Federal Register / Vol. 72, No. 157 / Wednesday, August 15, 2007 / Notices 45827 

with its determination of violation, the 

Commission issued a Limited Exclusion 

Order and Cease and Desist Order 

related to claim 48 of the ‘627 patent 

and claims 17 and 18 of the ‘173 patent. 

On June 18, 2007, Metrologic filed a 

request for an advisory opinion under 

Commission Rule 210.79 (19 CFR 

210.79) that would declare that its new 

scan module does not infringe claim 17 

or 18 of the ‘173 patent and claim 48 of 

the ‘627 patent, and therefore is not 

covered by the Commission’s Limited 

Exclusion Order or Cease and Desist 

Order issued on May 30, 2007. 

Metrologic further requested that the 

Commission conduct all proceedings 

related to the advisory opinion in an 

expedited manner and on summary 

determination based upon the evidence 

presented in its request without formal 

hearing or discovery. 

The Commission has examined 

Metrologic’s request for an advisory 

opinion and has determined that it 

complies with the requirements for 

institution of an advisory opinion 

proceeding under Commission Rule 

210.79(a). Accordingly, the Commission 

has determined to institute an advisory 

opinion proceeding. The Commission 

directs Symbol and the IA to state their 

views regarding whether they oppose 

Metrologic’s request for an advisory 

opinion that the new scan module is not 

covered by the Limited Exclusion Order 

or Cease and Desist Order, and if so, 

whether they believe the matter should 

be referred to the ALJ. 

The authority for the Commission’s 

determination is contained in section 

337 of the Tariff Act of 1930, as 

amended (19 U.S.C. 1337), and in 

section 210.79(a) of the Commission’s 

Rules of Practice and Procedure (19 CFR 

210.79(a)). 

Issued: August 10, 2007. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E7–15977 Filed 8–14–07; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Pursuant to the Comprehensive 

Environmental Response 

Compensation and Liability Act 

Notice is hereby given that a proposed 

consent decree in United States v. 

Alder-Gold Copper Company, Civil 

Action No. 2:07–CV–00255–EFS, was 

lodged on August 3, 2007 with the 

United States District Court for the 

Eastern District of Washington. The 

United States filed this action pursuant 

to the Comprehensive Environmental 

Response, Compensation and Liability 

Act seeking clean up of groundwater 

contamination and recovery of costs 

incurred at the Alder Mill Site in 

Okanogan County, Washington. 

The Consent Decree resolves the 

United States’ claims by requiring the 

defendant Alder-Gold Copper Company 

to sell three parcels of land and pay a 

portion of the proceeds of the sale to the 

United States to reimburse the United 

States for its costs in cleaning up the 

Site. The United States estimates that 

the Consent Decree will result in the 

payment of between $200,000 and 

$300,000 to the Superfund. 

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-ess.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. Alder-Gold Copper Company, 

DOJ Ref #90–11–3–08880. 

The proposed consent decree may be 

examined at the office of the United 

States Attorney, 920 W. Riverside Ave, 

Suite 340, Spokane, Washington 99201, 

and at the Region X Office of the 

Environmental Protection Agency, 1200 

Sixth Avenue, Seattle, Washington 

98101. During the public comment 

period, the proposed consent decree 

may also be examined on the 

Department of Justice Web site, at 

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 number 

(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 

$20.25 (or $4.75, for a copy that omits 

the exhibits and signature pages) (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. 

W. Benjamin Fisherow, 

Deputy Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 07–3998 Filed 8–14–07; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Comprehensive 

Environmental Response, 

Compensation and Liability Act 

In accordance with Department of 

Justice policy, notice is hereby given 

that on July 30, 2007, a proposed 

consent decree (‘‘Consent Decree’’) in 

United States v. ArvinMeritor, Inc., Civil 

Action No. 1:07–cv–00735–GJQ, was 

lodged with the United States District 

Court for the Western District of 

Michigan. 

The Consent Decree would resolve 

claims against the sole defendant—

ArvinMeritor, Inc.—for (i) 

Unreimbursed past response costs 

incurred by the United States related to 

removal and remedial actions at the 

Rockwell International Superfund Site 

(‘‘Site’’) in Allegan, Michigan in 

exchange for a payment of $3,475,000. 

The Consent Decree would also require 

ArvinMeritor to pay the United States’

future response costs related to the Site. 

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, 

Environment and Natural Resources 

Division, and either e-mailed to 

pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box No. 7611, 

Washington, DC 20044–7611, and 

should refer to United States v. 

ArvinMeritor, Inc., Civil Action No. 

1:07–cv–00735–GJQ, D.J. Ref. 90–11–3–

08013. 

The Consent Decree may be examined 

at the Office of the United States 

Attorney for the Western District of 

Michigan, 330 Ionia Avenue, NW., Suite 

501, Grand Rapids, Michigan 49503, 

and at U.S. EPA Region 5, 77 W. Jackson 

Blvd., Chicago, Illinois 60604–4590. 

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 


ebenthall on PROD1PC69 with NOTICES
45828 Federal Register / Vol. 72, No. 157 / Wednesday, August 15, 2007 / Notices 

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 $6 (24 pages at 25 

cents per page reproduction cost) 

payable to the U.S. Treasury. 

William D. Brighton, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 07–3997 Filed 8–14–07; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Settlement 

Pursuant to Comprehensive 

Environmental Response, 

Compensation and Liability Act 

Notice is hereby given that on August 

2, 2007, a proposed settlement in United 

States v. Ludlow’s Sand and Gravel Co., 

Inc. and G. Kevin Ludlow, Civil No. 07–

cv–00793–GLS–DEP, was lodged with 

the United States District Court for the 

Northern District of New York. 

In this action, the United States 

asserts claims against Ludlow’s Sand 

and Gravel Co., Inc. and G. Kevin 

Ludlow under sections 106 and 107 of 

the Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA), 42 U.S.C. Sections 9606 

and 9607, for recovery of response costs 

and injunctive relief related to the 

Ludlow’s Sand and Gravel Superfund 

Site (the ‘‘Site’’) in Paris, New York. The 

proposed Consent Decree is based on 

the Defendants’ limited ability-to-pay 

and provides for Ludlow’s Sand and 

Gravel Co., Inc. to perform services in 

support of the cleanup activities by the 

United States at the Site. The Decree 

provides the Defendants with a 

covenant not to sue under Sections 106 

and 107 of CERCLA. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the settlement. Comments 

should be addressed to the Assistant 

Attorney General, Environment and 

Natural Resources Division, and either 

e-mailed to pubcommentees.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. 

Ludlow’s Sand and Gravel Co., Inc. and 

G. Kevin Ludlow, et al., D.J. Ref. 90–11–

3–08084/1. 

The settlement may be examined at 

the Office of the United States Attorney, 

Northern District of New York, 100 S. 

Clinton Street, Syracuse, NY 13261–

7198 and at the Region II Office of the 

U.S. Environmental Protection Agency, 

Region II Records Center, 290 

Broadway, 17th Floor, New York, NY 

10007–1866. During the public 

comment period, the settlement may 

also be examined on the following 

Department of Justice Web site: http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

settlement 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 $17.50 (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 stated 

address. 

Ronald G. Gluck, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 07–3999 Filed 8–14–07; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

Under 42 U.S.C. 9622(d)(2) and 28 

C.F.R. 50.7, notice is hereby given that 

on August 2, 2007, a proposed consent 

decree in United States v. Waste 

Management of Wisconsin, Inc., Civil 

Action Number 07–C–0424–C, was 

lodged with the United States District 

Court for the Western District of 

Wisconsin. 

The consent decree resolves claims 

against Waste Management of 

Wisconsin, Inc. (‘‘WMWI’’) on behalf of 

the Environmental Protection Agency 

(‘‘EPA’’) under Sections 106 and 107 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (‘‘CERCLA’’), 42 U.S.C. 9606 and 

9607, for response action to be taken 

and response costs to be incurred in 

responding to the release and threatened 

release of hazardous substances at the 

Hagen Farm Superfund Site (‘‘Site’’) in 

Dane County, Wisconsin. 

WMWI has been performing the 

remedial action for the Site under a 

unilateral administrative order issued 

by EPA. Under the consent decree, 

WMWI will complete performance of 

the Site remedy and will reimburse the 

United States for response costs the 

United States will incur at the Site. The 

consent decree also provides for 

disbursement to WMWI, if specified 

conditions are met, of approximately 

$1.525 million credited to the Site from 

the proceeds of a prior, separate 

settlement in In re U.E. Systems, Inc., et 

al., No. 91–32791 (Bankr. N.D. Ind.). 

The U.E. Systems settlement required 

that amounts recovered therein ‘‘shall 

reduce the liability of the non-settling 

potentially responsible parties * * * by 

the amount of the credit.’’ The proposed 

consent decree with WMWI will 

implement that provision of the U.E. 

Systems settlement while also providing 

the United States with essentially full 

recovery of all response costs incurred 

or to be incurred by the United States 

in connection with the Site. 

For a period of thirty (30) days from 

the date of this publication, the 

Department of Justice will receive 

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. Waste Management of 

Wisconsin, Inc., D.J. Ref. 90–11–2–588/ 

1. 

The Consent Decree (including all its 

Appendices A through N) may be 

examined at the Office of the United 

States Attorney for the Western District 

of Wisconsin, 660 W. Washington Ave., 

Suite 303, Madison, Wisconsin 53701, 

and at the Region 5 Office of the 

Environmental Protection Agency, 77 

W. Jackson Blvd., Chicago, Illinois 

60604. During the public comment 

period, the Consent Decree and all 

Appendices 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. 

Please enclose a check for $22.25 for the 

Consent Decree text only, or for $163.25 

for the Consent Decree including all 

attachments (25 cents per page 

reproduction costs), payable to the U.S. 

Treasury, or, if by e-mail or fax, forward 

a check for the appropriate amount to 


ebenthall on PROD1PC69 with NOTICES