4052 Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices 

(1) Hydraulic excavators 

manufactured by or under authority of 

Caterpillar Inc. for sale and use outside 

the North America Commercial Division 

(United States and Canada) which (a) 

bear one or more of the following U.S. 

Trademark Reg. Nos. 2,140,605; 

2,140,606; 2,421,077; and 2,448,848 and 

(b) are materially different from 

hydraulic excavators manufactured by 

or under authority of Caterpillar Inc. for 

sale and use in the United States, are 

excluded from entry for consumption 

into the United States, entry for 

consumption from a foreign-trade zone, 

or withdrawal from warehouse for 

consumption, except if imported by, 

under license from, or with the 

permission of the trademark owner, or 

as provided by law, until such date as 

the trademarks are abandoned, 

canceled, or rendered invalid or 

unenforceable. This paragraph shall 

apply to hydraulic excavators exported, 

shipped, sold, purchased, or imported 

by any and all persons, including 

authorized Caterpillar dealers. 

(2) Notwithstanding paragraph 1 of 

this Order, the aforesaid hydraulic 

excavators excludable under paragraph 

1 of this Order are entitled to entry into 

the United States for consumption, 

entry for consumption from a foreign 

trade zone, or withdrawal from a 

warehouse for consumption, under 

bond in the amount of 100 percent of 

entered value pursuant to subsection (j) 

of section 337 of the Tariff Act of 1930, 

as amended (19 U.S.C. 1337(j)), and the 

Presidential memorandum for the 

United States Trade Representative of 

July 21, 2005 (70 FR 43251) from the 

day after this Order is received by the 

United States Trade Representative until 

such time as the United States Trade 

Representative notifies the Commission 

that this Order is approved or 

disapproved but, in any event, not later 

than 60 days after the date of receipt of 

this Order. 

(3) In accordance with 19 U.S.C. 

1337(l), the provisions of this Order 

shall not apply to hydraulic excavators 

bearing the asserted trademarks that are 

imported by and for the use of the 

United States, or imported for, and to be 

used for, the United States with the 

authorization or consent of the 

Government. 

(4) Complainant Caterpillar Inc. shall 

file a written statement with the 

Commission, made under oath, each 

year on the anniversary of the issuance 

of this Order stating whether Caterpillar 

Inc. continues to use each of the 

aforesaid trademarks in commerce in 

the United States in connection with 

hydraulic excavators, whether any of 

the aforesaid trademarks has been 

abandoned, canceled, or rendered 

invalid or unenforceable, and whether 

Caterpillar Inc. continues to satisfy the 

economic requirements of section 

337(a)(2). 

(5) The Commission may modify this 

Order in accordance with the 

procedures described in section 210.76 

of the Commission’s Rules of Practice 

and Procedure (19 CFR 210.76). 

(6) The Secretary shall serve copies of 

this Order upon each party of record in 

this investigation and upon the 

Department of Health and Human 

Services, the Department of Justice, the 

Federal Trade Commission, and the U.S. 

Customs and Border Protection. 

(7) Notice of this Order shall be 

published in the Federal Register. 

(8) At the discretion of U.S. Customs 

and Border Protection (‘‘CBP’’) and 

pursuant to procedures it establishes, 

persons seeking to import hydraulic 

excavators that are potentially subject to 

this Order may be required to certify 

that they are familiar with the terms of 

this Order, that they have made 

appropriate inquiry, and thereupon state 

that, to the best of their knowledge and 

belief, the products being imported are 

not excluded from entry under 

paragraphs 1 through 7 of this Order. At 

its discretion, Customs may require 

persons who have provided the 

certification described in this paragraph 

to furnish such records or analyses as 

are necessary to substantiate the 

certification. 

By Order of the Commission. 

Issued: January 14, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–1092 Filed 1–21–09; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[USITC SE–09–002] 

Government in the Sunshine Act 

Meeting Notice 

AGENCY HOLDING THE MEETING: United 

States International Trade Commission. 

TIME AND DATE: January 27, 2009 at 9:30 

a.m. 

PLACE: Room 101, 500 E Street SW., 

Washington, DC 20436, Telephone: 

(202) 205–2000. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: 

1. Agenda for future meetings: none 

2. Minutes 

3. Ratification List 

4. Inv. No. 731–TA–1140 (Final) 

(Uncovered Innerspring Units from 

China)—briefing and vote. (The 

Commission is currently scheduled to 

transmit its determination and 

Commissioners’ opinions to the 

Secretary of Commerce on or before 

February 11, 2009.) 

5. Outstanding action jackets: none 

In accordance with Commission 

policy, subject matter listed above, not 

disposed of at the scheduled meeting, 

may be carried over to the agenda of the 

following meeting. 

By order of the Commission: 

Issued: January 15, 2009. 

William R. Bishop, 

Hearings and Meetings Coordinator. 

[FR Doc. E9–1213 Filed 1–21–09; 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 

In accordance with Section 122 of the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA), 42 U.S.C. 9622, the 

Department of Justice gives notice that, 

on January 6, 2009, a proposed Consent 

Decree (the Decree) in United States v. 

Beckman Coulter, Inc., et al., Civil 

Action No. 98–CV–4812, and New Jersey 

Department of Environmental 

Protection, et al. v. American 

Thermoplastics Corp., et al., Civil 

Action No. 98–CV–4781, was lodged 

with the United States District Court for 

the District of New Jersey. The Decree 

addresses recovery of response costs 

incurred or to be incurred and natural 

resource damages at the Combe Fill 

South Landfill Superfund Site (the Site), 

located in Washington and Chester 

Townships in Morris County, New 

Jersey. In these consolidated cases, the 

United States and the New Jersey 

Department of Environmental Protection 

brought civil claims against 31 

potentially responsible parties (PRPs) 

under Section 107 of CERCLA, 42 U.S.C. 

9607, for recovery of response costs at 

the Site. The State Plaintiffs also 

brought civil claims in connection with 

the Site under the New Jersey Spill 

Compensation and Control Act (the 

Spill Act), N.J.S.A. 58:10–23 et seq., and 

other authorities, for response costs and 

natural resource damages. Defendants 

subsequently filed contribution claims 

against 382 third-parties. 

Under the proposed Decree, Plaintiffs 

will receive: (1) $61-$69 million 

(depending on how many Municipal 

Third-Party Defendants enter into the 


rmajette on PRODPC74 with NOTICES
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