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Created: Fri Aug 22 05:00:35 2008
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49706 Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Notices
(2) on the issue of Deere's alleged Issued: August 12, 2008. 200447611, Attention: Nancy
financing of certain EVSPFHs; (3) with Marilyn R. Abbott, Flickinger (EES), and should refer to
respect to the ALJ's application of the Secretary to the Commission. United States of America v. M.A. Hanna
``all or substantially all'' standard, [FR Doc. E819571 Filed 82108; 8:45 am] Plastics, Inc., et al. , Civil Action No.
including a statement of the type and BILLING CODE 702002P 06409 GMS, DOJ # 9011308301.
number of sales relied on and the basis The proposed Consent Decree may be
for reliance on those sales, especially examined at the Office of the United
the basis for including used sales of States Attorney for the District of
DEPARTMENT OF JUSTICE
North American-version harvesters in Delaware, Nemours Building, P.O. Box
the assessment of whether that standard Notice of Lodging of Proposed 2046, Wilmington, DE 19801. During the
Consent Decrees Under the public comment period, the consent
has been met by Deere; and (4) on
Comprehensive Environmental decree may also be examined on the
whether all or substantially all of
Response, Compensation, and Liability following Department of Justice Web
Deere's sales of SPFHs were of North site, http://www.usdoj.gov/enrd/
American versions of these machines. Act
Consent_Decrees.html. A copy of the
On March 13, 2008, the Commission Notice is hereby given that two proposed Consent Decree may also be
asked the parties to discuss (1) The total Consent Decrees in United States of obtained by mail from the Consent
quantity of new and used EVSPFHs sold America v. M.A. Hanna Plastics, Inc., et Decree Library, P.O. Box 7611, U.S.
by John Deere's official European al., Civil Action No. 06409 GMS, have Department of Justice, Washington, DC
dealers to the United States from 1997 been lodged with the United States 200447611 or by faxing or e-mailing a
through 2002, including (a) all European District Court for the District of request to Tonia Fleetwood
dealer sales for importation to the Delaware. The United States lodged a (tonia.fleetwood@usdoj.gov), fax no.
United States for which there is consent decree with defendant (202) 5140097, phone confirmation
Wilmington Economic Development number (202) 5141547. In requesting a
documentary evidence in the existing
Corporation \ (``WEDCO'') on August 8, copy from the Consent Decree Library,
record and (b) an estimate of the total
2008, and lodged a consent decree with please enclose a check in the amount of
quantum of additional European dealer
defendant M.A. Hanna Plastics Group $ $7.00 for the consent decree with
sales for importation to the United \``Hanna'') on August 14, 2008.
States for which there may not be WEDCO, and/or $5.25 for the consent
The two consent decrees will resolve decree with M.A. Hanna (25 cents per
documentary evidence on this record; the liability of the two remaining page reproduction cost for a full copy)
(2) an exclusively legal discussion of the defendants in this cost recovery action payable to the U.S. Treasury.
relevance of the agency doctrines of under Section 107 of the
actual and apparent authority in the Comprehensive Environmental Maureen M. Katz,
context of gray market sales in the Response, Compensation and Liability Assistant Chief, Environmental Enforcement
United States; and (3) whether, if the Act \ (``CERCLA''), 42 U.S.C. 9607 in Section, Environment and Natural Resources
Commission were to take into account connection with the 12th Street Dump Division.
only sales of gray market EVSPFHs by Site in Wilmington, Delaware \(``Site''). [FR Doc. E819447 Filed 82108; 8:45 am]
U.S. dealers (i.e. sales within the United On June 28, 2006, the United States BILLING CODE 441015P
States after importation), and not sales filed a Complaint against four
for importation of gray market goods by defendants who currently or previously
John Deere's European dealers, it would owned or operated property at the Site. DEPARTMENT OF JUSTICE
in effect improperly limit the scope of The United States previously settled Notice of Lodging of Consent Decree
the unlawful activities that it is required with two of the named defendants. Under the Comprehensive
to consider under the statute, which The two consent decrees now being
Environmental Response
includes within the Commission's proposed will resolve the United States'
Compensation and Liability Act
jurisdiction ``the sale for importation'' filed claims against the two remaining
as well as ``the sale within the United defendants, Hanna and WEDCO, as set Pursuant to 28 CFR 50.7 notice is
States after importation'' of articles that forth in the consent decrees. Hanna will hereby given that on August 14, 2008,
infringe a valid United States trademark. reimburse the United States a proposed Consent Decree in the case
19 U.S.C. Section 1337(a)(1)(C). $3,597,877.20 and will receive a United States v. William J. Roper, Sr., et
covenant not to sue for past costs. al., Civil Action No. 3:00cv472GCM,
Written submissions were received by WEDCO will reimburse the United was lodged with the United States
the parties on April 15 and April 24, States $120,000 in past costs and will District Court for the Western District of
2008. On April 30, the parties each filed agree to sell its parcel and provide the North Carolina.
reply submissions. United States with the higher of either In this action, under Section 107(a)(1)
Having considered the record and 50% of the net proceeds or $40,000.00. and (2) of CERCLA, 42 U.S.C. 9607(a)(1)
briefing in this investigation, the WEDCO will also receive a covenant not and (2), the United States sought
Commission has determined to reverse to sue for past costs. recovery of response costs to remedy
the ALJ's finding of violation. A The Department of Justice will receive conditions in connection with the
Commission Opinion in support of its for a period of thirty (30) days from the release or threatened release of
determinations will follow shortly. date of this publication comments hazardous substances into the
relating to these proposed Consent environment at the North Belmont PCE
The authority for this notice is
Decrees. Comments should be addressed Site (``the Site''), located in Belmont,
contained in section 337 of the Tariff
to the Assistant Attorney General, Gaston County, North Carolina. A
jlentini on PROD1PC65 with NOTICES
Act of 1930, as amended, 19 U.S.C. Environment and Natural Resources portion of the Site is comprised of the
1337, and in section 210.45(c) of the Division, and either e-mailed to Roper Shopping Center upon which the
Commission's Rules of Practice and pubcomment-ees.enrd@usdoj.gov or United States had placed a Superfund
Procedure (19 CFR 210.45(c)). mailed to P.O. Box 7611, U.S. Lien. The Complaint also included an in
By order of the Commission. Department of Justice, Washington, DC rem action under Section 107(l) of
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