Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Notices 66129

Background

The Commission instituted these

investigations effective November 5,

1996, following receipt of a petition

filed with the Commission and the

Department of Commerce by Geneva

Steel Co., Provo, UT, and Gulf States

Steel, Inc., Gadsden, AL. The final

phase of the investigations was

scheduled by the Commission following

notification of preliminary

determinations by the Department of

Commerce that imports of cut-to-length

carbon steel plate from China, Russia,

South Africa, and Ukraine were being

sold at LTFV within the meaning of

section 733(b) of the Act (19 U.S.C.

1673b(b)). Notice of the scheduling of

the Commission’s investigations and of

a public hearing to be held in

connection therewith 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 of August 20, 1997 (62

FR 44287). The hearing was held in

Washington, DC, on October 28, 1997,

and all persons who requested the

opportunity were permitted to appear in

person or by counsel.

The Commission transmitted its

determination in these investigations to

the Secretary of Commerce on December

11, 1997. The views of the Commission

are contained in USITC Publication

3076 (December 1997), entitled ‘‘Certain

Carbon Steel Plate from China, Russia,

South Africa, and Ukraine:

Investigations Nos. 731–TA–753–756

(Final).’’

Issued: December 11, 1997.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 97–32950 Filed 12–16–97; 8:45 am]

BILLING CODE 7020–02–P

INTERNATIONAL TRADE

COMMISSION

[Inv. No. 337–TA–358]

Notice of Commission Determination

to Terminate the Investigation Based

on Withdrawal of the Complaint;

Vacatur of Alternative Findings; Denial

of Respondents’ Motion to Terminate;

Denial of Motions for Leave to File

Reply Briefs

In the matter of: Certain Recombinantly

Produced Human Growth Hormones.

AGENCY: U.S. International Trade

Commission.

ACTION: Notice.

SUMMARY: Notice is hereby given that

the U.S. International Trade

Commission has determined to

terminate the above-captioned

investigation on the basis of

complainant’s motion to withdraw its

complaint and to vacate the alternative

findings on the merits made by the

presiding administrative law judge (ALJ)

in his initial determination (ID) of

November 29, 1994. The Commission

has also determined to deny certain

respondents’ motion for termination of

the investigation, as well as the various

motions for leave to file reply briefs.

FOR FURTHER INFORMATION CONTACT: Jean

Jackson, Esq., Office of the General

Counsel, U.S. International Trade

Commission, telephone 202–205–3104.

SUPPLEMENTARY INFORMATION: The

Commission instituted this investigation

on September 29, 1993, based on a

complaint filed by Genentech, Inc. of

South San Francisco, California. 58 FR

50954. Six firms were named as

respondents, i.e., Novo Nordisk 2 A/S of

Denmark; Novo Nordisk of North

America, Inc. of New York; Novo

Nordisk Pharmaceuticals, Inc. of New

Jersey; ZymoGenetics, Inc. of Seattle,

Washington (collectively, ‘‘Novo’’);

Biotechnology General Corp. of New

York; and Bio-Technology General Corp.

(Israel) Ltd. (collectively, ‘‘BTG’’).

On November 29, 1994, the presiding

ALJ issued an ID dismissing the

complaint and terminating the

investigation as a sanction for

complainant’s alleged misconduct in

withholding certain documents during

discovery. In the alternative, the ALJ

reached the merits of the investigation,

finding that there would have been a

violation of section 337 based on the

record as it closed on April 24, 1994,

although noting that the record was

incomplete because of complainant’s

conduct. On January 17, 1995, the

Commission decided not to review the

portion of the ID that dismissed the

complaint as a sanction for discovery

abuse, but took no position on the

portion of the ID that found a violation

of section 337 based on an incomplete

record. 60 FR 4923 (January 25, 1995).

Genentech appealed the Commission’s

determination to the U.S. Court of

Appeals for the Federal Circuit (Federal

Circuit). On August 14, 1997, the

Federal Circuit reversed the

Commission’s decision to dismiss the

investigation as a sanction and

remanded the investigation to the

Commission. Genentech, Inc. v. USITC,

43 USPQ2d 1722 (Fed. Cir. 1997). The

court issued its mandate on September

4, 1997.

On September 22, 1997, Novo filed a

motion to terminate the investigation

with a finding of no violation based on

certain findings adverse to Genentech

that were made in the ALJ’s ID of

November 29, 1994, and on an unrelated

intervening Federal Circuit decision

concerning one of the patents asserted

by Genentech in the Commission

investigation. On September 30, 1997,

BTG responded to Novo’s motion that it

had no objection to withdrawal of the

complaint. On October 2, 1997,

Genentech opposed Novo’s motion and

filed its own motion to terminate the

investigation based on its withdrawal of

its complaint. On October 4, 1997, the

Commission investigative attorney (IA)

opposed Novo’s motion to terminate. On

October 14, 1997, the IA supported

Genentech’s motion to withdraw.

Between October 4 and October 30,

1997, the private parties filed four

motions for leave to file additional

briefs replying to the response briefs.

This action is taken under the

authority of section 337 of the Tariff Act

of 1930, 19 U.S.C. § 1337, and

Commission interim rule 210.51, 19

CFR 210.51 (1994).

Copies of the public version of the

ALJ’s ID, and all other nonconfidential

documents filed in connection with this

investigation, are or will be available for

inspection during official business

hours (8:45 a.m. to 5:15 p.m.) in the

Office of the Secretary, U.S.

International Trade Commission, 500 E

Street S.W., Washington, D.C. 20436,

telephone 202–205–2000. Hearingimpaired persons are advised that

information on the matter can be

obtained by contacting the

Commission’s TDD terminal on 202–

205–1810. General information

concerning the Commission may also be

obtained by accessing its Internet server

(http://www.usitc.gov or ftp://

ftp.usitc.gov).

Issued: December 11, 1997.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 97–32948 Filed 12–16–97; 8:45 am]

BILLING CODE 7020–02–P

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Pursuant to the Clean Air Act (‘‘CAA’’)

Notice is hereby given that a proposed

Consent Decree in United States v.

Barber & Sons Tobacco Company, d.b.a.

Barber & Sons Aggregates, Civil Action

No. 97–1540–CV–W–2, was lodged on

November 25, 1997, with the United
66130 Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Notices

States District Court for the Western

District of Missouri. The proposed

Consent Decree resolves claims brought

by the United States, on behalf of the

Environmental Protection Agency,

pursuant to the Clean Air Act, 42 U.S.C.

7401 et seq., arising from Barber & Sons

Tobacco Company, d.b.a. Barber & Sons

Aggregates’ (‘‘Barber’’) ownership and

operation of a non-metallic mineral

processing plant, specifically a

limestone quarry, located in Lee’s

Summit, Missouri.

The Complaint alleges that Barber is

liable for violations of the CAA for

failure to comply with notice and

testing, reporting, and permitting

requirements. The proposed Consent

Decree requires Defendant Barber to pay

a civil penalty of $300,865. The

proposed Consent Decree further

requires future compliance by

Defendant Barber with the CAA,

regulations promulgated thereunder,

and the Missouri State Implementation

Plan.

The Department of Justice will receive

comments relating to the proposed

Consent Decree for a period of thirty

(30) days from the date of this

publication. Comments should be

addressed to the Assistant Attorney

General, Environment & Natural

Resources Division, Department of

Justice, P.O. Box 7611, Ben Franklin

Station, Washington, D.C. 20044, and

refer to United States v. Barber & Sons

Tobacco Company, d.b.a. Barber & Sons

Aggregates, DOJ number 90–5–2–1–

2119.

Copies of the proposed Consent

Decree may be examined at the Office of

the United States Attorney, 1201 Walnut

Street, Suite 2300, Kansas City,

Missouri; and the Consent Decree

Library, 1120 G Street, N.W., 4th Floor,

Washington, D.C. 20005, (202) 624–

0892. A copy of the proposed Consent

Decree may be obtained by mail or in

person from the Consent Decree Library.

When requesting a copy of the proposed

Consent Decree, please enclose a check

in the amount of $4.00 (25 cents per

page reproduction costs) payable to the

‘‘Consent Decree Library.’’

Joel M. Gross,

Chief, Environmental Enforcement Section

Environment & Natural Resources Division.

[FR Doc. 97–32906 Filed 12–16–97; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

in United States v. J&D Enterprises of

Duluth, Inc. under the Clean Air Act

Notice is hereby given that a Consent

Decree in United States v. J&D

Enterprises of Duluth, Inc., No. 5–95–

298 (PAM/RLE) (D. Minn.), has been

entered into by the United States on

behalf of U.S. EPA and J&D Enterprises

of Duluth, Inc. (‘‘J&D’’) and lodged with

the Court on November 21, 1997. The

proposed Consent Decree resolves

certain claims of U.S. EPA against J&D

under Section 112 of the Clean Air Act

and the asbestos NESHAP regulations,

40 C.F.R. Part 61, Subpart M, with

respect to an operation located at 923

Shepard Road in Saint Paul, Ramsey

County, Minnesota. Under the Decree,

J&D will, inter alia, pay the United

States a civil penalty of $27,500.

The Department of Justice will receive

comments relating to the proposed

Consent Decree for 30 days following

the publication of this Notice.

Comments should be addressed to the

Assistant Attorney General of the

Environment and Natural Resources

Division, Department of Justice,

Washington, D.C. 20530, and should

refer to United States v. J&D Enterprises

of Duluth, Inc., D.J. Ref. No. 90–5–2–1–

1427B.

The proposed Consent Decree may be

examined at the Office of the United

States Attorney for the District of

Minnesota, 300 South Fourth Street,

Minneapolis, MN 55415; the Region 5

Office of the United States

Environmental Protection Agency, 77

W. Jackson Blvd., Chicago, IL 60604;

and at the Consent Decree Library, 1120

G Street, N.W., 4th Floor, Washington,

D.C. 20005 (202–624–0892). A copy of

the proposed Consent Decree may be

obtained in person or by mail from the

Consent Decree Library, 1120 G Street,

N.W., 4th Floor, Washington, D.C.

20005. In requesting a copy of the

proposed Consent Decree, please

enclose a check in the amount of $9.75

(25 cents per page for reproduction

costs), payable to the Consent Decree

Library.

Bruce S. Gelber,

Section Chief, Environmental Enforcement

Section, Environmental and Natural

Resources Division.

[FR Doc. 97–32904 Filed 12–16–97; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Pursuant to the Clean Air Act

Notice is hereby given that on

November 25, 1997, a proposed Consent

Decree in United States versus M & O

Environmental Company, et al., Civil

No. 1:96–CV–1786, was lodged with the

United States District Court for the

Northern District of Illinois. This

Consent Decree resolves claims against

M & O Environmental Company, Inc.

(‘‘M & O’’), for violations of Sections 112

and 114 of the Clean Air Act (‘‘Act’’), 42

U.S.C. §§ 7412 and 7414, and various

work practice standards and notice

requirements promulgated as part of the

National Emission Standard for

Hazardous Air Pollutants for asbestos

(‘‘asbestos NESHAP’’).

The Consent Decree requires M & O

(1) pay $100,000 in civil penalties; (2)

maintain compliance with the asbestos

NESHAP and the Act; (3) report to EPA

on a monthly basis the status of all

asbestos abatement work undertaken by

M & O in the previous month, and (4)

implement certain managerial and

operational measurements to ensure M

& O’s continuous compliance with the

asbestos NESHAP and the Act.

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 of the

Environment and Natural Resources

Division, Department of Justice,

Washington, D.C. 20530, and should

refer in United States versus M & O

Environmental Company, et al., D.J. Ref.

90–5–2–1–1885.

The Consent Decree may be examined

at the Office of the United States

Attorney, Northern District of Illinois,

Everett McKinley Dirksen Building,

Fifth Floor, 219 South Dearborn Street,

Chicago Illinois 60604, at the Region V

Office of the Environmental Protection

Agency, 200 West Adams Street,

Chicago, Illinois, and at the Consent

Decree Library, 1120 G Street, N.W., 4th

Floor, Washington, D.C. 20005, (202)

624–0892. A copy of the proposed

Consent Decree may be obtained in

person or by mail from the Consent

Decree Library, 1120 G Street, N.W., 4th

Floor, Washington, D.C. 20005. In

requesting a copy, please enclose a

check in the amount of $26.75 (25 cents