Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 17770 [2010-7825]
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17770
Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Notices
Nebraska Uniform Deceptive Trade
Practices Act, R.R.S. Neb. § 87–302
(2008). The complaint named as
respondents Bodyonics, Ltd. of
Hicksville, New York (‘‘Bodyonics’’);
EST Nutrition LLC d/b/a Engineered
Sport Technology, Inc. of Oviedo,
Florida (‘‘EST’’); Proviant Technologies,
Inc. of Champagne, Illinois (‘‘Proviant’’);
NRG–X Labs. of Bentonville, Arkansas
(‘‘NRG–X’’); and San Corporation of
Oxnard, California.
On September 29, 2009, the
Commission issued notice of its
decision not to review an ID terminating
the investigation with respect to San
Corporation on the basis of a consent
order.
On October 19, 2009, the Commission
issued notice of its determination not to
review an ID finding Bodyonics, NRG–
X, and Proviant in default. On December
23, 2009, the Commission issued notice
of its determination not to review an ID
finding respondent EST in default, and
requesting briefing on remedy, the
public interest, and bonding with
respect to the respondents found in
default. 74 FR 69146 (Dec. 30, 2009).
On January 6, 2010, UneMed
submitted briefing, requesting a limited
exclusion order, cease and desist orders,
and bonding at the level of 100 percent
of entered value during the period of
Presidential review. Also on January 6,
2010, the Commission investigative
attorney (IA) submitted briefing,
proposing the same.
The Commission found that each of
the statutory requirements of section
337(g)(1)(A)–(E), 19 U.S.C.
1337(g)(1)(A)–(E), has been met with
respect to the defaulting respondents.
Accordingly, pursuant to section
337(g)(1), 19 U.S.C. 1337(g)(1), and
Commission rule 210.16(c), 19 CFR
210.16(c), the Commission presumed
the facts alleged in the complaint to be
true.
The Commission determined that the
appropriate form of relief in this
investigation includes a limited
exclusion order prohibiting the
unlicensed entry of certain products
advertised as containing creatine ethyl
ester by reason of false advertising in
violation of Section 43(a) of the Lanham
Act, 15 U.S.C. 1125(a)(1)(B) and the
Nebraska Uniform Deceptive Trade
Practices Act, R.R.S. Neb. § 87–302
(2008). The order covers certain
products advertised as containing
creatine ethyl ester that are
manufactured abroad by or on behalf of,
or imported by or on behalf of,
respondents Bodyonics, EST, Proviant,
or NRG–X, or any of their affiliated
companies, parents, subsidiaries, or
other related business entities, or their
VerDate Nov<24>2008
15:18 Apr 06, 2010
Jkt 220001
successors or assigns. The Commission
also determined to issue cease and
desist orders prohibiting domestic
respondents Bodyonics, EST, Proviant,
or NRG–X from importing, selling,
marketing, advertising, distributing,
offering for sale, transferring (except for
exportation), and soliciting U.S. agents
or distributors for certain products
advertised as containing creatine ethyl
ester. The Commission further
determined that the public interest
factors enumerated in section 337(g)(1),
19 U.S.C. 1337(g)(1), do not preclude
issuance of the limited exclusion order
and cease and desist orders. Finally, the
Commission determined that the bond
under the limited exclusion order
during the period of Presidential review
shall be in the amount of 100 percent of
the entered value of the imported
articles. The Commission’s orders were
delivered to the President and the
United States Trade Representative on
the day of their issuance.
The Commission has therefore
terminated this investigation. The
authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and sections
210.16(c) and 210.41 of the
Commission’s Rules of Practice and
Procedure (19 CFR 210.16(c) and
§ 210.41).
Issued: April 1, 2010.
By order of the Commission.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. 2010–7829 Filed 4–6–10; 8:45 am]
BILLING CODE P
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA)
Consistent with 28 CFR 50.7, notice is
hereby given that on April 1, 2010, a
Consent Decree in United States v.
Exxon Mobil Corporation and Holcim
(US) Inc., Civil Action No. 3:10–cv–
00222–RET–CN, was lodged with the
United States District Court for the
Middle District of Louisiana.
In a complaint that was filed
simultaneously with the Consent
Decree, the United States sought from
Exxon Mobil Corporation and from
Holcim (US) Inc. costs incurred by the
United States in response to the release
or threatened release of hazardous
substances at the Coastal Radiation
Services Superfund Site in San Gabriel,
PO 00000
Frm 00090
Fmt 4703
Sfmt 9990
Iberville Parish, Louisiana. (The United
States alleges that Holcim is liable as a
result of its acquisition of and merger
with Ideal Basic Industries, formerly
known as Ideal Cement Company.) The
Site, located in part at 6745 Bayou Paul
Road, San Gabriel, Louisiana, was
contaminated with radioactive
substances, primarily cesium-137 and
thorium-232. The United States
Environmental Protection Agency
removed 111 tons of non-hazardous
debris and 4,415 cubic yards of
radioactive soil and debris.
Demobilization was complete on
January 4, 2004. As of October 31, 2007,
EPA had unreimbursed costs of
$7,542,587.
Pursuant to the Consent Decree,
Exxon Mobil Corporation will pay the
United States $4,200,000 and Holcim
(US) Inc. will pay the United States
$600,000.
The Department of Justice will receive
comments relating to the 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, P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, or submitted via e-mail to
pubcomment-ees.enrd@usdoj.gov, and
should refer to United States v. Exxon
Mobil Corporation and Holcim (US)
Inc., D.J. Ref. No. 90–11–3–07861/1.
The Consent Decree may be examined
at the Offices of the U.S. Environmental
Protection Agency, Region 6, 1445 Ross
Avenue, Dallas, Texas. 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 number (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 (25 cents per
page reproduction cost) payable to the
U.S. Treasury.
Maureen M. Katz,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2010–7825 Filed 4–6–10; 8:45 am]
BILLING CODE 4410–15–P
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Agencies
[Federal Register Volume 75, Number 66 (Wednesday, April 7, 2010)]
[Notices]
[Page 17770]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7825]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA)
Consistent with 28 CFR 50.7, notice is hereby given that on April
1, 2010, a Consent Decree in United States v. Exxon Mobil Corporation
and Holcim (US) Inc., Civil Action No. 3:10-cv-00222-RET-CN, was lodged
with the United States District Court for the Middle District of
Louisiana.
In a complaint that was filed simultaneously with the Consent
Decree, the United States sought from Exxon Mobil Corporation and from
Holcim (US) Inc. costs incurred by the United States in response to the
release or threatened release of hazardous substances at the Coastal
Radiation Services Superfund Site in San Gabriel, Iberville Parish,
Louisiana. (The United States alleges that Holcim is liable as a result
of its acquisition of and merger with Ideal Basic Industries, formerly
known as Ideal Cement Company.) The Site, located in part at 6745 Bayou
Paul Road, San Gabriel, Louisiana, was contaminated with radioactive
substances, primarily cesium-137 and thorium-232. The United States
Environmental Protection Agency removed 111 tons of non-hazardous
debris and 4,415 cubic yards of radioactive soil and debris.
Demobilization was complete on January 4, 2004. As of October 31, 2007,
EPA had unreimbursed costs of $7,542,587.
Pursuant to the Consent Decree, Exxon Mobil Corporation will pay
the United States $4,200,000 and Holcim (US) Inc. will pay the United
States $600,000.
The Department of Justice will receive comments relating to the
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, P.O. Box 7611,
U.S. Department of Justice, Washington, DC 20044-7611, or submitted via
e-mail to pubcomment-ees.enrd@usdoj.gov, and should refer to United
States v. Exxon Mobil Corporation and Holcim (US) Inc., D.J. Ref. No.
90-11-3-07861/1.
The Consent Decree may be examined at the Offices of the U.S.
Environmental Protection Agency, Region 6, 1445 Ross Avenue, Dallas,
Texas. 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 number (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
(25 cents per page reproduction cost) payable to the U.S. Treasury.
Maureen M. Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2010-7825 Filed 4-6-10; 8:45 am]
BILLING CODE 4410-15-P