Notice of Lodging of Consent Decree Pursuant to the Clean Air Act, 62661-62662 [2013-24336]

Download as PDF sroberts on DSK5SPTVN1PROD with FRONT MATTER Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Notices subject to these petitions may also be imported under statistical reporting numbers 7225.50.8085, 7225.99.0090, 7226.92.5000, 7226.92.7050, 7226.92.8050, and 7226.99.0180. Unless the Department of Commerce extends the time for initiation pursuant to sections 702(c)(1)(B) or 732(c)(1)(B) of the Act (19 U.S.C. 1671a(c)(1)(B) or 1673a(c)(1)(B)) or investigative deadlines are tolled by government closure, the Commission must reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by November 14, 2013. The Commission’s views are due at Commerce within five business days thereafter, or by November 21, 2013. For further information concerning the conduct of these investigations and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207). DATES: Effective September 30, 2013. FOR FURTHER INFORMATION CONTACT: Edward Petronzio (202–205–3176), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its Internet server (http:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background. These investigations are being instituted in response to a petition filed on September 30, 2013, by AK Steel Corporation, West Chester, Ohio. Participation in the investigations and public service list. Persons (other than petitioners) wishing to participate in the investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in sections 201.11 and 207.10 of the Commission’s rules, not later than seven days after publication of this notice in the Federal Register. Industrial users and (if the merchandise under investigation is sold at the retail level) representative consumer organizations have the right to appear as parties in Commission antidumping and VerDate Mar<15>2010 21:08 Oct 21, 2013 Jkt 232001 countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to these investigations upon the expiration of the period for filing entries of appearance. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list. Pursuant to section 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in these investigations available to authorized applicants representing interested parties (as defined in 19 U.S.C. 1677(9)) who are parties to the investigations under the APO issued in the investigations, provided that the application is made not later than seven days after the publication of this notice in the Federal Register. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Conference. The Commission’s Director of Investigations has scheduled a conference in connection with these investigations for 9:30 a.m. on October 21, 2013, at the U.S. International Trade Commission Building, 500 E Street SW., Washington, DC. Requests to appear at the conference should be filed with William.Bishop@usitc.gov and Sharon.Bellamy@usitc.gov (do not file on EDIS) on or before October 17, 2013. Parties in support of the imposition of countervailing and antidumping duties in these investigations and parties in opposition to the imposition of such duties will each be collectively allocated one hour within which to make an oral presentation at the conference. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the conference. Written submissions. As provided in sections 201.8 and 207.15 of the Commission’s rules, any person may submit to the Commission on or before October 24, 2013, a written brief containing information and arguments pertinent to the subject matter of the investigations. Parties may file written testimony in connection with their presentation at the conference no later than three days before the conference. If briefs or written testimony contain BPI, they must conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. Please be aware that the Commission’s rules with respect to electronic filing have been amended. The amendments took effect on November 7, 2011. See 76 FR 61937 (Oct. 6, 2011) and the newly revised Commission’s Handbook on E- PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 62661 Filing, available on the Commission’s Web site at http://edis.usitc.gov. In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.12 of the Commission’s rules. Issued: September 30, 2013. By order of the Commission. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–24337 Filed 10–21–13; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Pursuant to the Clean Air Act On September 30, 2013, the Department of Justice lodged a proposed Consent Decree (‘‘Decree’’) in the United States District Court for the District of South Carolina, Florence Division in the lawsuit entitled United States of America v. ConAgra Foods, Inc., and ConAgra Grocery Products, LLC, Civil Action No. 2:13-cv-02756. This Decree represents a settlement of claims against the Defendants ConAgra Foods, Inc., and ConAgra Grocery Products, LLC (‘‘Defendants’’ or ‘‘ConAgra’’) for violations of the Clean Water Act, 33 U.S.C. 1321, and Spill Prevention, Control and Countermeasure (‘‘SPCC’’) and Facility Response Plan (‘‘FRP’’) regulations found at 40 CFR part 112. The Decree requires that the Defendants pay a civil penalty of $475,000. The Decree further requires that ConAgra implement a formal tank integrity testing program in accordance with the American Petroleum Institute’s (‘‘API’’) formal standard 653. ConAgra will be required to submit a report annually to EPA summarizing the status of the tank testing and identifying which tanks were inspected during the previous calendar year and which will be inspected in the current year. The Decree provides for stipulated penalties in the event the Defendants fail to comply with the Decree’s requirements. The publication of this notice opens a period for public comment on the Consent Decree. Comments should be E:\FR\FM\22OCN1.SGM 22OCN1 62662 Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Notices addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. ConAgra Foods, Inc., and ConAgra Grocery Products, LLC, Civil Action No. 2:13-cv-02756, D. J. Ref. No. 90–5–1–1–10403. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail: To submit comments: Send them to: By e-mail ...... pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ......... During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department Web site: http:// www.usdoj.gov/enrd/Consent_ Decrees.html. We will provide a paper copy of the Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. Please enclose a check or money order for $6.25 (25 cents per page reproduction cost) payable to the United States Treasury for the Consent Decree. Henry S. Friedman, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2013–24336 Filed 10–21–13; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Drug Enforcement Administration sroberts on DSK5SPTVN1PROD with FRONT MATTER Ronald F. Lambert, D.D.S.; Decision and Order On November 17, 2011, the Deputy Assistant Administrator issued an Order to Show Cause to Ronald Lambert, D.D.S. (hereinafter, Respondent), of Longmont, Colorado. The Show Cause Order proposed the denial of Respondent’s application for a DEA VerDate Mar<15>2010 21:08 Oct 21, 2013 Jkt 232001 Certificate of Registration as a practitioner, on the ground that Respondent’s ‘‘registration would be inconsistent with the public interest.’’ Show Cause Order at 1 (citing 21 U.S.C. 823(f)). The Show Cause Order alleged that on January 1, 2011, Respondent had applied for a practitioner’s registration with authority to dispense controlled substances in schedules III through V. Id. The Order alleged that during an interview by DEA investigators, Respondent admitted to having possessed and used methamphetamine, a schedule II controlled substance, ‘‘on numerous occasions,’’ in violation of federal and state law. Id. (citing 21 U.S.C. 844(a); Colo. Rev. Stat. § 18–18– 404(1)(a)). The Order also alleged that, during the interview, Respondent also admitted to working with an outlaw motorcycle gang to improve their process of manufacturing methamphetamine. Id. at 1–2 (citations omitted). Next, the Show Cause Order alleged that on June 10, 2003, Respondent’s dental license was suspended by the Colorado State Board of Dental Examiners (hereinafter, the Board), and that on November 5, 2003, the Board revoked his license. Id. Finally, the Order alleged that on March 13, 2008, Respondent entered into a Stipulation and Final Agency Order with the Board, in which he admitted that he had a history of abusing substances including alcohol, marijuana, methamphetamine, and cocaine, as well as a criminal history that includes a conviction for burglary and a conviction for manufacturing and possession of a controlled substance. Id. The Order then alleged that the Board had placed Respondent on probation for a period of five years and had prohibited him from having controlled substances in his dental practice. Id. On November 22, 2011, the Show Cause Order, which also notified Respondent of his right to request a hearing on the allegations, or to submit a written statement of position in lieu of a hearing, the procedure for electing either option, and the consequence for failing to elect either option, was served on Respondent by certified mail addressed to him at his proposed registered location. Id. (citing 21 CFR PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 1301.43 (a)–(e), id. § 1316.47). Thereafter, on December 15, 2011, Respondent’s counsel filed a letter waiving his right to a hearing, but submitting a statement of position as to why his application should not be denied. GX 2. On August 8, 2012, the Government submitted a Request for Final Agency Action, along with the Investigative Record it had compiled. Having considered the entire record, including Respondent’s statement of position, I conclude that the evidence submitted by the Government makes out a prima facie case for denial of Respondent’s application. However, the Government concedes that Respondent has accepted responsibility for his misconduct and that he has demonstrated his sobriety for an extensive period. While the Government argues that notwithstanding these concessions, Respondent’s application should be denied for various reasons, I conclude that the Government’s arguments are not persuasive and will therefore grant Respondent’s application and order that he be issued a restricted registration. I make the following factual findings. Findings of Fact Respondent is a dentist licensed by Colorado State Board of Dental Examiners. GX 10. While on November 5, 2003, the Board revoked Respondent’s dental license based on his having engaged in substance abuse and criminal activity, on March 13, 2008, the Board approved a Stipulation and Final Agency Order, pursuant to which it reinstated Respondent’s dental license while placing him on probation for five years. Id. Respondent’s state license was last renewed on March 1, 2012 and does not expire until February 28, 2014. GX 3. In the Stipulation and Final Agency Order, Respondent admitted that he ‘‘has a history of substance abuse with alcohol, marijuana, methamphetamine and cocaine.’’ GX 10, at 1. He also admitted to having a felony conviction for manufacture and possession of a schedule II controlled substance on November 11, 2003.1 Id. 1 Respondent also admitted to a felony conviction for first degree burglary in 1983. E:\FR\FM\22OCN1.SGM 22OCN1

Agencies

[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Notices]
[Pages 62661-62662]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24336]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Clean Air Act

    On September 30, 2013, the Department of Justice lodged a proposed 
Consent Decree (``Decree'') in the United States District Court for the 
District of South Carolina, Florence Division in the lawsuit entitled 
United States of America v. ConAgra Foods, Inc., and ConAgra Grocery 
Products, LLC, Civil Action No. 2:13-cv-02756.
    This Decree represents a settlement of claims against the 
Defendants ConAgra Foods, Inc., and ConAgra Grocery Products, LLC 
(``Defendants'' or ``ConAgra'') for violations of the Clean Water Act, 
33 U.S.C. 1321, and Spill Prevention, Control and Countermeasure 
(``SPCC'') and Facility Response Plan (``FRP'') regulations found at 40 
CFR part 112. The Decree requires that the Defendants pay a civil 
penalty of $475,000. The Decree further requires that ConAgra implement 
a formal tank integrity testing program in accordance with the American 
Petroleum Institute's (``API'') formal standard 653. ConAgra will be 
required to submit a report annually to EPA summarizing the status of 
the tank testing and identifying which tanks were inspected during the 
previous calendar year and which will be inspected in the current year. 
The Decree provides for stipulated penalties in the event the 
Defendants fail to comply with the Decree's requirements.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be

[[Page 62662]]

addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, and should refer to United States v. ConAgra Foods, 
Inc., and ConAgra Grocery Products, LLC, Civil Action No. 2:13-cv-
02756, D. J. Ref. No. 90-5-1-1-10403. All comments must be submitted no 
later than thirty (30) days after the publication date of this notice. 
Comments may be submitted either by email or by mail:

------------------------------------------------------------------------
         To submit comments:                     Send them to:
------------------------------------------------------------------------
By e-mail...........................  pubcomment-ees.enrd@usdoj.gov.
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy 
of the Consent Decree upon written request and payment of reproduction 
costs. Please mail your request and payment to: Consent Decree Library, 
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $6.25 (25 cents per page 
reproduction cost) payable to the United States Treasury for the 
Consent Decree.

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2013-24336 Filed 10-21-13; 8:45 am]
BILLING CODE 4410-15-P