59818 Federal Register / Vol. 71, No. 196 / Wednesday, October 11, 2006 / Notices 

Dated: October 4, 2006. 

Lynn Bryant, 

Department Clearance Officer, PRA, 

Department of Justice. 

[FR Doc. E6–16723 Filed 10–10–06; 8:45 am] 

BILLING CODE 4410–AT–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Air Act 

Notice is hereby given that on August 

24, 2006, a proposed Consent Decree in 

United States of America and the 

Michigan Department of Environmental 

Quality v. CEMEX, Inc., St. Mary’s 

Cement Inc. (U.S.), and St. Barbara 

Cement, Inc., Civil Action No. 1:06–CV–

0607, was lodged with the United States 

District Court for the Western District of 

Michigan. 

In this action the United States sought 

injunctive relieve and civil penalties for 

violations for the Clean Air Act that 

occurred at the portland cement 

manufacturing facility located in 16000 

Bell Bays Road, in Charlevoix, 

Michigan, which was owned and 

operated by CEMEX, Inc. prior to March 

31, 2005, and owned by St. Barbara 

Cement Inc. and operated by St.Marys 

Cement Inc. (U.S.) on and after March 

31, 2005. The complaint alleges that 

CEMEX Inc. failed to control and limit 

particulate matter (dust) emissions, 

failed to perform required compliance 

monitoring, and failed to comply with 

various other requirements government 

operation of portland cement 

manufacturing plants. 

The proposed consent decree resolves 

all violations alleged in the complaint. 

Among other things, the consent decree 

requires CEMEX Inc. to pay a civil 

penalty of $1,359,422 to the United 

States and the State of Michigan and 

requires St. Marys and St. Barbara to 

install a baghouse filtering system, 

which is estimated to cost in excess of 

$11 million, to remedy the ongoing 

emissions violations. In addition, the 

consent decree requires the defendants 

to spend at least $6.2 million on the 

installation of a new indirect firing 

system for the facility’s kiln, which is 

expected to substantially reduce 

emissions of particulate matter, sulfur 

dioxide, and nitrogen oxides. 

The Department of Justice will 

receive, for a period of thirty (30) days 

from the date of this publication, 

comments relating to the Consent 

Decree. Comments should be addressed 

to the Assistant Attorney General, 

Environmental and Natural Resources 

Division, P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States, et al. v. CEMEX, et al., D.J. Ref. 

90–5–2–1–08077. 

The Consent Decree may be examined 

at the Office of the United States 

Attorney, Fifth Floor, 330 Ionia NW., 

Grand Rapids, MI. During the public 

comment period, the Consent Decree 

may also be examined on the following 

Department of Justice Web site, http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

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 $50.50 (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 state 

address. In requesting a copy exclusive 

of exhibits, please enclose a check in the 

amount of $10.00 (25 cents per page 

reproduction cost) payable to the U.S. 

Treasury. 

Margaret M. Chiara, 

United States Attorney. 

W. Francesca Ferguson, 

Assistant United States Attorney, Western 

District of Michigan. 

[FR Doc. 06–8574 Filed 10–10–06; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

[AAG/A Order No. 016–2006] 

Privacy Act of 1974; Systems of 

Records 

AGENCY: United States Trustee Program, 

Department of Justice. 

ACTION: Notice of modifications to 

current systems of records and 

establishment of a new system of 

records. 

SUMMARY: Pursuant to the Privacy Act of 

1974 (5 U.S.C. 552a) and Office of 

Management and Budget Circular No. 

A–130, the United States Trustee 

Program (USTP), Department of Justice, 

proposes to modify the following 

existing Privacy Act systems of records: 

JUSTICE/UST–001, ‘‘Bankruptcy Case 

Files and Associated Records’’ (last 

substantively revised on March 4, 2004, 

at 69 FR 10255; as amended June 15, 

2004, 69 FR 33403); JUSTICE/UST–002, 

‘‘Bankruptcy Trustee Oversight 

Records’’ (last substantively revised on 

March 4, 2004, at 69 FR 10255; as 

amended June 15, 2004, 69 FR 33403); 

JUSTICE/UST–003, ‘‘U.S. Trustee 

Program Timekeeping Records’’ (last 

substantively revised on March 4, 2004, 

at 69 FR 10255; as amended June 15, 

2004, 69 FR 33403); and JUSTICE/UST–

004, ‘‘U.S. Trustee Program Case 

Referral System’’ (last substantively 

revised on March 4, 2004, at 69 FR 

10255; as amended June 15, 2004, 69 

FR33403). In addition, the USTP 

proposes to establish a new system of 

records entitled, JUSTICE/UST–005, 

‘‘Credit Counseling and Debtor 

Education Files and Associated 

Records.’’ The modified system notices 

and the new system notice are 

published in their entirety below. 

DATES: These actions will be effective 

November 20, 2006. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding these changes and 

for general information regarding the 

USTP’s Privacy Act systems, contact 

Sue Ann Slates, FOIA/Privacy Counsel, 

Executive Office for United States 

Trustees (EOUST), at (202) 307–1399. 

SUPPLEMENTARY INFORMATION: On April 

20, 2005, amendments to the 

Bankruptcy Code, 11 U.S.C. 101, et seq., 

were enacted that took effect on October 

17, 2005. Under the new provisions, all 

individual debtors are required to 

receive credit counseling and a budget 

analysis from a USTP approved 

nonprofit budget and credit counseling 

agency within 180 days prior to filing a 

bankruptcy petition. Also, an individual 

debtor is required to take a personal 

financial management course from a 

USTP approved debtor education 

provider before receiving a bankruptcy 

discharge. The United States Trustees 

approve credit counseling and debtor 

education providers after determining 

their qualifications meet the standards 

set forth in the Bankruptcy Code and 

agency regulations. Accordingly, a new 

system of records is needed to cover 

applicants seeking to be USTP approved 

and reapproved providers of credit 

counseling and debtor education 

services under the Bankruptcy Code, as 

well as individuals who submit 

complaints and comments to the USTP 

regarding such providers. The records in 

this system will be used, among other 

things, to assist the EOUST and United 

States Trustees to assess the 

qualifications of credit counseling and 

debtor education applicants and 

providers, ensure compliance with the 

statutory and regulatory requirements, 

and collect and maintain complaints 

and comments submitted by 

individuals. 


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