Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices 4053 

settlement prior to entry of the Decree 

by the Court), including $6.4 million 

from federal departments and agencies, 

in reimbursement of past costs, with 

interest on that entire past costs amount 

payable from December 8, 2007 through 

the date of payment; (2) $3,218,700 for 

natural resource damage (NRD) 

restoration projects; and (3) an annuity 

paying $27 million over thirty years for 

cleanup and operation and maintenance 

(O&M) costs to be incurred at the Site 

in connection with the remedy. In 

addition, Plaintiffs will recover the net 

proceeds of contribution actions against 

non-settling parties. 

There have been two prior settlements 

in these cases. In 2003, in two de 

minimis consent decrees, Plaintiffs 

resolved the liability of 58 de minimis 

parties for response costs for $3.26 

million and resolved the liability of a 

subset of those parties for NRD for 

$302,000. Subsequently, in 2005, 

Plaintiffs entered into an ability-to-pay 

settlement with former Site owners and 

transporters for $13,047,121.50. 

This Decree does not select the 

remedy or determine future uses at the 

Site. Rather, the settlement provides, in 

part, continued funding for the remedy 

selected in the 1986 Site Record of 

Decision. The Decree also provides 

settling parties a Covenant Not to Sue by 

the Plaintiffs pursuant to CERCLA and 

Section 7003 of the Resource 

Conservation and Recovery Act (RCRA), 

42 U.S.C. 9673, for all costs and 

remedial activities at the Site. The State 

Plaintiffs similarly provide a Covenant 

Not to Sue pursuant to the Spill Act and 

other authorities. In the event new 

information or conditions are 

discovered, the Covenants are subject to 

a reopener against parties specified in 

the Decree believed to have sent higher 

volumes of waste to 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 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 United States Department of 

Justice, Post Office Box 7611, 

Washington, DC 20044–7611, and 

should refer to United States v. 

Beckman Coulter, Inc., et al., Civil 

Action No. 98–CV–4812, and DOJ 

Reference No. 90–11–2–1134/1. 

Commenters may request an 

opportunity for a public meeting in the 

affected area, in accordance with 

Section 7003(d) of RCRA, 42 U.S.C. 

6973(d). The proposed Decree may be 

examined at: (1) The Office of the 

United States Attorney for the District of 

New Jersey, 970 Broad Street–Room 

700, Newark, New Jersey 07102 (973– 

645–2700); and (2) the United States 

Environmental Protection Agency– 

Region II, 290 Broadway–17th Floor, 

New York, New York 10007 (contact: 

William C. Tucker, Assistant Regional 

Counsel, 212–637–3139). 

During the public comment period, 

the proposed Decree may also be 

examined at the Department of Justice 

Web site, http://www.usdoj.gov/enrd/

Consent_Decrees.html. A copy of the 

proposed Decree may also be obtained 

by mail from the Consent Decree 

Library, United States Department of 

Justice, Post Office Box 7611, 

Washington, DC 20044–7611 or by 

faxing or e-mailing a request to Tonia 

Fleetwood (tonia.fleetwood@usdoj.gov) 

(fax 202–514–0097, phone confirmation 

202–514–1547). In requesting a copy 

from the Consent Decree Library, please 

refer to the referenced case and DOJ 

Reference Number and enclose a check 

for $59.25 for the Decree (237 pages 

including Appendices, at 25 cents per 

page reproduction costs), made payable 

to the United States Treasury or, if by 

e-mail or fax, forward a check in that 

amount to the Consent Decree Library at 

the stated address. 

Ronald G. Gluck, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. E9–1147 Filed 1–21–09; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Water Act 

Notice is hereby given that on January 

12, 2009, a proposed Consent Decree 

(the ‘‘Consent Decree’’) in United States 

v. Shell Chemical Yabucoa, Inc., Civil 

Action No. 3:09–cv–1019 was lodged 

with the United States District Court for 

the District of Puerto Rico. 

In a complaint, filed simultaneously 

with the Decree, the United States 

alleges that Shell Chemical Yabucoa, 

Inc. (‘‘Shell’’) violated the Clean Water 

Act, 33 U.S.C. 1251 et seq. (the ‘‘Act’’) 

at its facility in Yabucoa, Puerto Rico 

(‘‘Facility’’) by discharging pollutants in 

excess of effluent limitations contained 

in its National Pollutant Discharge 

Elimination System (‘‘NPDES’’) Permit 

No. PR0000400, by discharging effluent 

from unpermitted discharge points as a 

result of two pipeline ruptures, by 

discharging unauthorized pollutants 

from a permitted discharge point, by 

failing to report violations, and by 

failing to provide adequate operation 

and maintenance at the Facility as 

required by NPDES Permit No. 

PR0000400. 

The Consent Decree requires Shell to 

implement injunctive relief to bring the 

Facility into compliance with the Act, 

including to install and operate a rain 

gauge at the Facility, to collect, measure, 

and maintain records of the rainfall 

received at the Facility; to conduct 

maintenance of the Facility’s flood 

control pond to minimize discharges of 

storm water from the Facility; and to 

conduct several studies and implement 

compliance measures to reduce the 

concentration of pollutants contained in 

the Facility’s storm water discharges. 

The Facility currently is not conducting 

any petrochemical production 

operations, but if the Facility initiates 

production operations at any time 

before the Consent Decree terminates, 

which is estimated to be in 

approximately 3 years, Shell must 

design, construct and operate a storm 

water storage facility that provides for 

the temporary storage of at least 1.34 

million gallons of storm water. The 

Consent Decree also requires Shell to 

pay a $1,025,000 civil penalty to the 

United States. 

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 e-mailed to 

pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, United States 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. Shell Chemical Yabucoa, Inc., 

D.J. Ref. 90–5–1–1–08400. 

The Consent Decree may be examined 

at the Office of the United States 

Attorney, Torre Chardo ́n, Room 1201, 

350 Chardo ́n Street, San Juan, Puerto 

Rico 00918, and at U.S. EPA Region 2, 

Office of Regional Counsel, 290 

Broadway, New York, New York 10007– 

1866. 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 from the Consent Decree Library, 

please enclose a check in the amount of 


rmajette on PRODPC74 with NOTICES
4054 Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices 

$16.00 (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. 

Ronald Gluck, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. E9–1155 Filed 1–21–09; 8:45 am] 

BILLING CODE 4410–15–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 Title 21 

Code of Federal Regulations (CFR), 

1301.34(a), this is notice that on 

September 18, 2008, ISP Freetown Fine 

Chemicals, 238 South Main Street, 

Assonet, Massachusetts 02702, made 

application by renewal to the Drug 

Enforcement Administration (DEA) to 

be registered as an importer of 

Phenylacetone (8501), a basic class of 

controlled substance listed in schedule 

II. 

The company plans to import the 

Phenylacetone to manufacture 

Amphetamine. 

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 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 February 23, 2009. 

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 substances 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 14, 2009. 

Joseph T. Rannazzisi, 

Deputy Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration. 

[FR Doc. E9–1198 Filed 1–21–09; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Manufacturer of Controlled 

Substances; Notice of Registration 

By Notice dated October 9, 2008 and 

published in the Federal Register on 

October 17, 2008 (73 FR 61909), 

Noramco Inc., Division of Ortho McNeil, 

Inc., 500 Swedes Landing Road, 

Wilmington, Delaware 19801–4417, 

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 

Codeine-N-oxide (9053) ............... I 

Dihydromorphine (9145) ............... I 

Morphine-N-oxide (9307) ............. I 

Methylphenidate (1724) ................ II 

Codeine (9050) ............................. II 

Dihydrocodeine (9120) ................. II 

Oxycodone (9143) ........................ II 

Hydromorphone (9150) ................ II 

Hydrocodone (9193) ..................... II 

Morphine (9300) ........................... II 

Thebaine (9333) ........................... II 

Opium extracts (9610) .................. II 

Opium fluid extract (9620) ............ II 

Opium tincture (9630) .................. II 

Opium, powdered (9639) ............. II 

Opium, granulated (9640) ............ II 

Oxymorphone (9652) ................... II 

The company plans to bulk 

manufacture the above listed controlled 

substances for sale and distribution to 

manufacturers for product development 

and formulation. 

Drug code 1726 (methylphenidate) 

has been withdrawn from the 

application for registration as all 

manufacturing activity for 

methylphenidate can be conducted 

under drug code 1724 for the same 

substance. 

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 

Noramco Inc. to manufacture the listed 

basic classes of controlled substances is 

consistent with the public interest at 

this time. DEA has investigated 

Noramco Inc. 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 14, 2009. 

Joseph T. Rannazzisi, 

Deputy Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration. 

[FR Doc. E9–1196 Filed 1–21–09; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Manufacturer of Controlled 

Substances; Notice of Registration 

By Notice dated September 8, 2008, 

and published in the Federal Register 

on September 15, 2008 (73 FR 53280), 

Chattem Chemicals Inc., 3801 St. Elmo 

Avenue, Building 18, Chattanooga, 

Tennessee 37409, 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 

4-Methoxyamphetamine (7411) ... I 

Dihydromorphine (9145) ............... I 

Difenoxin (9168) ........................... I 

Amphetamine (1100) .................... II 

Methamphetamine (1105) ............ II 

Lisdexamfetamine (1205) ............. II 

Methylphenidate (1724) ................ II 

Pentobarbital (2270) ..................... II 

Codeine (9050) ............................. II 

Dihydrocodeine (9120) ................. II 

Oxycodone (9143) ........................ II 

Hydromorphone (9150) ................ II 

Hydrocodone (9193) ..................... II 

Meperidine (9230) ........................ II 


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