Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Notices 6061 

for alleged environmental violations of 

the Prevention of Significant 

Deterioration (‘‘PSD’’) provisions of the 

Act, 42 U.S.C. 7470–7492; the 

nonattainment New Source Review 

(‘‘nonattainment NSR’’) provisions of the 

Act, 42 U.S.C. 7501–7515; and the 

federally-approved and enforceable state 

implementation plans, which 

incorporate and/or implement the above 

listed federal PSD and/or nonattainment 

NSR requirements. The Complaint also 

alleges violations of Title V of the Act, 

42 U.S.C. §§ 7661–7661f, and Title V’s 

implementing Federal and State 

regulations. These violations are alleged 

to have occurred at one or more of each 

of the Lafarge Companies’ Portland 

cement plants located in Alpena, 

Michigan; Ravena, New York; Tulsa, 

Oklahoma; Fredonia, Kansas; Sugar 

Creek, Missouri; Buffalo, Iowa; 

Paulding, Ohio; Gand Chain, Illinois; 

Seattle, Washington; Whitehall, 

Pennsylvania; Harleyville, South 

Carolina; Atlanta, Georgia; and Calera, 

Alabama. 

Under the proposed settlement, the 

Lafarge Companies will be required to 

implement pollution control 

technologies to reduce emissions of 

nitrogen oxides and sulfur dioxide at 

designated cement kilns and to meet 

emission limits which are either set 

forth in the Consent Decree or will be 

set later by following procedures 

specified in the Decree. In addition, the 

Lafarge Companies must pay a total civil 

penalty of $5,075,000. Two-thirds of 

this penalty ($3,383,000) will be paid to 

the United States, and the remaining 

one-third will be shared among the 

participating states and agencies as set 

forth in the Consent Decree. 

The States of Alabama, Illinois, Iowa, 

Kansas, Michigan, Missouri, New York, 

Ohio and the Commonwealth of 

Pennsylvania Department of 

Environmental Protection, the South 

Carolina Department of Health and 

Environmental Control, the Washington 

State Department of Ecology, the 

Oklahoma Department of Environmental 

Quality, and the Puget Sound Clean Air 

Agency have joined in this settlement as 

signatories to the Consent Decree. 

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 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, et al. v. Lafarge North America, 

Inc., et al., D.J. Ref. 90–5–2–1–08221. 

The Consent Decree may be examined 

at the Office of the United States 

Attorney, Nine Executive Drive, 

Fairview Heights, Illinois 62208–1344 

and at U.S. EPA Region 5, 77 West 

Jackson Blvd., Chicago, Illinois 60604– 

3590. 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 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 $38.00 (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. 

Maureen Katz, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2010–2489 Filed 2–4–10; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Importer of Controlled Substances; 

Notice of Registration 

By Notice dated January 9, 2009, and 

published in the Federal Register on 

January 21, 2009, (74 FR 3641), Kenco 

VPI, Division of Kenco Group, Inc., 350 

Corporate Place, Chattanooga, 

Tennessee 37419, made application by 

renewal to the Drug Enforcement 

Administration (DEA) to be registered as 

an importer of Nabilone (7379), a basic 

class of controlled substance listed in 

schedule II. 

The company plans to import the 

listed controlled substance for 

distribution to its customers. 

One comment was received 

concerning this application. The 

comment states that DEA added 

Schedule II and the drug code for 

Nabilone (7379) to Kenco VPI’s importer 

registration without the benefit of the 

required legal process for modifying the 

DEA registration. The comment further 

states that, after Kenco VPI was properly 

registered as an importer of Nabilone on 

November 1, 2006, there was no further 

mention of Nabilone in any subsequent 

notices of Kenco VPI’s applications or 

approval of its applications published in 

the Federal Register by DEA until the 

application published on January 21, 

2009. (74 FR 3641) The comment also 

requested clarification whether Kenco 

VPI imports Nabilone in finished drug 

product in dosage form or in bulk active 

pharmaceutical ingredient (API) form. 

Finally, the comment inquires if the 

aggregate national quota for Nabilone 

established by DEA will be affected by 

Kenco VPI’s application. 

DEA’s response to the issues raised in 

the comment are as follows: DEA has 

already admitted that Kenco VPI’s 

importer registration received Schedule 

II and the drug code for Nabilone 

without the benefit of the required legal 

process. On August 1, 2006, a Notice of 

Application (71 FR 43526) was 

published for Kenco VPI in the Federal 

Register. Subsequently, on November 1, 

2006, a Notice of Registration (71 FR 

64298) was published. These notices 

addressed DEA’s issuance to Kenco 

VPI’s importer registration of Schedule 

II and the drug code for Nabilone 

without the benefit of the required legal 

process. As a result of the publication of 

these notices, Kenco VPI’s importer 

registration has been legally authorized 

to import Nabilone, effective: November 

1, 2006. 

DEA rejects the comment’s assertion 

that, between November 1, 2006 and 

January 21, 2009, there was no further 

mention of Nabilone in any subsequent 

notices of Kenco VPI’s applications or 

approval of its applications published in 

the Federal Register by DEA. This 

assertion is incorrect. Four notices were 

published between November 1, 2006 

and January 21, 2009 as follows: (71 FR 

66974, November 17, 2006), (72 FR 

8792, February 27, 2007), (73 FR 14840, 

March 19, 2008), (73 FR 31510, June 2, 

2008). Each of these notices mentions 

Nabilone. 

With regard to the comment’s request 

for clarification of whether Kenco VPI 

imports Nabilone in finished drug 

product in dosage form or in bulk active 

pharmaceutical ingredient (API) form, 

the company imports finished drug 

products in dosage form only. Kenco 

VPI does not import Nabilone in bulk 

active pharmaceutical ingredient (API) 

form. Since there are no domestic 

sources of Nabilone in finished drug 

product form available within the 

United States and since the product 

which Kenco VPI imports has been 

approved for medical use within the 

United States by the U.S. Food and Drug 

Administration, DEA finds no reason to 

reject Kenco VPI’s application. The 


srobinson on DSKHWCL6B1PROD with NOTICES
6062 Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Notices 

aggregate national quota for Nabilone 

established by DEA will not be affected 

by this application of Kenco VPI since 

the company imports Nabilone in 

finished drug product form only. 

DEA has considered the factors in 21 

U.S.C. 823(a) and 952(a) and determined 

that the registration of Kenco VPI to 

import the basic class of controlled 

substance is consistent with the public 

interest, and with United States 

obligations under international treaties, 

conventions, or protocols in effect on 

May 1, 1971, at this time. DEA has 

investigated Kenco VPI to ensure that 

the company’s registration is consistent 

with the public interest. The 

investigation has included inspection 

and testing of the company’s physical 

security systems, verification of the 

company’s compliance with state and 

local laws, and a review of the 

company’s background and history. 

Therefore, pursuant to 21 U.S.C. 952(a) 

and § 958(a), and in accordance with 21 

CFR 1301.34, the above named company 

is granted registration as an importer of 

the basic class of controlled substance 

listed. 

Dated: January 29, 2010. 

Joseph T. Rannazzisi, 

Deputy Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration. 

[FR Doc. 2010–2570 Filed 2–4–10; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Importer of Controlled Substances; 

Notice of Application 

Pursuant to 21 U.S.C. 958(i), the 

Attorney General shall, prior to issuing 

a registration under this Section to a 

bulk manufacturer of a controlled 

substance in schedule I or II, and prior 

to issuing a regulation under 21 U.S.C. 

952(a)(2), authorizing the importation of 

such a substance, provide 

manufacturers holding registrations for 

the bulk manufacture of the substance 

an opportunity for a hearing. 

Therefore, in accordance with 21 CFR 

1301.34(a), this is notice that on April 

3, 2009, Wildlife Laboratories, 1401 Duff 

Drive, Suite 400, Fort Collins, Colorado 

80524, made application by renewal to 

the Drug Enforcement Administration 

(DEA) to be registered as an importer of 

Etorphine Hydrochloride (9059), a basic 

class of controlled substance listed in 

schedule II. 

The company plans to import the 

listed controlled substance for sale to its 

customers. 

Any bulk manufacturer who is 

presently, or is applying to be, 

registered with DEA to manufacture 

such basic class of controlled substance 

may file comments or objections to the 

issuance of the proposed registration 

and may, at the same time, file a written 

request for a hearing on such 

application pursuant to 21 CFR 1301.43, 

and in such form as prescribed by 21 

CFR 1316.47. 

Any such written comments or 

objections should be addressed, in 

quintuplicate, 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 March 8, 2010. 

This procedure is to be conducted 

simultaneously with, and independent 

of, the procedures described in 21 CFR 

1301.34(b), (c), (d), (e), and (f). As noted 

in a previous notice published in the 

Federal Register on September 23, 1975, 

(40 FR 43745–46), all applicants for 

registration to import a basic class of 

any controlled substance in schedule I 

or II are, and will continue to be, 

required to demonstrate to the Deputy 

Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration, that the requirements 

for such registration pursuant to 21 

U.S.C. 958(a), 21 U.S.C. 823(a), and 21 

CFR 1301.34(b), (c), (d), (e), and (f) are 

satisfied. 

Dated: January 27, 2010. 

Joseph T. Rannazzisi, 

Deputy Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration. 

[FR Doc. 2010–2575 Filed 2–4–10; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Manufacturer of Controlled 

Substances Notice of Registration 

By Notice dated August 21, 2009, and 

published in the Federal Register on 

September 8, 2009, (74 FR 46232), 

Research Triangle Institute, Kenneth H. 

Davis Jr., Hermann Building, East 

Institute Drive, P.O. Box 12194, 

Research Triangle, North Carolina 

27709, made application by renewal to 

the Drug Enforcement Administration 

(DEA) to be registered as a bulk 

manufacturer of the basic classes of 

controlled substances listed in 

schedules I and II: 

Drug Schedule 

Marihuana (7360) ......................... I 

Tetrahydrocannabinols (7370) ..... I 

Cocaine (9041) ............................. I 

The Institute will manufacture small 

quantities of cocaine and marihuana 

derivatives for use by their customers in 

analytical kits, reagents, and reference 

standards as directed by the National 

Institute on Drug Abuse. 

No comments or objections have been 

received. DEA has considered the 

factors in 21 U.S.C. 823(a) and 

determined that the registration of 

Research Triangle Institute to 

manufacture the listed basic classes of 

controlled substances is consistent with 

the public interest at this time. DEA has 

investigated Research Triangle Institute 

to ensure that the company’s 

registration is consistent with the public 

interest. The investigation has included 

inspection and testing of the company’s 

physical security systems, verification 

of the company’s compliance with state 

and local laws, and a review of the 

company’s background and history. 

Therefore, pursuant to 21 U.S.C. 823, 

and in accordance with 21 CFR 1301.33, 

the above named company is granted 

registration as a bulk manufacturer of 

the basic classes of controlled 

substances listed. 

Dated: January 25, 2010. 

Joseph T. Rannazzisi, 

Deputy Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration. 

[FR Doc. 2010–2578 Filed 2–4–10; 8:45 am] 

BILLING CODE 4410–09–P 

MARINE MAMMAL COMMISSION 

Notice of Meeting 

Time and Date: The Marine Mammal 

Commission will conduct a review of 

the potential effects of human activities, 

including aquaculture operations, on 

harbor seals in Drake’s Estero, Mann 

County, California, on 21–24 February 

2010 from 9 a.m. to approximately 6 

p.m. 

Place: The Red Barn, Point Reyes 

National Seashore, I Bear Valley Road, 

Point Reyes Station, CA 94956. 

Status: Sessions on Sunday, February 

21, and Tuesday and Wednesday, 

February 23–24 will be open to the 

public. Public participation will be 

allowed as time permits and as 

determined to be desirable by the 

meeting chairperson. There will be no 

public meeting on Monday, February 

22. 


srobinson on DSKHWCL6B1PROD with NOTICES