Federal Register / Vol. 63, No. 92 /Wednesday, May 13, 1998 / Notices 26627

(a) The complainant is—Corning

Incorporated, 1 Riverfront Plaza,

Corning, NY 14831.

(b) The respondents are the following

companies alleged to be in violation of

section 337, and are the parties upon

which the complaint is to be served:

Plasma Optical Fibre, B.V., Zwaanstraat

1, 5651 CA Eindhoven, The

Netherlands

Chromatic Technologies, Inc., 9 Forge

Park, Franklin, MA 02038

(c) Jeffrey R. Whieldon, Esq., Office of

Unfair Import Investigations, U.S.

International Trade Commission, 500 E

Street, SW, Room 401–H, Washington,

DC 20436, who shall be the Commission

investigative attorney, party to this

investigation; and

(3) For the investigation so instituted,

the Honorable Paul J. Luckern is

designated as the presiding

administrative law judge.

Responses to the complaint and the

notice of investigation must be

submitted by the named respondents in

accordance with § 210.13 of the

Commission’s rules of practice and

procedure, 19 CFR 210.13. Pursuant to

19 CFR 201.16(d) and 210.13(a), such

responses will be considered by the

Commission if received no later than 20

days after the date of service by the

Commission of the complaint and notice

of investigation. Extensions of time for

submitting responses to the complaint

will not be granted unless good cause

therefor is shown.

Failure of a respondent to file a timely

response to each allegation in the

complaint and in this notice may be

deemed to constitute a waiver of the

right to appear and contest the

allegations of the complaint and this

notice, and to authorize the

administrative law judge and the

Commission, without further notice to

the respondent, to find the facts to be as

alleged in the complaint and this notice

and to enter both an initial

determination and a final determination

containing such findings, and may

result in the issuance of a limited

exclusion order or a cease and desist

order or both directed against such

respondent.

Issued: May 8, 1998

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 98–12681 Filed 5–12–98; 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.

American Recovery Company, et al.,

Civil Action No. 95–1590, was lodged

on April 22, 1998 with the United States

District Court for the Western District of

Pennsylvania. The United States filed

this action pursuant to the

Comprehensive Environmental

Response, Compensation and Liability

Act (‘‘CERCLA’’) to recover past and

future response costs incurred at or in

connection with the Municipal and

Industrial Disposal Company Site. The

Consent Decree requires defendant

Neville Chemical Company to pay

$100,000 (plus interest) to reimburse a

portion of the United States’ past costs

associated with the investigation and

clean up of the Municipal & Industrial

Disposal Company Superfund Site

(‘‘Site’’), located in Elizabeth Township,

Pennsylvania.

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 for the Environment and

Natural Resources Division, Department

of Justice, Washington, D.C. 20530, and

should refer to United States v.

American Recovery Company, et al., DO

Ref. #90–11–2–949.

The proposed consent decree may be

examined at the office of the United

States Attorney, 633 Post Office &

Courthouse, 7th & Grant Streets,

Pittsburgh, PA 15219; the Region III

Office of the Environmental Protection

Agency, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107; 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 refer

to the referenced case and enclose a

check in the amount of $4.75 (25 cents

per page reproduction costs) for each

decree, payable to the Consent Decree

Library.

Joel M. Gross,

Chief, Environmental Enforcement Section,

Environment and Natural Resources Division.

[FR Doc. 98–12629 Filed 5–12–98; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Pursuant to the Clean Water Act

In accordance with Departmental

Policy, 28 C.F.R. § 50.7, notice is hereby

given that a consent decree in Clark

Fork Pend Oreille Coalition, et al. vs.

Idaho Transportation Department, et al.,

Civil No. 95–0300–N–EJL (D. Idaho),

was lodged with the United States

District Court for the District of Idaho on

April 15, 1998. The proposed consent

decree concerns violations of section

401 of the Clean Water Act, 33 U.S.C.

§§ 1342 and 1344(a), involving the

discharge of dredged or fill materials

into the Sand Creek, its tributaries and

adjacent ponds and wetlands by the

Idaho Department of Transportation

(‘‘DOT’’) during 1994 road construction

on U.S. Highway 95 in Bonner County,

Idaho.

The Consent Decree includes the

following terms: (1) Restoration of

environmental harm; (2) an admission

that ITD violated the CWA; (3) a penalty

of $200,00 to be deposited into a trust

account entitled ‘‘Clark Fork Pend

Oreille Wetlands Trust Fund,’’ to

protect, preserve, improve or enhance

wetlands in Bonner County within the

natural drainage to Pend Oreille Lake

and Clark Fork River; (4) develop a

program to educate ITD personnel about

the requirements of the CWA; (5)

establish an environmental inspector

position for each major highway

construction project to coordinate all

CWA permitting issues for ITD projects;

and, (6) adopt new contract procedures

providing standards for erosion control,

wetlands identification and the

incorporation of Section 404 Permits

into all construction contracts. The

Army Corps of Engineers’ headquarters,

and the Corps Walla Walla, Washington

District, as well as the United States

Attorney’s Office for the District of

Idaho, support the settlement.

The Department of Justice will receive

written comments relating to the

Consent Decree for a period of thirty

(30) days from the date of this notice.

Comments should be addressed to the

Assistant Attorney General, United

States Department of Justice, Attention:

Deborah A. Hill, Assistant United States

Attorney, District of Idaho, P.O. Box 32,

Boise, ID 83707, and should refer to

Clark Fork Pend Oreille Coalition, et al.

vs. Idaho Transportation Department, et

al., U.S. Attorney, No. reference N–95–

0096.

The Consent Decree may be examined

at the following offices:
26628 Federal Register / Vol. 63, No. 92 /Wednesday, May 13, 1998 / Notices

Office of the United States Attorney,

District of Idaho, 877 W. Main Street,

Suite 201, Boise, Idaho 83702

Office of District Counsel, Corps of

Engineers, Walla Walla District, 201

N. 3rd Avenue, Walla Walla, WA

99362–1876.

A copy may be requested by calling

Deborah A. Hill, Assistant United States

Attorney, at (208) 334–1211. In

requesting a copy, please enclose a

check payable to the Treasury of the

United States in the amount of $6.00 for

a copy of the Consent Decree with

attachments and postage.

Deborah A. Hill,

Assistant U.S. Attorney, District of Idaho.

[FR Doc. 98–12627 Filed 5–12–98; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Pursuant to the Comprehensive

Environmental Response,

Compensation, and Liability Act of

1980 (‘‘CERCLA’’)

Notice is hereby given that on April

21, 1998, a proposed Consent Decree

was lodged with the United States

District Court for the Northern District

of Iowa in United States v. Foxley Cattle

Co., et al., Civil Action No. C98–4032

DEO, (N.D. Iowa). The proposed

Consent Decree settles claims asserted

by the United States at the request of the

United States Environmental Protection

Agency (‘‘EPA’’) under Section 107(a) of

the Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980 (‘‘CERCLA’’), 42 U.S.C.

9607(a), in a complaint filed

concurrently with the lodging of the

proposed Consent Decree. The

complaint seeks reimbursement of

response costs incurred and to be

incurred by the United States in

response to the release or threatened

release of hazardous substances at the

Mid-America Tanning Company

Superfund Site, located in Woodbury

County, Iowa.

Under the proposed Consent Decree,

defendant Foxley Cattle Company shall,

inter alia, reimburse the EPA Hazardous

Substance Superfund $642,000, plus

interest, shall pay $100,000 for payment

of Natural Resource Damages to the

United States, and shall conduct and

perform groundwater sampling and

analysis at the Site in accordance with

an EPA approved plan. Defendant

Andrew M. Hain shall, inter alia,

reimburse the EPA Hazardous

Substance Superfund $100,000. In

exchange, and conditioned upon the

complete and satisfactory performance

of their obligations under the proposed

Consent Decree, the settling defendants

shall receive a covenant not to sue

pursuant to Sections 106 and 107(a) of

CERCLA, 42 U.S.C. 9606 and 9607(a),

and Section 7003 of RCRA, 42 U.S.C.

6973, to undertake response actions or

to recover response costs at or in

connection with the Site. Foxley also

shall receive a covenant not to sue

pursuant to Section 107(a) of CERCLA,

42 U.S.C. 9607(a), for Natural Resource

Damages related to the Site. In addition,

the settling defendants receive

contribution protection under Section

113(f)(2), 42 U.S.C. 9613(f)(2), for

matters addressed in the proposed

Consent Decree. The United States

reserves the right to pursue the settling

defendants in certain circumstances if

previously unknown conditions or

information indicates that response

action performed at the Site is not

protective of human health or the

environment.

The Department of Justice will receive

written comments relating to the

proposed Consent Decree for thirty (30)

days from the date of publication of this

notice. Comments should be addressed

to the Assistant Attorney General of the

Environment and Natural Resources

Division, U.S. Department of Justice,

Washington, D.C. 20503, and should

refer to United States v. Foxley Cattle

Co., et al., DOJ #90–11–2–1185A. The

proposed Consent Decree may be

examined at the EPA Region 7 Office at

726 Minnesota Ave., Kansas City, KS

66101. 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 (202) 624–0892.

In requesting a copy, please enclose a

check in the amount of $10.50 (25 cents

per page) payable to the ‘‘Consent

Decree Library’’.

Joel Gross,

Chief, Environmental Enforcement Section,

Environment and Natural Resources Division.

[FR Doc. 98–12628 Filed 5–12–98; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Pursuant to the Clean Water Act

Notice is hereby given that on April

17, 1998, a proposed Consent Decree

was lodged with the United States

District Court for the District of Kansas

in United States v. Texaco Pipeline,

Inc., et al., Civ. No. 96–2152–GTV (D.

Kan.). The proposed Consent Decree

settles claims asserted by the United

States at the request of the United States

Environmental Protection Agency

(‘‘EPA’’) in an action originally filed on

April 1, 1996. The United States filed

this action pursuant to the Federal

Water Pollution Control Act, commonly

referred to as the Clean Water Act

(‘‘CWA’’ or ‘‘Act’’), 33 U.S.C. §§ 1251 et

seq. The complaint requested the

assessment of civil penalties and

injunctive relief against defendants

Texaco Pipeline, Inc. (‘‘Texaco

Pipeline’’) and Texaco Trading and

Transportation, Inc. (‘‘Texaco Trading’’)

for discharges of oil into navigable

waters of the United States or adjoining

shorelines in violation of Sections 301

and 311 of the CWA, 33 U.S.C. 1311 and

1321. These discharges took place from

the defendants’ pipeline systems in the

State of Kansas.

Under the proposed Consent Decree,

the defendants’ collectively will pay to

the United States a $925,000 civil

penalty. In addition, Texaco Trading

shall purge and permanently remove

from service specified portions of its

pipeline system. The defendants also

shall undertake additional injunctive

relief which includes the lowering of

pipeline, improved maintenance of

pipeline, and inspection of pipeline

within the State of Kansas.

The Department of Justice will receive

written comments relating to the

proposed Consent Decree for thirty (30)

days from the date of publication of this

notice. Comments should be addressed

to the Assistant Attorney General of the

Environment and Natural Resources

Division, U.S. Department of Justice,

Washington, D.C. 20530, and should

refer to United States v. Texaco Pipeline

Inc., et al., DOJ #90–5–1–1–4272. The

proposed Consent Decree may be

examined at the EPA Region 7 Office at

726 Minnesota Ave., Kansas City, KS

66101. 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 (202) 624–0892.

In requesting a copy, please enclose a

check in the amount of $8.00 (25 cents

per page) payable to the ‘‘Consent

Decree Library’’.

Joel Gross,

Chief, Environmental Enforcement Section,

Environment and Natural Resources Division.

[FR Doc. 98–12630 Filed 5–12–98; 8:45 am]

BILLING CODE 4410–15–M