80 FR 76710 - Notice of Filing of Proposed Settlement Agreement Under the Comprehensive Environmental Response, Compensation, and Liability Act and the Resource Conservation and Recovery Act
DEPARTMENT OF JUSTICE Federal Register Volume 80, Issue 237 (December 10, 2015)
Federal Register Volume 80, Issue 237 (December 10, 2015)
| Page Range | 76710-76711 | |
| FR Document | 2015-31134 |
[Federal Register Volume 80, Number 237 (Thursday, December 10, 2015)] [Notices] [Pages 76710-76711] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-31134] ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Notice of Filing of Proposed Settlement Agreement Under the Comprehensive Environmental Response, Compensation, and Liability Act and the Resource Conservation and Recovery Act On December 1, 2015, a proposed Settlement Agreement was filed with the United States Bankruptcy Court for the District of Delaware in the bankruptcy proceeding entitled In re Energy Future Holdings Corp., et al., Case No. 14-10979 (CSS). The Settlement Agreement resolves a claim against debtor Energy Future Competitive Holdings Company (``EFCH''), as the alleged corporate successor to former mine operators, asserted by the United States on behalf of the Environmental Protection Agency (``EPA'') under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9601-9675 (``CERCLA''). The claim sought to recover costs incurred and expected to be incurred in the future by the United States in response to releases and threats of releases of hazardous substances at or in connection with the Faith, Hope, Doris, and Isabella Uranium Mine Sites, located in McKinley County, New Mexico (``New Mexico Sites''). Under the Settlement Agreement, EPA will receive either (1) a distribution of $2,000,000 upon confirmation and consummation of EFCH's and other affiliated debtors' Sixth Amended Joint Plan of Reorganization of In re Energy Future Holdings Corp., et al., pursuant to Chapter 11 of the Bankruptcy Code, or (2) $1,000,000 on the effective date of an alternate restructuring approved by the Bankruptcy Court. The Settlement Agreement contains covenants not to sue by the United States on behalf of EPA in favor of the debtors, the reorganized debtors, or any successors in interest under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606, 9607 and Section 7003 of the Resource Conservation and Recovery Act, 42 U.S.C. 6973, with respect to the EPA claim or the New Mexico Sites. The publication of this notice opens a period for public comment on the Settlement Agreement. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to In re Energy Future Holdings Corp., et al., Case No. 14-10979 (CSS), D.J. Ref. No. 90-5-2-1-09894/2. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail: ------------------------------------------------------------------------ To submit comments: Send them to: ------------------------------------------------------------------------ By email............................ [email protected]. By mail............................. Assistant Attorney General, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611. ------------------------------------------------------------------------ Under section 7003(d) of RCRA, a commenter may request an opportunity for a public meeting in the affected area. During the public comment period, the Settlement Agreement may be examined and downloaded at this Justice Department Web site: http:// [[Page 76711]] www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the Settlement Agreement upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044- 7611. Please enclose a check or money order for $13.50 (25 cents per page reproduction cost) payable to the United States Treasury. Thomas P. Carroll, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2015-31134 Filed 12-9-15; 8:45 am] BILLING CODE 4410-15-P
![76710 Federal Register / Vol. 80, No. 237 / Thursday, December 10, 2015 / Notices
Controlled substance Schedule there. Aloha will also install improved (‘‘EFCH’’), as the alleged corporate
containment liners at five of its other successor to former mine operators,
Hydrocodone (9193) ..................... II facilities. asserted by the United States on behalf
Levorphanol (9220) ...................... II The publication of this notice opens of the Environmental Protection Agency
Methadone (9250) ........................ II a period for public comment on the (‘‘EPA’’) under the Comprehensive
Morphine (9300) ........................... II consent decree. Comments should be Environmental Response,
Oxymorphone (9652) ................... II addressed to the Assistant Attorney Compensation, and Liability Act, 42
Remifentanil (9739) ...................... II
Fentanyl (9801) ............................ II
General, Environment and Natural U.S.C. 9601–9675 (‘‘CERCLA’’). The
Resources Division, and should refer to claim sought to recover costs incurred
The company plans to import the United States v. Aloha Petroleum, Ltd., and expected to be incurred in the
listed controlled substances in finished D.J. Ref. No. 90–5–2–1–10467. All future by the United States in response
dosage form (FDF) from foreign sources comments must be submitted no later to releases and threats of releases of
for analytical testing and clinical trials than thirty (30) days after the hazardous substances at or in
in which the foreign FDF will be publication date of this notice. connection with the Faith, Hope, Doris,
compared to the company’s own Comments may be submitted either by and Isabella Uranium Mine Sites,
domestically-manufactured FDF. This email or by mail: located in McKinley County, New
analysis is required to allow the Mexico (‘‘New Mexico Sites’’).
To submit Under the Settlement Agreement, EPA
company to export domestically- comments: Send them to:
will receive either (1) a distribution of
manufactured FDF to foreign markets.
$2,000,000 upon confirmation and
Dated: December 4, 2015. By email ....... pubcomment-ees.enrd@
consummation of EFCH’s and other
usdoj.gov.
Louis J. Milione,
By mail ......... Assistant Attorney General, affiliated debtors’ Sixth Amended Joint
Deputy Assistant Administrator. U.S. DOJ—ENRD, P.O. Plan of Reorganization of In re Energy
[FR Doc. 2015–31073 Filed 12–9–15; 8:45 am] Box 7611, Washington, DC Future Holdings Corp., et al., pursuant
BILLING CODE 4410–09–P 20044–7611. to Chapter 11 of the Bankruptcy Code,
or (2) $1,000,000 on the effective date of
During the public comment period, an alternate restructuring approved by
DEPARTMENT OF JUSTICE the consent decree may be examined the Bankruptcy Court. The Settlement
and downloaded at this Justice Agreement contains covenants not to
Notice of Lodging of Proposed Department Web site: http:// sue by the United States on behalf of
Consent Decree Under the Clean Air www.justice.gov/enrd/consent-decrees. EPA in favor of the debtors, the
Act and Clean Water Act We will provide a paper copy of the reorganized debtors, or any successors
consent decree upon written request in interest under Sections 106 and 107
On December 2, 2015, the Department of CERCLA, 42 U.S.C. 9606, 9607 and
and payment of reproduction costs.
of Justice lodged a proposed consent Section 7003 of the Resource
Please mail your request and payment
decree with the United States District Conservation and Recovery Act, 42
to: Consent Decree Library, U.S. DOJ—
Court for the District of Hawaii in the U.S.C. 6973, with respect to the EPA
ENRD, P.O. Box 7611, Washington, DC
lawsuit entitled United States v. Aloha claim or the New Mexico Sites.
20044–7611.
Petroleum, Ltd., Civil Action No. CV Please enclose a check or money order The publication of this notice opens
15–00498 HG–BMK. for $8.75 (25 cents per page a period for public comment on the
The United States’ Complaint asserts reproduction cost) payable to the United Settlement Agreement. Comments
claims against Aloha under Section States Treasury. should be addressed to the Assistant
113(b) of the Clean Air Act (‘‘CAA’’), 42 Attorney General, Environment and
U.S.C. 7413(b) and section 311(b) of the Henry Friedman,
Natural Resources Division, and should
Clean Water Act (‘‘CWA’’), 33 U.S.C. Assistant Section Chief, Environmental refer to In re Energy Future Holdings
1321(b). Aloha operates a bulk gasoline Enforcement Section, Environment and
Natural Resources Division.
Corp., et al., Case No. 14–10979 (CSS),
terminal in Hilo, Hawaii (the D.J. Ref. No. 90–5–2–1–09894/2. All
‘‘Terminal’’). The Terminal receives [FR Doc. 2015–31077 Filed 12–9–15; 8:45 am]
comments must be submitted no later
petroleum products via pipelines BILLING CODE 4410–CW–P
than thirty (30) days after the
connected to the local marine port and publication date of this notice.
stores the products in large tanks prior Comments may be submitted either by
to transfer into tank trucks at the DEPARTMENT OF JUSTICE
email or by mail:
Terminal’s loading rack. The Complaint
alleges that Aloha failed to install a Notice of Filing of Proposed
Settlement Agreement Under the To submit Send them to:
vapor collection system, limit comments:
emissions, and conduct a performance Comprehensive Environmental
test, as required by 40 CFR part 60, Response, Compensation, and Liability By email ....... pubcomment-ees.enrd@
subpart XX. Under the CWA, the Act and the Resource Conservation usdoj.gov.
Complaint alleges that Aloha failed to and Recovery Act By mail ......... Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
construct a secondary containment On December 1, 2015, a proposed Box 7611, Washington, DC
structure that is sufficiently impervious Settlement Agreement was filed with 20044–7611.
mstockstill on DSK4VPTVN1PROD with NOTICES
to contain oil, or to hold oil until the United States Bankruptcy Court for
cleanup can occur. 40 CFR 112.7(c), the District of Delaware in the Under section 7003(d) of RCRA, a
112.8(c)(2). bankruptcy proceeding entitled In re commenter may request an opportunity
Under the Consent Decree, Aloha will Energy Future Holdings Corp., et al., for a public meeting in the affected area.
pay a civil penalty of $650,000, will Case No. 14–10979 (CSS). During the public comment period,
‘‘permanently close’’ the Terminal as The Settlement Agreement resolves a the Settlement Agreement may be
defined in 40 CFR 112.2, and certify that claim against debtor Energy Future examined and downloaded at this
it has ceased operating the loading racks Competitive Holdings Company Justice Department Web site: http://
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![Federal Register / Vol. 80, No. 237 / Thursday, December 10, 2015 / Notices 76711
www.justice.gov/enrd/consent-decrees. office listed below in the addressee necessary information from employers
We will provide a paper copy of the section of this notice. to enable the Department to issue a
Settlement Agreement upon written DATES: Written comments must be prevailing wage for the occupation and
request and payment of reproduction submitted to the office listed in the location of the job offer. The Form ETA–
costs. Please mail your request and addresses section below on or before 9141 is used in the H–2B, H–1B, H–1B1,
payment to: Consent Decree Library, February 8, 2016. E–3, and PERM programs administered
U.S. DOJ—ENRD, P.O. Box 7611, ADDRESSES: Submit written comments by the Department. The Department is
Washington, DC 20044–7611. to Renata Adjibodou, Center Director, not proposing any changes to the
Please enclose a check or money order Office of Foreign Labor Certification, collection and is requesting a three year
for $13.50 (25 cents per page Suite 12–100, Employment & Training extension.
reproduction cost) payable to the United Administration, U.S. Department of
States Treasury. II. Review Focus
Labor, 200 Constitution Avenue NW.,
Thomas P. Carroll, Washington, DC 20210. Telephone DOL is particularly interested in
Assistant Section Chief, Environmental number: 202–513–7350 (this is not a comments that:
Enforcement Section, Environment and toll-free number). Individuals with • Evaluate whether the proposed
Natural Resources Division. hearing or speech impairments may collection of information is necessary
[FR Doc. 2015–31134 Filed 12–9–15; 8:45 am] access the telephone number above via for the proper performance of the
BILLING CODE 4410–15–P TTY by calling the toll-free Federal functions of the agency, including
Information Relay Service at 1–877– whether the information will have
889–5627 (TTY/TDD). Fax: 202–513– practical utility;
DEPARTMENT OF LABOR 7495. Email: ETA.OFLC.Forms@dol.gov • evaluate the accuracy of the
subject line: ETA–9141. A copy of the agency’s estimate of the burden of the
Employment and Training proposed information collection request proposed collection of information,
Administration (ICR) can be obtained free of charge by including the validity of the
contacting the office listed above. methodology and assumptions used;
Comment Request for Form ETA–9141, SUPPLEMENTARY INFORMATION:
Application for Prevailing Wage • enhance the quality, utility, and
Determination and Other Information I. Background clarity of the information to be
Collections for Determining Prevailing collected; and
The information collection (IC) is
Wages in Foreign Labor Certification required by sections 203(b)(3); • minimize the burden of the
Programs (OMB Control Number 1205– 212(a)(5)(A); 212(m), (n), (p), (t); and collection of information on those who
0508), Extension 214(c) of the Immigration and are to respond, including through the
Nationality Act (INA) (8 U.S.C. use of appropriate automated,
AGENCY: Employment and Training electronic, mechanical, or other
Administration, Labor. 1153(b)(3); 1182(a)(5)(A); 1182(m), (n),
(p), (t); and 1184(c)) and 8 CFR 214.2(h). technological collection techniques or
ACTION: Notice. other forms of information technology,
The INA requires the Secretary of Labor
SUMMARY: The Department of Labor to certify, among other things, that any e.g., permitting electronic submissions
(DOL or Department), as part of its foreign worker seeking to enter the of responses.
continuing effort to reduce paperwork United States (U.S.) for the purpose of III. Current Actions
and respondent burden, conducts a performing certain skilled or unskilled
preclearance consultation program to labor temporarily or permanently will Type of Review: Extension.
provide the public and Federal agencies not, by doing so, adversely affect wages Title: Application for Prevailing Wage
with an opportunity to comment on and working conditions of U.S. workers Determination.
proposed and/or continuing collections similarly employed. Before the OMB Number: 1205–0508.
of information in accordance with the Secretary of Labor can certify that wages Affected Public: Individuals or
Paperwork Reduction Act of 1995 (44 for U.S. workers have not been Households, Private Sector—businesses
U.S.C. 3506(c)(2)(A)). This program adversely affected, he must ensure that or other for profits, Government, State,
helps ensure that requested data can be the wages being paid the foreign Local and Tribal Governments.
provided in the desired format, workers are the same as those being
Form(s): ETA–9141, Application for
reporting burden (time and financial offered and paid to U.S. workers.
The information contained in the Prevailing Wage Determination.
resources) is minimized, collection
instruments are clearly understood, and Form ETA–9141 is the basis for the Total Annual Respondents: 520,452.
the impact of collection requirements on Secretary’s determination of the wage Annual Frequency: On Occasion.
respondents can be properly assessed. employers must pay foreign workers to Total Annual Responses: 996,585.
Currently, the Employment and protect against an adverse effect on Average Time per Response: Various.
Training Administration (ETA) is wages as a result of the employment of
soliciting comments concerning the a foreign worker. Prior to submitting Estimated Total Annual Burden
Form ETA–9141, Application for requests for most labor certifications or Hours: 448,349.
Prevailing Wage Determination and a labor condition applications to the Total Annual Burden Cost for
other information collections for Secretary of Labor, employers must Respondents: $0.
mstockstill on DSK4VPTVN1PROD with NOTICES
determining prevailing wages in foreign obtain a prevailing wage for the job Comments submitted in response to
labor certification programs in OMB opportunity based on the place of this comment request will be
Control Number 1205–0508. The form employment in order to ensure that U.S. summarized and/or included in the
and all information collections in this workers’ wages are not being adversely request for OMB approval of the ICR;
control number expire on March 31, affected by paying foreign workers less they will also become a matter of public
2016. A copy of the proposed than the prevailing wage. Form ETA– record. Commenters are encouraged not
information collection request can be 9141, Application for Prevailing Wage to submit sensitive information (e.g.,
obtained free of charge by contacting the Determination, is used to collect the confidential business information or
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Document Created: 2015-12-14 13:29:30
Document Modified: 2015-12-14 13:29:30
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 80 FR 76710 |
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