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59818 Federal Register / Vol. 71, No.

196 / Wednesday, October 11, 2006 / Notices

Dated: October 4, 2006. 20044–7611, and should refer to United March 4, 2004, at 69 FR 10255; as
Lynn Bryant, States, et al. v. CEMEX, et al., D.J. Ref. amended June 15, 2004, 69 FR 33403);
Department Clearance Officer, PRA, 90–5–2–1–08077. JUSTICE/UST–003, ‘‘U.S. Trustee
Department of Justice. The Consent Decree may be examined Program Timekeeping Records’’ (last
[FR Doc. E6–16723 Filed 10–10–06; 8:45 am] at the Office of the United States substantively revised on March 4, 2004,
BILLING CODE 4410–AT–P Attorney, Fifth Floor, 330 Ionia NW., at 69 FR 10255; as amended June 15,
Grand Rapids, MI. During the public 2004, 69 FR 33403); and JUSTICE/UST–
comment period, the Consent Decree 004, ‘‘U.S. Trustee Program Case
DEPARTMENT OF JUSTICE may also be examined on the following Referral System’’ (last substantively
Department of Justice Web site, http:// revised on March 4, 2004, at 69 FR
Notice of Lodging of Consent Decree www.usdoj.gov/enrd/ 10255; as amended June 15, 2004, 69
Under the Clean Air Act Consent_Decrees.html. A copy of the FR33403). In addition, the USTP
Consent Decree may also be obtained by proposes to establish a new system of
Notice is hereby given that on August
mail from the Consent Decree Library, records entitled, JUSTICE/UST–005,
24, 2006, a proposed Consent Decree in
P.O. Box 7611, U.S. Department of ‘‘Credit Counseling and Debtor
United States of America and the
Justice, Washington, DC 20044–7611, or Education Files and Associated
Michigan Department of Environmental
by faxing or e-mailing a request to Tonia Records.’’ The modified system notices
Quality v. CEMEX, Inc., St. Mary’s
Fleetwood (tonia.fleetwood@usdoj.gov), and the new system notice are
Cement Inc. (U.S.), and St. Barbara
fax no. (202) 514–0097. phone published in their entirety below.
Cement, Inc., Civil Action No. 1:06–CV–
confirmation number (202) 514–1547. In
0607, was lodged with the United States These actions will be effective
DATES:
requesting a copy from the Consent
District Court for the Western District of November 20, 2006.
Decree Library, please enclose a check
Michigan. FOR FURTHER INFORMATION CONTACT: For
In this action the United States sought in the amount of $50.50 (25 cents per
page reproduction cost) payable to the information regarding these changes and
injunctive relieve and civil penalties for
U.S. Treasury or, if by e-mail or fax, for general information regarding the
violations for the Clean Air Act that
forward a check in that amount to the USTP’s Privacy Act systems, contact
occurred at the portland cement
Consent Decree Library at the state Sue Ann Slates, FOIA/Privacy Counsel,
manufacturing facility located in 16000
address. In requesting a copy exclusive Executive Office for United States
Bell Bays Road, in Charlevoix,
of exhibits, please enclose a check in the Trustees (EOUST), at (202) 307–1399.
Michigan, which was owned and
operated by CEMEX, Inc. prior to March amount of $10.00 (25 cents per page SUPPLEMENTARY INFORMATION: On April
31, 2005, and owned by St. Barbara reproduction cost) payable to the U.S. 20, 2005, amendments to the
Cement Inc. and operated by St.Marys Treasury. Bankruptcy Code, 11 U.S.C. 101, et seq.,
Cement Inc. (U.S.) on and after March Margaret M. Chiara,
were enacted that took effect on October
31, 2005. The complaint alleges that 17, 2005. Under the new provisions, all
United States Attorney.
CEMEX Inc. failed to control and limit individual debtors are required to
W. Francesca Ferguson,
particulate matter (dust) emissions, receive credit counseling and a budget
Assistant United States Attorney, Western analysis from a USTP approved
failed to perform required compliance
District of Michigan.
monitoring, and failed to comply with nonprofit budget and credit counseling
[FR Doc. 06–8574 Filed 10–10–06; 8:45 am] agency within 180 days prior to filing a
various other requirements government
BILLING CODE 4410–15–M bankruptcy petition. Also, an individual
operation of portland cement
manufacturing plants. debtor is required to take a personal
The proposed consent decree resolves financial management course from a
DEPARTMENT OF JUSTICE USTP approved debtor education
all violations alleged in the complaint.
Among other things, the consent decree [AAG/A Order No. 016–2006] provider before receiving a bankruptcy
requires CEMEX Inc. to pay a civil discharge. The United States Trustees
penalty of $1,359,422 to the United Privacy Act of 1974; Systems of approve credit counseling and debtor
States and the State of Michigan and Records education providers after determining
requires St. Marys and St. Barbara to AGENCY: United States Trustee Program, their qualifications meet the standards
install a baghouse filtering system, Department of Justice. set forth in the Bankruptcy Code and
which is estimated to cost in excess of ACTION: Notice of modifications to
agency regulations. Accordingly, a new
$11 million, to remedy the ongoing current systems of records and system of records is needed to cover
emissions violations. In addition, the establishment of a new system of applicants seeking to be USTP approved
consent decree requires the defendants records. and reapproved providers of credit
to spend at least $6.2 million on the counseling and debtor education
installation of a new indirect firing SUMMARY: Pursuant to the Privacy Act of services under the Bankruptcy Code, as
system for the facility’s kiln, which is 1974 (5 U.S.C. 552a) and Office of well as individuals who submit
expected to substantially reduce Management and Budget Circular No. complaints and comments to the USTP
emissions of particulate matter, sulfur A–130, the United States Trustee regarding such providers. The records in
dioxide, and nitrogen oxides. Program (USTP), Department of Justice, this system will be used, among other
The Department of Justice will proposes to modify the following things, to assist the EOUST and United
receive, for a period of thirty (30) days existing Privacy Act systems of records: States Trustees to assess the
from the date of this publication, JUSTICE/UST–001, ‘‘Bankruptcy Case qualifications of credit counseling and
comments relating to the Consent Files and Associated Records’’ (last debtor education applicants and
pwalker on PRODPC60 with NOTICES

Decree. Comments should be addressed substantively revised on March 4, 2004, providers, ensure compliance with the
to the Assistant Attorney General, at 69 FR 10255; as amended June 15, statutory and regulatory requirements,
Environmental and Natural Resources 2004, 69 FR 33403); JUSTICE/UST–002, and collect and maintain complaints
Division, P.O. Box 7611, U.S. ‘‘Bankruptcy Trustee Oversight and comments submitted by
Department of Justice, Washington, DC Records’’ (last substantively revised on individuals.

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