Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Notices 33475 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Consent Decree Under the Clean Air 

Act 

Notice is hereby given that on June 

25, 2009, a proposed Consent Decree 

(‘‘Decree’’) in United States v. Holcim 

(US) Inc., Civil Action No. 2:09–cv– 

12526–LPZ–DAS, was lodged with the 

United States District Court for the 

Eastern District of Michigan. 

In this action the United States seeks 

to address violations of the Clean Air 

Act at a Portland cement manufacturing 

facility owned and operated by the 

Defendant, Holcim (US) Inc., in Dundee, 

Michigan. The violations, which 

occurred numerous times for several 

years, involved emissions from the main 

stack for two kilns which exceeded 15% 

opacity and the baghouse inlet 

temperatures for each kiln exceeding its 

limitation. 

During the course of settlement 

negotiations with the Department of 

Justice, the Defendant on November 11, 

2008 announced that it must reduce 

production capacity in its cement 

operations in response to the extensive 

downturn in the demand for cement 

products and stated it would 

permanently close the Dundee facility. 

The Defendant permanently shut down 

its two kilns at the Dundee facility, one 

kiln on November 30, 2008 and the 

other kiln on March 14, 2009. 

The proposed Decree resolves the 

Defendant’s violations by implementing 

injunctive relief which will ensure, if 

operating the kilns at the Dundee 

facility, the Defendant will not exceed 

the opacity limitation at the main stack 

and will not exceed the applicable 

baghouse inlet temperature for the kilns. 

Additionally, the Defendant has 

reporting, notification and approval 

requirements under the Decree to the 

U.S. Environmental Protection Agency 

(‘‘EPA’’) and the Michigan Department 

of Environmental Quality (‘‘MDEQ’’), 

which includes seeking permission and 

receiving approval from EPA and MDEQ 

to re-start a permanently closed kiln. 

The proposed Decree also requires 

payment of a civil penalty in the 

amount of $159,607. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the proposed 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. Holcim (US) Inc., D.J. Ref. No. 

90–5–2–1–09594. 

The proposed Decree may be 

examined at the Office of the United 

States Attorney, 211 W. Fort Street, 

Suite 2001, Detroit, Michigan 48226, 

and at U.S. EPA Region 5, 77 W. Jackson 

Blvd., 16th Floor (EPA Library), 

Chicago, Illinois 60604. During the 

public comment period, the proposed 

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 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 

$11.00 (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 Chief Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. E9–16412 Filed 7–10–09; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Bureau of Alcohol, Tobacco, Firearms 

and Explosives 

[Docket No. ATF 32N; ATF O 1120.8] 

Delegation Order—Authority To 

Facilitate Implementation of the NICS 

Improvement Amendments Act of 2007 

1. Purpose. This order delegates the 

authority to exercise the authorities and 

responsibilities committed to the 

Director of the Bureau of Alcohol, 

Tobacco, Firearms and Explosives (ATF) 

under the NICS Improvement 

Amendments Act of 2007, Public Law 

110–180 (NIAA). This authority is to 

establish and enforce the criteria that 

applicable Federal departments and 

agencies and states use to create 

qualifying relief from firearms 

disabilities programs, to make decisions 

as to whether applicable Federal 

departments and agencies and states 

have properly implemented and 

certified relief from firearms disabilities 

programs under the NIAA, and to make 

any related determinations under the 

NIAA regarding such relief from 

firearms disabilities programs. 

2. Delegations. Under the authority 

vested in the Director, Bureau of 

Alcohol, Tobacco, Firearms and 

Explosives, by Title 28 U.S.C. 599A, 28 

CFR 0.130–0.133, and Attorney General 

Order Number 3072–2009, Delegation of 

Authority to the Director of the Bureau 

of Alcohol, Tobacco, Firearms, and 

Explosives to Facilitate Implementation 

of the NICS Improvement Amendments 

of 2007, I hereby delegate to the 

Assistant Director, Enforcement 

Programs and Services, the authority to 

exercise the authorities and 

responsibilities committed to the 

Director of ATF under the NIAA. This 

authority is to establish and enforce the 

criteria that applicable Federal 

departments and agencies and states use 

to create qualifying relief from firearms 

disabilities programs, to make decisions 

as to whether applicable Federal 

departments and agencies and states 

have properly implemented and 

certified relief from firearms disabilities 

programs under the NIAA, and to make 

any related determinations under the 

NIAA regarding such relief from 

firearms disabilities programs. 

3. Redelegation. The authority in this 

order may be redelegated to a position 

not lower than the Chief, Firearms 

Programs Division. 

4. Questions. Questions regarding this 

order should be addressed to the Chief, 

Firearms Programs Division at (202) 

648–7090. 

Signed: June 22, 2009. 

Kenneth Melson, 

Acting Director. 

[FR Doc. E9–16453 Filed 7–10–09; 8:45 am] 

BILLING CODE 4410–FY–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 June 

16, 2009, Noramco, Inc., Division of 

Ortho-McNeil, Inc., 500 Swedes 

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