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74330 Federal Register / Vol. 72, No.

249 / Monday, December 31, 2007 / Notices

Barracuda Networks, Inc, 3175 S. Co., Inc., Civil Action No. 07–cv–5239, please enclose a check in the amount of
Winchester Blvd., Campbell, California was lodged with the United States $7.75 (25 cents per page reproduction
95008. District Court for the Eastern District of cost for a full copy) payable to the U.S.
Panda Software International S.L., Pennsylvania. Treasury.
Buenos Aires 12, 48.001 Bilbao, Spain. The proposed consent decree with
Robert D. Brook,
Panda Distribution, Inc., 230 N. Merck & Co., Inc., (‘‘Merck’’) resolves
the claims of the United States on behalf Assistant Chief, Environmental Enforcement
Maryland Avenue, Suite 303, Glendale,
Section, Environment and Natural Resources
California 91206. of EPA against Merck for injunctive Division.
(c) The Commission investigative relief and civil penalties under section
[FR Doc. 07–6243 Filed 12–28–07; 8:45 am]
attorney, party to this investigation, is 309 of the Clean Water Act (‘‘CWA’’), 33
BILLING CODE 4410–15–M
Rett Snotherly, Esq., Office of Unfair U.S.C. 1319, in connection with the
Import Investigations, U.S. International pharmaceutical and vaccine research
Trade Commission, 500 E Street, SW., and manufacturing facility located in
DEPARTMENT OF JUSTICE
Suite 401, Washington, DC 20436; and West Point, Montgomery County,
(3) For the investigation so instituted, Pennsylvania. Pursuant to the consent Notice of Lodging of Consent Decree
the Honorable Carl C. Charneski is decree, Merck will pay a total of Under the Clean Air Act
designated as the presiding $1,575,000 in penalties. Merck will pay
administrative law judge. a civil penalty of $750,000 to the United Notice is hereby given that on
Responses to the complaint and the States, $750,000 to the Commonwealth, December 14, 2007, a proposed Consent
notice of investigation must be and $75,000 to the Pennsylvania Fish Decree in Barbara Fisher and the United
submitted by the named respondents in and Boat Commission. In addition, States v. Perma-Fix of Dayton, Inc.,
accordance with section 210.13 of the Merck has undertaken, and will Civil Action No. 3:04 CV 418, was
Commission’s Rules of Practice and continue to take, remedial measures at lodged with the United States District
Procedure, 19 CFR 210.13. Pursuant to their facility to prevent further Court for the Southern District of Ohio.
discharges. Finally, Merck has agreed to This case began as a citizen suit filed
19 CFR 201.16(d) and 210.13(a), such
State Community Environmental by Barbara Fisher against Perma-Fix of
responses will be considered by the
Projects and Federal Supplemental Dayton, Inc. (‘‘Perma-Fix’’) under
Commission if received not later than 20
Environmental Projects at a value in section 304 of the Clean Air Act (‘‘CAA’’
days after the date of service by the
excess of $9 million. or ‘‘Act’’) for violations of provisions of
Commission of the complaint and the
The Department of Justice will receive the federally enforceable Ohio State
notice of investigation. Extensions of
for a period of thirty (30) days from the Implementation Plan (‘‘SIP’’) adopted
time for submitting responses to the
date of this publication comments pursuant to section 110 of the Act, 42
complaint and the notice of U.S.C. 7410; violations of the Title V
investigation will not be granted unless relating to this proposed Consent
Decree. Comments should be addressed Permit Program at section 502(a) of the
good cause therefor is shown. Act, 42 U.S.C. 7661a, and 40 CFR
Failure of a respondent to file a timely to the Assistant Attorney General,
Environment and Natural Resources 70.5(a) and 70.7(b), and Ohio Admin.
response to each allegation in the Code Chapter 3745–77; violations of the
complaint and in this notice may be Division, P.O. Box 7611, U.S.
Department of Justice, Washington, DC National Emission Standards for
deemed to constitute a waiver of the Hazardous Air Pollutants (‘‘NESHAP’’)
right to appear and contest the 20044–7611, Attention: Nancy
Flickinger (EES), and may be submitted for Off-Site Waste Recovery Operations
allegations of the complaint and this (the ‘‘OSWRO regulations’’) codified at
by electronic mail to the following
notice, and to authorize the 40 CFR Part 63, Subpart DD; and
address: pubcomment-
administrative law judge and the violation of the nuisance provisions at
ees.enrd@usdj.gov. Comments should
Commission, without further notice to Ohio Administrative Code 3745–15–07.
refer to United States of America v.
the respondent, to find the facts to be as The United States intervened as a
Merck & Co., Inc., Civil Action No. 07–
alleged in the complaint and this notice plaintiff in this action, seeking
cv–5239 D.J. Ref. 90–5–1–1–09062.
and to enter an initial determination The proposed Consent Decree may be injunctive relief and civil penalties
and a final determination containing examined at the Office of the United under section 113(b) of the Act, 42
such findings, and may result in the States Attorney for the Eastern District U.S.C. 7413(b), against Perma-Fix for
issuance of an exclusion order or cease of Pennsylvania, 615 Chestnut Street, violations of the OSWRO NESAHAP
and desist order or both directed against Suite 1250, Philadelphia, Pennsylvania regulations codified at 40 CFR Part 63,
the respondent. 19106, and at U.S. EPA Region III’s Subpart DD; the general NESHAP
By order of the Commission. Office, 1650 Arch Street, Philadelphia, regulations at 40 CFR Part 63, Subpart
Issued: December 21, 2007. PA 19103. During the public comment A; the Title V Permit Program at section
Marilyn R. Abbott, period, the consent decree may also be 502(a) of the Act, 42 U.S.C. 7661a, and
Secretary to the Commission. examined on the following Department 40 CFR 70.5(a) and 70.7(b), and Ohio
[FR Doc. E7–25278 Filed 12–28–07; 8:45 am] of Justice Web site, http:// Admin. Code Chapter 3745–77; and
www.usdoj.gov/enrd/ provisions in the federally enforceable
BILLING CODE 7020–02–P
Consent_Decrees.html. A copy of the Ohio SIP adopted pursuant to section
proposed Consent Decree may also be 110 of the Act, 42 U.S.C. 7410. The
obtained by mail from the Consent violations occurred at Perma-Fix’s
DEPARTMENT OF JUSTICE Decree Library, P.O. Box 7611, U.S. industrial waste processing facility in
Notice of Lodging of Proposed Department of Justice, Washington, DC Dayton, Ohio.
20044–7611 or by faxing or e-mailing a The proposed Consent Decree
sroberts on PROD1PC70 with NOTICES

Consent Decree Under the Clean Water


Act request to Tonia Fleetwood resolves the United States’ claims
(tonia.fleetwood@usdoj.gov.), fax no. against Perma-Fix. Under the proposed
Notice is hereby given that on (202) 514–0097, phone confirmation Consent Decree, Perma-Fix will
December 13, 2007, a Consent Decree in number (202) 514–1547. In requesting a implement a compliance program that
United States of America v. Merck & copy from the Consent Decree Library, includes: Implementation of certain

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Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Notices 74331

pollution control measures at specified moment to the Consent Decree Library Register pursuant to section 6(b) of the
emission units; installation of a at the stated address. Act on February 15, 1996 (61 FR 6039).
continuous monitoring system at the Thomas A. Mariani, Jr., The last notification was filed with
facility’s regenerative thermal oxidizer Assistant Chief, Environmental Enforcement the Department on August 30, 2007. A
(‘‘RTO’’); venting of certain vapor Section, Environment and Natural Resources notice was published in the Federal
streams to the RTO; and engineering Division. Register pursuant to section 6(b) of the
evaluation of airflow through the closed [FR Doc. 07–6242 Filed 12–28–07; 8:45 am] Act on November 7, 2007 (72 FR 62866).
vent system to the RTO; visual BILLING CODE 4410–15–M
inspection of vents, the closed vent Patricia A. Brink,
system, and wastewater transfer lines; Deputy Director of Operations, Antitrust
the implementation of standard DEPARTMENT OF JUSTICE Division.
operating procedures for the [FR Doc. 07–6227 Filed 12–28–07; 8:45 am]
containment areas, the bioplant, and the Antitrust Division BILLING CODE 4410–11–M
solidification process; and the Notice Pursuant to the National
submission of applications for state- Cooperative Research and Production
issued permits to install and an DEPARTMENT OF JUSTICE
Act of 1993—Open DeviceNet Vendor
application for a Clean Air Act Title V Association, Inc.
permit. In addition, Perma-Fix will pay Drug Enforcement Administration
a civil penalty of $360,000 and perform Notice is hereby given that, on
November 14, 2007, pursuant to section Manufacturer of Controlled
three Supplemental Environmental Substances; Notice of Application
Projects at the cost of at least $562,000. 6(a) of the National Cooperative
Research and Production Act of 1993,
The Department of Justice will receive 15 U.S.C. 4301 et seq. (‘‘the Act’’), Open Pursuant to § 1301.33(a), Title 21 of
for a period of thirty (30) days from the DeviceNet Vendor Association, Inc. the Code of Federal Regulations (CFR),
date of this publication comments (‘‘ODVA’’) has filed written notifications this is notice that on December 10, 2007,
relating to the proposed Consent Decree. simultaneously with the Attorney Chattem Chemicals, Inc., 3801 St. Elmo
Comments should be addressed to the General and the Federal Trade Avenue, Building 18, Chattanooga,
Assistant Attorney General, Commission disclosing changes in its Tennessee 37409, made application by
Environment and Natural Resources membership. The notifications were letter to the Drug Enforcement
Division, and either e-mailed to filed for the purpose of extending the Administration (DEA) to be registered as
pubcomment-ees.enrd@usdoj.gov or Act’s provisions limiting the recovery of a bulk manufacturer of Oripavine
mailed to P.O. Box 7611, U.S. antitrust plaintiffs to actual damages (9330), a basic class of controlled
Department of Justice, Washington, DC under specified circumstances. substance listed in schedule II.
20044–7611, and should refer to Specifically, Camozzi SPA, Brescia,
The company plans to manufacture
Barbara Fisher and the United States v. ITALY; and Trinite Automatisering
the listed controlled substance in bulk
Perma-Fix of Dayton, Inc., D.J. Ref. 90– B.V., Mydrecht, THE NETHERLANDS
have been added as paries to this for sale to its customers.
5–2–1–08318.
venture. Also, Advance Electric Any other such applicant and any
The proposed Consent Decree may be Company, Inc., Aichi, JAPAN; AMC person who is presently registered with
examined at the Office of the United Technologies, Edmonton, Alberta, DEA to manufacture such substance
States Attorney, Room 602, Federal CANADA; AVG Automation (Uticor), may file comments or objections to the
Building, 200 W. Second Street, Dayton, Bettendorf, IA; Cooper Power Tools, issuance of the proposed registration
Ohio 45402, and at U.S. EPA Region 5, Lexington, SC; Daniel Woodhead Co. pursuant to 21 CFR 1301.33(a). Any
77 West Jackson Boulevard, Chicago, IL (Woodhead Connectivity), Northbrook, such comments or objections being sent
60604. During the public comment IL; Eilersen Electric A/S, Koddedal, via regular mail should be addressed, in
period, the proposed Consent Decree DENMARK; Helix Technology quintuplicate, to the Drug Enforcement
may also be examined on the following Corporation (Granville-Phillips), Administration, Office of Diversion
Department of Justice Web site, to Clemsford, MA; MAC Valves, Inc., Control, Federal Register Representative
http://www. usdoj.gov/enrd/ Wixom, MI; Microwave Data Systems, (ODL), Washington, DC 20537; or any
Consent_Decrees.html. A copy of the Rochester, NY; Wizardry Inc., being sent via express mail should be
proposed Consent Decree may also be Gardnerville, NV; Woodhead Software & sent to the Drug Enforcement
obtained by mail from the Consent Electronics (SST), Waterloo, Ontario,
Administration, Office of Diversion
Decree Library, P.O. Box 7611, U.S. CANADA; and Woodhead Software &
Control, Federal Register Representative
Department of Justice, Washington, DC Electronics France, Caudebec Les
(ODL), 8701 Morrissette Drive,
20044–7611 or by faxing or e-mailing a Elbeuf, FRANCE have withdrawn as
parties to this venture. Springfield, Virginia 22152; and must be
request to Tonia Fleetwood filed no later than February 29, 2008.
(tonia.fleetwood@usdoj.gov), fax no. No other changes have been made in
either the membership or planned Dated: December 20, 2007.
(202) 514–0097, phone confirmation
activity of the group research project. Joseph T. Rannazzisi,
number (202) 514–1547. In requesting a
Membership in this group research Deputy Assistant Administrator, Office of
copy from the Consent Decree Library, project remains open, and ODVA
please enclose a check in the amount of Diversion Control, Drug Enforcement
intends to file additional written Administration.
$17.25 (25 cents per page reproduction notifications disclosing all changes in
sroberts on PROD1PC70 with NOTICES

cost) payable to the U.S. Treasury or, if [FR Doc. E7–25329 Filed 12–28–07; 8:45 am]
membership.
by e-mail or fax, forward a check in that On June 21, 1995, ODVA filed its BILLING CODE 4410–09–P

original notification pursuant to section


6(a) of the Act. The Department of
Justice published a notice in the Federal

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