Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act, 54076-54077 [E9-25216]
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54076
Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Notices
jlentini on DSKJ8SOYB1PROD with NOTICES
that a firm was injured by such a breach
of the APO.
Case 7: The Commission found that
an attorney breached an APO by failing
to redact from the public version of his
firm’s final comments the name of a
subscription service and information
obtained from the subscription service
under the Commission’s APO. The
Commission has consistently treated
this type of information as BPI and the
information had clearly been marked as
BPI. A paralegal and a legal secretary
who were involved in the matter were
found not liable for the breach because
they acted under the direction of the
attorney.
The Commission viewed as mitigating
factors that the attorney had not been
found liable for a breach within the
previous two years, the time period the
Commission usually considers for the
purpose of sanctions, no non-signatory
read the BPI, and prompt action was
taken to remedy the breach once the
attorney was notified of the breach. The
Commission also considered two
aggravating circumstances. First, the
Commission staff, not the attorney,
discovered the breach. Second, the
breach was not inadvertent, but rather,
the attorney substituted his own
judgment for the Commission’s in
treating the BPI in question as public
information despite clear markings to
the contrary. The Commission issued a
private letter of reprimand to the
breaching attorney.
Rules Violation Investigations
Case 1: The Commission found that
two attorneys had violated Commission
rule 207.3(b), 19 CFR 207.3(b), in a fiveyear review, when they served a brief,
which was public because no BPI was
used, by first class mail instead of by
hand or overnight mail as required by
the rules. The certificate of service,
which stated that the brief would be
sent by first class mail, was signed by
the lead attorney after he had been
reassured by the second attorney that, in
the past, the firm had served public
documents in Commission
investigations by first class mail. The
use of first class service resulted in a
one day delay in receipt of the
document.
The Commission decided to issue a
warning letter to the lead attorney who
had signed the certificate of service, in
view of the fact that he had no
violations in the past two years, the
violation was unintentional, and the
firm took measures to make sure that
this kind of violation would not occur
again.
The Commission issued to the second
attorney a private letter of reprimand
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17:33 Oct 20, 2009
Jkt 220001
with two restrictions on his practice
before the Commission. For a period of
18 months he was not permitted to serve
as the final decisionmaker in any matter
relating to proceedings before the
Commission and all Commission
submissions prepared by the attorney
must be reviewed by another attorney
before filing with the Commission. In
determining to sanction the attorney in
this manner, the Commission
considered the mitigating circumstances
that the breach was unintentional and
the fact that other parties were not
unduly prejudiced as a result of the
improper service. The Commission also
considered the aggravating circumstance
that he had received two previous
sanctions, the most recent of which
included a restriction on his practice,
for breaches of the APO in other
Commission investigations within two
years of the violation of the service rule.
The Commission did take into account
that the first of the underlying APO
breaches had occurred more than four
years prior to the issuance of the
sanction in this rules violation
proceeding.
There was one rules violation
investigation in which no violation was
found:
Case 1: The Commission determined
that sanctions were unwarranted but
cautioned three attorneys to ensure that
their guidance to employees and clients
in the future respects the Commission’s
need for accurate questionnaire
responses to maintain the integrity of
Commission investigations. A rules
violation investigation had been
conducted pursuant to Commission rule
201.15(a), 19 CFR 201.15(a), when
comments on their client’s completed
questionnaire made it appear that the
three attorneys had advised their clients
to answer a question in a potentially
misleading manner. In response to the
letter of inquiry, the attorneys explained
that the comments were inadvertently
left on the questionnaire and were never
transmitted to the client. They were,
instead, intended for staff at the law
firm to encourage them to seek more
accurate information from the client.
The firm’s staff to whom the comments
were sent recognized them as
encouragement to obtain additional
accurate information from the client
and, in response to the comments,
initiated follow-up contacts with the
client to obtain additional, accurate
information. This was confirmed by
e-mail communications between the
attorneys and the staff demonstrating a
recognition of the need for accurate
reporting.
Issued: October 15, 2009.
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By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9–25243 Filed 10–20–09; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Comprehensive
Environmental Response,
Compensation, and Liability Act
Consistent with Section 122 of the
Comprehensive Environmental
Response, Compensation, and Liability
Act of 1980, as amended (‘‘CERCLA’’),
42 U.S.C. 9622(d), and 28 CFR 50.7,
notice is hereby given that on October
9, 2009, the United States lodged a
Consent Decree with the City of South
Lake Tahoe, California (‘‘the City’’) in
United States of America v. El Dorado
County, California, et al., Civil No. S–
01–1520 MCE GGH (E.D. Cal.), with
respect to the Meyers Landfill Site,
located in Meyers, El Dorado County,
California (the ‘‘Site’’).
On August 3, 2001, Plaintiff United
States of America (‘‘United States’’), on
behalf of the United States Department
of Agriculture, Forest Service (‘‘Forest
Service’’), filed a complaint in this
matter pursuant to Section 107 of the
Comprehensive Environmental
Response, Compensation, and Liability
Act (‘‘CERCLA’’), 42 U.S.C. 9607,
against Defendants, El Dorado County,
California (the ‘‘County’’) and the City.
The complaint filed by the United States
seeks recovery of environmental
response costs incurred by the Forest
Service related to the release or
threatened release and/or disposal of
hazardous substances at or from the
Meyers Landfill Site, a former
municipal waste disposal facility
located on National Forest Service
System lands administered by the Lake
Tahoe Basin Management Unit of the
Forest Service, with accrued interest,
and a declaration of the County’s and
the City’s liability for future response
costs incurred by the United States
related to the Site. The City filed
counterclaims against the United States
pursuant to CERCLA. The proposed
Consent Decree resolves the United
States’ CERCLA claims against the City
and the City’s CERCLA claims against
the United States.
Under the proposed Consent Decree
the City will pay $1.6 million, a portion
of which will be deposited into a Forest
Service Special account to fund future
response actions at the Site and a
portion of which will go to the Forest
Service to fund response actions related
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21OCN1
jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Notices
to groundwater at the Site, including a
Remedial Investigation/Feasibility
Study and the selection of a remedy for
contaminated groundwater at the Site.
In exchange for the City’s payment, the
City will receive from the United States
a covenant not to sue or to take
administrative action pursuant to
Sections 106 or 107 of CERCLA, 42
U.S.C. 9606 and 9607, as amended, for
the performance of response actions at
the Site and the United States’ past and
future response costs at the Site. In
addition, the City will dismiss its
CERCLA claims against the Forest
Service. 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 Acting 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 of America v. El Dorado County,
California, et al., Civil No. S–01–1520
MCE GGH (E.D. Cal.) (DOJ Ref. No. 90–
11–3–06554)(Consent Decree with City).
The Consent Decree with the City may
be examined at U.S. Department of
Agriculture, Office of General Counsel,
33 New Montgomery Street, 17th Floor,
San Francisco, CA 94150 (contact Rose
Miksovsky, (415) 744–3158). During the
public comment period, the Consent
Decree with the District 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 with the City may also
be obtained by mail from the Consent
Decree Library, U.S. Department of
Justice, 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 from the Consent Decree Library,
please refer to United States of America
v. El Dorado County, California, et al.,
Civil No. S–01–1520 MCE GGH (E.D.
Cal.) (DOJ Ref. No. 90–11–3–06554)
(Consent Decree with City), and enclose
a check in the amount of $35.75 (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
17:33 Oct 20, 2009
Jkt 220001
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. E9–25216 Filed 10–20–09; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA–317F]
Controlled Substances: Final Revised
Aggregate Production Quotas for 2009
AGENCY: Drug Enforcement
Administration (DEA), Justice.
ACTION: Notice of final aggregate
production quotas for 2009.
SUMMARY: This notice establishes final
2009 aggregate production quotas for
controlled substances in schedules I and
II of the Controlled Substances Act
(CSA). The DEA has taken into
consideration comments received in
response to a notice of the proposed
revised aggregate production quotas for
2009 published July 23, 2009 (74 FR
36511).
DATES: Effective Date: October 21, 2009.
FOR FURTHER INFORMATION CONTACT:
Christine A. Sannerud, Ph.D, Chief,
Drug and Chemical Evaluation Section,
Drug Enforcement Administration, 8701
Morrissette Drive, Springfield, Virginia
22152, Telephone: (202) 307–7183.
SUPPLEMENTARY INFORMATION: Section
306 of the CSA (21 U.S.C. 826) requires
that the Attorney General establish
aggregate production quotas for each
basic class of controlled substance listed
in schedules I and II. This responsibility
has been delegated to the Administrator
of the DEA by 28 CFR 0.100. The
Administrator, in turn, has redelegated
this function to the Deputy
Administrator, pursuant 28 CFR 0.104.
The 2009 aggregate production quotas
represent those quantities of controlled
substances in schedules I and II that
may be produced in the United States in
2009 to provide adequate supplies of
each substance for: The estimated
medical, scientific, research, and
industrial needs of the United States;
lawful export requirements; and the
establishment and maintenance of
reserve stocks (21 U.S.C. 826(a) and 21
CFR 1303.11). These quotas do not
include imports of controlled
substances.
On July 23, 2009, a notice of the
proposed revised 2009 aggregate
production quotas for certain controlled
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54077
substances in schedules I and II was
published in the Federal Register (74
FR 36511). All interested persons were
invited to comment on or object to these
proposed aggregate production quotas
on or before August 24, 2009.
Seven companies commented on a
total of 18 schedules I and II controlled
substances within the published
comment period. Seven companies
proposed that the aggregate production
quotas for amphetamine (for sale),
codeine (for conversion),
dihydromorphine, fentanyl,
hydrocodone (for sale), hydromorphone,
lisdexamfetamine, methadone,
methadone intermediate,
methamphetamine (for sale),
methylphenidate, nabilone, opium
(tincture), oxycodone (for sale),
oxycodone (for conversion),
oxymorphone (for sale), phenylacetone,
and thebaine were insufficient to
provide for the estimated medical,
scientific, research, and industrial needs
of the United States, for export
requirements and for the establishment
and maintenance of reserve stocks.
DEA has taken into consideration the
above comments along with the relevant
2008 year-end inventories, initial 2009
manufacturing quotas, 2009 export
requirements, actual and projected 2009
sales, research, product development
requirements, and additional
applications received. Based on this
information, the DEA has adjusted the
final 2009 aggregate production quotas
for amphetamine (for conversion),
dihydromorphine, hydrocodone (for
sale), hydromorphone,
lisdexamfetamine, morphine (for sale),
opium (tincture), oxycodone (for sale),
oxycodone (for conversion),
oxymorphone (for sale), and
phenylacetone to meet the legitimate
needs of the United States.
Regarding amphetamine (for sale),
codeine (for conversion), fentanyl,
methadone, methadone intermediate,
methamphetamine (for sale),
methylphenidate, nabilone, and
thebaine, the DEA has determined that
the proposed revised 2009 aggregate
production quotas are sufficient to meet
the current 2009 estimated medical,
scientific, research, and industrial needs
of the United States and to provide for
adequate inventories.
Therefore, under the authority vested
in the Attorney General by Section 306
of the CSA (21 U.S.C. § 826), and
delegated to the Administrator of the
DEA by 28 CFR 0.100, and redelegated
to the Deputy Administrator, pursuant
to 28 CFR 0.104, the Deputy
Administrator hereby orders that the
2009 final aggregate production quotas
for the following controlled substances,
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Agencies
[Federal Register Volume 74, Number 202 (Wednesday, October 21, 2009)]
[Notices]
[Pages 54076-54077]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25216]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Comprehensive
Environmental Response, Compensation, and Liability Act
Consistent with Section 122 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended
(``CERCLA''), 42 U.S.C. 9622(d), and 28 CFR 50.7, notice is hereby
given that on October 9, 2009, the United States lodged a Consent
Decree with the City of South Lake Tahoe, California (``the City'') in
United States of America v. El Dorado County, California, et al., Civil
No. S-01-1520 MCE GGH (E.D. Cal.), with respect to the Meyers Landfill
Site, located in Meyers, El Dorado County, California (the ``Site'').
On August 3, 2001, Plaintiff United States of America (``United
States''), on behalf of the United States Department of Agriculture,
Forest Service (``Forest Service''), filed a complaint in this matter
pursuant to Section 107 of the Comprehensive Environmental Response,
Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9607, against
Defendants, El Dorado County, California (the ``County'') and the City.
The complaint filed by the United States seeks recovery of
environmental response costs incurred by the Forest Service related to
the release or threatened release and/or disposal of hazardous
substances at or from the Meyers Landfill Site, a former municipal
waste disposal facility located on National Forest Service System lands
administered by the Lake Tahoe Basin Management Unit of the Forest
Service, with accrued interest, and a declaration of the County's and
the City's liability for future response costs incurred by the United
States related to the Site. The City filed counterclaims against the
United States pursuant to CERCLA. The proposed Consent Decree resolves
the United States' CERCLA claims against the City and the City's CERCLA
claims against the United States.
Under the proposed Consent Decree the City will pay $1.6 million, a
portion of which will be deposited into a Forest Service Special
account to fund future response actions at the Site and a portion of
which will go to the Forest Service to fund response actions related
[[Page 54077]]
to groundwater at the Site, including a Remedial Investigation/
Feasibility Study and the selection of a remedy for contaminated
groundwater at the Site. In exchange for the City's payment, the City
will receive from the United States a covenant not to sue or to take
administrative action pursuant to Sections 106 or 107 of CERCLA, 42
U.S.C. 9606 and 9607, as amended, for the performance of response
actions at the Site and the United States' past and future response
costs at the Site. In addition, the City will dismiss its CERCLA claims
against the Forest Service. 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
Acting 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 of America v. El Dorado
County, California, et al., Civil No. S-01-1520 MCE GGH (E.D. Cal.)
(DOJ Ref. No. 90-11-3-06554)(Consent Decree with City).
The Consent Decree with the City may be examined at U.S. Department
of Agriculture, Office of General Counsel, 33 New Montgomery Street,
17th Floor, San Francisco, CA 94150 (contact Rose Miksovsky, (415) 744-
3158). During the public comment period, the Consent Decree with the
District 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 with the City may also be obtained by mail from the
Consent Decree Library, U.S. Department of Justice, 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 from the
Consent Decree Library, please refer to United States of America v. El
Dorado County, California, et al., Civil No. S-01-1520 MCE GGH (E.D.
Cal.) (DOJ Ref. No. 90-11-3-06554) (Consent Decree with City), and
enclose a check in the amount of $35.75 (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. E9-25216 Filed 10-20-09; 8:45 am]
BILLING CODE 4410-15-P