82_FR_22943 82 FR 22848 - Notice of Filing of Proposed Settlement Agreement Regarding Environmental Claims in Connection With Franklin Smelting/Slag Site, Safety Light Corp. Site, Cleancare Corp. Site, and Portland Harbor Site

82 FR 22848 - Notice of Filing of Proposed Settlement Agreement Regarding Environmental Claims in Connection With Franklin Smelting/Slag Site, Safety Light Corp. Site, Cleancare Corp. Site, and Portland Harbor Site

DEPARTMENT OF JUSTICE

Federal Register Volume 82, Issue 95 (May 18, 2017)

Page Range22848-22849
FR Document2017-10013

Federal Register, Volume 82 Issue 95 (Thursday, May 18, 2017)
[Federal Register Volume 82, Number 95 (Thursday, May 18, 2017)]
[Notices]
[Pages 22848-22849]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10013]


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

DEPARTMENT OF JUSTICE


Notice of Filing of Proposed Settlement Agreement Regarding 
Environmental Claims in Connection With Franklin Smelting/Slag Site, 
Safety Light Corp. Site, Cleancare Corp. Site, and Portland Harbor Site

    On May 11, 2017, a Notice of Motion was filed in the Superior Court 
for the State of California for the County of Los Angeles in the 
proceeding entitled Dave Jones, Insurance Commissioner of the State of 
California v. Mission Insurance Company, et al., Case No. C 572 724. 
The Motion will seek court approval of a Settlement Agreement between 
Dave Jones, Insurance Commissioner of the State of California, in his 
capacity as Trustee (the ``Trustee'') of the Mission Insurance Company 
Trust and the Mission National Insurance Company Trust (the ``Mission 
Trusts''), and the United States Department of the Interior (``DOI''), 
Environmental Protection Agency (``EPA''), and National Oceanic and 
Atmospheric Agency (``NOAA'') (collectively referred to as ``the 
Federal Claimants''), acting by and through the United States 
Department of Justice (``DOJ'').
    The Settlement Agreement would resolve claims by the Federal 
Claimants under Section 107 of the Comprehensive Environmental 
Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9607, 
involving insured parties in connection with four Superfund Sites: (1) 
The Franklin Smelting and Franklin Slag Sites in Philadelphia, 
Pennsylvania (Franklin Smelting and Refining Company, et al.); the 
Safety Light Corporation Site in Bloomsburg, Pennsylvania (United 
States Radium Corp. and USR Industries, Inc., et al.); the CleanCare 
Corporation Site in Tacoma, Washington (Lilyblad Petroleum, Inc.); and 
the Portland Harbor Site (Linnton Plywood Association). The Federal 
Claimants filed proof of claims in the instant proceeding against the 
Mission Trusts arising from policies of insurance that Mission 
companies had issued to the parties liable for contamination at these 
four Sites.
    Under the Settlement Agreement, the Mission Trusts will pay to the 
United States $28.6 million to be allocated to accounts respecting the 
four Superfund Sites as follows:
    a. $11,914,658.58 shall be paid with respect to the Franklin 
Smelting Superfund Site and the Franklin Slag Superfund Site.
    b. $7,113,598.90 shall be with respect to the Safety Light 
Corporation Superfund Site in Bloomsburg, PA.
    c. $284,543.96 shall be paid with respect to the CleanCare 
Corporation Superfund Site in Tacoma, WA.
    d. $9,287,198.56 shall be with respect to the Portland Harbor 
Superfund Site in Portland, OR. This amount shall be divided between 
EPA and DOI and NOAA as follows: $6,965,398.92 to EPA, and 
$2,321,799.64 to DOI and NOAA.
    In consideration of this payment, upon approval of the Settlement 
Agreement the Federal Claimants covenant not to file a civil action 
against

[[Page 22849]]

the Trustee, the Mission Trusts and the various California courts 
involved in the liquidation proceeding involving the Mission Trusts. 
The Settlement Agreement is conditioned upon court approval for a 
super-priority release of the Trustee under 31 U.S.C. 3713, the Federal 
Priorities Statute. The Trustee will appear at a hearing to present the 
motion seeking approval the Settlement Agreement on June 22, 2017, at 
8:30 a.m. in Department 50 of the Stanley Mosk Courthouse, 111 North 
Hill Street, Floor 5, Room 508, Los Angeles, California 90012.
    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 Dave Jones, Insurance Commissioner of the State of 
California v. Mission Insurance Company, et al., D.J. Ref. No. 90-11-3-
10711. All comments must be submitted no later than twenty-one (21) 
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.
------------------------------------------------------------------------

    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. Alternatively, a paper copy of 
the Settlement Agreement will be provided 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 $2.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2017-10013 Filed 5-17-17; 8:45 am]
BILLING CODE 4410-15-P



                                                  22848                          Federal Register / Vol. 82, No. 95 / Thursday, May 18, 2017 / Notices

                                                  was previously published in the Federal                    2. The Title of the Form/Collection:               State of California v. Mission Insurance
                                                  Register, on March 14, 2017, allowing                   Relief of Disabilities and Application for            Company, et al., Case No. C 572 724.
                                                  for a 60-day comment period.                            Restoration of Explosives Privileges.                 The Motion will seek court approval of
                                                                                                             3. The agency form number, if any,                 a Settlement Agreement between Dave
                                                  DATES:  Comments are encouraged and
                                                                                                          and the applicable component of the                   Jones, Insurance Commissioner of the
                                                  will be accepted for an additional 30
                                                                                                          Department sponsoring the collection:                 State of California, in his capacity as
                                                  days until June 19, 2017.
                                                                                                             Form number (if applicable): ATF                   Trustee (the ‘‘Trustee’’) of the Mission
                                                  FOR FURTHER INFORMATION CONTACT:     If                 Form 5400.29.                                         Insurance Company Trust and the
                                                  you have additional comments,                              Component: Bureau of Alcohol,                      Mission National Insurance Company
                                                  particularly with respect to the                        Tobacco, Firearms and Explosives, U.S.                Trust (the ‘‘Mission Trusts’’), and the
                                                  estimated public burden or associated                   Department of Justice.                                United States Department of the Interior
                                                  response time, have suggestions, need a                    4. Affected public who will be asked               (‘‘DOI’’), Environmental Protection
                                                  copy of the proposed information                        or required to respond, as well as a brief            Agency (‘‘EPA’’), and National Oceanic
                                                  collection instrument with instructions,                abstract:                                             and Atmospheric Agency (‘‘NOAA’’)
                                                  or desire any other additional                             Primary: Individuals or households.                (collectively referred to as ‘‘the Federal
                                                  information, please contact Explosives                     Other: Business or other for-profit.               Claimants’’), acting by and through the
                                                  Relief of Disabilities Program, National                   Abstract: Persons who wish to ship,                United States Department of Justice
                                                  Center for Explosives Training and                      transport, receive, or possess explosive              (‘‘DOJ’’).
                                                  Research (NCETR) either by mail at                      materials, but are prohibited from doing                 The Settlement Agreement would
                                                  3750 Corporal Road, Redstone Arsenal,                   so, will complete this form. The form                 resolve claims by the Federal Claimants
                                                  AL 35898, by email at FROD@atf.gov, or                  will be submitted to ATF to determine                 under Section 107 of the
                                                  by telephone at 256–261–7640. Written                   whether the person who provided the                   Comprehensive Environmental
                                                  comments and/or suggestions can also                    information is likely to act in a manner              Response, Compensation, and Liability
                                                  be directed to the Office of Management                 dangerous to public safety and that the               Act (‘‘CERCLA’’), 42 U.S.C. 9607,
                                                  and Budget, Office of Information and                   granting of relief is not contrary to the             involving insured parties in connection
                                                  Regulatory Affairs, Attention                           public interest.                                      with four Superfund Sites: (1) The
                                                  Department of Justice Desk Officer,                        5. An estimate of the total number of              Franklin Smelting and Franklin Slag
                                                  Washington, DC 20503 or sent to OIRA_                   respondents and the amount of time                    Sites in Philadelphia, Pennsylvania
                                                  submissions@omb.eop.gov.                                estimated for an average respondent to                (Franklin Smelting and Refining
                                                                                                          respond: An estimated 300 respondents                 Company, et al.); the Safety Light
                                                  SUPPLEMENTARY INFORMATION:    Written                   will utilize the form, and it will take               Corporation Site in Bloomsburg,
                                                  comments and suggestions from the                       each respondent approximately 30                      Pennsylvania (United States Radium
                                                  public and affected agencies concerning                 minutes to complete the form.                         Corp. and USR Industries, Inc., et al.);
                                                  the proposed collection of information                     6. An estimate of the total public                 the CleanCare Corporation Site in
                                                  are encouraged. Your comments should                    burden (in hours) associated with the                 Tacoma, Washington (Lilyblad
                                                  address one or more of the following                    collection: The estimated annual public               Petroleum, Inc.); and the Portland
                                                  four points:                                            burden associated with this collection is             Harbor Site (Linnton Plywood
                                                  —Evaluate whether the proposed                          150 hours which is equal to (300 (total               Association). The Federal Claimants
                                                   collection of information is necessary                 # of respondents) * .5 (30 minutes).                  filed proof of claims in the instant
                                                   for the proper performance of the                         If additional information is required              proceeding against the Mission Trusts
                                                   functions of the agency, including                     contact: Melody Braswell, Department                  arising from policies of insurance that
                                                   whether the information will have                      Clearance Officer, United States                      Mission companies had issued to the
                                                   practical utility;                                     Department of Justice, Justice                        parties liable for contamination at these
                                                  —Evaluate the accuracy of the agency’s                  Management Division, Policy and                       four Sites.
                                                   estimate of the burden of the                          Planning Staff, Two Constitution                         Under the Settlement Agreement, the
                                                   proposed collection of information,                    Square, 145 N Street NE., 3E.405A,                    Mission Trusts will pay to the United
                                                   including the validity of the                          Washington, DC 20530.                                 States $28.6 million to be allocated to
                                                   methodology and assumptions used;                        Dated: May 15, 2017.                                accounts respecting the four Superfund
                                                  —Evaluate whether and if so how the                     Melody Braswell,                                      Sites as follows:
                                                   quality, utility, and clarity of the                   Department Clearance Officer for PRA, U.S.
                                                                                                                                                                   a. $11,914,658.58 shall be paid with
                                                   information to be collected can be                     Department of Justice.                                respect to the Franklin Smelting
                                                   enhanced; and                                          [FR Doc. 2017–10037 Filed 5–17–17; 8:45 am]
                                                                                                                                                                Superfund Site and the Franklin Slag
                                                                                                                                                                Superfund Site.
                                                  —Minimize the burden of the collection                  BILLING CODE 4410–14–P
                                                                                                                                                                   b. $7,113,598.90 shall be with respect
                                                   of information on those who are to                                                                           to the Safety Light Corporation
                                                   respond, including through the use of                                                                        Superfund Site in Bloomsburg, PA.
                                                   appropriate automated, electronic,                     DEPARTMENT OF JUSTICE
                                                                                                                                                                   c. $284,543.96 shall be paid with
                                                   mechanical, or other technological                                                                           respect to the CleanCare Corporation
                                                                                                          Notice of Filing of Proposed
                                                   collection techniques or other forms                                                                         Superfund Site in Tacoma, WA.
                                                                                                          Settlement Agreement Regarding
                                                   of information technology, e.g.,                                                                                d. $9,287,198.56 shall be with respect
                                                                                                          Environmental Claims in Connection
                                                   permitting electronic submission of                                                                          to the Portland Harbor Superfund Site
                                                                                                          With Franklin Smelting/Slag Site,
                                                   responses.
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                                                                          Safety Light Corp. Site, Cleancare                    in Portland, OR. This amount shall be
                                                  Overview of This Information                            Corp. Site, and Portland Harbor Site                  divided between EPA and DOI and
                                                  Collection                                                                                                    NOAA as follows: $6,965,398.92 to EPA,
                                                                                                            On May 11, 2017, a Notice of Motion                 and $2,321,799.64 to DOI and NOAA.
                                                    1. Type of Information Collection                     was filed in the Superior Court for the                  In consideration of this payment,
                                                  (check justification or form 83):                       State of California for the County of Los             upon approval of the Settlement
                                                  Extension, of a currently approved                      Angeles in the proceeding entitled Dave               Agreement the Federal Claimants
                                                  collection.                                             Jones, Insurance Commissioner of the                  covenant not to file a civil action against


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                                                                                    Federal Register / Vol. 82, No. 95 / Thursday, May 18, 2017 / Notices                                             22849

                                                  the Trustee, the Mission Trusts and the                    DEPARTMENT OF JUSTICE                                    (2) Title of the Form/Collection:
                                                  various California courts involved in the                                                                        Certification of Compliance with the
                                                                                                             [OMB Number 1122–0029]
                                                  liquidation proceeding involving the                                                                             Statutory Eligibility Requirements of the
                                                  Mission Trusts. The Settlement                             Agency Information Collection                         Violence Against Women Act as
                                                  Agreement is conditioned upon court                        Activities; Proposed eCollection                      Amended and the Prison Rape
                                                  approval for a super-priority release of                   eComments Requested; Extension of a                   Elimination Act for Applicants to the
                                                  the Trustee under 31 U.S.C. 3713, the                      Currently Approved Collection                         STOP Formula Grant Program.
                                                  Federal Priorities Statute. The Trustee                                                                             (3) Agency form number, if any, and
                                                  will appear at a hearing to present the                    AGENCY:  Office on Violence Against                   the applicable component of the
                                                                                                             Women, Department of Justice.                         Department of Justice sponsoring the
                                                  motion seeking approval the Settlement
                                                  Agreement on June 22, 2017, at 8:30                        ACTION: 60-Day notice.                                collection: Form Number: 1122–0029.
                                                  a.m. in Department 50 of the Stanley                                                                             U.S. Department of Justice, Office on
                                                                                                             SUMMARY:   The Department of Justice,                 Violence Against Women.
                                                  Mosk Courthouse, 111 North Hill Street,                    Office on Violence Against Women
                                                  Floor 5, Room 508, Los Angeles,                                                                                     (4) Affected public who will be asked
                                                                                                             (OVW) will be submitting the following                or required to respond, as well as a brief
                                                  California 90012.                                          information collection request to the                 abstract: Primary: The affected public
                                                     The publication of this notice opens                    Office of Management and Budget                       includes STOP formula grantees (50
                                                  a period for public comment on the                         (OMB) for review and approval in                      states, the District of Columbia and five
                                                  Settlement Agreement. Comments                             accordance with the Paperwork                         territories (Guam, Puerto Rico,
                                                  should be addressed to the Assistant                       Reduction Act of 1995.                                American Samoa, Virgin Islands,
                                                  Attorney General, Environment and                          DATES: Comments are encouraged and                    Northern Mariana Islands). The STOP
                                                  Natural Resources Division, and should                     will be accepted for 60 days until July               Violence Against Women Formula Grant
                                                  refer to Dave Jones, Insurance                             17, 2017.                                             Program was authorized through the
                                                  Commissioner of the State of California                    FOR FURTHER INFORMATION CONTACT:                      Violence Against Women Act of 1994
                                                  v. Mission Insurance Company, et al.,                      Written comments and/or suggestion                    and reauthorized and amended by the
                                                  D.J. Ref. No. 90–11–3–10711. All                           regarding the items contained in this                 Violence Against Women Act of 2000,
                                                  comments must be submitted no later                        notice, especially the estimated public               the Violence Against Women Act of
                                                  than twenty-one (21) days after the                        burden and associated response time,                  2005 and the Violence Against Women
                                                  publication date of this notice.                           should be directed to Cathy Poston,                   Act of 2013. The purpose of the STOP
                                                  Comments may be submitted either by                        Office on Violence Against Women, at                  Formula Grant Program is to promote a
                                                  email or by mail:                                          202–514–5430 or Catherine.poston@                     coordinated, multi-disciplinary
                                                                                                             usdoj.gov.                                            approach to improving the criminal
                                                  To submit                                                  SUPPLEMENTARY INFORMATION:     Written                justice system’s response to violence
                                                                       Send them to:                                                                               against women. It envisions a
                                                  comments:                                                  comments and suggestions from the
                                                                                                             public and affected agencies concerning               partnership among law enforcement,
                                                  By email .......     pubcomment-ees.enrd@                                                                        prosecution, courts, and victim
                                                                                                             the proposed collection of information
                                                                         usdoj.gov.                                                                                advocacy organizations to enhance
                                                                                                             are encouraged. Your comments should
                                                  By mail .........    Assistant Attorney General,                                                                 victim safety and hold offenders
                                                                         U.S. DOJ—ENRD, P.O.                 address one or more of the following
                                                                                                             four points:                                          accountable for their crimes of violence
                                                                         Box 7611, Washington, DC
                                                                                                               (1) Evaluate whether the proposed                   against women. The Department of
                                                                         20044–7611.
                                                                                                             collection of information is necessary                Justice’s Office on Violence Against
                                                                                                             for the proper performance of the                     Women (OVW) administers the STOP
                                                    During the public comment period,                                                                              Formula Grant Program funds which
                                                                                                             functions of the agency, including
                                                  the Settlement Agreement may be                                                                                  must be distributed by STOP state
                                                                                                             whether the information will have
                                                  examined and downloaded at this                                                                                  administrators according to statutory.
                                                                                                             practical utility;
                                                  Justice Department Web site: https://                        (2) Evaluate the accuracy of the                    As a result of VAWA 2013 and the
                                                  www.justice.gov/enrd/consent-decrees.                      agency’s estimate of the burden of the                penalty provision of the Prison Rape
                                                  Alternatively, a paper copy of the                         proposed collection of information,                   Elimination Act (PREA), States are
                                                  Settlement Agreement will be provided                      including the validity of the                         required to certify compliance with
                                                  upon written request and payment of                        methodology and assumptions used;                     PREA. If States cannot certify
                                                  reproduction costs. Please mail your                         (3) Enhance the quality, utility, and               compliance, they have the option of
                                                  request and payment to: Consent Decree                     clarity of the information to be                      forfeiting five percent of covered funds
                                                  Library, U.S. DOJ—ENRD, P.O. Box                           collected; and                                        or executing an assurance that five
                                                  7611, Washington, DC 20044–7611.                             (4) Minimize the burden of the                      percent of covered funds will be used
                                                                                                             collection of information on those who                towards coming into compliance with
                                                    Please enclose a check or money order
                                                                                                             are to respond, including through the                 PREA.
                                                  for $2.75 (25 cents per page
                                                                                                             use of appropriate automated,                            (5) An estimate of the total number of
                                                  reproduction cost) payable to the United
                                                                                                             electronic, mechanical, or other                      respondents and the amount of time
                                                  States Treasury.                                                                                                 estimated for an average respondent to
                                                                                                             technological collection techniques or
                                                  Robert Brook,                                              other forms of information technology,                respond/reply: It is estimated that it will
                                                                                                                                                                   take the approximately 56 respondents
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  Assistant Section Chief, Environmental                     e.g., permitting electronic submission of
                                                  Enforcement Section, Environment and                       responses.                                            (state administrators from the STOP
                                                  Natural Resources Division.                                                                                      Formula Grant Program) 10 minutes to
                                                                                                             Overview of This Information                          complete a Certification of Compliance
                                                  [FR Doc. 2017–10013 Filed 5–17–17; 8:45 am]                Collection                                            with the Statutory Eligibility
                                                  BILLING CODE 4410–15–P
                                                                                                               (1) Type of Information Collection:                 Requirements of the Violence Against
                                                                                                             Extension of a currently approved                     Women Act, as amended and the Prison
                                                                                                             collection.                                           Rape Elimination Act.


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Document Created: 2017-05-18 01:20:51
Document Modified: 2017-05-18 01:20:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation82 FR 22848 

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