81 FR 66690 - Notice of Lodging of Proposed Consent Decree Under the Oil Pollution Act

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 188 (September 28, 2016)

Page Range		66690-66691
FR Document		2016-23309

Federal Register, Volume 81 Issue 188 (Wednesday, September 28, 2016)

[Federal Register Volume 81, Number 188 (Wednesday, September 28, 2016)]
[Notices]
[Pages 66690-66691]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23309]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Oil 
Pollution Act

    On September 21, 2016, a proposed consent decree was lodged with 
the United States District Court for the District of Montana in the 
lawsuit entitled United States and the State of Montana. v. ExxonMobil 
Pipeline Company, Civil Action No. 1:16-cv-00143-SPW-CSO.
    The United States and the State of Montana filed this lawsuit 
against ExxonMobil Pipeline Company (``ExxonMobil'') pursuant to the 
Oil Pollution Act, 33 U.S.C. 2701-2762, and state law. The United 
States' and State of Montana's complaint seeks to recover damages for 
injury to, destruction of, loss of, or loss of use of natural resources 
resulting from the discharge of oil from the ExxonMobil's Silvertip 
Pipeline into the Yellowstone River near Laurel, Montana on or about 
July 1, 2011. The proposed consent decree requires ExxonMobil to pay 
$12,000,000 to resolve the United States' and the State of Montana's 
claim for natural resource damages.
    The publication of this notice opens a period for public comment on 
the consent decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States and the State of Montana v. ExxonMobil 
Pipeline Company, D.J. Ref. No. 90-5-1-1-10332. 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 in 
the following manner:

------------------------------------------------------------------------
         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.
------------------------------------------------------------------------

    During the public comment period, the consent decree may be 
examined and downloaded at this Justice Department Web site: https://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy 
of the consent decree 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 $7.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.
    For informational purposes, the Justice Department notes that the 
Department of the Interior and the State of Montana have prepared a 
related draft Restoration Plan. The public may review the plan at 
https://dojmt.gov/lands/yellowstone-river-oil-spill-July-2011/, by 
email at [email protected] with ``Yellowstone restoration plan comment'' in 
the subject line, in person at Montana Natural Resource Damage Program, 
1720 9th Avenue, Helena, MT 59620-1425, or by mail by sending a request 
to Montana Natural Resource Damage Program, P.O. Box 201425, Helena, MT 
59620-1425. Comments on the draft restoration plan should be sent to 
the Montana Natural Resource Damage Program at the addresses listed 
above or provided orally at an October 12, 2016 public meeting. All 
comments on the Restoration Plan must be

[[Page 66691]]

submitted no later than October 31, 2016.

Robert Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2016-23309 Filed 9-27-16; 8:45 am]
BILLING CODE 4410-15-P

66690 Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices

of Seattle, Civil Action No. 16–1486 To submit The publication of this notice opens
Send them to:
(W.D. Wa.) comments: a period for public comment on the
The complaint asserts claims for consent decree. Comments should be
By mail ......... Assistant Attorney General addressed to the Assistant Attorney
natural resource damages by the United U.S. DOJ—ENRD
States on behalf of the National Oceanic P.O. Box 7611 General, Environment and Natural
and Atmospheric Administration and Washington, DC 20044–7611. Resources Division, and should refer to
the Department of the Interior; the State United States and the State of Montana
of Washington; the Suquamish Tribe; During the public comment period, v. ExxonMobil Pipeline Company, D.J.
and the Muckleshoot Indian Tribe (the the proposed consent decree may be Ref. No. 90–5–1–1–10332. All
Natural Resource Trustees) pursuant to examined and downloaded at this comments must be submitted no later
the section 107(a) of the Comprehensive Justice Department Web site: https:// than thirty (30) days after the
Environmental Response, www.justice.gov/enrd/consent-decrees. publication date of this notice.
Compensation, and Liability Act We will provide a paper copy of the Comments may be submitted either by
(CERCLA), 42 U.S.C. 9607(a); section proposed consent decree upon written email or by mail in the following
311 of the Clean Water Act (CWA), 33 request and payment of reproduction manner:
U.S.C. 1321; section 1002(b) of the Oil costs. Please mail your request and
Pollution Act (OPA), 33 U.S.C. 2702(b); payment to: Consent Decree Library, To submit
and the Washington Model Toxics Send them to:
U.S. DOJ—ENRD, P.O. Box 7611, comments:
Control Act (MTCA), RCW 70.105D. Washington, DC 20044–7611.
By email ....... pubcomment-ees.enrd@
The proposed consent decree settles Please enclose a check or money order usdoj.gov.
claims for natural resource damages for $54.00 (25 cents per page By mail ......... Assistant Attorney General,
caused by hazardous substances reproduction cost) payable to the United U.S. DOJ—ENRD, P.O.
released from City of Seattle facilities States Treasury. Alternatively, to obtain Box 7611, Washington, DC
along the Duwamish Waterway. Under a copy of only the main body of the 20044–7611.
the proposed consent decree, the City of proposed consent decree, excluding
Seattle will purchase restoration credits appendices, please enclose a check or During the public comment period,
in projects approved by the Natural money order for $19.50. the consent decree may be examined
Resource Trustees to create habitat for
Susan M. Akers, and downloaded at this Justice
injured natural resources, including
various species of fish and birds. The Assistant Section Chief, Environmental Department Web site: https://
City of Seattle also will establish Enforcement Section, Environment and www.usdoj.gov/enrd/Consent_
conservation easements on a number of Natural Resources Division. Decrees.html. We will provide a paper
parcels along the Lower Duwamish [FR Doc. 2016–23378 Filed 9–27–16; 8:45 am] copy of the consent decree upon written
Waterway to ensure that restoration BILLING CODE 4410–15–P request and payment of reproduction
projects constructed on those parcels are costs. Please mail your request and
preserved, and the City will pay payment to: Consent Decree Library,
approximately $91,000 of the Trustees’ DEPARTMENT OF JUSTICE U.S. DOJ—ENRD, P.O. Box 7611,
damage assessment costs. The City will Washington, DC 20044–7611.
Notice of Lodging of Proposed
also pay Bluefield Holdings, Inc., to Please enclose a check or money order
Consent Decree Under the Oil
operate and maintain a restoration for $7.25 (25 cents per page
Pollution Act
project under the Trustees’ oversight, reproduction cost) payable to the United
and Bluefield will reimburse the On September 21, 2016, a proposed States Treasury.
Trustees’ future oversight costs for this consent decree was lodged with the
project. The Natural Resource Trustees For informational purposes, the
United States District Court for the Justice Department notes that the
will provide the City of Seattle with District of Montana in the lawsuit
covenants not to sue under the statutes Department of the Interior and the State
entitled United States and the State of of Montana have prepared a related
listed in the complaint and proposed Montana. v. ExxonMobil Pipeline
consent decree for specified natural draft Restoration Plan. The public may
Company, Civil Action No. 1:16–cv–
resource damages. review the plan at https://dojmt.gov/
00143–SPW–CSO.
The publication of this notice opens lands/yellowstone-river-oil-spill-July-
The United States and the State of 2011/, by email at NRDP@mt.gov with
a period for public comment on the Montana filed this lawsuit against
proposed consent decree. Comments ‘‘Yellowstone restoration plan
ExxonMobil Pipeline Company comment’’ in the subject line, in person
should be addressed to the Assistant (‘‘ExxonMobil’’) pursuant to the Oil
Attorney General, Environment and at Montana Natural Resource Damage
Pollution Act, 33 U.S.C. 2701–2762, and
Natural Resources Division, and should Program, 1720 9th Avenue, Helena, MT
state law. The United States’ and State
refer to United States of America et al. 59620–1425, or by mail by sending a
of Montana’s complaint seeks to recover
v. City of Seattle, D.J. Ref. No. 90–11– damages for injury to, destruction of, request to Montana Natural Resource
3–07227/2. All comments must be loss of, or loss of use of natural Damage Program, P.O. Box 201425,
submitted no later than thirty (30) days resources resulting from the discharge of Helena, MT 59620–1425. Comments on
after the publication date of this notice. oil from the ExxonMobil’s Silvertip the draft restoration plan should be sent
mstockstill on DSK3G9T082PROD with NOTICES

Comments may be submitted either by Pipeline into the Yellowstone River near to the Montana Natural Resource
email or by mail: Laurel, Montana on or about July 1, Damage Program at the addresses listed
2011. The proposed consent decree above or provided orally at an October
To submit 12, 2016 public meeting. All comments
comments: Send them to: requires ExxonMobil to pay $12,000,000
to resolve the United States’ and the on the Restoration Plan must be
By email ....... pubcomment-ees.enrd@ State of Montana’s claim for natural
usdoj.gov. resource damages.

VerDate Sep<11>2014 18:04 Sep 27, 2016 Jkt 238001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\28SEN1.SGM 28SEN1

Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices 66691

submitted no later than October 31, in Appendix A. Specifically, this performance and needing to do so in a
2016. document discusses: comparable, cross-country way, the
I. Which countries MCC will evaluate Board relies to the maximum extent
Robert Brook,
II. How the Board evaluates these possible upon the best-available
Assistant Chief, Environmental Enforcement objective and quantifiable indicators of
Section, Environment and Natural Resources countries
Division. A. Overall policy performance. These indicators
B. For selection for first compact act as proxies of the country’s
[FR Doc. 2016–23309 Filed 9–27–16; 8:45 am]
eligibility commitment to just and democratic
BILLING CODE 4410–15–P
C. For selection for second/ governance, economic freedom, and
subsequent compact eligibility investing in its people, as laid out in
D. For threshold program assistance MCC’s founding legislation. Comprised
MILLENNIUM CHALLENGE E. A note on potential regional of 20 third-party indicators in the
CORPORATION investments categories of ‘‘encouraging economic
[MCC FR 16–05] F. A note on potential transition to freedom,’’ ‘‘investing in people,’’ and
upper middle income country ‘‘ruling justly,’’ MCC ‘‘scorecards’’ are
Report on the Criteria and (UMIC) status after initial selection created for all LICs and LMICs. To
Methodology for Determining the ‘‘pass’’ the indicators on the scorecard,
I. Which countries are evaluated?
Eligibility of Candidate Countries for the country must perform above the
Millennium Challenge Account As discussed in the August 2016 median among its income group (as
Assistance in Fiscal Year 2017 Report on Countries that are Candidates defined above), except in the cases of
for Millennium Challenge Account inflation, political rights, civil liberties,
AGENCY: Millennium Challenge Eligibility for Fiscal Year 2017 and and immunization rates (LMICs only),
Corporation. Countries that Would be Candidates but where threshold scores have been
ACTION: Notice. for Legal Prohibitions (the ‘‘Candidate established. In particular, the Board
Country Report’’), MCC evaluates all considers whether the country:
SUMMARY: This report to Congress is low-income countries (LICs) and lower- • Passed at least 10 of the 20 indicators,
provided in accordance with Section middle income countries (LMICs) as with at least one in each category,
608(b) of the Millennium Challenge Act follows: • Passed either the ‘‘Political Rights’’ or
of 2003, as amended, 22 U.S.C. § 7707(b) • For scorecard evaluation purposes for ‘‘Civil Liberties’’ indicator, and
(the ‘‘Act’’). FY 2017, MCC defines LICs as those • Passed the ‘‘Control of Corruption’’
Dated: September 20, 2016. countries between $0 and $1945 GNI indicator.
Sarah E. Fandell, per capita, and LMICs as those While satisfaction of all three aspects
VP/General Counsel and Corporate Secretary, countries between $1946 and $4035 means a country is termed to have
Millennium Challenge Corporation. GNI per capita.1 ‘‘passed’’ the scorecard, the Board also
• For funding purposes for FY 2017, considers whether the country
Report on the Criteria and Methodology
MCC defines the poorest 75 countries performed ‘‘substantially worse’’ in any
for Determining the Eligibility of
as LICs, and the remaining countries one policy category than it does on the
Candidate Countries for Millennium
up to the UMIC threshold of $4035 as scorecard overall. Appendix C describes
Challenge Account Assistance in Fiscal
LMICs.2 all 20 indicators, their definitions, what
Year 2017
Under Appendix B, lists of all LICs, is required to ‘‘pass,’’ their source, and
Summary LMICs and statutorily prohibited their relationship to the legislative
In accordance with section 608(b)(2) countries for evaluation purposes are criteria.
of the Millennium Challenge Act of provided. The list using the ‘‘funding’’ The mandatory passing of either the
2003 (the ‘‘Act,’’ 22 U.S.C. 7707(b)(l)), definition was outlined in the FY 2017 ‘‘Political Rights’’ or ‘‘Civil Liberties’’
the Millennium Challenge Corporation Candidate Country Report and describes indicators is called the ‘‘Democratic
(MCC) is submitting the enclosed report. how funding categories work. Rights’’ ‘‘hard hurdle’’ on the scorecard,
This report identifies the criteria and while the mandatory passing of the
II. How does the Board evaluate these ‘‘Control of Corruption’’ indicator is
methodology that MCC intends to use to countries?
determine which candidate countries called the ‘‘Control of Corruption’’
may be eligible to be considered for A. Overall evaluation ‘‘hard hurdle.’’ Not passing either ‘‘hard
assistance under the Act for fiscal year The Board looks at three legislatively- hurdle’’ results in not passing the
2017. mandated factors in its evaluation of scorecard overall, regardless of whether
Under section 608 (c)(1) of the Act, any candidate country for compact at least 10 of the 20 other indicators are
MCC will, for a thirty-day period eligibility: (1) Policy performance; (2) passed.
following publication, accept and the opportunity to reduce poverty and • Democratic Rights ‘‘hard hurdle:’’
consider public comment for purposes generate economic growth; and (3) the This hurdle sets a minimum bar for
of determining eligible countries under availability of MCC funds. democratic rights below which the
section 607 of the Act (22 U.S.C. 7706). Board will not consider a country for
1. Policy Performance eligibility. Requiring that a country
Criteria and Methodology for FY 2017 pass either the Political Rights or Civil
Because of the importance of needing
This document explains how the Liberties indicator creates a
mstockstill on DSK3G9T082PROD with NOTICES

to evaluate a country’s policy
Board of Directors (Board) of the democratic incentive for countries,
Millennium Challenge Corporation 1 This corresponds to LIC and LMIC definitions recognizes the importance democracy
(MCC) will identify, evaluate, and using the historic International Development plays in driving poverty-reducing
determine eligibility of countries for Association (IDA) thresholds published by the economic growth, and holds MCC
World Bank.
Millennium Challenge Account (MCA) 2 By law, no more than 25 percent of all compact accountable to working with the best
assistance for fiscal year (FY) 2017. The funds for a given fiscal year may be provided to governed, poorest countries. When a
statutory basis for this report is set forth LMIC countries (using this ‘‘funding’’ definition). candidate country is only passing one

VerDate Sep<11>2014 18:04 Sep 27, 2016 Jkt 238001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\28SEN1.SGM 28SEN1

Document Created: 2016-09-28 01:07:46
Document Modified: 2016-09-28 01:07:46

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 66690