Federal Register / Vol. 74, No. 7 / Monday, January 12, 2009 / Notices 1247 

sewer overflows (‘‘CSOs’’) violate the 

Clean Water Act because the City’s 

discharge of untreated sewage into the 

Ohio River violates limitations and 

conditions in the City’s National 

Pollutant Discharge Elimination System 

(NPDES) permit. The Complaint further 

alleges that the City failed to adequately 

control for solids and floatables as well 

as failed to timely submit a control plan 

to address its CSO discharge. 

Under the proposed Consent Decree, 

the City would be required to: (1) 

Implement injunctive measures that will 

eliminate all discharges from its CSOs, 

at a total cost of approximately $12.5 

million; (2) pay the United States a civil 

penalty of $49,000; and (3) pay the State 

of Ohio a civil penalty of $49,000. The 

proposed Decree would require the 

sewer improvements to be implemented 

over an 18-year period. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the proposed Consent Decree. 

Comments should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, and either e-mailed to 

pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. City of Ironton and the State 

of Ohio, D.J. Ref. 90–5–1–1–08729. 

The proposed Consent Decree may be 

examined at the Office of the United 

States Attorney, Southern District of 

Ohio, 221 East Forth Street, Suite 400, 

Cincinnati, Ohio 45202 (contact 

Assistant United States Attorney 

Donetta Wiethe (513/684–3711)), and at 

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, IL 60604–3590 (contact 

Associate Regional Counsel Steven 

Kaiser (312/353–3804)). During the 

public comment period, the proposed 

Consent Decree, may also be examined 

on the following Department of Justice 

Web site, to http://www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

proposed consent decree may also be 

obtained by mail from the Consent 

Decree Library, P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611 or by faxing or e-mailing a 

request to Tonia Fleetwood 

(tonia.fleetwood@usdoj.gov), fax no. 

(202) 514–0097, phone confirmation 

number (202) 514–1547. In requesting a 

copy from the Consent Decree Library, 

please enclose a check in the amount of 

$37.75 (25 cents per page reproduction 

cost) payable to the U.S. Treasury or, if 

by e-mail or fax, forward a check in that 

amount to the Consent Decree Library at 

the stated address. 

William Brighton, 

Assistant Chief. Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. E9–347 Filed 1–9–09; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging Proposed Consent 

Decree 

In accordance with Departmental 

Policy, 28 CFR 50.7, notice is hereby 

given that a proposed Consent Decree in 

United States v. Rapanos, No. 94–CV– 

70788–DT (E.D. Mich.), was lodged with 

the United States District Court for the 

Eastern District of Michigan on 

December 29, 2008. 

This proposed Consent Decree 

concerns a complaint filed by the 

United States against John A. Rapanos, 

Judith Ann Nelkie Rapanos, Prodo, Inc., 

Rolling Meadows Hunt Club, and Pine 

River Bluff Estates, Inc., pursuant to 33 

U.S.C. 1311(a), to obtain injunctive 

relief from and impose civil penalties 

against the Defendants for violating the 

Clean Water Act by discharging 

pollutants without a permit into waters 

of the United States. The proposed 

Consent Decree resolves these 

allegations by requiring the Defendants 

to perform mitigation and to pay a civil 

penalty. 

The Department of Justice will accept 

written comments relating to this 

proposed Consent Decree for thirty (30) 

days from the date of publication of this 

Notice. Please address comments to 

Daniel R. Dertke, Environment & 

Natural Resources Division, U.S. 

Department of Justice, P.O. Box 23986, 

Washington, DC 20026–3986, and refer 

to United States v. Rapanos, DJ # 90–5– 

1–1–4274. 

The proposed Consent Decree may be 

examined at the Clerk’s Office, United 

States District Court for the Eastern 

District of Michigan, Theodore Levin 

U.S. Courthouse, 231 W. Lafayette 

Blvd., Detroit, Michigan 48226. In 

addition, the proposed Consent Decree 

may be viewed at http://www.usdoj.gov/ 

enrd/Consent_Decrees.html. 

Scott A. Schachter, 

Assistant Section Chief, Environmental 

Defense Section, Environment & Natural 

Resources Division. 

[FR Doc. E9–302 Filed 1–9–09; 8:45 am] 

BILLING CODE 4410–CW–P 

DEPARTMENT OF JUSTICE 

Antitrust Division 

Notice Pursuant to the National 

Cooperative Research and Production 

Act of 1993—IMS Global Learning 

Consortium, Inc. 

Notice is hereby given that, on 

November 17, 2008, pursuant to Section 

6(a) of the National Cooperative 

Research and Production Act of 1993, 

15 U.S.C. 4301 et seq. (‘‘the Act’’) , IMS 

Global Learning Consortium, Inc. has 

filed written notifications 

simultaneously with the Attorney 

General and the Federal Trade 

Commission disclosing changes in its 

membership. The notifications were 

filed for the purpose of extending the 

Act’s provisions limiting the recovery of 

antitrust plaintiffs to actual damages 

under specified circumstances. 

Specifically, 4C Soft, Inc., Seoul, 

REPUBLIC OF KOREA; CCKF Limited, 

Dublin, IRELAND; Common Need, Inc., 

Alexandria, VA; Embanet, Toronto, 

Ontario, CANADA; Lone Star College 

Online, The Woodlands, TX; and 

University of California System, 

Oakland, CA have been added as parties 

to this venture. Also, Respondus, 

Redmond, WA has withdrawn as a party 

to this venture. 

No other changes have been made in 

either the membership or planned 

activity of the group research project. 

Membership in this group research 

project remains open, and IMS Global 

Learning Consortium, Inc. intends to file 

additional written notifications 

disclosing all changes in membership. 

On April 7, 2000, IMS Global 

Learning Consortium, Inc. filed its 

original notification pursuant to Section 

6(a) of the Act. The Department of 

Justice published a notice in the Federal 

Register pursuant to Section 6(b) of the 

Act on September 13, 2000 (65 FR 

55283). 

The last notification was filed with 

the Department on August 28, 2008. A 

notice was published in the Federal 

Register pursuant to Section 6(b) of the 

Act on September 29, 2008 (73 FR 

56611). 

Patricia A. Brink, 

Deputy Director of Operations, Antitrust 

Division. 

[FR Doc. E9–198 Filed 1–9–09; 8:45 am] 

BILLING CODE 4410–11–M 


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