Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 51482-51483 [2010-20656]

Download as PDF sroberts on DSKD5P82C1PROD with NOTICES 51482 Federal Register / Vol. 75, No. 161 / Friday, August 20, 2010 / Notices Commission has determined to grant Respondents’ motions for leave. On May 10, 2010, Complainants filed their own petition seeking modification of the Commission’s remedial orders. On May 27, 2010, the IA and Respondents filed responses to Complainants’ petition for modification of the Commission’s remedial orders. Having examined the petitions seeking modification of the limited exclusion order and the cease-and-desist orders, and the responses thereto, the Commission determined that Respondents’ petition complies with 19 U.S.C. 1337(k)(2) and 19 CFR 210.76(a), but that Complainants’ petition does not. Accordingly, the Commission has determined to institute a modification proceeding to consider Respondents’ petition, and has delegated the proceeding to the Chief Administrative Law Judge for assignment to a presiding administrative law judge. While Broadcom’s allegations of changed circumstances do not warrant the institution of a modification proceeding under Commission rule 210.76, the party might find a formal enforcement proceeding under rule 210.75(b) a more suitable avenue to address its concerns. In fact, the Commission indicated as much in 2009 when it declined Broadcom’s request to initiate an informal enforcement proceeding under 210.75(a), in light of ‘‘the factual nature of the allegations’’ in the request. Separate from the particular dispute at issue in this investigation, the Commission is preparing to commence the third in a series of five-year surveys on the effectiveness of section 337 exclusion orders. As indicated when the Commission gave notice of its survey preparations, it will seek feedback on the experience of complainants ‘‘in policing the exclusion order, particularly with respect to any investigatory efforts and any interactions with U.S. Customs and Border Protection.’’ 75 FR 8398 (Feb. 24, 2010). After evaluating the survey responses, the Commission may consider whether there are any appropriate actions for the Commission to undertake to enhance the effectiveness of the orders. 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 in section 210.76 of the Commission’s Rules of Practice and Procedure (19 CFR 210.76). By order of the Commission. VerDate Mar<15>2010 17:19 Aug 19, 2010 Jkt 220001 Issued: August 16, 2010. Marilyn R. Abbott, Secretary to the Commission. Electric Blankets From China: Investigation No. 731–TA–1163 (Final). [FR Doc. 2010–20674 Filed 8–19–10; 8:45 am] BILLING CODE 7020–02–P By order of the Commission. Issued: August 10, 2010. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–20671 Filed 8–19–10; 8:45 am] INTERNATIONAL TRADE COMMISSION BILLING CODE 7020–02–P [Investigation No. 731–TA–1163 (Final)] Woven Electric Blankets From China DEPARTMENT OF JUSTICE Determination On the basis of the record 1 developed in the subject investigation, the United States International Trade Commission (Commission) determines, pursuant to section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act), that an industry in the United States is materially injured by reason of imports from China of woven electric blankets, provided for in subheading 6301.10.00 of the Harmonized Tariff Schedule of the United States, that have been found by the Department of Commerce (Commerce) to be sold in the United States at less than fair value (LTFV). Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Background The Commission instituted this investigation effective June 30, 2009, following receipt of a petition filed with the Commission and Commerce by Sunbeam Products, Inc., doing business as Jarden Consumer Solutions, Boca Raton, FL. The final phase of the investigation was scheduled by the Commission following notification of a preliminary determination by Commerce that imports of woven electric blankets from China were being sold at LTFV within the meaning of section 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission’s investigation and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of March 11, 2010 (75 FR 11557). The hearing was held in Washington, DC, on June 29, 2010, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission transmitted its determination in this investigation to the Secretary of Commerce on August 10, 2010. The views of the Commission are contained in USITC Publication 4177 (August 2010), entitled Woven 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 Notice is hereby given that on August 11, 2010, a proposed Consent Decree (‘‘Decree’’) in United States and the State of South Dakota v. Jeraldine Borsch Fahrni, the Chester A. Borsch, Jr. Trust, and Chester A. Borsch, Jr. as Trustee of the Chester A. Borsch, Jr. Trust, Case No. 5:10–CV–05068–JLV, was lodged with the United States District Court for the District of South Dakota, Western Division. The case was brought under Sections 107(a) and 113(g)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’), 42 U.S.C. §§ 9607(a) and 9613(g)(2), for the recovery of response costs related to the cleanup at the Gilt Edge Mine Superfund Site (‘‘Site’’) in Lawrence County, South Dakota. The Consent Decree requires the Defendants to confess to (1) entry of judgment in the amount of $890,000; (2) agree to transfer the Site properties they own to the State of South Dakota; and (3) assign any insurance coverage related to the Site to the United States. The United States and the State of South Dakota filed a Complaint simultaneous with the Consent Decree alleging that the Defendants are jointly and severally liable for response costs related to the cleanup at the Gilt Edge Mine Superfund Site in Lawrence County, South Dakota. 42 U.S.C. 9607(a), 9613(g)(2). The Consent Decree would resolve the claims against the Defendants as described in the Complaint. 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 the 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 E:\FR\FM\20AUN1.SGM 20AUN1 Federal Register / Vol. 75, No. 161 / Friday, August 20, 2010 / Notices States and the State of South Dakota v. Jeraldine Borsch Fahrni, the Chester A. Borsch, Jr. Trust, and Chester A. Borsch, Jr. as Trustee of the Chester A. Borsch, Jr. Trust, Case No. 5:10–CV–05068–JLV, D.J. Ref. No. 90–11–3–08278/2. The Decree may be examined at the Office of the United States Attorney, District of South Dakota, 515 Ninth Street, Suite 201, Rapid City, South Dakota 57701. It also may be examined at the offices of U.S. EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202. 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 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 copies 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. 2010–20656 Filed 8–19–10; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE sroberts on DSKD5P82C1PROD with NOTICES Notice of Lodging of Consent Decrees Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Notice is hereby given that on August 4, 2010, two proposed Consent Decrees (‘‘Decrees’’) in United States and the State of South Dakota v. Patricia F. Repke and the Ruth E. Hankins Revocable Trust, Case No. 5:10–CV– 05062–JLV, were lodged with the United States District Court for the District of South Dakota, Western Division. The case was brought under Sections 107(a) and 113(g)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9607(a) and 9613(g)(2), for the recovery of response costs related to the cleanup at the Gilt Edge Mine Superfund Site (‘‘Site’’) in Lawrence County, South Dakota. VerDate Mar<15>2010 17:19 Aug 19, 2010 Jkt 220001 The Consent Decrees require Patricia F. Repke and the Ruth E. Hankins Revocable Trust to: (1) Confess to $235,000 and $450,000 judgments, respectively; (2) agree to transfer the Site properties they own to the State of South Dakota; and (3) assign any insurance coverage related to the Site to the United States. The United States and the State of South Dakota filed a Complaint simultaneous with the Consent Decrees alleging that the Defendants are jointly and severally liable for response costs related to the cleanup at the Gilt Edge Mine Superfund Site in Lawrence County, South Dakota. 42 U.S.C. 9607(a), 9613(g)(2). The Consent Decrees would resolve the claims against the Defendants as described in the Complaint. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Decrees. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to the pubcommentees.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 and the State of South Dakota v. Patricia F. Repke and the Ruth E. Hankins Revocable Trust, Case No. 5:10–CV– 05062–JLV, D.J. Ref. No. 90–11–3– 08278/3. The Decrees may be examined at the Office of the United States Attorney, District of South Dakota, 515 Ninth Street, Suite 201, Rapid City, South Dakota 57701. They also may be examined at the offices of U.S. EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202. During the public comment period, the Decrees may be examined on the following Department of Justice Web site, https:// www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the Decrees 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 copies from the Consent Decree Library, please enclose a check in the amount of $17.25 (25 cents per page reproduction cost)($8.50 for a copy of the Consent Decree related to Patricia F. Repke)($8.75 for a copy of the Consent Decree related to the Ruth E. Hankins Revocable Trust) payable to the U.S. Treasury or, if by e-mail or fax, forward PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 51483 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. 2010–20654 Filed 8–19–10; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Clean Air Act Notice is hereby given that on August 9, 2010, a proposed Consent Decree in United States v. Middlesex County Utilities Authority, et al., Civil Action No. 3:10–cv–04058–MLC–LHG, was filed with the United States District Court for the District of New Jersey. In this action, the United States sought penalties and injunctive relief for the Defendants’ violations of the Clean Air Act, 42 U.S.C. 7411 et seq., and the New Jersey Air Pollution Control Act, N.J.S.A. 26:2C–1 et seq., at the Middlesex County landfill in East Brunswick, New Jersey. To resolve the United States’ claims, the Defendants will pay a penalty of $1,330,150 to the United States and New Jersey, and shall upgrade the Middlesex County Landfill Gas Collection and Control System, and operate that system in compliance with regulations promulgated pursuant to the Clean Air Act. 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 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 either: United States v. Middlesex County Utilities Authority, et al., Civil Action No. 3:10–cv–04058–MLC–LHG, or D.J. Ref. 90–5–2–1–09328. The Consent Decree may be examined at the Office of the United States Attorney, District of New Jersey, 970 Broad Street, Room 502, Newark, New Jersey 07102, and at the United States Environmental Protection Agency, 290 Broadway New York, New York 10007–1866. 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, E:\FR\FM\20AUN1.SGM 20AUN1

Agencies

Department of Justice

[Federal Register Volume 75, Number 161 (Friday, August 20, 2010)]
[Notices]
[Pages 51482-51483]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20656]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA)

    Notice is hereby given that on August 11, 2010, a proposed Consent 
Decree (``Decree'') in United States and the State of South Dakota v. 
Jeraldine Borsch Fahrni, the Chester A. Borsch, Jr. Trust, and Chester 
A. Borsch, Jr. as Trustee of the Chester A. Borsch, Jr. Trust, Case No. 
5:10-CV-05068-JLV, was lodged with the United States District Court for 
the District of South Dakota, Western Division. The case was brought 
under Sections 107(a) and 113(g)(2) of the Comprehensive Environmental 
Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 
Sec. Sec.  9607(a) and 9613(g)(2), for the recovery of response costs 
related to the cleanup at the Gilt Edge Mine Superfund Site (``Site'') 
in Lawrence County, South Dakota.
    The Consent Decree requires the Defendants to confess to (1) entry 
of judgment in the amount of $890,000; (2) agree to transfer the Site 
properties they own to the State of South Dakota; and (3) assign any 
insurance coverage related to the Site to the United States.
    The United States and the State of South Dakota filed a Complaint 
simultaneous with the Consent Decree alleging that the Defendants are 
jointly and severally liable for response costs related to the cleanup 
at the Gilt Edge Mine Superfund Site in Lawrence County, South Dakota. 
42 U.S.C. 9607(a), 9613(g)(2). The Consent Decree would resolve the 
claims against the Defendants as described in the Complaint.
    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 the 
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

[[Page 51483]]

States and the State of South Dakota v. Jeraldine Borsch Fahrni, the 
Chester A. Borsch, Jr. Trust, and Chester A. Borsch, Jr. as Trustee of 
the Chester A. Borsch, Jr. Trust, Case No. 5:10-CV-05068-JLV, D.J. Ref. 
No. 90-11-3-08278/2.
    The Decree may be examined at the Office of the United States 
Attorney, District of South Dakota, 515 Ninth Street, Suite 201, Rapid 
City, South Dakota 57701. It also may be examined at the offices of 
U.S. EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202. 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 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 copies 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. 2010-20656 Filed 8-19-10; 8:45 am]
BILLING CODE 4410-15-P

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