82_FR_44650 82 FR 44467 - Notice of Lodging of Proposed Amended Consent Decree Under the Clean Air Act

82 FR 44467 - Notice of Lodging of Proposed Amended Consent Decree Under the Clean Air Act

DEPARTMENT OF JUSTICE

Federal Register Volume 82, Issue 183 (September 22, 2017)

Page Range44467-44468
FR Document2017-20183

Federal Register, Volume 82 Issue 183 (Friday, September 22, 2017)
[Federal Register Volume 82, Number 183 (Friday, September 22, 2017)]
[Notices]
[Pages 44467-44468]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20183]


=======================================================================
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DEPARTMENT OF JUSTICE


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

    On September 14, 2017, the Department of Justice lodged a proposed 
Amended Consent Decree under the Clean Air Act, 42 U.S.C. 7601 et seq., 
with the United States District Court for the Southern District of Ohio 
in the matter entitled Barbara Fisher and United States of America v. 
Perma-Fix of Dayton, Inc., Civil Action No. 3:04-cv-00418.
    The proposed Amended Consent Decree between Plaintiff United 
States, on behalf of the U.S. Environmental Protection Agency (``U.S. 
EPA'') and 1) initial Settling Defendant Perma-Fix of Dayton, Inc. 
(``Perma-Fix'') and 2) current Settling Defendant Clean Water Limited 
(``CWL''), amends the original Consent Decree entered into by the 
United States and Perma-Fix and signed by the Court on February 12, 
2008. CWL enters into the proposed Amended Decree by and through the 
Receiver of the facility appointed by the Franklin County Court of 
Common Pleas. The State of Ohio, on behalf of the Ohio Environmental 
Protection Agency (``Ohio EPA''), also enters into the

[[Page 44468]]

proposed Amended Decree by virtue of its proposed joinder as a party. 
The proposed Amended Decree would resolve alleged violations of the 
original Consent Decree and notices of violation sent to CWL by the 
U.S. EPA and Ohio EPA. The proposed Amended Consent Decree would 
terminate the original Consent Decree and be substituted for that 
Decree.
    The publication of this notice opens a period for public comment on 
the proposed Amended Decree. Comments should be addressed to the Acting 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to Barbara Fisher and United States of America v. 
Perma-Fix of Dayton, Inc., D.J. Ref. No. 90-5-2-1-08318. 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.............................  Acting Assistant Attorney General,
                                       U.S. DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the proposed Amended 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 Amended 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 $47.50 (at 25 cents per 
page reproduction cost), or $10.50 (without exhibits), payable to the 
United States Treasury.

Randall M. Stone,
Acting Assistant Section Chief, Environmental Enforcement Section, 
Environment and Natural Resources Division.
[FR Doc. 2017-20183 Filed 9-21-17; 8:45 am]
 BILLING CODE 4410-CW-P



                                 Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Notices                                                   44467

     Washington, DC 20436, telephone (202)                   its licensees, or third parties make in the           disclosed to and used: (i) By the
     205–2000.                                               United States which could replace the                 Commission, its employees and Offices,
       General information concerning the                    subject articles if they were to be                   and contract personnel (a) for
     Commission may also be obtained by                      excluded;                                             developing or maintaining the records
     accessing its Internet server at United                    (iv) indicate whether complainant,                 of this or a related proceeding, or (b) in
     States International Trade Commission                   complainant’s licensees, and/or third                 internal investigations, audits, reviews,
     (USITC) at https://www.usitc.gov. The                   party suppliers have the capacity to                  and evaluations relating to the
     public record for this investigation may                replace the volume of articles                        programs, personnel, and operations of
     be viewed on the Commission’s                           potentially subject to the requested                  the Commission including under 5
     Electronic Document Information                         exclusion order and/or a cease and                    U.S.C. Appendix 3; or (ii) by U.S.
     System (EDIS) at https://edis.usitc.gov.                desist order within a commercially                    government employees and contract
     Hearing-impaired persons are advised                    reasonable time; and                                  personnel,2 solely for cybersecurity
     that information on this matter can be                     (v) explain how the requested                      purposes. All nonconfidential written
     obtained by contacting the                              remedial orders would impact United                   submissions will be available for public
     Commission’s TDD terminal on (202)                      States consumers.                                     inspection at the Office of the Secretary
     205–1810.                                                  Written submissions must be filed no               and on EDIS.3
     SUPPLEMENTARY INFORMATION: The
                                                             later than by close of business, eight                  This action is taken under the
     Commission has received a complaint                     calendar days after the date of                       authority of section 337 of the Tariff Act
     and a submission pursuant to § 210.8(b)                 publication of this notice in the Federal             of 1930, as amended (19 U.S.C. 1337),
     of the Commission’s Rules of Practice                   Register. There will be further                       and of §§ 201.10 and 210.8(c) of the
     and Procedure filed on behalf of                        opportunities for comment on the                      Commission’s Rules of Practice and
     Dexcom, Inc. on September 18, 2017.                     public interest after the issuance of any             Procedure (19 CFR 201.10, 210.8(c)).
     The complaint alleges violations of                     final initial determination in this                     By order of the Commission.
     section 337 of the Tariff Act of 1930 (19               investigation.                                          Issued: September 18, 2017.
                                                                Persons filing written submissions
     U.S.C. 1337) in the importation into the                                                                      Lisa R. Barton,
                                                             must file the original document
     United States, the sale for importation,                                                                      Secretary to the Commission.
                                                             electronically on or before the deadlines
     and the sale within the United States                                                                         [FR Doc. 2017–20214 Filed 9–21–17; 8:45 am]
                                                             stated above and submit 8 true paper
     after importation of certain                                                                                  BILLING CODE 7020–02–P
                                                             copies to the Office of the Secretary by
     electrochemical glucose monitoring
                                                             noon the next day pursuant to § 210.4(f)
     systems and components thereof. The
                                                             of the Commission’s Rules of Practice
     complaint names as respondent                                                                                 DEPARTMENT OF JUSTICE
                                                             and Procedure (19 CFR 210.4(f)).
     AgaMatrix, Inc. of Salem, NH. The
                                                             Submissions should refer to the docket
     complainant requests that the                                                                                 Notice of Lodging of Proposed
                                                             number (‘‘Docket No. 3252’’) in a
     Commission issue a limited exclusion                                                                          Amended Consent Decree Under the
                                                             prominent place on the cover page and/
     order and a cease and desist order, and                                                                       Clean Air Act
                                                             or the first page. (See Handbook for
     impose a bond upon respondent alleged
                                                             Electronic Filing Procedures, Electronic                 On September 14, 2017, the
     infringing articles during the 60-day
                                                             Filing Procedures).1 Persons with                     Department of Justice lodged a proposed
     Presidential review period pursuant to
                                                             questions regarding filing should                     Amended Consent Decree under the
     19 U.S.C. 1337(e)(1) and (f)(1).
                                                             contact the Secretary (202–205–2000).                 Clean Air Act, 42 U.S.C. 7601 et seq.,
        Proposed respondents, other
                                                                Any person desiring to submit a                    with the United States District Court for
     interested parties, and members of the
                                                             document to the Commission in                         the Southern District of Ohio in the
     public are invited to file comments, not
                                                             confidence must request confidential                  matter entitled Barbara Fisher and
     to exceed five (5) pages in length,
                                                             treatment. All such requests should be                United States of America v. Perma-Fix
     inclusive of attachments, on any public
                                                             directed to the Secretary to the                      of Dayton, Inc., Civil Action No. 3:04–
     interest issues raised by the complaint
                                                             Commission and must include a full                    cv–00418.
     or § 210.8(b) filing. Comments should
                                                             statement of the reasons why the                         The proposed Amended Consent
     address whether issuance of the relief
                                                             Commission should grant such                          Decree between Plaintiff United States,
     specifically requested by the
                                                             treatment. See 19 CFR 201.6. Documents                on behalf of the U.S. Environmental
     complainant in this investigation would
                                                             for which confidential treatment by the               Protection Agency (‘‘U.S. EPA’’) and 1)
     affect the public health and welfare in
                                                             Commission is properly sought will be                 initial Settling Defendant Perma-Fix of
     the United States, competitive
                                                             treated accordingly. All such requests                Dayton, Inc. (‘‘Perma-Fix’’) and 2)
     conditions in the United States
                                                             should be directed to the Secretary to                current Settling Defendant Clean Water
     economy, the production of like or
                                                             the Commission and must include a full                Limited (‘‘CWL’’), amends the original
     directly competitive articles in the
                                                             statement of the reasons why the                      Consent Decree entered into by the
     United States, or United States
                                                             Commission should grant such                          United States and Perma-Fix and signed
     consumers.
                                                             treatment. See 19 CFR 201.6. Documents                by the Court on February 12, 2008. CWL
        In particular, the Commission is
                                                             for which confidential treatment by the               enters into the proposed Amended
     interested in comments that:
                                                             Commission is properly sought will be                 Decree by and through the Receiver of
        (i) Explain how the articles
                                                             treated accordingly. All information,                 the facility appointed by the Franklin
     potentially subject to the requested
                                                             including confidential business                       County Court of Common Pleas. The
     remedial orders are used in the United
                                                             information and documents for which                   State of Ohio, on behalf of the Ohio
     States;
                                                             confidential treatment is properly                    Environmental Protection Agency
        (ii) identify any public health, safety,
                                                             sought, submitted to the Commission for               (‘‘Ohio EPA’’), also enters into the
     or welfare concerns in the United States
                                                             purposes of this Investigation may be
     relating to the requested remedial                                                                              2 All contract personnel will sign appropriate
     orders;                                                   1 Handbook  for Electronic Filing Procedures:       nondisclosure agreements.
        (iii) identify like or directly                      https://www.usitc.gov/documents/handbook_on_            3 Electronic Document Information System

     competitive articles that complainant,                  filing_procedures.pdf                                 (EDIS): https://edis.usitc.gov



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     44468                          Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Notices

     proposed Amended Decree by virtue of                       ACTION:  Notice of intent to grant                    Watson & Associates Inc., having its
     its proposed joinder as a party. The                       partially exclusive patent license.                   principal place of business in Alberta,
     proposed Amended Decree would                                                                                    Canada. The fields of use may be
     resolve alleged violations of the original                 SUMMARY:    The National Aeronautics and
                                                                                                                      limited to emissions detection and
     Consent Decree and notices of violation                    Space Administration (NASA) hereby
                                                                gives notice of its intent to grant a                 quantification, gas and liquid flow rate
     sent to CWL by the U.S. EPA and Ohio                                                                             measurement, compositional analysis,
     EPA. The proposed Amended Consent                          partially exclusive patent license in the
                                                                United States to practice the inventions              and quantification for hydrocarbons and
     Decree would terminate the original                                                                              other substances, including but not
     Consent Decree and be substituted for                      described and claimed in U.S. Patent
                                                                Number 7,075,295 B2 titled ‘‘Magnetic                 limited to H2S, CO2 and SO2, associated
     that Decree.                                                                                                     with the oil, gas and waste management
        The publication of this notice opens                    Field Response Sensor for Conductive
                                                                Media,’’ NASA Case Number LAR–                        industries at the well bore and/or below
     a period for public comment on the
                                                                16571–1; U.S. Patent Number 7,589,525                 grade cavern, and associated above
     proposed Amended Decree. Comments
                                                                B2 titled ‘‘Magnetic Field Response                   ground facilities for each; and/or similar
     should be addressed to the Acting
     Assistant Attorney General,                                Sensor for Conductive Media,’’ NASA                   fields of use thereto.
     Environment and Natural Resources                          Case Number LAR–16571–2; U.S. Patent
                                                                                                                      DATES:  The prospective partially
                                                                No. 7,759,932 B2 titled ‘‘Magnetic Field
     Division, and should refer to Barbara                                                                            exclusive patent license may be granted
                                                                Response for Conductive Media,’’ NASA
     Fisher and United States of America v.                                                                           unless, no later than October 10, 2017,
                                                                Case Number LAR–16571–3; U.S. Patent
     Perma-Fix of Dayton, Inc., D.J. Ref. No.                                                                         NASA receives written objections
                                                                No. 7,086,593 B2 titled ‘‘Magnetic Field
     90–5–2–1–08318. All comments must be                                                                             including evidence and argument that
                                                                Response Measurement Acquisition
     submitted no later than thirty (30) days                                                                         establish that the grant of the license
                                                                System,’’ NASA Case Number LAR–
     after the publication date of this notice.                                                                       would not be consistent with the
                                                                16908–1; U.S. Patent No. 7,047,807 B2
     Comments may be submitted either by                                                                              requirements regarding the licensing of
                                                                titled ‘‘Flexible Framework for
     email or by mail:                                                                                                federally owned inventions as set forth
                                                                Capacitive Sensing,’’ NASA Case No.
       To submit
                                                                LAR–16974–1; U.S. Patent No.                          in the Bayh-Dohl Act and implementing
                                   Send them to:                7,159,774 B2 titled ‘‘Magnetic Field                  regulations. Competing applications
       comments:
                                                                Response Measurement Acquisition                      completed and received by NASA no
     By email .......     pubcomment-ees.enrd@                  System,’’ NASA Case No. LAR–17280–                    later than October 10, 2017 will also be
                            usdoj.gov.                          1; U.S. Patent No. 8,430,327 B2 titled                treated as objections to the grant of the
     By mail .........    Acting Assistant Attorney             ‘‘Wireless Sensing System Using Open-                 contemplated partially exclusive
                            General, U.S. DOJ—ENRD,             Circuit, Electrically-Conductive Spiral-
                            P.O. Box 7611, Wash-                                                                      license. Objections submitted in
                                                                Trace Sensor,’’ NASA Case No. LAR–                    response to this notice will not be made
                            ington, DC 20044–7611.
                                                                17294–1; U.S. Patent No. 8,673,649 B2                 available to the public for inspection
                                                                titled ‘‘Wireless Chemical Sensor and
       During the public comment period,                                                                              and, to the extent permitted by law, will
                                                                Sensing Method for Use Therewith,’’
     the proposed Amended Consent Decree                                                                              not be released under the Freedom of
                                                                NASA Case No. LAR–17579–1; U.S.
     may be examined and downloaded at                                                                                Information Act.
                                                                Patent No. 9,329,149 B2 titled ‘‘Wireless
     this Justice Department Web site: http://
                                                                Chemical Sensor and Sensing Method                    ADDRESSES:  Objections relating to the
     www.justice.gov/enrd/consent-decrees.
                                                                for Use Therewith,’’ NASA Case No.                    prospective license may be submitted to
       We will provide a paper copy of the
                                                                LAR–17579–2; U.S. Patent No.                          Patent Counsel, Office of Chief Counsel,
     proposed Amended Consent Decree
                                                                9,733,203 B2 titled ‘‘Wireless Chemical               NASA Langley Research Center, MS 30,
     upon written request and payment of
                                                                Sensing Method,’’ NASA Case No. LAR–                  Hampton, Virginia 23681. Phone (757)
     reproduction costs. Please mail your
                                                                17579–3; U.S. Patent No. 8,179,203 B2                 864–3221. Facsimile (757) 864–9190.
     request and payment to: Consent Decree
                                                                titled ‘‘Wireless Electrical Device using
     Library, U.S. DOJ—ENRD, P.O. Box                                                                                 FOR FURTHER INFORMATION CONTACT:
                                                                Open-Circuit Elements Having No
     7611, Washington, DC 20044–7611.                                                                                 Robin W. Edwards, Patent Counsel,
                                                                Electrical Connections,’’ NASA Case No.
       Please enclose a check or money order
                                                                LAR–17711–1; U.S. Patent Application                  Office of Chief Counsel, NASA Langley
     for $47.50 (at 25 cents per page
                                                                No. 14/193,861 titled ‘‘Wireless                      Research Center, MS 30, Hampton,
     reproduction cost), or $10.50 (without
                                                                Temperature Sensor Having No                          Virginia 23681. Phone (757) 864–3221.
     exhibits), payable to the United States
                                                                Electrical Connections and Sensing                    Facsimile (757) 864–9190.
     Treasury.
                                                                Method for Use Therewith,’’ NASA Case
     Randall M. Stone,                                          No. LAR–17747–1–CON; U.S. Patent                      SUPPLEMENTARY INFORMATION:      This
     Acting Assistant Section Chief,                            No. 9,329,153 B2 titled ‘‘Method of                   notice of intent to grant a partially
     Environmental Enforcement Section,                         Mapping Anomalies in Homogenous                       exclusive patent license is issued in
     Environment and Natural Resources Division.                Material,’’ NASA Case No. LAR–17848–                  accordance with 35 U.S.C. 209(e) and 37
     [FR Doc. 2017–20183 Filed 9–21–17; 8:45 am]                1; U.S. Patent No. 8,636,407 B2 titled                CFR 404.7(a)(1)(i). The patent rights in
     BILLING CODE 4410–CW–P                                     ‘‘Wireless Temperature Sensor Having                  these inventions have been assigned to
                                                                No Electrical Connections and Sensing                 the United States of America as
                                                                Method for Use Therewith,’’ NASA Case                 represented by the Administrator of the
     NATIONAL AERONAUTICS AND                                   No. LAR–18016–1; U.S. Patent                          National Aeronautics and Space
     SPACE ADMINISTRATION                                       Application No. 14/520,785 titled                     Administration. The prospective
                                                                ‘‘Multi-Layer Wireless Sensor Construct               exclusive license will comply with the
     [Notice (17–067)]                                          for Use at Electrically Conductive                    requirements of 35 U.S.C. 209 and 37
     Notice of Intent To Grant Partially                        Material Surface,’’ NASA Case No.                     CFR 404.7.
     Exclusive Patent License                                   LAR–18399–1; and U.S. Patent                            Information about other NASA
                                                                Application No. 14/520,863 titled                     inventions available for licensing can be
     AGENCY:National Aeronautics and                            ‘‘Antenna for Far Field Transceiving,’’
     Space Administration.                                      NASA Case No. LAR–18400–1, to T.L.


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Document Created: 2017-09-22 01:53:02
Document Modified: 2017-09-22 01:53:02
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 Citation82 FR 44467 

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