798 Federal Register / Vol. 72, No. 4 / Monday, January 8, 2007 / Notices 

Levee System Evaluation 

No Action Alternative 

The No Action Alternative was 

evaluated as the single alternative action 

to the Proposed Action. The No Action 

Alternative will retain the current 

configuration of the Lateral A/Retamal 

Dike System, with no impacts to 

biological and cultural resources, land 

use, community resources, or 

environmental health issues. In terms of 

flood protection, however, current 

containment capacity under the No 

Action Alternative may be insufficient 

to fully control Rio Grande flooding 

under severe storm events, with 

associated risks to personal safety and 

property. 

Proposed Action 

Biological Resources 

Improvements to the Lateral A/ 

Retamal Dike Levee would require 

vegetation removal. The approximate 

removal is 151 acres of herbaceous 

vegetation, 3 acres of Mesquite-Acacia 

woodland, and 8 acres of Texas EbonyAnacua forest. Given its small extent, 

woodland removal would have a 

minimum impact on wildlife habitat. No 

significant effects are anticipated for any 

of the 25 threatened and endangered 

species with potential habitat near the 

right-of-way (ROW). None of 17 

wetlands located within the ROW are 

located within the construction corridor 

and would be impacted by the potential 

levee expansion. Indirect impacts to 

wetlands near the corridor will be 

avoided, as required, by modification of 

the levee expansion alignment. 

Cultural Resources 

Improvements to the Lateral A/ 

Retamal Levee system may adversely 

affect known archaeological resources, 

by mechanical excavation or by burial 

under the expanded levee footprint. 

Resources potentially affected include 

nine areas with a high probability to 

contain historic or prehistoric 

archaeological materials, and two 

known archaeological sites. Historic-age 

resources would also be affected, 

primarily structures associated with 

irrigation canals along the levee. These 

resources are the levee, canals, weir 

gates, standpipes, bridges, and 

residential structures. Several of the 

historic-age resources identified are 

located landside of the levee, across 

irrigation canals, and will not be 

adversely affected or minimally 

affected. 

Water Resources 

Improvements to the levee system 

would increase flood containment 

capacity to control the design flood 

event with a negligible increase in water 

surface elevation. Levee footprint 

expansion would not affect water 

bodies. 

Land Use 

The expansion would take place 

almost completely within the ROW. 

Removal of approximately 3 acres of 

woodlands from natural resources 

management areas would be required. 

Levee expansion would affect less than 

1 acre of active agricultural areas. Two 

irrigation canals along the levee would 

be temporarily affected by construction 

activities. There is a minimum potential 

for impacts on urban areas since no 

residential developments are located 

near the levee. 

Community Resources 

In terms of socioeconomic resources, 

the influx of federal funds into Hidalgo 

County from the levee improvement 

would have a positive local economic 

impact limited to the construction 

period; the impact would represent less 

than 1 percent of the annual county 

employment, income and sales values. 

No adverse impacts to 

disproportionately high minority and 

low-income populations were identified 

for construction activities. Moderate 

utilization of public roads is required 

during construction; a temporary 

increase in access road use would be 

required for equipment mobilization to 

staging areas. 

Environmental Health Issues 

Estimated air emissions of five criteria 

pollutants during construction represent 

less than 0.7 percent of the Hidalgo 

County annual emissions inventory. 

There would be a moderate increase in 

ambient noise levels due to excavation 

and fill activities. No long-term and 

regular exposure is expected above 

noise threshold values. A database 

search identified no waste storage or 

disposal sites within the expanded levee 

footprint and its vicinity. 

Best Management Practices and 

Mitigation 

Engineering design measures will be 

used, including optimization of the 

levee expansion alignment to avoid 

impacts on wooded vegetation, 

wetlands, and other natural resources. 

Riverside expansion will be used for a 

majority of the Lateral A/Retamal Dike 

Levee System. During construction, best 

management practices will include 

development of a storm water pollution 

prevention plan to minimize impacts of 

receiving waters, and use of sediment 

barriers and soil wetting to minimize 

erosion. 

To protect vegetation, the 

construction corridor may be revegetated with herbaceous or woody 

vegetation, as agreed with the natural 

resources management organization 

where the corridor is located. Final 

surveys prior to the start of the project 

would determine the types and amounts 

of vegetation to be removed, and 

separation between construction 

corridor and boundaries of wetlands. To 

protect wildlife, construction activities 

will be scheduled to occur, to the extent 

possible, outside the bird migratory 

season. 

If buried cultural materials are 

encountered during construction, work 

would cease and notification given to 

the State Historic Preservation Officer. 

Mitigation actions recommended by the 

Texas Historical Commission (THC) for 

potential impacts to historical or 

archaeological resources will be 

specified in a Memorandum of 

Agreement between THC and the 

USIBWC. 

Availability 

Single hard copies of the Draft 

Environmental Assessment and Finding 

of No Significant Impact may be 

obtained by request at the above 

address. Electronic copies may also be 

obtained from the USIBWC Home Page 

at http://www.ibwc.state.gov. 

Dated: December 29, 2006. 

Allen Thomas, 

Attorney Advisor. 

[FR Doc. E7–46 Filed 1–5–07; 8:45 am] 

BILLING CODE 7010–01–P 

JUDICIAL CONFERENCE OF THE 

UNITED STATES 

Hearing of the Judicial Conference 

Advisory Committee on Rules of 

Bankruptcy Procedure 

AGENCY: Judicial Conference of the 

United States, Advisory Committee on 

Rules of Bankruptcy Procedure. 

ACTION: Notice of cancellation of open 

hearing. 

SUMMARY: The public hearing on 

proposed amendments to the Federal 

Rules of Bankruptcy Procedure, 

scheduled for January 22, in 

Washington, DC, has been canceled. 

[Original notice of hearing appeared in 

the Federal Register of October 2, 2006.] 

FOR FURTHER INFORMATION CONTACT: John 

K. Rabiej, Chief, Rules Committee 

Support Office, Administrative Office of 

the United States Courts, Washington, 

DC 20544, telephone (202) 502–1820. 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 72, No. 4 / Monday, January 8, 2007 / Notices 799 

Dated: December 22, 2006. 

John K. Rabiej, 

Chief, Rules Committee Support Office. 

[FR Doc. 07–6 Filed 1–5–07; 8:45 am] 

BILLING CODE 2210–55–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Air Act 

Notice is hereby given that on 

December 21, 2006, a proposed Consent 

Decree was lodged with the United 

States District Court for the District of 

Columbia in the case of United States v. 

DaimlerChrysler AG and Mercedes-Benz 

USA, LLC, Civil Action No. 

1:06CV02172. 

In this action, the United States filed 

a complaint alleging that 

DaimlerChrysler AG and Mercedes-Benz 

USA, LLC (‘‘Defendants’’) failed to 

timely file emission-defect information 

reports (‘‘EDIRs’’) with the U.S. 

Environmental Protection Agency, as 

required by 40 CFR 85.1903, with 

respect to the following emissionrelated defects in Mercedes-Benz 

vehicles: (1) Defects in mass the airflow 

sensor on certain 1998–2000 vehicles, 

(2) defects in the underfloor catalytic 

converter on 1998–2003 models with 

M112 and M113 engines, (3) defects in 

the fuel filler cap on certain 1998–2003 

vehicles, (4) defects in the underhood 

catalysts on certain 1999–2001 M-class 

vehicles, (5) defects in the air pump of 

certain 2002–2006 vehicles, (6) defects 

in the fuel tank pressure sensor on 

certain 2001 vehicles, (7) defects in the 

ignition cable of certain 2001–2002 

vehicles, and (8) defects in the ignition 

module of certain 2001 vehicles. The 

complaint seeks civil penalties and 

injunctive relief pursuant to the Clean 

Air Act, 42 U.S.C. 7401 et seq. (the 

‘‘Act’’). 

The proposed Consent Decree settles 

the United States’ claims for injunctive 

relief and civil penalties under the Act 

with respect to the violations alleged in 

the complaint, as well as with respect to 

any failure of the Defendants to timely 

file EDIRs with respect to (1) defects in 

the underhood and underfloor catalytic 

converters on 2000 S–Class and C1–

Class Mercedes-Benz vehicles and (2) 

defects in the inner funnel of the 

catalyst for certain 2004–2005 

Mercedes-Benz vehicles. The proposed 

Consent Decree requires the Defendants 

to pay $1.2 million in civil penalties to 

the United States and to implement a 

Supplemental Emission-Related Defect 

Monitoring, Investigation, and 

Reporting Protocol. 

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. Daimlerchrysler AG, D.J. Ref. 

90–5–2–1–08769. A copy of the 

comments should also be sent to Donald 

Frankel, Trial Attorney, Environmental 

Enforcement Section, Department of 

Justice, Suite 616, One Gateway Center, 

Newton, MA 02458. 

The Consent Decree may be examined 

at the Office of the United States 

Attorney, District of Columbia, Judiciary 

Center Building, 555 Fourth Street, 

NW., Washington, DC 20530. 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 of the Consent Decree 

from the Consent Decree Library, please 

enclose a check in the amount of $9 (25 

cents per page reproduction cost) 

payable to the U.S. Treasury (if the 

request is by fax or e-mail, forward a 

check to the consent Decree library at 

the address stated above). 

Karen Dworkin, 

Assistant Chief, Environment Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 06–9999 Filed 1–5–07; 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 of 

1980 (‘‘CERCLA’’) 

Consistent with Section 122(d) of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act of 1980, as amended (‘‘CERCLA’’), 

42 U.S.C. 9622(d), and 28 CFR 50.7, 

notice is hereby given that on December 

21, 2006, a proposed Partial Consent 

Decree with Flowserve Corporation in 

United States v. Ferguson Harbour 

Service Inc. et al., No. 3:03–CV–1266 

(S.D. Miss.), was lodged with the United 

States District Court for the Southern 

District of Mississippi. 

In this action, the United States seeks 

to recover from various defendants, 

pursuant to Section 107 of CERCLA, 42 

U.S.C. 9607, the costs incurred and to be 

incurred by the United States in 

responding to the release and/or 

threatened release of hazardous 

substances at and from the Industrial 

Pollution Control Site in Jackson, Hinds 

County, Mississippi. Under the 

proposed Consent Decree, Defendant 

Flowserve Corporation will pay $50,000 

to the Hazardous Substances Superfund 

in reimbursement of the costs incurred 

by the United States at 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 Partial 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. Ferguson Harbour Service Inc. 

et al. (Consent Decree with Flowserve 

Corporation, DOJ Ref. No. 90–11–3–

06625/5). 

The Consent Decree may be examined 

at U.S. EPA Region 4, Atlanta Federal 

Center, 61 Forsyth Street, SW., Atlanta, 

Georgia 30303 (contact Matthew Hicks, 

Esq. (404) 562–9670). 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, 

U.S. Department of Justice, P.O. Box 

7611, 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 refer to United 

States v. Ferguson Harbour Service Inc. 

et al. (Consent Decree with Flowserve 

Corporation, DOJ Ref. No. 90–11–3–

06625/5), and enclose a check in the 

amount of $5.25 (25 cents per page 

reproduction cost) payable to the U.S. 

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


jlentini on PROD1PC65 with NOTICES