81_FR_41472 81 FR 41350 - Notice of Lodging of Proposed Consent Decree Under the Resource Conservation and Recovery Act

81 FR 41350 - Notice of Lodging of Proposed Consent Decree Under the Resource Conservation and Recovery Act

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 122 (June 24, 2016)

Page Range41350-41351
FR Document2016-15013

Federal Register, Volume 81 Issue 122 (Friday, June 24, 2016)
[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)]
[Notices]
[Pages 41350-41351]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15013]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Resource 
Conservation and Recovery Act

    On June 20, 2016, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Northern 
District of Georgia in the lawsuit entitled United States and State of 
Georgia v. Metal Conversion Technologies, LLC, et al., Civil Action No. 
4:16-cv-00168-HLM.
    The United States of America (``United States''), on behalf of the 
Administrator of the United States Environmental Protection Agency 
(``EPA''), and the State of Georgia on behalf of the Environmental 
Protection Division of the Georgia Department of Natural Resources, 
(``State'') (collectively, ``Plaintiffs), filed a complaint against 
Metal Conversion Technologies, LLC, John Patterson, and 1 Porter 
Street, LLC (``Defendants'')

[[Page 41351]]

pursuant to the Solid Waste Disposal Act (``SWDA''), as amended by the 
Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6901 et 
seq. and the Georgia Comprehensive Solid Waste Management Act, O.C.G.A. 
Sec. Sec.  12-8-24 et seq. The complaint state eight claims for relief: 
Failure to make hazardous waste determinations; transportation, 
manifest, and packaging violations; failure to comply with land 
disposal restrictions applicable to hazardous waste; failure to obtain 
a permit for operation of a hazardous waste treatment, storage, and 
disposal facility; failure to obtain a permit for operation of a 
universal waste destination facility; failure to comply with universal 
waste handler regulations; failure to comply with record retention 
requirements; and failure to comply with the Georgia Comprehensive 
Solid Waste Management Act. The proposed consent decree requires the 
Defendants to pay a $25,000 civil penalty and perform injunctive relief 
to determine the extent of and remediate any disposals of hazardous 
waste. In return, the United States and State of Georgia agree not to 
sue for the claims alleged in the complaint.
    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 and State of Georgia v. Metal 
Conversion Technologies, LLC, D.J. Ref. No. 90-7-1-10141. 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.................................  [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.
    Please enclose a check or money order for $25.50 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy without the exhibits and signature pages, the cost is $19.75.

Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2016-15013 Filed 6-23-16; 8:45 am]
 BILLING CODE 4410-CW-P



                                                41350                           Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Notices

                                                Commission should contact the Office                    components thereof by reason of                           Responses to the amended complaint
                                                of the Secretary at (202) 205–2000.                     infringement of the ’656 trademark, and                and the notice of investigation must be
                                                General information concerning the                      whether an industry in the United                      submitted by the named respondents in
                                                Commission may also be obtained by                      States exists as required by subsection                accordance with section 210.13 of the
                                                accessing its internet server at http://                (a)(2) of section 337;                                 Commission’s Rules of Practice and
                                                www.usitc.gov. The public record for                       (2) For the purpose of the                          Procedure, 19 CFR 210.13. Pursuant to
                                                this investigation may be viewed on the                 investigation so instituted, the following             19 CFR 201.16(e) and 210.13(a), such
                                                Commission’s electronic docket (EDIS)                   are hereby named as parties upon which                 responses will be considered by the
                                                at http://edis.usitc.gov.                               this notice of investigation shall be                  Commission if received not later than 20
                                                FOR FURTHER INFORMATION CONTACT: The                    served:                                                days after the date of service by the
                                                Office of Unfair Import Investigations,                    (a) The complainants are:                           Commission of the amended complaint
                                                U.S. International Trade Commission,                    Laerdal Medical Corp., 167 Myers                       and the notice of investigation.
                                                telephone (202) 205–2560.                                  Corners Road, Wappingers Falls, NY                  Extensions of time for submitting
                                                                                                           12590                                               responses to the amended complaint
                                                  Authority: The authority for institution of           Laerdal Medical AS, 30 Tanke
                                                this investigation is contained in section 337                                                                 and the notice of investigation will not
                                                of the Tariff Act of 1930, as amended, and                 Svilandsgate, Stavanger, Norway N–                  be granted unless good cause therefor is
                                                in section 210.10 of the Commission’s Rules                4002                                                shown.
                                                of Practice and Procedure, 19 CFR 210.10                   (b) The respondents are the following                  Failure of a respondent to file a timely
                                                (2016).                                                 entities alleged to be in violation of                 response to each allegation in the
                                                                                                        section 337, and are the parties upon                  amended complaint and in this notice
                                                   Scope of Investigation: Having                                                                              may be deemed to constitute a waiver of
                                                                                                        which the amended complaint is to be
                                                considered the complaint, as amended,                                                                          the right to appear and contest the
                                                                                                        served:
                                                the U.S. International Trade                                                                                   allegations of the amended complaint
                                                Commission, on June 20, 2016, ordered                   Shanghai Evenk International Trading
                                                                                                           Co., Ltd., Aijia International Building,            and this notice, and to authorize the
                                                that—                                                                                                          administrative law judge and the
                                                   (1) Pursuant to subsection (b) of                       #288 Wuhua Road, Bldg. No. 1, 5th
                                                                                                           Floor, Shanghai, China, 200086                      Commission, without further notice to
                                                section 337 of the Tariff Act of 1930, as
                                                                                                        Shanghai Honglian Medical Instrument,                  the respondent, to find the facts to be as
                                                amended, an investigation be instituted
                                                                                                           Development Co., Ltd., Aijia                        alleged in the amended complaint and
                                                to determine:
                                                   (a) Whether there is a violation of                     International Building, #288 Wuhua                  this notice and to enter an initial
                                                subsection (a)(1)(A) of section 337 in the                 Road, Bldg. No. 1, 5th Floor,                       determination and a final determination
                                                importation into the United States, or in                  Shanghai, China, 200086                             containing such findings, and may
                                                the sale of certain carbon spine board,                 Shangahi Jolly Medical Education Co.,                  result in the issuance of an exclusion
                                                cervical collar, CPR masks and various                     Ltd., # 8 Jinting Road, Pudong New                  order or a cease and desist order or both
                                                                                                           Area, Shanghai, China 201323                        directed against the respondent.
                                                medical training manikin devices, and
                                                                                                        Zhangjiagang Xiehe Medical Apparatus                     By order of the Commission.
                                                trademarks, copyrights of product
                                                                                                           & Instruments Co., Ltd., FuGang
                                                catalogues, product inserts and                            Building, #6B RenMin Street,                          Issued: June 20, 2016.
                                                components thereof by reason of trade                      Zhangjiagang City, Jiangsu, China                   Lisa R. Barton,
                                                dress misappropriation and                                 215600                                              Secretary to the Commission.
                                                infringement, the threat or effect of                   Zhangjiagang New Fellow Med Co.,                       [FR Doc. 2016–14909 Filed 6–23–16; 8:45 am]
                                                which is to destroy or substantially                       Ltd., Sanxing Wukesong Road, Jinfeng                BILLING CODE 7020–02–P
                                                injure an industry in the United States;                   Town, Zhangjiagang City, Jiangsu
                                                   (b) whether there is a violation of                     Province, China 215624
                                                subsection (a)(1)(B) of section 337 in the              Jiangsu Yongxin Medical Equipment
                                                importation into the United States, the                                                                        DEPARTMENT OF JUSTICE
                                                                                                           Co., Ltd., 204 New State Road, Leyu
                                                sale for importation, or the sale within                   Town, Zhangjiagang City, Jiangsu                    Notice of Lodging of Proposed
                                                the United States after importation of                     Province, China 2156000                             Consent Decree Under the Resource
                                                certain carbon spine board, cervical                    Jiangsu Yongxin Medical-Use Facilities                 Conservation and Recovery Act
                                                collar, CPR masks and various medical                      Making, Co., Ltd., 204 New State
                                                training manikin devices, and                              Road, Leyu Town, Zhangjiagang City,                    On June 20, 2016, the Department of
                                                trademarks, copyrights of product                          Jiangsu Provice, China 2156000                      Justice lodged a proposed consent
                                                catalogues, product inserts and                         Jiangyin Everise Medical Devices Co.,                  decree with the United States District
                                                components thereof by reason of                            Ltd., No. 1001 Chengyang Road,                      Court for the Northern District of
                                                infringement of one or more of claim 1                     Jiangyin City, Jiangsu, China 214423                Georgia in the lawsuit entitled United
                                                of the ’058 patent; the ’023 copyright;                 Medsource International Co., Ltd. and                  States and State of Georgia v. Metal
                                                and the ’026 copyright, and whether an                     Medsource Factory, Inc., No. 1703                   Conversion Technologies, LLC, et al.,
                                                industry in the United States exists as                    Building 11#, Lane 225, Jinxiang                    Civil Action No. 4:16–cv–00168–HLM.
                                                required by subsection (a)(2) of section                   Road, PuDong, China 201206                             The United States of America
                                                337;                                                    Basic Medical Supply, LLC, 19902 Flax                  (‘‘United States’’), on behalf of the
                                                   (c) whether there is a violation of                     Flower Drive, Richmond, TX 77407                    Administrator of the United States
                                                subsection (a)(1)(C) of section 337 in the                 (c) The Office of Unfair Import                     Environmental Protection Agency
                                                importation into the United States, the                 Investigations, U.S. International Trade               (‘‘EPA’’), and the State of Georgia on
sradovich on DSK3GDR082PROD with NOTICES




                                                sale for importation, or the sale within                Commission, 500 E Street SW., Suite                    behalf of the Environmental Protection
                                                the United States after importation of                  401, Washington, DC 20436; and                         Division of the Georgia Department of
                                                certain carbon spine board, cervical                       (3) For the investigation so instituted,            Natural Resources, (‘‘State’’)
                                                collar, CPR masks and various medical                   the Chief Administrative Law Judge,                    (collectively, ‘‘Plaintiffs), filed a
                                                training manikin devices, and                           U.S. International Trade Commission,                   complaint against Metal Conversion
                                                trademarks, copyrights of product                       shall designate the presiding                          Technologies, LLC, John Patterson, and
                                                catalogues, product inserts and                         Administrative Law Judge.                              1 Porter Street, LLC (‘‘Defendants’’)


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                                                                                    Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Notices                                           41351

                                                pursuant to the Solid Waste Disposal                       Consent Decree Library, U.S. DOJ—                      reviewed has not been determined, in
                                                Act (‘‘SWDA’’), as amended by the                            ENRD, P.O. Box 7611, Washington,                     part because the development of the
                                                Resource Conservation and Recovery                           DC 20044–7611.                                       FSDR testimonial standards, against
                                                Act (‘‘RCRA’’), 42 U.S.C. 6901 et seq.                       Please enclose a check or money order                which the testimony of Department
                                                and the Georgia Comprehensive Solid                        for $25.50 (25 cents per page                          personnel will be compared, is ongoing.
                                                Waste Management Act, O.C.G.A. §§ 12–                      reproduction cost) payable to the United                 The Department is undertaking this
                                                8–24 et seq. The complaint state eight                     States Treasury. For a paper copy                      review because it is good management
                                                claims for relief: Failure to make                         without the exhibits and signature                     to conduct macro-level program reviews
                                                hazardous waste determinations;                            pages, the cost is $19.75.                             and not because of known or suspected
                                                transportation, manifest, and packaging                                                                           problems with particular forensic
                                                                                                           Jeffrey Sands,
                                                violations; failure to comply with land                                                                           science disciplines. The draft
                                                disposal restrictions applicable to                        Assistant Section Chief, Environmental
                                                                                                                                                                  methodology proposes specific
                                                                                                           Enforcement Section, Environment and
                                                hazardous waste; failure to obtain a                       Natural Resources Division.                            methodological decisions to evaluate
                                                permit for operation of a hazardous                                                                               testimony and seeks comment on
                                                                                                           [FR Doc. 2016–15013 Filed 6–23–16; 8:45 am]
                                                waste treatment, storage, and disposal                                                                            additional issues. All elements in the
                                                                                                           BILLING CODE 4410–CW–P
                                                facility; failure to obtain a permit for                                                                          draft methodology are subject to
                                                operation of a universal waste                                                                                    revision and comment is invited.
                                                destination facility; failure to comply                    DEPARTMENT OF JUSTICE                                    Posting of Public Comments: To
                                                with universal waste handler                                                                                      ensure proper handling of comments,
                                                regulations; failure to comply with                        [Docket No. OLP 158]                                   please reference ‘‘Docket No. OLP 158’’
                                                record retention requirements; and                                                                                on all electronic and written
                                                failure to comply with the Georgia                         Notice of Public Comment Period on                     correspondence. The Department
                                                Comprehensive Solid Waste                                  the Presentation of the Forensic                       encourages all comments on this draft
                                                Management Act. The proposed consent                       Science Discipline Review Framework                    methodology be submitted
                                                decree requires the Defendants to pay a                    AGENCY:   Department of Justice.                       electronically through
                                                $25,000 civil penalty and perform                                                                                 www.regulations.gov using the
                                                                                                           ACTION:   Notice.
                                                injunctive relief to determine the extent                                                                         electronic comment form provided on
                                                of and remediate any disposals of                          SUMMARY:  This notice announces the                    that site. Paper comments that duplicate
                                                hazardous waste. In return, the United                     opening of the public comment period                   the electronic submission are not
                                                States and State of Georgia agree not to                   on the Forensic Science Discipline                     necessary as all comments submitted to
                                                sue for the claims alleged in the                          Review (FSDR) of testimony draft                       www.regulations.gov will be posted for
                                                complaint.                                                 methodology.                                           public review and are part of the official
                                                   The publication of this notice opens                                                                           docket record.
                                                                                                           DATES: Written public comment
                                                a period for public comment on the                                                                                  In accordance with the Federal
                                                                                                           regarding the draft methodology should
                                                proposed consent decree. Comments                                                                                 Records Act, please note that all
                                                                                                           be submitted through
                                                should be addressed to the Assistant                                                                              comments received are considered part
                                                                                                           www.regulations.gov before August 1,
                                                Attorney General, Environment and                                                                                 of the public record, and shall be made
                                                                                                           2016.
                                                Natural Resources Division, and should                                                                            available for public inspection online at
                                                refer to United States and State of                        FOR FURTHER INFORMATION CONTACT:      The              www.regulations.gov. The comments to
                                                Georgia v. Metal Conversion                                Office of Legal Policy, 950 Pennsylvania               be posted may include personally
                                                Technologies, LLC, D.J. Ref. No. 90–7–1–                   Avenue NW., Washington, DC 20530, by                   identifiable information (such as your
                                                10141. All comments must be submitted                      phone at 202–514–4601 or via email at                  name, address, etc.) and confidential
                                                no later than thirty (30) days after the                   FSDR.OLP@usdoj.gov.                                    business information voluntarily
                                                publication date of this notice.                           SUPPLEMENTARY INFORMATION:                             submitted by the commenter.
                                                Comments may be submitted either by                           The goal of the Forensic Science                      DOJ will post all comments received
                                                email or by mail:                                          Discipline Review (FSDR) of testimony                  on www.regulations.gov without making
                                                                                                           is to advance the use of forensic science              any changes to the comments or
                                                 To submit comments:                Send them to:          in the courtroom by understanding its                  redacting any information, including
                                                                                                           use in recent cases and to facilitate any              any personally identifiable information
                                                By e-mail ...................    pubcomment-               necessary steps to ensure that expert                  provided. It is the responsibility of the
                                                                                   ees.enrd@
                                                                                   usdoj.gov.
                                                                                                           forensic testimony is consistent with                  commenter to safeguard personally
                                                By mail ......................   Assistant Attorney        scientific principles and just outcomes.               identifiable information. You are not
                                                                                   General, U.S.           In order to accomplish this goal, the                  required to submit personally
                                                                                   DOJ—ENRD, P.O.          Department is planning a Department-                   identifying information in order to
                                                                                   Box 7611, Wash-         level review of forensic testimony by                  comment on this presentation DOJ
                                                                                   ington, DC 20044–       Department personnel beginning with                    recommends that commenters not
                                                                                   7611.                   an examination of FBI testimony. The                   include personally identifiable
                                                                                                           Department proposes to review and                      information such as Social Security
                                                  During the public comment period,                        evaluate trial testimony provided by FBI               Numbers, personal addresses, telephone
                                                the consent decree may be examined                         forensic examiners in several forensic                 numbers, and email addresses that they
                                                and downloaded at this Justice                             disciplines in state and federal cases for             do not want made public in their
sradovich on DSK3GDR082PROD with NOTICES




                                                Department Web site: https://                              a five-year period (2008–2012). All cases              comments as such submitted
                                                www.justice.gov/enrd/consent-decrees.                      in which an FBI examiner testified in                  information will be available to the
                                                We will provide a paper copy of the                        these disciplines—and for which a                      public via www.regulations.gov.
                                                consent decree upon written request                        transcript can be obtained—are                         Comments submitted through
                                                and payment of reproduction costs.                         proposed to be reviewed. Which                         www.regulations.gov will not include
                                                Please mail your request and payment                       disciplines will be reviewed and the                   the email address of the commenter
                                                to:                                                        order in which disciplines will be                     unless the commenter chooses to


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Document Created: 2016-06-24 00:52:56
Document Modified: 2016-06-24 00:52:56
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 41350 

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