Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act, 38948-38949 [2014-15979]

Download as PDF sroberts on DSK5SPTVN1PROD with NOTICES 38948 Federal Register / Vol. 79, No. 131 / Wednesday, July 9, 2014 / Notices Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission has received a complaint and a submission pursuant to section 210.8(b) of the Commission’s Rules of Practice and Procedure filed on behalf of Choon’s Design Inc. on July 1, 2014. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain loom kits for creating linked articles. The complaint names as respondents Wangying of China; Island In The Sun LLC of Little Rock, AR; Quality Innovations Inc. of Irwindale, CA; Yiwu Mengwang Craft & Art Factory of China; Shenzhen Xuncent Technology Co., Ltd of China; Altatac Inc. of Los Angeles, CA; My Imports USA LLC of Edison, NJ; Jayfinn LLC of Gilbert, AZ; Creative Kidstuff, LLC of Minneapolis, MN; Hongkong Haoguan Plastic Hardware Co., of China; Blinkee.com, LLC of Fairfax, CA; Eyyup Arga of Lodi, NJ and Itcoolnomore of China. The complainant requests that the Commission issue a general exclusion order and cease and desist orders. Proposed respondents, other interested parties, and members of the public are invited to file comments, not to exceed five (5) pages in length, inclusive of attachments, on any public interest issues raised by the complaint or section 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) explain how the articles potentially subject to the requested remedial orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders; (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant’s licensees, and/or third VerDate Mar<15>2010 20:08 Jul 08, 2014 Jkt 232001 party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) explain how the requested remedial orders would impact United States consumers. Written submissions must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to section 210.4(f) of the Commission’s Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the docket number (‘‘Docket No. 3021’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures 4). Persons with questions regarding filing should contact the Secretary (202–205–2000). Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS. 5 This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 201.10 and 210.8(c) of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)). By order of the Commission. Issued: July 2, 2014. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2014–15941 Filed 7–8–14; 8:45 am] BILLING CODE 7020–02–P 4 Handbook for Electronic Filing Procedures: http://www.usitc.gov/secretary/fed_reg_notices/ rules/handbook_on_electronic_filing.pdf. 5 Electronic Document Information System (EDIS): http://edis.usitc.gov. PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act On July 2, 2014, the Department of Justice lodged a proposed consent decree with the United States District Court for the Western District of Virginia in a lawsuit entitled United States v. Appalachian Power Company and Kingsport Power Company, Civil Action No. 1:14–CV–00044. The proposed Consent Decree will resolve claims alleged under the Comprehensive Environmental Response, Compensation and Liability Act (‘‘CERCLA’’) against the Appalachian Power Company and Kingsport Power Company for costs incurred in responding to releases and threatened releases of hazardous substances at the Twin Cities Iron and Metal Site (the ‘‘Site’’) located in Bristol, Virginia. Under the proposed Consent Decree, the Defendants will pay the United States $250,250 to resolve the United States’ claims for past costs incurred at the Site. The publication of this notice opens a period for public comment on the proposed consent decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. Appalachian Power Company and Kingsport Power Company, D.J. Reference No. 90–11–3– 10712. 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 proposed consent decree may be examined and downloaded at this Justice Department Web site: http:// www.justice.gov/enrd/Consent_ Decrees.html. We will provide a paper copy of the proposed 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. E:\FR\FM\09JYN1.SGM 09JYN1 Federal Register / Vol. 79, No. 131 / Wednesday, July 9, 2014 / Notices 38949 posted on the U.S. Department of Justice, Antitrust Division’s internet Web site, filed with the Court and, under certain circumstances, published in the Federal Register. Comments should be directed to Maribeth Petrizzi, Chief, Litigation II Section, Antitrust Division, Department of Justice, 450 Fifth Street NW., Suite 8700, Washington, DC 20530 (telephone: 202– 307–0924). Elimination of competition between Martin Marietta and Texas Industries likely would give Martin Marietta the ability to raise prices or decrease the quality of service provided to these customers. As a result, the proposed acquisition likely would substantially lessen competition in the production and sale of aggregate in the Dallas area, in violation of Section 7 of the Clayton Act, 15 U.S.C. § 18. BILLING CODE 4410–15–P Patricia A. Brink, Director of Civil Enforcement. II. THE PARTIES TO THE PROPOSED TRANSACTION DEPARTMENT OF JUSTICE United States District Court for the District of Columbia United States of America, United States Department of Justice, Antitrust Division, 450 Fifth Street NW., Suite 8700, Washington, DC 20530 and State of Texas, Office of the Attorney General, Consumer Protection Division, Antitrust Section, 300 W. 15th Street, 7th Floor, Austin, TX 78701, Plaintiffs, v. Martin Marietta Materials, Inc., 2710 Wycliff Road, Raleigh, North Carolina 27607 and Texas Industries, Inc., 1503 LBJ Freeway, Suite 400, Dallas, Texas 75234, Defendants. 3. Defendant Martin Marietta is incorporated in North Carolina with its headquarters in Raleigh, North Carolina. Martin Marietta produces, distributes, and/or markets aggregate for the construction industry in 29 states. Martin Marietta also produces aggregate in Nova Scotia, Canada, and the Bahamas, which it distributes and sells at numerous terminals and yards along the East Coast of the United States. In 2013, Martin Marietta had net sales of $2.1 billion. 4. Defendant Texas Industries is incorporated in Delaware with its headquarters in Texas. Texas Industries produces, distributes, and/or markets aggregate in five states; Texas, Oklahoma, Louisiana, Arkansas and California. Texas Industries also produces asphalt concrete, ready mix concrete, and has significant cement production capabilities in California and Texas. In 2013, Texas Industries had net sales of $800 million. Please enclose a check or money order for $6.00 (25 cents per page reproduction costs) payable to the United States Treasury. For a paper copy without the exhibits and signature pages, the cost is $4.50. Robert Brook, Assistant Section Chief, Environmental Enforcement Section, Environment & Natural Resources Division. [FR Doc. 2014–15979 Filed 7–8–14; 8:45 am] Antitrust Division sroberts on DSK5SPTVN1PROD with NOTICES United States, et al. v. Martin Marietta Materials, Inc., and Texas Industries, Inc.; Proposed Final Judgment and Competitive Impact Statement Notice is hereby given pursuant to the Antitrust Procedures and Penalties Act, 15 U.S.C. 16(b)–(h), that a proposed Final Judgment, Stipulation and Competitive Impact Statement have been filed with the United States District Court for the District of Columbia in United States of America, et al. v. Martin Marietta Materials, Inc., and Texas Industries, Inc., Civil Action No. 1:14–cv–01079. On June 26, 2014, the United States and the State of Texas filed a Complaint alleging that the proposed acquisition by Martin Marietta Materials of the aggregate business assets of Texas Industries, Inc. would violate Section 7 of the Clayton Act, 15 U.S.C. 18. The proposed Final Judgment, filed the same time as the Complaint, requires the defendants to divest the North Troy quarry in Mill Creek, Oklahoma; one rail yard in Dallas, Texas; and one rail yard in Frisco, Texas. All of these assets serve parts of the Dallas, Texas area. Copies of the Complaint, proposed Final Judgment and Competitive Impact Statement are available for inspection at the Department of Justice, Antitrust Division, Antitrust Documents Group, 450 Fifth Street NW., Suite 1010, Washington, DC 20530 (telephone: 202– 514–2481), on the Department of Justice’s Web site at http:// www.usdoj.gov/atr, and at the Office of the Clerk of the United States District Court for the District of Columbia. Copies of these materials may be obtained from the Antitrust Division upon request and payment of the copying fee set by Department of Justice regulations. Public comment is invited within 60 days of the date of this notice. Such comments, including the name of the submitter, and responses thereto, will be VerDate Mar<15>2010 20:08 Jul 08, 2014 Jkt 232001 Case No.: 1:14–cv–01079 Judge: Hon. John Bates Filed: 06/26/2014 COMPLAINT Plaintiffs, the United States of America (‘‘United States’’), acting under the direction of the Attorney General of the United States, and the State of Texas, acting by and through the Attorney General of Texas, bring this civil antitrust action against Defendants Martin Marietta Materials, Inc. (‘‘Martin Marietta’’) to enjoin Martin Marietta’s proposed acquisition of Texas Industries, Inc. (‘‘Texas Industries’’). Plaintiffs complain and allege as follows: I. INTRODUCTION 1. On January 28, 2014, Martin Marietta and Texas Industries announced a definitive merger agreement valued at approximately $2.7 billion. The merger would create the largest aggregate producer in the United States, with annual net sales of nearly $3 billion. 2. The proposed acquisition would eliminate real and potential head-tohead competition between Martin Marietta and Texas Industries on price and service in supplying aggregate in the Dallas, Texas area. For a significant number of customers in the Dallas area, Martin Marietta and Texas Industries are two of the three best sources of Texas DOT-qualified aggregate. PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 III. JURISDICTION AND VENUE 5. The United States brings this action pursuant to Section 15 of the Clayton Act, 15 U.S.C. §§ 4 and 25, as amended, to prevent and restrain Defendants from violating Section 7 of the Clayton Act, 15 U.S.C. § 18. 6. The State of Texas brings this action under Section 16 of the Clayton Act, 15 U.S.C. § 26, to prevent and restrain Martin Marietta and Texas Industries from violating Section 7 of the Clayton Act, as amended, 15 U.S.C. § 18. The State of Texas, by and through the Attorney General of Texas, brings this action as parens patriae on behalf of the citizens, general welfare, and economy of the State of Texas. 7. Defendants produce and sell aggregate in the flow of interstate commerce. Defendants’ activity in the production and sale of aggregate substantially affects interstate commerce. The Court has subject matter jurisdiction over this action pursuant to Section 15 of the Clayton Act, 15 U.S.C. § 25, and 28 U.S.C. §§ 1331, 1337(a), and 1345. E:\FR\FM\09JYN1.SGM 09JYN1

Agencies

[Federal Register Volume 79, Number 131 (Wednesday, July 9, 2014)]
[Notices]
[Pages 38948-38949]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15979]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the 
Comprehensive Environmental Response, Compensation and Liability Act

    On July 2, 2014, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Western 
District of Virginia in a lawsuit entitled United States v. Appalachian 
Power Company and Kingsport Power Company, Civil Action No. 1:14-CV-
00044.
    The proposed Consent Decree will resolve claims alleged under the 
Comprehensive Environmental Response, Compensation and Liability Act 
(``CERCLA'') against the Appalachian Power Company and Kingsport Power 
Company for costs incurred in responding to releases and threatened 
releases of hazardous substances at the Twin Cities Iron and Metal Site 
(the ``Site'') located in Bristol, Virginia. Under the proposed Consent 
Decree, the Defendants will pay the United States $250,250 to resolve 
the United States' claims for past costs incurred at the Site.
    The publication of this notice opens a period for public comment on 
the proposed consent decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States v. Appalachian Power Company and 
Kingsport Power Company, D.J. Reference No. 90-11-3-10712. 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 proposed consent decree may 
be examined and downloaded at this Justice Department Web site: http://www.justice.gov/enrd/Consent_Decrees.html.
    We will provide a paper copy of the proposed 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.

[[Page 38949]]

    Please enclose a check or money order for $6.00 (25 cents per page 
reproduction costs) payable to the United States Treasury. For a paper 
copy without the exhibits and signature pages, the cost is $4.50.

Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
& Natural Resources Division.
[FR Doc. 2014-15979 Filed 7-8-14; 8:45 am]
BILLING CODE 4410-15-P