Notice of Lodging of Modification of Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act, 9255-9256 [2010-4060]
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Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Notices
(a) The quantity and value (landed,
duty-paid but not including
antidumping) of U.S. imports and, if
known, an estimate of the percentage of
total U.S. imports of Subject
Merchandise from each Subject Country
accounted for by your firm’s(s’) imports;
(b) the quantity and value (f.o.b. U.S.
port, including antidumping duties) of
U.S. commercial shipments of Subject
Merchandise imported from each
Subject Country; and
(c) the quantity and value (f.o.b. U.S.
port, including antidumping duties) of
U.S. internal consumption/company
transfers of Subject Merchandise
imported from each Subject Country.
(11) If you are a producer, an exporter,
or a trade/business association of
producers or exporters of the Subject
Merchandise in the Subject
Country(ies), provide the following
information on your firm’s(s’)
operations on that product during
calendar year 2009 (report quantity data
in metric tons and value data in U.S.
dollars, landed and duty-paid at the
U.S. port but not including antidumping
duties). If you are a trade/business
association, provide the information, on
an aggregate basis, for the firms which
are members of your association.
(a) Production (quantity) and, if
known, an estimate of the percentage of
total production of Subject Merchandise
in each Subject Country accounted for
by your firm’s(s’) production;
(b) Capacity (quantity) of your firm to
produce the Subject Merchandise in
each Subject Country (i.e., the level of
production that your establishment(s)
could reasonably have expected to
attain during the year, assuming normal
operating conditions (using equipment
and machinery in place and ready to
operate), normal operating levels (hours
per week/weeks per year), time for
downtime, maintenance, repair, and
cleanup, and a typical or representative
product mix); and
(c) The quantity and value of your
firm’s(s’) exports to the United States of
Subject Merchandise and, if known, an
estimate of the percentage of total
exports to the United States of Subject
Merchandise from each Subject Country
accounted for by your firm’s(s’) exports.
(12) Identify significant changes, if
any, in the supply and demand
conditions or business cycle for the
Domestic Like Product that have
occurred in the United States or in the
market for the Subject Merchandise in
each Subject Country since the Order
Date, and significant changes, if any,
that are likely to occur within a
reasonably foreseeable time. Supply
conditions to consider include
technology; production methods;
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development efforts; ability to increase
production (including the shift of
production facilities used for other
products and the use, cost, or
availability of major inputs into
production); and factors related to the
ability to shift supply among different
national markets (including barriers to
importation in foreign markets or
changes in market demand abroad).
Demand conditions to consider include
end uses and applications; the existence
and availability of substitute products;
and the level of competition among the
Domestic Like Product produced in the
United States, Subject Merchandise
produced in the Subject Country(ies),
and such merchandise from other
countries.
(13) (OPTIONAL) A statement of
whether you agree with the above
definitions of the Domestic Like Product
and Domestic Industry; if you disagree
with either or both of these definitions,
please explain why and provide
alternative definitions.
Authority: These reviews are being
conducted under authority of title VII of the
Tariff Act of 1930; this notice is published
pursuant to section 207.61 of the
Commission’s rules.
By order of the Commission.
Issued: February 24, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010–4163 Filed 2–26–10; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Clean Air Act
Under 28 CFR 50.7, notice is hereby
given that on February 22, 2010, a
proposed Consent Decree in United
States v. Cummins, Inc., case number
1:10–cv–00275, was lodged with the
United States District Court for the
District of Columbia.
The Decree resolves the claims of the
United States against Cummins, Inc.
(‘‘Cummins’’) for violations of Title II of
the Clean Air Act, 42 U.S.C. 7521 et seq.
(the ‘‘Act’’). The United States alleged
that Cummins sold, offered for sale, or
introduced or delivered for introduction
into commerce new motor vehicle
engines not covered by certificates of
conformity, because the engines as
actually sold, offered for sale, or
introduced or delivered for introduction
into commerce are materially different
from the engines described in Cummins’
applications for certificates of
conformity, in that the engines were not
equipped with the required emission
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9255
control system or aftertreatment device.
Under the proposed Decree, Cummins
shall: Pay a penalty of $2.1 million, of
which $1,680,000 shall be paid to the
United States and the remainder to the
State of California under a parallel
administrative agreement; institute a
voluntary recall of the affected engines;
retire 167.1 tons of NOX and 30.5 tons
of PM, the entire amount of excess
pollution attributable to the violation;
and dismiss with prejudice a pending
Petition for Review in the DC Circuit.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
relating to the Decree. 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 the
Consent Decree between the United
States and Cummins, DOJ Ref. No. 90–
5–2–1–09351.
During the public comment period,
the Decree may be examined on the
following Department of Justice Web
site, https://www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
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 $8.25 (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. 2010–4023 Filed 2–26–10; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Modification of
Consent Decree Under the
Comprehensive Environmental
Response, Compensation and Liability
Act
Notice is hereby given that on
February 23, 2010, a proposed Consent
Decree in United States v. Schlumberger
Technology Corporation, Civil Action
No. 2:10-cv-00783–TON, D.J. Ref. 90–
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9256
Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Notices
11–3–09285 was lodged with the United
States District Court for the Eastern
District of Pennsylvania.
In this action the United States sought
reimbursement of response costs
incurred in connection with the release
or threatened release of hazardous
substances at the North Penn 12
Superfund Site, Worcester Township,
Montgomery County, Pennsylvania (the
‘‘Site’’). The Consent Decree obligates
the Settling Defendant to reimburse
$10,429.94 of the United States’ past
response costs paid in connection with
the Site, and to pay future response
costs to be incurred by the United States
at the Site as well.
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
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. Schlumberger Technology
Corporation, Civil Action No. 2:10-cv00783–TON, D.J. Ref. 90–11–3–09285.
The Consent Decree may be examined
at the Office of the United States
Attorney, Eastern District of
Pennsylvania, 615 Chestnut Street, Suite
1250 Philadelphia, PA 19106, and at
U.S. EPA Region 3. 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 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 $6.75 (@ 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 Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. 2010–4060 Filed 2–26–10; 8:45 am]
BILLING CODE 4410–15–P
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NATIONAL SCIENCE FOUNDATION
Notice of Buy American Waiver Under
the American Recovery and
Reinvestment Act of 2009
AGENCY:
National Science Foundation
(NSF).
ACTION:
Notice.
SUMMARY: The National Science
Foundation (NSF) has granted a limited
waiver of section 1605 of the American
Recovery and Reinvestment Act of 2009
(Recovery Act), Public Law 111–5, 123
Stat. 115, 303 (2009), with respect to the
purchase of the bow thruster that will be
used in the Alaska Region Research
Vessel (ARRV). A bow thruster is a
propulsion device that is built into a
vessel’s bow to make it more
maneuverable and better able to hold a
certain position or orientation at sea.
DATES: March 1, 2010.
ADDRESSES: National Science
Foundation, 4201 Wilson Blvd.,
Arlington, Virginia 22230.
FOR FURTHER INFORMATION CONTACT: Mr.
Jeffrey Leithead, Division of Acquisition
and Cooperative Support, 703–292–
4595.
In
accordance with section 1605(c) of the
Recovery Act and section 176.80 of Title
2 of the Code of Federal Regulations, the
National Science Foundation (NSF)
hereby provides notice that on January
28, 2010, the NSF Director granted a
limited project waiver of section 1605 of
the Recovery Act (Buy American
provision) with respect to the bow
thruster that will be used in the ARRV.
The basis for this waiver is section
1605(b)(2) of the Recovery Act, in that
360-degree azimuthing, 686-kW (920
hp), ice certified bow thrusters of
satisfactory quality are not produced in
the United States in sufficient and
reasonably available commercial
quantities. The cost of the bow thruster
represents approximately 0.5% of the
total $148 million Recovery Act award
provided toward construction of the
ARRV.
SUPPLEMENTARY INFORMATION:
I. Background
The Recovery Act appropriated $400
million to NSF for several projects being
funded by the Foundation’s Major
Research Equipment and Facilities
Construction (MREFC) account. The
ARRV is one of NSF’s MREFC projects.
Section 1605(a) of the Recovery Act, the
Buy American provision, states that
none of the funds appropriated by the
Act ‘‘may be used for a project for the
construction, alteration, maintenance, or
repair of a public building or public
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work unless all of the iron, steel, and
manufactured goods used in the project
are produced in the United States.’’
The ARRV has been developed under
a cooperative agreement awarded to the
University of Alaska, Fairbanks (UAF)
that began in 2007. Shipyard selection
is complete and UAF executed the
construction contract in December 2009.
The purpose of the Recovery Act is to
stimulate economic recovery in part by
funding current construction projects
like the ARRV that are ‘‘shovel ready’’
without requiring projects to revise their
standards and specifications, or to
restart the bidding process again.
Subsections 1605(b) and (c) of the
Recovery Act authorize the head of a
Federal department or agency to waive
the Buy American provision if the head
of the agency finds that: (1) Applying
the provision would be inconsistent
with the public interest; (2) the relevant
goods are not produced in the United
States in sufficient and reasonably
available quantities and of a satisfactory
quality; or (3) the inclusion of the goods
produced in the United States will
increase the cost of the project by more
than 25 percent. If the head of the
Federal department or agency waives
the Buy American provision, then the
head of the department or agency is
required to publish a detailed
justification in the Federal Register.
Finally, section 1605(d) of the Recovery
Act states that the Buy American
provision must be applied in a manner
consistent with the United States’
obligations under international
agreements.
II. Finding That Relevant Goods Are
Not Produced in the United States in
Sufficient and Reasonably Available
Quality
The vessel’s operational design
requirements, as set forth in the Science
Mission Requirements and documented
in the UAF’s proposal, dictate two
particular bow thruster specifications:
(1) A certification for use in ice to
permit independent operations in the
Arctic; and (2) a requirement to hold the
ship in a specific location or orientation
for science operations. Consequently, a
design was prepared that included a
bow thruster and an ice wedge located
on the hull. An ice wedge is a projection
at the front of a vessel below the water
line that moves ice to the sides as the
bow breaks and pushes it down. This
particular hull form, together with the
requirements to hold the ship in a
certain position at sea, further
constrains the bow thruster design,
resulting in the following four technical
requirements of any bow thruster for
this particular vessel:
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Agencies
[Federal Register Volume 75, Number 39 (Monday, March 1, 2010)]
[Notices]
[Pages 9255-9256]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4060]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Modification of Consent Decree Under the
Comprehensive Environmental Response, Compensation and Liability Act
Notice is hereby given that on February 23, 2010, a proposed
Consent Decree in United States v. Schlumberger Technology Corporation,
Civil Action No. 2:10-cv-00783-TON, D.J. Ref. 90-
[[Page 9256]]
11-3-09285 was lodged with the United States District Court for the
Eastern District of Pennsylvania.
In this action the United States sought reimbursement of response
costs incurred in connection with the release or threatened release of
hazardous substances at the North Penn 12 Superfund Site, Worcester
Township, Montgomery County, Pennsylvania (the ``Site''). The Consent
Decree obligates the Settling Defendant to reimburse $10,429.94 of the
United States' past response costs paid in connection with the Site,
and to pay future response costs to be incurred by the United States at
the Site as well.
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 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. Schlumberger Technology Corporation, Civil Action No.
2:10-cv-00783-TON, D.J. Ref. 90-11-3-09285.
The Consent Decree may be examined at the Office of the United
States Attorney, Eastern District of Pennsylvania, 615 Chestnut Street,
Suite 1250 Philadelphia, PA 19106, and at U.S. EPA Region 3. 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 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 $6.75 (@ 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 Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2010-4060 Filed 2-26-10; 8:45 am]
BILLING CODE 4410-15-P