80 FR 79613 - Notice of Lodging of Proposed Modification To Consent Decree Under the Clean Water Act

DEPARTMENT OF JUSTICE

Federal Register Volume 80, Issue 245 (December 22, 2015)

Page Range		79613-79614
FR Document		2015-32102

Federal Register, Volume 80 Issue 245 (Tuesday, December 22, 2015)

[Federal Register Volume 80, Number 245 (Tuesday, December 22, 2015)]
[Notices]
[Pages 79613-79614]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32102]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Modification To Consent Decree 
Under the Clean Water Act

    On December 15, 2015, a proposed Modification to the 2011 Consent 
Decree in Environment Rhode Island et al. and the United States and 
Rhode Island v. City of Newport, Rhode Island, Civil Action No. 08-
265S, was filed with the United States District Court for Rhode Island.
    On October 18, 2011, the Court entered the 2011 Consent Decree 
between the parties resolving Plaintiffs' claims that the City of 
Newport violated the Clean Water Act (the ``CWA''), 33 U.S.C. 1319(b) 
and (d) resulting from Newport's operation of its sewer system and 
wastewater control plant. As part of the injunctive relief provisions 
of the 2011 Consent Decree, Newport was required to investigate the 
configuration of its sewer system and analyze additional work needed to 
eliminate discharges of sanitary sewer waste and comply with the CWA. 
That portion of the injunctive relief has been completed and the new 
information obtained during this investigation requires the alteration 
of certain deadlines and types of work contained in the 2011 Consent 
Decree.
    The publication of this notice opens a period for public comment on 
the proposed Modification to the 2011 Consent Decree. Comments should 
be addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, and should refer to: Environment Rhode Island et 
al. and the United States and Rhode Island v. City of Newport, Rhode 
Island, Civil Action No. 08-265S, D.J. Ref. 90-5-1-1-09855. 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:

[[Page 79614]]



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         To submit comments:                     Send them to:
------------------------------------------------------------------------
By e-mail...........................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the proposed Modification to the 
2011 Consent Decree may be examined and downloaded at this Justice 
Department Web site: http://www.justice.gov/enrd/consent-decrees. We 
will provide a paper copy of the proposed Modification to the 2011 
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 $5.00 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Robert E. Maher Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2015-32102 Filed 12-21-15; 8:45 am]
 BILLING CODE 4410-15-P

Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Notices 79613

Authority: The authority for Fenghua, Ningbo, Zhejiang, China the respondent, to find the facts to be as
institution of this investigation is 315500 alleged in the complaint and this notice
contained in section 337 of the Tariff Ningbo Forever Best Import & Export and to enter an initial determination
Act of 1930, as amended, and in section Co. Ltd., Bldg. A1, Phase 1, Chuangye and a final determination containing
210.10 of the Commission’s Rules of Park, Economic Development Zone, such findings, and may result in the
Practice and Procedure, 19 CFR 210.10 Yixing, Jiangsu, China 214213 issuance of an exclusion order or a cease
(2015). Ningbo Linkboy Outdoor Sports Co., and desist order or both directed against
Scope of Investigation: Having Ltd., B1, 599 Qiming Road, Xiaying the respondent.
considered the complaint, the U.S. Town, Yinzhou District, Ningbo, By order of the Commission.
International Trade Commission, on Zhejiang, China 315000 Issued: December 17, 2015.
December 16, 2015, ordered that— Shenzhen Zowaysoon Trading Company Lisa R. Barton,
(1) Pursuant to subsection (b) of Ltd., Room 1309, Jiangshi Building,
Secretary to the Commission.
section 337 of the Tariff Act of 1930, as Xintian Road, Xintian Community,
[FR Doc. 2015–32087 Filed 12–21–15; 8:45 am]
amended, an investigation be instituted Fuyong St., Baoan Area, Shenzhen,
BILLING CODE 7020–02–P
to determine: China 518100
(a) Whether there is a violation of Xiamen Xinhongyou Industrial Trade
subsection (a)(1)(B) of section 337 in the Co. Ltd., No. 100, Qianzhaili, Pantu,
importation into the United States, the Xike, Tong’an Dist., Xiamen, Fujian,
China 361100 DEPARTMENT OF JUSTICE
sale for importation, or the sale within
the United States after importation of Xiamen Zhongxinyuan Industry & Trade Notice of Lodging of Proposed
certain arrowheads with deploying Ltd., 3F, No. 68, Xihu Xincun, Xihu Modification To Consent Decree Under
blades and components thereof and Community, Xianping Street, Tongan the Clean Water Act
packaging therefor by reason of District, Xiamen, Fujian, China
infringement of one or more of claims 361111 On December 15, 2015, a proposed
38, 42, 48, 68, and 75 of the ’144 patent; Zhengzhou IRQ Trading Limited Modification to the 2011 Consent
claims 1–3, 5, and 8 of the ’454 patent; Company, Room 2402, 24th Floor, Decree in Environment Rhode Island et
claims 1 and 3 of the ’176 patent; claims Building 1# No. 40, Taoyuan Road, al. and the United States and Rhode
1 and 8 of the ’141 patent; claims 1 and Erqi District Zhengzhou, Henan, Island v. City of Newport, Rhode Island,
3 of the ’806 patent; claims 1, 5, and 10 China 450000 Civil Action No. 08–265S, was filed
of the ’298 patent; the claim of the D’962 Zhengzhou Paiao Trade Co., Ltd., No. with the United States District Court for
patent; and the claim of the D’489 602, Floor 6, Bldg. 3, South Hanghai Rhode Island.
patent, and whether an industry in the Rd., West Gongren Rd., Zhongyuan On October 18, 2011, the Court
United States exists as required by Area, Zhengzhou, Henan, China entered the 2011 Consent Decree
subsection (a)(2) of section 337; 450000 between the parties resolving Plaintiffs’
(b) whether there is a violation of (c) The Office of Unfair Import claims that the City of Newport violated
subsection (a)(1)(C) of section 337 in the Investigations, U.S. International Trade the Clean Water Act (the ‘‘CWA’’), 33
importation into the United States, the Commission, 500 E Street SW., Suite U.S.C. 1319(b) and (d) resulting from
sale for importation, or the sale within 401, Washington, DC 20436; and Newport’s operation of its sewer system
the United States after importation of (3) For the investigation so instituted, and wastewater control plant. As part of
certain arrowheads with deploying the Chief Administrative Law Judge, the injunctive relief provisions of the
blades and components thereof and U.S. International Trade Commission, 2011 Consent Decree, Newport was
packaging therefor by reason of shall designate the presiding required to investigate the configuration
infringement of the ’058 mark, and Administrative Law Judge. of its sewer system and analyze
whether an industry in the United Responses to the complaint and the additional work needed to eliminate
States exists as required by subsection notice of investigation must be discharges of sanitary sewer waste and
(a)(2) of section 337; submitted by the named respondents in comply with the CWA. That portion of
(2) For the purpose of the accordance with section 210.13 of the the injunctive relief has been completed
investigation so instituted, the following Commission’s Rules of Practice and and the new information obtained
are hereby named as parties upon which Procedure, 19 CFR 210.13. Pursuant to during this investigation requires the
this notice of investigation shall be 19 CFR 201.16(e) and 210.13(a), such alteration of certain deadlines and types
served: responses will be considered by the of work contained in the 2011 Consent
(a) The complainants are: Commission if received not later than 20 Decree.
FeraDyne Outdoors LLC, 110 Beasley days after the date of service by the The publication of this notice opens
Road, Cartersville, Georgia 30120 Commission of the complaint and the a period for public comment on the
Out RAGE LLC, 110 Beasley Road, notice of investigation. Extensions of proposed Modification to the 2011
Cartersville, Georgia 30120 time for submitting responses to the Consent Decree. Comments should be
(b) The respondents are the following complaint and the notice of addressed to the Assistant Attorney
entities alleged to be in violation of investigation will not be granted unless General, Environment and Natural
section 337, and are the parties upon good cause therefor is shown. Resources Division, and should refer to:
which the complaint is to be served: Failure of a respondent to file a timely Environment Rhode Island et al. and the
mstockstill on DSK4VPTVN1PROD with NOTICES

Linyi Junxing Sports Equipment Co., response to each allegation in the United States and Rhode Island v. City
Ltd. (Northwest Corner of Lihang) complaint and in this notice may be of Newport, Rhode Island, Civil Action
Lihang, Industrial Park, Lanshan deemed to constitute a waiver of the No. 08–265S, D.J. Ref. 90–5–1–1–09855.
District, Linyi, Shandong, China right to appear and contest the All comments must be submitted no
276000 allegations of the complaint and this later than thirty (30) days after the
Ningbo Faith Sports Co., Ltd., No. 315 notice, and to authorize the publication date of this notice.
Yuelin Street, 55 Baofeng Road East, administrative law judge and the Comments may be submitted either by
East Suburb Development Zone, Commission, without further notice to email or by mail:

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79614 Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Notices

To submit Justice, II and the James C. Justice employment for a particular occupation
Send them to:
comments: Companies, Inc. by requiring the and area so that the wages of similarly
Defendants to restore the impacted employed U.S. workers will not be
By e-mail ...... pubcomment-ees.enrd@ areas, perform mitigation as needed, and adversely affected. In this notice, the
usdoj.gov. pay a civil penalty. The Stipulation and Department announces the annual
By mail ......... Assistant Attorney General,
U.S. DOJ—ENRD, P.O. Order resolves the allegations against update of the AEWRs which must be
Box 7611, Washington, DC Defendant High Mountain Living, LLC paid for agricultural work performed by
20044–7611. by requiring the payment of a civil H–2A and U.S. workers on or after the
penalty. effective date of this notice.
During the public comment period, The Department of Justice will accept DATES: Effective Date: This notice is
the proposed Modification to the 2011 written comments relating to the effective December 22, 2015.
Consent Decree may be examined and proposed Consent Decree and FOR FURTHER INFORMATION CONTACT:
downloaded at this Justice Department Stipulation and Order for thirty (30) William W. Thompson, II, Acting
Web site: http://www.justice.gov/enrd/ days from the date of publication of this Administrator, Office of Foreign Labor
consent-decrees. We will provide a Notice. Please address comments to Certification, U.S. Department of Labor,
paper copy of the proposed Austin D. Saylor, Trial Attorney, United Box 12–200, 200 Constitution Avenue
Modification to the 2011 Consent States Department of Justice, NW., Washington, DC 20210.
Decree upon written request and Environment and Natural Resources Telephone: 202–513–7350 (this is not a
payment of reproduction costs. Please Division, Environmental Defense toll-free number).
mail your request and payment to: Section, Post Office Box 7611,
SUPPLEMENTARY INFORMATION: The U.S.
Consent Decree Library, U.S. DOJ— Washington, DC 20044, and refer to
Citizenship and Immigration Services of
ENRD, P.O. Box 7611, Washington, DC United States, et al. v. James C. Justice,
the Department of Homeland Security
20044–7611. II, et al., DJ #90–5–1–1–20019.
Please enclose a check or money order The proposed Consent Decree and will not approve an employer’s petition
for $5.00 (25 cents per page Stipulation and Order may be examined for the admission of H–2A
reproduction cost) payable to the United at the Clerk’s Office, United States nonimmigrant temporary agricultural
States Treasury. District Court for the Southern District workers in the U.S. unless the petitioner
of West Virginia (Bluefield Division), has received from the Department an
Robert E. Maher Jr., H–2A labor certification. The labor
601 Federal Street, Room 2303,
Assistant Section Chief, Environmental
Bluefield, WV 24701. In addition, the certification provides that: (1) There are
Enforcement Section, Environment and not sufficient U.S. workers who are able,
Natural Resources Division. proposed Consent Decree and
Stipulation and Order may be examined willing, and qualified and who will be
[FR Doc. 2015–32102 Filed 12–21–15; 8:45 am] available at the time and place needed
electronically at http://www.justice.gov/
BILLING CODE 4410–15–P
enrd/consent-decrees. to perform the labor or services involved
in the petition; and (2) the employment
Cherie L. Rogers, of the foreign worker(s) in such labor or
DEPARTMENT OF JUSTICE Assistant Section Chief, Environmental services will not adversely affect the
Defense Section, Environment and Natural wages and working conditions of
Notice of Lodging Proposed Consent Resources Division. workers in the U.S. similarly employed.
Decree [FR Doc. 2015–32110 Filed 12–21–15; 8:45 am] 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c)(1),
In accordance with Departmental BILLING CODE 4410–15–P and 1188(a); 8 CFR 214.2(h)(5); 20 CFR
Policy, 28 CFR 50.7, notice is hereby 655.100.
given that a proposed Consent Decree
Adverse Effect Wage Rates for 2016
and Stipulation and Order in United DEPARTMENT OF LABOR
States, et al. v. James C. Justice, II, et al., The Department’s H–2A regulations at
No. 1:15–cv–16018, were lodged with Employment and Training 20 CFR 655.120(l) provide that
the United States District Court for the Administration employers must pay their H–2A workers
Southern District of West Virginia and workers in corresponding
(Bluefield Division) on December 10, Labor Certification Process for the employment at least the highest of: (1)
2015. Temporary Employment of Aliens in The AEWR; (2) the prevailing hourly
The proposed Consent Decree and Agriculture in the United States: 2016 wage rate; (3) the prevailing piece rate;
Stipulation and Order concern a Adverse Effect Wage Rates (4) the agreed-upon collective
complaint filed by the United States and AGENCY: Employment and Training bargaining wage rate, if applicable; or
the State of West Virginia, by and Administration, Department of Labor. (5) the Federal or State minimum wage
through the West Virginia Department ACTION: Notice.
rate, in effect at the time the work is
of Environmental Protection, against performed.
James C. Justice, II, the James C. Justice SUMMARY: The Employment and Except as otherwise provided in 20
Companies, Inc., and High Mountain Training Administration (ETA) of the CFR part 655, subpart B, the region-
Living, LLC, pursuant to 33 U.S.C. 1311, Department of Labor (Department) is wide AEWR for all agricultural
1319 and 1344, and the West Virginia issuing this notice to announce the 2016 employment (except those occupations
Water Pollution Control Act, W. Va. Adverse Effect Wage Rates (AEWRs) for characterized by other than a reasonably
mstockstill on DSK4VPTVN1PROD with NOTICES

Code Chapter 22, Article 11, et seq., to the employment of temporary or regular workday or workweek as
obtain injunctive relief from and impose seasonal nonimmigrant foreign workers described in 20 CFR 655.102) for which
civil penalties against the Defendants (H–2A workers) to perform agricultural temporary H–2A certification is being
for violating the Clean Water Act by labor or services. sought is equal to the annual weighted
discharging pollutants without a permit AEWRs are the minimum wage rates average hourly wage rate for field and
into waters of the United States. The the Department has determined must be livestock workers (combined) in the
proposed Consent Decree resolves these offered and paid by employers to H–2A State or region as published annually by
allegations against Defendants James C. workers and workers in corresponding the United States Department of

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Document Created: 2015-12-22 02:31:57
Document Modified: 2015-12-22 02:31:57

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		80 FR 79613