81_FR_14181 81 FR 14130 - Notice of Lodging of Proposed Consent Decree Under the Clean Air Act

81 FR 14130 - Notice of Lodging of Proposed Consent Decree Under the Clean Air Act

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 51 (March 16, 2016)

Page Range14130-14131
FR Document2016-05876

Federal Register, Volume 81 Issue 51 (Wednesday, March 16, 2016)
[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14130-14131]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05876]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean Air 
Act

    On March 10, 2016, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the District 
of Maryland in the lawsuit entitled United States v. Westvaco 
Corporation, Civil Action No. 00-2602.
    Until May 2005, Westvaco owned and operated an integrated pulp and 
paper mill in Western Maryland known as the Luke Mill. The complaint 
filed by the United States alleges inter alia that Westvaco violated 
the Clean Air Act's Prevention of Significant Deterioration (``PSD'') 
regulations by making a ``major modification'' to the Luke Mill without 
first obtaining a PSD permit and without installing and operating Best 
Available Control Technology (``BACT'') to control emissions of sulfur 
dioxide from the mill's No. 25 power boiler. The United States' claim 
for civil penalties was dismissed as time barred. The United States' 
claim for injunctive relief, in the form of BACT on the No. 25 power 
boiler, was denied because Westvaco no longer owns or operates the Luke 
Mill. The consent decree requires the defendant to pay $1.6 million, 
split equally between the National Park Service and the U.S. Forest 
Service, to be used to implement projects in Shenandoah National Park 
and the Monongahela National Forest to mitigate the adverse effects of 
acidic deposition.
    The publication of this notice opens a period for public comment on 
the consent decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States v. Westvaco Corporation, D.J. Ref. No. 
90-5-2-1-06444. 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 email............................  [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 consent decree may be 
examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. 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.

[[Page 14131]]

    Please enclose a check or money order for $3.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2016-05876 Filed 3-15-16; 8:45 am]
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                                                  14130                       Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices

                                                  the ALJ’s finding of a violation of                     claim of the ’592 design patent                       Court for the District of Maryland in the
                                                  section 337. The Commission also                        manufactured abroad by or on behalf of,               lawsuit entitled United States v.
                                                  determined to review the August 21 ID                   or imported by or on behalf of, U.P.                  Westvaco Corporation, Civil Action No.
                                                  in part. On review, the Commission                      Robotics, U.P. Technology, UPTECH,                    00–2602.
                                                  determined, inter alia, to clarify that the             FreeGo China, or Roboscooters, or any                    Until May 2005, Westvaco owned and
                                                  authority for the ALJ to draw adverse                   of their affiliated companies, parents,               operated an integrated pulp and paper
                                                  inferences against respondent                           subsidiaries, or other related business               mill in Western Maryland known as the
                                                  Roboscooters for its failures to act                    entities, or their successors or assigns;             Luke Mill. The complaint filed by the
                                                  during the investigation and find                       (v) personal transporters, components                 United States alleges inter alia that
                                                  Roboscooters in violation is found in                   thereof, and manuals therefor that are                Westvaco violated the Clean Air Act’s
                                                  Commission Rule 210.17, 19 CFR                          covered by the Asserted Copyright                     Prevention of Significant Deterioration
                                                  210.17, and corrected certain apparent                  manufactured abroad by or on behalf of,               (‘‘PSD’’) regulations by making a ‘‘major
                                                  typographical errors in the ID. See 80 FR               or imported by or on behalf of, U.P.                  modification’’ to the Luke Mill without
                                                  61842–43 (Oct. 14, 2015). The                           Robotics, U.P. Technology, or UPTECH,                 first obtaining a PSD permit and without
                                                  Commission requested written                            or any of their affiliated companies,                 installing and operating Best Available
                                                  submissions on remedy, public interest,                 parents, subsidiaries, or other related               Control Technology (‘‘BACT’’) to control
                                                  and bonding. See id. at 61843.                          business entities, or their successors or             emissions of sulfur dioxide from the
                                                  Complainants and the IA timely filed                    assigns; and (c) a CDO directed against               mill’s No. 25 power boiler. The United
                                                  their submissions pursuant to the                       respondent Ecoboomer.                                 States’ claim for civil penalties was
                                                  Commission Notice. No other parties                        The Commission has further                         dismissed as time barred. The United
                                                  filed any submissions in response to the                determined that the public interest                   States’ claim for injunctive relief, in the
                                                  Commission Notice.                                      factors enumerated in subsections (d)(l),             form of BACT on the No. 25 power
                                                     Having reviewed the submissions                      (d)(2), and (f)(1) (19 U.S.C. 1337(d)(l),             boiler, was denied because Westvaco no
                                                  filed in response to the Commission’s                   (d)(2), (f)(1)) do not preclude issuance of           longer owns or operates the Luke Mill.
                                                  Notice and the evidentiary record, the                  the above-referenced remedial orders.                 The consent decree requires the
                                                  Commission has determined that the                      Additionally, the Commission has                      defendant to pay $1.6 million, split
                                                  appropriate form of relief in this                      determined that a bond in the amount                  equally between the National Park
                                                  investigation is: (a) A GEO prohibiting                 of one hundred (100) percent of the                   Service and the U.S. Forest Service, to
                                                  the unlicensed importation of certain                   entered value is required to permit                   be used to implement projects in
                                                  personal transporters covered by claims                 temporary importation of the articles in              Shenandoah National Park and the
                                                  1, 2 and 4–7 of the ’048 patent; (b) an                 question during the period of                         Monongahela National Forest to
                                                  LEO prohibiting the unlicensed entry of                 Presidential review (19 U.S.C. 1337(j)).              mitigate the adverse effects of acidic
                                                  infringing (i) personal transporters,                   The Commission has also issued an                     deposition.
                                                  components thereof, and manuals                         opinion explaining the basis for the                     The publication of this notice opens
                                                  therefor that are covered by one or more                Commission’s action. The investigation                a period for public comment on the
                                                  of claims 1 and 4 of the ’640 patent                    is terminated.                                        consent decree. Comments should be
                                                  manufactured abroad by or on behalf of,                    The Commission’s orders and the                    addressed to the Assistant Attorney
                                                  or imported by or on behalf of, the                     record upon which it based its                        General, Environment and Natural
                                                  respondents UPTECH, U.P. Technology,                    determination were delivered to the                   Resources Division, and should refer to
                                                  U.P. Robotics, FreeGo China,                            President and to the United States Trade              United States v. Westvaco Corporation,
                                                  EcoBoomer, and Roboscooters or any of                   Representative on the day of their                    D.J. Ref. No. 90–5–2–1–06444. All
                                                  their affiliated companies, parents,                    issuance. The Commission has also                     comments must be submitted no later
                                                  subsidiaries, or other related business                 notified the Secretary of the Treasury of             than thirty (30) days after the
                                                  entities, or their successors or assigns;               the orders.                                           publication date of this notice.
                                                  (ii) personal transporters, components                     The authority for the Commission’s                 Comments may be submitted either by
                                                  thereof, and manuals therefor that are                  determination is contained in section                 email or by mail:
                                                  covered by one or more of claims 1, 3,                  337 of the Tariff Act of 1930, as
                                                  and 7 of the ’607 patent manufactured                   amended (19 U.S.C. 1337), and in Part                 To submit
                                                                                                          210 of the Commission’s Rules of                                          Send them to:
                                                  abroad by or on behalf of, or imported                                                                        comments:
                                                  by or on behalf of, the respondents                     Practice and Procedure (19 CFR part
                                                                                                          210).                                                 By email .......    pubcomment-ees.enrd@
                                                  UPTECH, U.P. Technology, U.P.                                                                                                       usdoj.gov
                                                  Robotics, FreeGo China, EcoBoomer,                        By order of the Commission.                         By mail .........   Assistant Attorney General,
                                                  and Roboscooters or any of their                          Issued: March 10, 2016.                                                   U.S. DOJ—ENRD, P.O.
                                                  affiliated companies, parents,                          Lisa R. Barton,                                                             Box 7611, Washington, DC
                                                  subsidiaries, or other related business                 Secretary to the Commission.
                                                                                                                                                                                      20044–7611.
                                                  entities, or their successors or assigns;
                                                                                                          [FR Doc. 2016–05887 Filed 3–15–16; 8:45 am]
                                                  (iii) personal transporters, components                                                                         During the public comment period,
                                                                                                          BILLING CODE 7020–02–P
                                                  thereof, and manuals therefor that are                                                                        the consent decree may be examined
                                                  covered by the claim of the ’722 design                                                                       and downloaded at this Justice
                                                  patent manufactured abroad by or on                                                                           Department Web site: https://
                                                                                                          DEPARTMENT OF JUSTICE
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                                                  behalf of, or imported by or on behalf                                                                        www.justice.gov/enrd/consent-decrees.
                                                  of, U.P. Robotics, U.P. Technology, or                                                                        We will provide a paper copy of the
                                                                                                          Notice of Lodging of Proposed
                                                  UPTECH, or any of their affiliated                                                                            consent decree upon written request
                                                                                                          Consent Decree Under the Clean Air
                                                  companies, parents, subsidiaries, or                                                                          and payment of reproduction costs.
                                                                                                          Act
                                                  other related business entities, or their                                                                     Please mail your request and payment
                                                  successors or assigns; (iv) personal                      On March 10, 2016, the Department of                to: Consent Decree Library, U.S. DOJ—
                                                  transporters, components thereof, and                   Justice lodged a proposed consent                     ENRD, P.O. Box 7611, Washington, DC
                                                  manuals therefor that are covered by the                decree with the United States District                20044–7611.


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                                                                              Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices                                                  14131

                                                    Please enclose a check or money order                 1331 F Street NW., Suite 800,                         meeting. Members of the public may
                                                  for $3.75 (25 cents per page                            Washington, DC 20004–1111.                            also submit comments in writing on or
                                                  reproduction cost) payable to the United                  On April 27th and 28th, the four                    before April 15, 2016, to David
                                                  States Treasury.                                        subcommittees of the Committee will                   Berthiaume, Advisory Committee on
                                                                                                          report out on their work since the last               Increasing Competitive Integrated
                                                  Robert Brook,                                           meeting of the Committee. The four                    Employment for Individuals with
                                                  Assistant Section Chief, Environmental                  subcommittees are: The Transition to                  Disabilities, U.S. Department of Labor,
                                                  Enforcement Section, Environment and                    Careers Subcommittee, the Complexity
                                                  Natural Resources Division.
                                                                                                                                                                Suite S–1303, 200 Constitution Avenue
                                                                                                          and Needs in Delivering Competitive                   NW., Washington, DC 20210. Please
                                                  [FR Doc. 2016–05876 Filed 3–15–16; 8:45 am]             Integrated Employment Subcommittee,                   ensure that any written submission is in
                                                  BILLING CODE 4410–15–P                                  the Marketplace Dynamics                              an accessible format or the submission
                                                                                                          Subcommittee, and the Building State                  will be returned. Written statements
                                                                                                          and Local Capacity Subcommittee. Each                 deemed relevant by the Committee and
                                                  DEPARTMENT OF LABOR                                     subcommittee will have 30 minutes to                  received on or before April 15, 2016,
                                                                                                          present its most recent work for full                 will be included in the record of the
                                                  Office of Disability Employment Policy                  discussion by the Committee.                          meeting. Do not include any personally
                                                                                                            In addition, the entire Committee will              identifiable information (such as name,
                                                  Advisory Committee on Increasing                        also discuss recommendations regarding
                                                  Competitive Integrated Employment                                                                             address, or other contact information) or
                                                                                                          the AbilityOne® program. Also, the                    confidential business information that
                                                  for Individuals With Disabilities; Notice               Committee will consider
                                                  of Meeting                                                                                                    you do not want publicly disclosed.
                                                                                                          recommendations regarding the
                                                                                                          certificate program under section 14(c)               Jennifer Sheehy,
                                                    The Advisory Committee on                             of the Fair Labor Standards Act (FLSA).               Deputy Assistant Secretary, Office of
                                                  Increasing Competitive Integrated                       The whole Committee will also discuss                 Disability Employment Policy.
                                                  Employment for Individuals with                         next steps and timelines for the final                [FR Doc. 2016–05945 Filed 3–15–16; 8:45 am]
                                                  Disabilities (the Committee) was                        report.                                               BILLING CODE 4510–FK–P
                                                  mandated by section 609 of the                            During the meeting, an expert panel
                                                  Rehabilitation Act of 1973, as amended                  will present on the Pathways to Careers
                                                  by section 461 of the Workforce                         program. The Committee will also
                                                  Innovation and Opportunity Act. The                     discuss the use and oversight of                      NATIONAL AERONAUTICS AND
                                                  Secretary of Labor established the                      certificates under section 14(c) of the               SPACE ADMINISTRATION
                                                  Committee on September 15, 2014 in                      FLSA with Committee member Dr.
                                                  accordance with the provisions of the                                                                         [Notice 16–023]
                                                                                                          David Weil, the Administrator of the
                                                  Federal Advisory Committee Act, as                      Wage and Hour Division.                               Notice of Intent To Grant Exclusive
                                                  amended, 5 U.S.C. App. 2. The purpose                     Members of the public who wish to                   License
                                                  of the Committee is to study and                        address the Committee on the final
                                                  prepare findings, conclusions and                       report or other Committee related                     AGENCY: National Aeronautics and
                                                  recommendations for Congress and the                    matters during the public comment                     Space Administration.
                                                  Secretary of Labor on (1) ways to                       period of the meeting on Wednesday,                   ACTION: Notice of intent to grant
                                                  increase employment opportunities for                   April 27th between 2:45 p.m. and 3:45                 exclusive license.
                                                  individuals with intellectual or                        p.m., EDT, should send their name,
                                                  developmental disabilities or other                     their organization’s name (if applicable)             SUMMARY:   This notice is issued in
                                                  individuals with significant disabilities               and any additional materials (such as a               accordance with 35 U.S.C. 209(e) and 37
                                                  in competitive, integrated employment;                  copy of the proposed testimony) to                    CFR 404.7(a)(1)(i). NASA hereby gives
                                                  (2) the use of the certificate program                  David Berthiaume at                                   notice of its intent to grant an exclusive
                                                  carried out under section 14(c) of the                  Berthiaume.David.A@dol.gov or call Mr.                license in the United States to practice
                                                  Fair Labor Standards Act of 1938 (29                    Berthiaume at (202) 693–7887 by                       the inventions described and claimed in
                                                  U.S.C. 214(c)); and (3) ways to improve                 Friday, April 15th. Members of the                    USPN 8,577,120, Methods and Systems
                                                  oversight of the use of such certificates.              public will have the option of                        for Characterization of an Anomaly
                                                    The Committee is required to meet no                  addressing the Committee in person or                 Using Infrared Flash Thermography,
                                                  less than eight times. It is also required              remotely by phone. If the Committee                   NASA Case No. MSC–24444–1; USPN
                                                  to submit a final report to: The Secretary              receives more requests than we can                    9,066,028 Methods and Systems for
                                                  of Labor; the Senate Committee on                       accommodate during the public                         Measurement and Estimation of
                                                  Health, Education, Labor and Pensions;                  comment portion of the meeting, we                    Normalized Contrast in Infrared
                                                  and the House Committee on Education                    will select a representative sample to                Thermography, NASA Case No. MSC–
                                                  and the Workforce by September 15,                      speak and the remainder will be                       24506–1 and USSN 14/727,383 Methods
                                                  2016. The Committee terminates one                      permitted to file written statements.                 and Systems for Measurement and
                                                  day after the submission of the final                   Individuals with disabilities who need                Estimation of Normalized Contrast in
                                                  report.                                                 accommodations should also contact                    Infrared Thermography, MSC–24506–2
                                                    The next meeting of the Committee                     Mr. Berthiaume at the email address or                to Quatro Composites, LLC, having its
                                                  will take place on Wednesday, April 27,                 phone number above.                                   principal place of business in Orange
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                                                  2016, and Thursday, April 28, 2016. The                   Organizations or members of the                     City, IA. The patent rights in these
                                                  meeting will be open to the public on                   public wishing to submit comments and                 inventions have been assigned to the
                                                  Wednesday, April 27th from 8:30 a.m.                    feedback on the interim report or                     United States of America as represented
                                                  to 5:00 p.m. Eastern Daylight Time                      general feedback may do so by using the               by the Administrator of the National
                                                  (EDT). On Thursday, April 28th, the                     form found at: www.acicieid.org/                      Aeronautics and Space Administration.
                                                  meeting will be open to the public from                 comments. All comments received prior                 The prospective exclusive license will
                                                  8:00 a.m. to 4:00 p.m. EDT. The meeting                 to April 15, 2016, will be forwarded to               comply with the terms and conditions
                                                  will take place at the U.S. Access Board,               the Committee in advance of the April                 of 35 U.S.C. 209 and 37 CFR 404.7.


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Document Created: 2016-03-15 23:43:49
Document Modified: 2016-03-15 23:43:49
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation81 FR 14130 

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