United States previously settled
with two of the named defendants.
The two consent decrees now being
proposed will resolve the United States’
filed claims against the two remaining
defendants, Hanna and WEDCO, as set
forth in the consent decrees. Hanna will
reimburse the United States
$3,597,877.20 and will receive a
covenant not to sue for past costs.
WEDCO will reimburse the United
States $120,000 in past costs and will
agree to sell its parcel and provide the
United States with the higher of either
50% of the net proceeds or $40,000.00.
WEDCO will also receive a covenant not
to sue for past costs.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
relating to these proposed Consent
Decrees. Comments should be addressed
to the Assistant Attorney General,
Environment and Natural Resources
Division, and either e-mailed to
pubcomment-ees.enrd@usdoj.gov or
mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC
PO 00000
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Fmt 4703
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20044–7611, Attention: Nancy
Flickinger (EES), and should refer to
United States of America v. M.A. Hanna
Plastics, Inc., et al. , Civil Action No.
06–409 GMS, DOJ # 90–11–3–08301.
The proposed Consent Decree may be
examined at the Office of the United
States Attorney for the District of
Delaware, Nemours Building, P.O. Box
2046, Wilmington, DE 19801. 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
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
$ $7.00 for the consent decree with
WEDCO, and/or $5.25 for the consent
decree with M.A. Hanna (25 cents per
page reproduction cost for a full copy)
payable to the U.S. Treasury.
Maureen M. Katz,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. E8–19447 Filed 8–21–08; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Comprehensive
Environmental Response
Compensation and Liability Act
Pursuant to 28 CFR 50.7 notice is
hereby given that on August 14, 2008,
a proposed Consent Decree in the case
United States v. William J. Roper, Sr., et
al., Civil Action No. 3:00cv472–GCM,
was lodged with the United States
District Court for the Western District of
North Carolina.
In this action, under Section 107(a)(1)
and (2) of CERCLA, 42 U.S.C. 9607(a)(1)
and (2), the United States sought
recovery of response costs to remedy
conditions in connection with the
release or threatened release of
hazardous substances into the
environment at the North Belmont PCE
Site (‘‘the Site’’), located in Belmont,
Gaston County, North Carolina. A
portion of the Site is comprised of the
Roper Shopping Center upon which the
United States had placed a Superfund
Lien. The Complaint also included an in
rem action under Section 107(l) of
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Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Notices
CERCLA, 42 U.S.C. 9607(l), to enforce
this lien.
The proposed consent decree requires
Defendants to exercise best efforts to sell
the Roper Shopping Center which is
currently valued at about $303,000. The
United States will receive 75 percent of
the sale proceeds in partial
reimbursement of outstanding response
costs.
The Department of Justice will receive
comments relating to the proposed
Consent Decree for a period of thirty
(30) days from the date of this
publication. Comments should be
addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and mailed either
electronically to pubcommentees.enrd@usdoj.gov or in hard copy to
the United States Department of Justice,
P.O. Box 7611, Ben Franklin Station,
Washington, DC 20044–7611 and
should refer to United States v. William
J. Roper, Sr., et al., D.J. Ref. 90–11–3–
07246.
The proposed Consent Decree may be
examined at the U.S. Environmental
Protection Agency, Region IV, 61
Forsythe Street, Atlanta, Georgia 30303.
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
Department of Justice Consent Decree
Library, P.O. Box 7611, 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 of the Consent Decree from the
Consent Decree Library, please enclose
a check in the amount of $9.75 (25 cents
per page reproduction cost × 39 pages)
payable to the U.S. Treasury.
Henry S. Friedman,
Assistant Section Chief, Environmental
Enforcement Section.
[FR Doc. E8–19468 Filed 8–21–08; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
jlentini on PROD1PC65 with NOTICES
Notice of Lodging of Consent
Judgment Pursuant to Resource
Recovery and Conservation Act
Notice is hereby given that on August
15, 2008, a proposed Consent Judgment
in United States v. 175 Inwood
Associates, et al. , Civil Action No. CV–
96–1471, was lodged with the United
States District Court for the Eastern
District of New York.
VerDate Aug<31>2005
17:12 Aug 21, 2008
Jkt 214001
The proposed Consent Judgment will
resolve the United States’ claims under
Sections 104, 106 and 107 of the
Comprehensive Environmental
Response, Compensation, and Liability
Act of 1980, 42 U.S.C. 9604, 9606 and
9607, as amended (‘‘CERCLA’’), on
behalf of the U.S. Environmental
Protection Agency (‘‘EPA’’) against 175
Inwood Associates, Abraham Woldiger,
Abraham Taub, and Peter Hoffman
(collectively ‘‘defendants’’) regarding
the Rockaway Metal Products
Superfund Site in Inwood, New York.
By Memorandum and Order dated
August 6, 2004, the United States
District Court for the Eastern District of
New York Court held that defendants
were responsible for the EPA’s past
response costs and were liable for civil
penalties under CERCLA Section 104
and Section 106 for violations of two
EPA orders and failures to respond to
EPA requests for information.
The Consent Judgment requires
defendant Peter Hoffman to pay to the
United States the total sum of $350,000,
which includes EPA’s past response
costs in the amount of $150,000 and
civil penalties in the amount of
$200,000, and requires defendants
Abraham Woldiger and Abraham Taub
to each pay to the United States civil
penalties in the amount of $25,000. The
civil penalties are for defendants’ partial
violations of the EPA orders and EPA
requests for information. With respect to
defendants Woldiger and Hoffman, the
settlement amount was calculated after
conducting an ability-to-pay analysis.
The Department of Justice will
receive, for a period of thirty (30) days
from the date of this publication,
comments relating to the Consent
Judgment. Comments should be
addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and either e-mailed
to pubcomment-ees.enrd@usdoj.gov or
mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, and should refer to United
States v. 175 Inwood Associates, et al.,
Civil Action No. CV–96–1471, D.J. Ref.
No. 90–11–2–1079.
The proposed Consent Judgment may
be examined at the Office of the United
States Attorney, Eastern District of New
York, 271 Cadman Plaza East, 7th Fl.,
Brooklyn, New York 11201, and at the
United States Environmental Protection
Agency, Region II, 290 Broadway, New
York, New York 10007–1866. During the
public comment period, the proposed
Consent Judgment may also be
examined on the following Department
of Justice Web site, https://
www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
PO 00000
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Fmt 4703
Sfmt 4703
49707
proposed Consent Judgment may 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 e-mail or fax, forward a check in that
amount to the Consent Decree Library at
the stated address.
Maureen Katz,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. E8–19418 Filed 8–21–08; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Cooperative Research
Group on Clean Diesel V
Correction
In notice document E8–17042
appearing on page 43952 in the issue of
Tuesday, July 29, 2008, make the
following correction:
On page 43952, in the first column, in
the first paragraph, in the fifth line from
the bottom, ‘‘EASF’’ should read
‘‘BASF’’.
[FR Doc. Z8–17042 Filed 8–21–08; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
Advisory Committee on Construction
Safety and Health (ACCSH); Notice of
Renewal of Charter
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice of Renewal of ACCSH
Charter.
AGENCY:
SUMMARY: In accordance with the
provisions of the Federal Advisory
Committee Act (FACA), as amended (5
U.S.C., App. 2), and its implementing
regulations (41 CFR 102–3, Federal
Advisory Committee Management), the
Secretary of Labor has determined that
the renewal of the Charter for the
Advisory Committee on Construction
E:\FR\FM\22AUN1.SGM
22AUN1
Agencies
[Federal Register Volume 73, Number 164 (Friday, August 22, 2008)]
[Notices]
[Pages 49706-49707]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19468]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Comprehensive
Environmental Response Compensation and Liability Act
Pursuant to 28 CFR 50.7 notice is hereby given that on August 14,
2008, a proposed Consent Decree in the case United States v. William J.
Roper, Sr., et al., Civil Action No. 3:00cv472-GCM, was lodged with the
United States District Court for the Western District of North
Carolina.
In this action, under Section 107(a)(1) and (2) of CERCLA, 42
U.S.C. 9607(a)(1) and (2), the United States sought recovery of
response costs to remedy conditions in connection with the release or
threatened release of hazardous substances into the environment at the
North Belmont PCE Site (``the Site''), located in Belmont, Gaston
County, North Carolina. A portion of the Site is comprised of the Roper
Shopping Center upon which the United States had placed a Superfund
Lien. The Complaint also included an in rem action under Section 107(l)
of
[[Page 49707]]
CERCLA, 42 U.S.C. 9607(l), to enforce this lien.
The proposed consent decree requires Defendants to exercise best
efforts to sell the Roper Shopping Center which is currently valued at
about $303,000. The United States will receive 75 percent of the sale
proceeds in partial reimbursement of outstanding response costs.
The Department of Justice will receive comments relating to the
proposed Consent Decree for a period of thirty (30) days from the date
of this publication. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
mailed either electronically to pubcomment-ees.enrd@usdoj.gov or in
hard copy to the United States Department of Justice, P.O. Box 7611,
Ben Franklin Station, Washington, DC 20044-7611 and should refer to
United States v. William J. Roper, Sr., et al., D.J. Ref. 90-11-3-
07246.
The proposed Consent Decree may be examined at the U.S.
Environmental Protection Agency, Region IV, 61 Forsythe Street,
Atlanta, Georgia 30303. 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
Department of Justice Consent Decree Library, P.O. Box 7611,
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 of the Consent
Decree from the Consent Decree Library, please enclose a check in the
amount of $9.75 (25 cents per page reproduction cost x 39 pages)
payable to the U.S. Treasury.
Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section.
[FR Doc. E8-19468 Filed 8-21-08; 8:45 am]
BILLING CODE 4410-15-P