Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Notices 58631 

duty order on fresh garlic from China 

would be likely to lead to continuation 

or recurrence of material injury to an 

industry in the United States within a 

reasonably foreseeable time. 

Background 

The Commission instituted this 

review on February 1, 2006 (71 FR 5374) 

and determined on May 8, 2006 that it 

would conduct an expedited review (71 

FR 29352, May 22, 2006). Notice of the 

scheduling of the Commission’s review 

was given by posting copies of the 

notice in the Office of the Secretary, 

U.S. International Trade Commission, 

Washington, DC, and by publishing the 

notice in the Federal Register on May 

22, 2006 (71 FR 29352). 

The Commission is scheduled to 

transmit its determination in this review 

to the Secretary of Commerce on 

September 28, 2006. The views of the 

Commission are contained in USITC 

Publication 3886 (September 2006), 

entitled Fresh Garlic From China (Inv. 

No. 731–TA–683 (Second Review)). 

By order of the Commission. 

Issued: September 28, 2006. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E6–16383 Filed 10–3–06; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Water Act and the Oil 

Pollution Act 

Notice is hereby given that on 

September 22, 2006, a proposed consent 

decree in United States v. Nacelle Land 

& Management Corporation, et al., Civ. 

No. 1:04–cv–201 was lodged with the 

United States District Court for the 

Northern District of Ohio. 

In this action, the United States seeks, 

pursuant to the Oil Pollution Act, 

recoupment of the costs incurred by the 

U.S. Environmental Protection Agency 

(‘‘U.S. EPA’’) in conducting oil response 

actions at Nacelle Land & Management 

Corporation’s oil and brine separation 

facility located at 675 Lakeshore Blvd., 

Painesville Township, Lake County, 

Ohio (‘‘Nacelle Facility’’). The 

complaint also seeks civil penalties for 

alleged violations of the Clean Water 

Act and its pertinent regulations at the 

Nacelle Facility. Specifically, in its 

Complaint, the United States, on behalf 

of the Oil Spill Liability Trust Fund 

(‘‘OSLTF’’), and its administrator, the 

U.S. Coast Guard, seeks, pursuant to the 

Oil Pollution Act (OPA), 33 U.S.C. 2701, 

et seq., to recover all unreimbursed oil 

removal costs, including interest under 

OPA Section 1005, 33 U.S.C. 2705, 

prejudgment interest, administrative 

and adjudicative costs, and attorney’s 

fees, totaling at least $2,274,337.59, 

incurred by the United States, and/or 

expended by the OSLTF, in responding 

to the discharge and/or substantial 

threat of discharge of oil at and from 

Nacelle’s the Nacelle Facility. The 

Complaint also seeks, on behalf of U.S. 

EPA, civil penalties pursuant to CWA 

Section 311, 33 U.S.C. 1321(b)(7), from 

Defendants Nacelle and Lake 

Underground for discharges of oil and 

brine into navigable waters of the 

United States at or adjacent to the 

Nacelle Facility, and for the failure of 

Nacelle and Lake Underground to 

prepare and implement an oil spill 

prevention control and countermeasures 

program at the Nacelle Facility. 

Under the proposed Consent Decree, 

the United States would recover a total 

of $300,000 (determined by a 

Department of Justice financial analyst 

to be the amount that the corporations 

can pay) as well as a portion of the 

proceeds of any sale or lease of certain 

properties owned by the companies. Of 

the $300,000 to be recovered, $200,000 

would be paid to the OSLTF in 

satisfaction of the United States’ claim 

for reimbursement of removal costs, and 

$100,000 would be paid to the OSLTF 

in full settlement of the United States’

claim for civil penalties under CWA 

Section 311, 33 U.S.C. 1321. A 

percentage of the proceeds from the sale 

or lease of properties owned by the 

corporations also would be paid into the 

OSLTF. 

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

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. Nacelle Land & Management 

Corp., et al. D. J. Ref. 90–5–1–1–4365. 

The proposed Consent Decree may be 

examined at the Office of the United 

States Attorney for the Northern District 

of Ohio, 801 West Superior Avenue 

Suite 400, Cleveland, OH 44113 (contact 

Asst. U.S. Attorney Steven Paffilas 

(216–622–3698)), and at U.S. EPA 

Region 5, 7th Floor Records Center, 77 

West Jackson Blvd., Chicago, Illinois 

60604 (contact Assoc. Regional Counsel 

Deirdre Tanaka (312–886–6730)). 

During the public comment period, the 

proposed consent decree may also be 

examined on the following Department 

of Justice Web site, http:// 

www.usdoj.gov/enrd/open.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 

$7.25 (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. 06–8483 Filed 10–03–06; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration Advisory Council on 

Employee Welfare and Pension Benefit 

Plans Working Group on Plan Asset 

Rules, Exemptions and Cross Trading, 

Working Group on a Procedurally 

Prudent Investment Process, and 

Working Group on Health Information 

Technology; Notice of Meeting 

Pursuant to the authority contained in 

Section 512 of the Employee Retirement 

Income Security Act of 1974 (ERISA), 29 

U.S.C. 1142, the Working Groups 

assigned by the Advisory Council on 

Employee Welfare and Pension Benefit 

Plans to study the issues of (1) Plan 

asset rules, exemptions and cross 

trading, (2) a procedurally prudent 

investment process, and (3) health 

information technology, will hold 

public teleconference meetings on 

October 20, 2006. 

The sessions will take place in Room 

N4437–A, U.S. Department of Labor, 

200 Constitution Avenue, NW., 

Washington, DC 20210. The purpose of 

the open meetings is for each Working 

Group to discuss its report/ 

recommendations for the Secretary of 

Labor. The meetings will run from 11 

a.m. to approximately 5 p.m., starting 

with the Working Group on Plan Asset 

Rules, Exemptions and Cross Trading, 

followed by the Working Group on a 

Procedurally Prudent Investment 

Process, followed by the Working Group 

on Health Information Technology. 

Organizations or members of the 

public wishing to submit a written 

statement pertaining to the topic may do 


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