Federal Register Notice; United States v. Cemex, S.A.B. de C.V. and Rinker Group Limited; Proposed Modification of the Modified Final Judgment, 3640 [E9-1042]
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3640
Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Notices
U.S.C. 9606 and 9607, for
implementation of response actions to
remediate contamination and for past
response costs incurred at the Fike/Artel
Chemical Company Superfund Site
(‘‘Site’’), located near Nitro, West
Virginia. The original consent decree
was amended on July 10, 1997 to
include the final two parties in this
matter.
Pursuant to the original consent
decree, and as amended July 10, 1997,
Settling Work Defendants agreed to
undertake future response actions at the
Site. On September 28, 2001, EPA
issued a ROD for the groundwater and
soil remediation component of the Site
clean-up. After further investigation and
data collection, EPA amended this ROD
in December 2006 by selecting in situ
biosparging rather than extraction and
treatment as the preferred remedy to
address groundwater contamination at
the Site. The proposed Second Consent
Decree Amendment incorporates the
Work required by the amended ROD for
groundwater remediation 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 Second Consent Decree
Amendment. Comments should be
addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and either emailed
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. American Cyanamid, et al., D.J.
Ref. 90–11–3–706.
The Second Consent Decree
Amendment may be examined at the
Office of the United States Attorney, 300
Virginia Street, East, Charleston, WV,
25301, and at U.S. EPA Region 3, 1650
Arch Street, Philadelphia, PA 19103.
During the public comment period, the
Second Consent Decree Amendment
may also be examined on the following
Department of Justice Web site, to
https://www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
Second Consent Decree Amendment
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 emailing 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
$5.50 (25 cents per page reproduction
cost) payable to the U.S. Treasury or, if
by e-mail or fax, forward a check in that
VerDate Nov<24>2008
18:54 Jan 16, 2009
Jkt 217001
amount to the Consent Decree Library at
the stated address.
Robert Brook,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. E9–1046 Filed 1–16–09; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
U.S. Antitrust Division
Federal Register Notice; United States
v. Cemex, S.A.B. de C.V. and Rinker
Group Limited; Proposed Modification
of the Modified Final Judgment
Take notice that a Joint Motion to
Establish Notice and Comment
Procedures and to Modify the Modified
Final Judgment, a Memorandum of
Plaintiff United States in Support of
Joint Motion to Establish Notice and
Comment Procedures and to Modify the
Modified Final Judgment have been
filed, and a proposed Order to Establish
Notice and Comment Procedures for the
Modification of the Modified Final
Judgment has been entered, in the
United States District Court for the
District of Columbia in United States v.
Cemex, S.A.B. de C.V. and Rinker Group
Limited, Civil No. 1:07-cv-00640. On
April 4, 2007, the United States filed a
Complaint (and an Amended Complaint
on May 2, 2007) alleging that Cemex,
S.A.B. de C.V.’s (‘‘Cemex’’) proposed
acquisition of Rinker Group Limited
(‘‘Rinker’’) would violate Section 7 of
the Clayton Act, 15 U.S.C. 18, by
substantially lessening competition in
the production and distribution of ready
mix concrete in the metropolitan areas
of Fort Walton Beach/Panama City/
Pensacola, Jacksonville, Orlando,
Tampa/St. Petersburg, Fort Myers/
Naples, Florida, and the metropolitan
areas of Flagstaff and Tucson, Arizona.
In addition, the acquisition would have
substantially lessened competition in
the production and distribution of
concrete block in metropolitan Tampa/
St. Petersburg and Fort Myers/Naples,
Florida. Finally, the acquisition would
have substantially lessened competition
in the production and distribution of
aggregate in metropolitan Tucson,
Arizona.
The Modified Final Judgment, entered
on November 28, 2007, required Cemex
to divest 39 ready mix concrete,
concrete block, and aggregate plants that
served metropolitan areas in Florida and
Arizona, including the Orlando, Florida
area. On November 30, 2007, Cemex
divested these assets to CRH plc
(‘‘CRH’’). The current proposed
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modification would allow Cemex to
reacquire Rinker’s Kennedy ready mix
concrete plant, located at 1406 Atlanta
Avenue, Orlando, Florida 32806, which
was one of the plants divested to CRH.
Cemex’s reacquisition of the Kennedy
plant is conditioned on CRH’s
acquisition of Cemex’s own plant in
Orlando, which is located only one-half
mile away from the Kennedy plant.
Copies of the Joint Motion to Establish
Notice and Comment Procedures and to
Modify the Modified Final Judgment,
the Memorandum of Plaintiff United
States in Support of Joint Motion to
Establish Notice and Comment
Procedures and to Modify the Modified
Final Judgment, and the proposed Order
to Establish Notice and Comment
Procedures for the Modification of the
Modified Final Judgment, and all other
papers filed with the Court in
connection with the motion are
available for inspection at the
Department of Justice, Antitrust
Division, Antitrust Documents Group,
450 Fifth Street, NW., Suite 1010,
Washington, DC 20530 (202–514–2481),
on the Department of Justice Web site
(https://www.usdoj.gov/atr), and at the
Office of the Clerk of the United States
District Court for the District of
Columbia.
Interested persons may address
comments to Maribeth Petrizzi, Chief,
Litigation II, Antitrust Division, U.S.
Department of Justice, City Center
Building, 1401 H Street, NW., Suite
3000, Washington, DC 20530 (202–307–
0924), within 30 days of the date of this
notice.
Patricia Brink,
Deputy Director of Operations.
[FR Doc. E9–1042 Filed 1–16–09; 8:45 am]
BILLING CODE 4410–11–P
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
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Notice is hereby given that, on
December 5, 2008, pursuant to Section
6(a) of the National Cooperative
Research and Production Act of 1993,
15 U.S.C. 4301 et seq. (‘‘the Act’’), DVD
CCA (‘‘DVD CCA’’) has filed written
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Attorney General and the Federal Trade
Commission disclosing changes in its
membership. The notifications were
filed for the purpose of extending the
Act’s provisions limiting the recovery of
antitrust plaintiffs to actual damages
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[Federal Register Volume 74, Number 12 (Wednesday, January 21, 2009)]
[Notices]
[Page 3640]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1042]
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DEPARTMENT OF JUSTICE
U.S. Antitrust Division
Federal Register Notice; United States v. Cemex, S.A.B. de C.V.
and Rinker Group Limited; Proposed Modification of the Modified Final
Judgment
Take notice that a Joint Motion to Establish Notice and Comment
Procedures and to Modify the Modified Final Judgment, a Memorandum of
Plaintiff United States in Support of Joint Motion to Establish Notice
and Comment Procedures and to Modify the Modified Final Judgment have
been filed, and a proposed Order to Establish Notice and Comment
Procedures for the Modification of the Modified Final Judgment has been
entered, in the United States District Court for the District of
Columbia in United States v. Cemex, S.A.B. de C.V. and Rinker Group
Limited, Civil No. 1:07-cv-00640. On April 4, 2007, the United States
filed a Complaint (and an Amended Complaint on May 2, 2007) alleging
that Cemex, S.A.B. de C.V.'s (``Cemex'') proposed acquisition of Rinker
Group Limited (``Rinker'') would violate Section 7 of the Clayton Act,
15 U.S.C. 18, by substantially lessening competition in the production
and distribution of ready mix concrete in the metropolitan areas of
Fort Walton Beach/Panama City/Pensacola, Jacksonville, Orlando, Tampa/
St. Petersburg, Fort Myers/Naples, Florida, and the metropolitan areas
of Flagstaff and Tucson, Arizona. In addition, the acquisition would
have substantially lessened competition in the production and
distribution of concrete block in metropolitan Tampa/St. Petersburg and
Fort Myers/Naples, Florida. Finally, the acquisition would have
substantially lessened competition in the production and distribution
of aggregate in metropolitan Tucson, Arizona.
The Modified Final Judgment, entered on November 28, 2007, required
Cemex to divest 39 ready mix concrete, concrete block, and aggregate
plants that served metropolitan areas in Florida and Arizona, including
the Orlando, Florida area. On November 30, 2007, Cemex divested these
assets to CRH plc (``CRH''). The current proposed modification would
allow Cemex to reacquire Rinker's Kennedy ready mix concrete plant,
located at 1406 Atlanta Avenue, Orlando, Florida 32806, which was one
of the plants divested to CRH. Cemex's reacquisition of the Kennedy
plant is conditioned on CRH's acquisition of Cemex's own plant in
Orlando, which is located only one-half mile away from the Kennedy
plant.
Copies of the Joint Motion to Establish Notice and Comment
Procedures and to Modify the Modified Final Judgment, the Memorandum of
Plaintiff United States in Support of Joint Motion to Establish Notice
and Comment Procedures and to Modify the Modified Final Judgment, and
the proposed Order to Establish Notice and Comment Procedures for the
Modification of the Modified Final Judgment, and all other papers filed
with the Court in connection with the motion are available for
inspection at the Department of Justice, Antitrust Division, Antitrust
Documents Group, 450 Fifth Street, NW., Suite 1010, Washington, DC
20530 (202-514-2481), on the Department of Justice Web site (https://
www.usdoj.gov/atr), and at the Office of the Clerk of the United States
District Court for the District of Columbia.
Interested persons may address comments to Maribeth Petrizzi,
Chief, Litigation II, Antitrust Division, U.S. Department of Justice,
City Center Building, 1401 H Street, NW., Suite 3000, Washington, DC
20530 (202-307-0924), within 30 days of the date of this notice.
Patricia Brink,
Deputy Director of Operations.
[FR Doc. E9-1042 Filed 1-16-09; 8:45 am]
BILLING CODE 4410-11-P
