81 FR 51488 - Notice of Filing of Notice of Settlement Under the Comprehensive Environmental Response, Compensation, and Liability Act and the Resource Conservation and Recovery Act

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 150 (August 4, 2016)

Page Range		51488-51489
FR Document		2016-18479

Federal Register, Volume 81 Issue 150 (Thursday, August 4, 2016)

[Federal Register Volume 81, Number 150 (Thursday, August 4, 2016)]
[Notices]
[Pages 51488-51489]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18479]


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DEPARTMENT OF JUSTICE


Notice of Filing of Notice of Settlement Under the Comprehensive 
Environmental Response, Compensation, and Liability Act and the 
Resource Conservation and Recovery Act

    On July 28, 2016, a Notice of Settlement Among EFH Properties 
Company and the United States on behalf of the U.S. Environmental 
Protection Agency (``EPA'') and the U.S. Department of the Interior 
(``DOI'') 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 proposed 
Settlement Agreement is attached to the Notice of Settlement as Exhibit 
A.
    The Settlement Agreement resolves a claim against EFH Properties 
Company (``EFH Properties''), as the alleged corporate successor to 
former mine operators, asserted by the United States on behalf of the 
Environmental Protection Agency 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 $4,000,000.00. The 
Settlement Agreement contains covenants not to sue by the United States 
on behalf of EPA in favor of EFH Properties and its predecessors, Chaco 
Energy Company, TXU Industries Company LLC, and EFH Properties Company 
LLC (the ``Covenant Beneficiaries''), 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 Settlement Agreement also contains a 
covenant not to sue by the United States on behalf of DOI in favor of 
the Covenant Beneficiaries, for natural resources damages claims under 
Sections 107 of CERCLA, 42 U.S.C. 9607, 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 fifteen (15) days after the publication date of 
this notice. Comments may be submitted either by email or by mail:

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         To submit comments:                     Send them to:
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By e-mail...........................  [email protected].
By mail.............................  Assistant Attorney General
                                      U.S. DOJ--ENRD
                                      P.O. Box 7611
                                      Washington, DC 20044-7611.
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    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: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the Settlement Agreement upon written

[[Page 51489]]

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. 2016-18479 Filed 8-3-16; 8:45 am]
 BILLING CODE 4410-15-P

Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Notices 51489

request and payment of reproduction proposed collection of information, (4) Affected public who will be asked
costs. Please mail your request and including the validity of the or required to respond, as well as a brief
payment to: Consent Decree Library, methodology and assumptions used; abstract: The affected public that will be
U.S. DOJ—ENRD, P.O. Box 7611, — Evaluate whether and if so how the asked to respond on an annual basis
Washington, DC 20044–7611. quality, utility, and clarity of the include 19,450 state and local law
Please enclose a check or money order information to be collected can be enforcement agencies (LEAs) and
for $13.50 (25 cents per page enhanced; and approximately 685 medical examiner’s
reproduction cost) payable to the United —Minimize the burden of the collection or coroner’s (ME/C) offices.
States Treasury. of information on those who are to Abstract: The Arrest-Related Deaths
respond, including through the use of (ARD) program was implemented from
Thomas P. Carroll,
appropriate automated, electronic, 2003 as part of BJS’s Deaths in Custody
Assistant Section Chief, Environmental Reporting Program (DCRP). The DCRP
Enforcement Section, Environment and
mechanical, or other technological
collection techniques or other forms was developed in response to the Death
Natural Resources Division.
of information technology, e.g., in Custody Reporting Act of 2000 (P.L.
[FR Doc. 2016–18479 Filed 8–3–16; 8:45 am]
permitting electronic submission of 106–247), which required state and
BILLING CODE 4410–15–P
responses. local prisons, jails, and law enforcement
agencies (LEAs) to report information
Overview of this information about in-custody deaths and deaths
DEPARTMENT OF JUSTICE collection: occurring in the process of arrest to the
[OMB Number 1121–NEW]
(1) Type of Information Collection: Department of Justice. DICRA of 2000
New collection. expired in 2006 and was reauthorized as
Agency Information Collection (2) The Title of the Form/Collection: DICRA of 2013 (P.L. 113–242) in
Activities; Proposed Collection Arrest-Related Deaths Program December 2014. The DCRP also includes
Comments Requested; New collection: (3) The agency form number, if any, collections that measure deaths
Arrest-Related Deaths Program and the applicable component of the occurring in jails and state prisons that
Department sponsoring the collection: are conducted through another data
AGENCY: Bureau of Justice Statistics, This collection includes the following
Department of Justice. collection.
forms: The BJS designed the ARD program to
ACTION: 60-day notice. • Form CJ–11: Arrest-Related Deaths be a census of all deaths that occur
Quarterly Summary. This form is during the process of arrest or during an
SUMMARY: The Department of Justice distributed to all law enforcement
(DOJ), Office of Justice Programs, attempt to obtain custody by a state or
agencies (LEAs). This summary form local LEA in the United States. BJS
Bureau of Justice Statistics, will be requests that LEA respondents confirm
submitting the following information defined the manner of arrest-related
deaths identified through open-source death to include law enforcement
collection request to the Office of review, correct decedent name and date
Management and Budget (OMB) for homicides, other homicides, accidents,
of death as appropriate, and identify any suicides, or deaths due to natural
review and approval in accordance with other arrest-related deaths that were not
the Paperwork Reduction Act of 1995. causes. Law enforcement homicides
found through open-source review. It included all deaths attributed to
DATES: Comments are encouraged and requests any LEAs without any deaths
will be accepted for 60 days until weapons or restraint tactics used by
to provide an affirmative zero. state or local law enforcement officers,
October 3, 2016. • Form CJ–11A: Arrest-Related Death including deaths due to officer-involved
FOR FURTHER INFORMATION CONTACT: If Incident Report. This form is distributed shootings; complications related to the
you have additional comments to all LEAs with an arrest-related death. use of conducted energy devices, such
especially on the estimated public This incident report form requests that as Tasers and stun guns; accidents
burden or associated response time, LEA respondents provide characteristics caused by the use of spike strips or
suggestions, or need a copy of the of the decedent and the circumstances other tire deflation devices; injuries due
proposed information collection surrounding the death. to the use of impact devices, such as
instrument with instructions or • Form CJ–12: Arrest-Related Deaths batons and soft projectiles;
additional information, please contact Quarterly Summary. This form is complications due to the use of
Michael Planty, Deputy Director, Bureau distributed to all medical examiner’s or chemical agents such as pepper spray
of Justice Statistics, 810 Seventh Street coroner’s (ME/C) offices with and tear gas; and other injuries or
NW., Washington, DC 20531 (email: jurisdiction concurrent with that of the complications related to the use of
Michael.Planty@usdoj.gov; telephone: LEAs with a potential arrest-related restraint tactics.
202–514–9746). death. This summary form requests that The ARD program was the only
SUPPLEMENTARY INFORMATION: Written ME/C respondents confirm deaths national data collection that attempted
comments and suggestions from the identified, correct decedent name and to enumerate all arrest-related deaths in
public and affected agencies concerning date of death as appropriate, and the United States, including accidental
the proposed collection of information identify any other arrest-related deaths. and natural deaths that occurred during
are encouraged. Your comments should • Form CJ–12A: Arrest-Related Death the process of arrest in addition to law
address one or more of the following Incident Report. This form is distributed enforcement homicides. Because of
four points: to all ME/Cs with an arrest-related concerns about variations in data
death. This incident report form collection methodology and coverage,
sradovich on DSK3GMQ082PROD with NOTICES

—Evaluate whether the proposed
collection of information is necessary requests that ME/C respondents provide BJS recently conducted an assessment of
for the proper performance of the characteristics of the decedent and the its ARD program. Because accurate and
functions of the Bureau of Justice cause and manner of death. comprehensive accounting of deaths
Statistics, including whether the The applicable component within the that occur during the process of arrest
information will have practical utility; Department of Justice is the Bureau of is critical for LEAs to demonstrate
—Evaluate the accuracy of the agency’s Justice Statistics, in the Office of Justice responsiveness to the citizens and
estimate of the burden of the Programs. communities they serve, transparency

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Document Created: 2016-08-04 02:53:24
Document Modified: 2016-08-04 02:53:24

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		81 FR 51488