74330 Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Notices 

Barracuda Networks, Inc, 3175 S. 

Winchester Blvd., Campbell, California 

95008. 

Panda Software International S.L., 

Buenos Aires 12, 48.001 Bilbao, Spain. 

Panda Distribution, Inc., 230 N. 

Maryland Avenue, Suite 303, Glendale, 

California 91206. 

(c) The Commission investigative 

attorney, party to this investigation, is 

Rett Snotherly, Esq., Office of Unfair 

Import Investigations, U.S. International 

Trade Commission, 500 E Street, SW., 

Suite 401, Washington, DC 20436; and 

(3) For the investigation so instituted, 

the Honorable Carl C. Charneski 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 section 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 not later than 20 

days after the date of service by the 

Commission of the complaint and the 

notice of investigation. Extensions of 

time for submitting responses to the 

complaint and the notice of 

investigation 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 an initial determination 

and a final determination containing 

such findings, and may result in the 

issuance of an exclusion order or cease 

and desist order or both directed against 

the respondent. 

By order of the Commission. 

Issued: December 21, 2007. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E7–25278 Filed 12–28–07; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Consent Decree Under the Clean Water 

Act 

Notice is hereby given that on 

December 13, 2007, a Consent Decree in 

United States of America v. Merck & 

Co., Inc., Civil Action No. 07–cv–5239, 

was lodged with the United States 

District Court for the Eastern District of 

Pennsylvania. 

The proposed consent decree with 

Merck & Co., Inc., (‘‘Merck’’) resolves 

the claims of the United States on behalf 

of EPA against Merck for injunctive 

relief and civil penalties under section 

309 of the Clean Water Act (‘‘CWA’’), 33 

U.S.C. 1319, in connection with the 

pharmaceutical and vaccine research 

and manufacturing facility located in 

West Point, Montgomery County, 

Pennsylvania. Pursuant to the consent 

decree, Merck will pay a total of 

$1,575,000 in penalties. Merck will pay 

a civil penalty of $750,000 to the United 

States, $750,000 to the Commonwealth, 

and $75,000 to the Pennsylvania Fish 

and Boat Commission. In addition, 

Merck has undertaken, and will 

continue to take, remedial measures at 

their facility to prevent further 

discharges. Finally, Merck has agreed to 

State Community Environmental 

Projects and Federal Supplemental 

Environmental Projects at a value in 

excess of $9 million. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to this 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, Attention: Nancy 

Flickinger (EES), and may be submitted 

by electronic mail to the following 

address: pubcommentees.enrd@usdj.gov. Comments should 

refer to United States of America v. 

Merck & Co., Inc., Civil Action No. 07–

cv–5239 D.J. Ref. 90–5–1–1–09062. 

The proposed Consent Decree may be 

examined at the Office of the United 

States Attorney for the Eastern District 

of Pennsylvania, 615 Chestnut Street, 

Suite 1250, Philadelphia, Pennsylvania 

19106, and at U.S. EPA Region III’s 

Office, 1650 Arch Street, Philadelphia, 

PA 19103. 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 

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 

$7.75 (25 cents per page reproduction 

cost for a full copy) payable to the U.S. 

Treasury. 

Robert D. Brook, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 07–6243 Filed 12–28–07; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Air Act 

Notice is hereby given that on 

December 14, 2007, a proposed Consent 

Decree in Barbara Fisher and the United 

States v. Perma-Fix of Dayton, Inc., 

Civil Action No. 3:04 CV 418, was 

lodged with the United States District 

Court for the Southern District of Ohio. 

This case began as a citizen suit filed 

by Barbara Fisher against Perma-Fix of 

Dayton, Inc. (‘‘Perma-Fix’’) under 

section 304 of the Clean Air Act (‘‘CAA’’

or ‘‘Act’’) for violations of provisions of 

the federally enforceable Ohio State 

Implementation Plan (‘‘SIP’’) adopted 

pursuant to section 110 of the Act, 42 

U.S.C. 7410; violations of the Title V 

Permit Program at section 502(a) of the 

Act, 42 U.S.C. 7661a, and 40 CFR 

70.5(a) and 70.7(b), and Ohio Admin. 

Code Chapter 3745–77; violations of the 

National Emission Standards for 

Hazardous Air Pollutants (‘‘NESHAP’’) 

for Off-Site Waste Recovery Operations 

(the ‘‘OSWRO regulations’’) codified at 

40 CFR Part 63, Subpart DD; and 

violation of the nuisance provisions at 

Ohio Administrative Code 3745–15–07. 

The United States intervened as a 

plaintiff in this action, seeking 

injunctive relief and civil penalties 

under section 113(b) of the Act, 42 

U.S.C. 7413(b), against Perma-Fix for 

violations of the OSWRO NESAHAP 

regulations codified at 40 CFR Part 63, 

Subpart DD; the general NESHAP 

regulations at 40 CFR Part 63, Subpart 

A; the Title V Permit Program at section 

502(a) of the Act, 42 U.S.C. 7661a, and 

40 CFR 70.5(a) and 70.7(b), and Ohio 

Admin. Code Chapter 3745–77; and 

provisions in the federally enforceable 

Ohio SIP adopted pursuant to section 

110 of the Act, 42 U.S.C. 7410. The 

violations occurred at Perma-Fix’s 

industrial waste processing facility in 

Dayton, Ohio. 

The proposed Consent Decree 

resolves the United States’ claims 

against Perma-Fix. Under the proposed 

Consent Decree, Perma-Fix will 

implement a compliance program that 

includes: Implementation of certain 


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Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Notices 74331 

pollution control measures at specified 

emission units; installation of a 

continuous monitoring system at the 

facility’s regenerative thermal oxidizer 

(‘‘RTO’’); venting of certain vapor 

streams to the RTO; and engineering 

evaluation of airflow through the closed 

vent system to the RTO; visual 

inspection of vents, the closed vent 

system, and wastewater transfer lines; 

the implementation of standard 

operating procedures for the 

containment areas, the bioplant, and the 

solidification process; and the 

submission of applications for stateissued permits to install and an 

application for a Clean Air Act Title V 

permit. In addition, Perma-Fix will pay 

a civil penalty of $360,000 and perform 

three Supplemental Environmental 

Projects at the cost of at least $562,000. 

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-ees.enrd@usdoj.gov or 

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

Department of Justice, Washington, DC 

20044–7611, and should refer to 

Barbara Fisher and the United States v. 

Perma-Fix of Dayton, Inc., D.J. Ref. 90–

5–2–1–08318. 

The proposed Consent Decree may be 

examined at the Office of the United 

States Attorney, Room 602, Federal 

Building, 200 W. Second Street, Dayton, 

Ohio 45402, and at U.S. EPA Region 5, 

77 West Jackson Boulevard, Chicago, IL 

60604. During the public comment 

period, the proposed Consent Decree 

may also be examined on the following 

Department of Justice Web site, to 

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 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 

$17.25 (25 cents per page reproduction 

cost) payable to the U.S. Treasury or, if 

by e-mail or fax, forward a check in that 

moment to the Consent Decree Library 

at the stated address. 

Thomas A. Mariani, Jr., 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 07–6242 Filed 12–28–07; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Antitrust Division 

Notice Pursuant to the National 

Cooperative Research and Production 

Act of 1993—Open DeviceNet Vendor 

Association, Inc. 

Notice is hereby given that, on 

November 14, 2007, pursuant to section 

6(a) of the National Cooperative 

Research and Production Act of 1993, 

15 U.S.C. 4301 et seq. (‘‘the Act’’), Open 

DeviceNet Vendor Association, Inc. 

(‘‘ODVA’’) has filed written notifications 

simultaneously with the Attorney 

General and the Federal Trade 

Commission disclosing changes in its 

membership. The notifications were 

filed for the purpose of extending the 

Act’s provisions limiting the recovery of 

antitrust plaintiffs to actual damages 

under specified circumstances. 

Specifically, Camozzi SPA, Brescia, 

ITALY; and Trinite Automatisering 

B.V., Mydrecht, THE NETHERLANDS 

have been added as paries to this 

venture. Also, Advance Electric 

Company, Inc., Aichi, JAPAN; AMC 

Technologies, Edmonton, Alberta, 

CANADA; AVG Automation (Uticor), 

Bettendorf, IA; Cooper Power Tools, 

Lexington, SC; Daniel Woodhead Co. 

(Woodhead Connectivity), Northbrook, 

IL; Eilersen Electric A/S, Koddedal, 

DENMARK; Helix Technology 

Corporation (Granville-Phillips), 

Clemsford, MA; MAC Valves, Inc., 

Wixom, MI; Microwave Data Systems, 

Rochester, NY; Wizardry Inc., 

Gardnerville, NV; Woodhead Software & 

Electronics (SST), Waterloo, Ontario, 

CANADA; and Woodhead Software & 

Electronics France, Caudebec Les 

Elbeuf, FRANCE have withdrawn as 

parties to this venture. 

No other changes have been made in 

either the membership or planned 

activity of the group research project. 

Membership in this group research 

project remains open, and ODVA 

intends to file additional written 

notifications disclosing all changes in 

membership. 

On June 21, 1995, ODVA filed its 

original notification pursuant to section 

6(a) of the Act. The Department of 

Justice published a notice in the Federal 

Register pursuant to section 6(b) of the 

Act on February 15, 1996 (61 FR 6039). 

The last notification was filed with 

the Department on August 30, 2007. A 

notice was published in the Federal 

Register pursuant to section 6(b) of the 

Act on November 7, 2007 (72 FR 62866). 

Patricia A. Brink, 

Deputy Director of Operations, Antitrust 

Division. 

[FR Doc. 07–6227 Filed 12–28–07; 8:45 am] 

BILLING CODE 4410–11–M 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Manufacturer of Controlled 

Substances; Notice of Application 

Pursuant to § 1301.33(a), Title 21 of 

the Code of Federal Regulations (CFR), 

this is notice that on December 10, 2007, 

Chattem Chemicals, Inc., 3801 St. Elmo 

Avenue, Building 18, Chattanooga, 

Tennessee 37409, made application by 

letter to the Drug Enforcement 

Administration (DEA) to be registered as 

a bulk manufacturer of Oripavine 

(9330), a basic class of controlled 

substance listed in schedule II. 

The company plans to manufacture 

the listed controlled substance in bulk 

for sale to its customers. 

Any other such applicant and any 

person who is presently registered with 

DEA to manufacture such substance 

may file comments or objections to the 

issuance of the proposed registration 

pursuant to 21 CFR 1301.33(a). Any 

such comments or objections being sent 

via regular mail should be addressed, in 

quintuplicate, to the Drug Enforcement 

Administration, Office of Diversion 

Control, Federal Register Representative 

(ODL), Washington, DC 20537; or any 

being sent via express mail should be 

sent to the Drug Enforcement 

Administration, Office of Diversion 

Control, Federal Register Representative 

(ODL), 8701 Morrissette Drive, 

Springfield, Virginia 22152; and must be 

filed no later than February 29, 2008. 

Dated: December 20, 2007. 

Joseph T. Rannazzisi, 

Deputy Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration. 

[FR Doc. E7–25329 Filed 12–28–07; 8:45 am] 

BILLING CODE 4410–09–P 


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