82_FR_60662 82 FR 60419 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act

82 FR 60419 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act

DEPARTMENT OF JUSTICE

Federal Register Volume 82, Issue 243 (December 20, 2017)

Page Range60419-60420
FR Document2017-27400

Federal Register, Volume 82 Issue 243 (Wednesday, December 20, 2017)
[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)]
[Notices]
[Pages 60419-60420]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27400]


=======================================================================
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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the 
Comprehensive Environmental Response, Compensation, and Liability Act

    On December 14, 2017, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Northern 
District of New York in the lawsuit entitled

[[Page 60420]]

United States v. Honeywell International Inc., Civil Action No. 5:17-
cv-01344-FJS-DEP. In a civil action filed under Section 107(a) of the 
Comprehensive Environmental Response, Compensation, and Liability Act, 
42 U.S.C. 9607(a) (CERCLA), on December 14, 2017, the United States 
sought recovery from Honeywell International Inc. (``Honeywell'') of 
costs of response action at the Onondaga Lake Superfund Site (Site) in 
Syracuse, New York. The proposed Consent Decree resolves the liability 
of defendant Honeywell for response costs incurred by the United States 
in connection with the Site.
    The proposed Consent Decree requires Honeywell to pay $7.3 million 
in reimbursement of response costs incurred by the United States with 
respect to the Site. The proposed Consent Decree provides Honeywell 
with a covenant not to sue for response costs incurred by the United 
States in connection with the Site through the date of lodging of the 
Consent Decree. Honeywell previously entered into a settlement with the 
New York State Department of Environmental Conservation (NYSDEC) that 
required Honeywell to perform a cleanup of the Lake Bottom portion of 
the Site.
    The proposed Consent Decree also resolves the liability of other 
potentially responsible parties (``Other Settling Parties'') who have 
previously settled (or may settle in the future) with Honeywell, and 
the United States provides the Other Settling Parties with a covenant 
not to sue for certain of the costs incurred by the United States in 
connection with the Site. The Other Settling Parties also agree to 
provide a covenant not to sue the United States for certain costs and 
natural resource damages in connection with the Site.
    The proposed Consent Decree also resolves Honeywell's claim against 
the United States under Section 113(f) of CERCLA and requires the 
United States to reimburse Honeywell $6.25 million of Honeywell's costs 
incurred in cleaning up the Site. Honeywell alleges that certain 
federal agencies were liable for the disposal of contaminants at the 
Site during World War II. Under the proposed Consent Decree, Honeywell 
provides the United States with a covenant not to sue for response 
costs and natural resource damages incurred or to be incurred by 
Honeywell in connection with the Site.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Please address comments to the Assistant Attorney 
General, Environment and Natural Resources Division and refer to United 
States v. Honeywell International Inc. D.J. Ref. No. 90-11-3-08348. 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:

------------------------------------------------------------------------
                                                                    Send
                        To submit comments:                         them
                                                                     to:
------------------------------------------------------------------------
By email..........................................................  [email protected].
By mail...........................................................  Assi
                                                                    stan
                                                                     t
                                                                    Atto
                                                                    rney
                                                                    Gene
                                                                    ral,
                                                                    U.S.
                                                                    DOJ-
                                                                    -ENR
                                                                    D,
                                                                    P.O.
                                                                    Box
                                                                    7611
                                                                     ,
                                                                    Wash
                                                                    ingt
                                                                    on,
                                                                    DC
                                                                    2004
                                                                    4-76
                                                                    11.
------------------------------------------------------------------------

    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department website: http://www.justice.gov/enrd/consent-decrees. 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 $10.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2017-27400 Filed 12-19-17; 8:45 am]
 BILLING CODE 4410-15-P



                                                                         Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Notices                                                  60419

                                                (202) 205–2000. Hearing impaired                           (3) For the investigation so instituted,           INTERNATIONAL TRADE
                                                individuals are advised that information                the Chief Administrative Law Judge,                   COMMISSION
                                                on this matter can be obtained by                       U.S. International Trade Commission,
                                                contacting the Commission’s TDD                                                                               [Investigation No. 731–TA–865–867 (Third
                                                                                                        shall designate the presiding                         Review)]
                                                terminal on (202) 205–1810. Persons                     Administrative Law Judge, and the
                                                with mobility impairments who will                      Chief Administrative Law Judge is                     Stainless Steel Butt-Weld Pipe Fittings
                                                need special assistance in gaining access               authorized to consider whether to                     From Italy, Malaysia, and the
                                                to the Commission should contact the                    consolidate Inv. No. 337–TA–1091 with                 Philippines
                                                Office of the Secretary at (202) 205–                   Inv. No. 337–TA–1090, and to
                                                2000. General information concerning                    consolidate them if he deems it                       Determinations
                                                the Commission may also be obtained
                                                                                                        appropriate.                                             On the basis of the record 1 developed
                                                by accessing its internet server at
                                                                                                           The Office of Unfair Import                        in the subject five-year reviews, the
                                                https://www.usitc.gov. The public
                                                                                                        Investigations will not participate as a              United States International Trade
                                                record for this investigation may be
                                                                                                        party in this investigation.                          Commission (‘‘Commission’’)
                                                viewed on the Commission’s electronic
                                                                                                                                                              determines, pursuant to the Tariff Act of
                                                docket (EDIS) at https://edis.usitc.gov.                   Responses to the complaint and the                 1930 (‘‘the Act’’), that revocation of the
                                                FOR FURTHER INFORMATION CONTACT: The                    notice of investigation must be                       antidumping duty orders on stainless
                                                Office of Docket Services, U.S.                         submitted by the named respondents in                 steel butt-weld pipe fittings from Italy,
                                                International Trade Commission,                         accordance with section 210.13 of the                 Malaysia, and the Philippines would be
                                                telephone (202) 205–1802.                               Commission’s Rules of Practice and                    likely to lead to continuation or
                                                SUPPLEMENTARY INFORMATION:                              Procedure, 19 CFR 210.13. Pursuant to                 recurrence of material injury to an
                                                   Authority: The authority for                         19 CFR 201.16(e) and 210.13(a), such                  industry in the United States within a
                                                institution of this investigation is                    responses will be considered by the                   reasonably foreseeable time.
                                                contained in section 337 of the Tariff
                                                                                                        Commission if received not later than 20              Background
                                                Act of 1930, as amended, 19 U.S.C. 1337
                                                                                                        days after the date of service by the
                                                and in section 210.10 of the                                                                                    The Commission, pursuant to section
                                                Commission’s Rules of Practice and                      Commission of the complaint and the
                                                                                                        notice of investigation. Extensions of                751(c) of the Act (19 U.S.C. 1675(c)),
                                                Procedure, 19 CFR 210.10 (2017).                                                                              instituted these reviews on June 1, 2017
                                                   Scope of Investigation: Having                       time for submitting responses to the
                                                                                                        complaint and the notice of                           (82 FR 25324) and determined on
                                                considered the complaint, the U.S.                                                                            September 5, 2017 that it would
                                                International Trade Commission, on                      investigation will not be granted unless
                                                                                                                                                              conduct expedited reviews (82 FR
                                                December 13, 2017, ordered that—                        good cause therefor is shown.
                                                                                                                                                              46524, October 5, 2017).
                                                   (1) Pursuant to subsection (b) of                       Failure of a respondent to file a timely             The Commission made these
                                                section 337 of the Tariff Act of 1930, as               response to each allegation in the                    determinations pursuant to section
                                                amended, an investigation be instituted                 complaint and in this notice may be                   751(c) of the Act (19 U.S.C. 1675(c)). It
                                                to determine whether there is a
                                                                                                        deemed to constitute a waiver of the                  completed and filed its determinations
                                                violation of subsection (a)(1)(B) of
                                                                                                        right to appear and contest the                       in these reviews on January 8, 2018. The
                                                section 337 in the importation into the
                                                United States, the sale for importation,                allegations of the complaint and this                 views of the Commission are contained
                                                or the sale within the United States after              notice, and to authorize the                          in USITC Publication 4751 (January
                                                importation of certain color intraoral                  administrative law judge and the                      2018), entitled Stainless Steel Butt-Weld
                                                scanners and related hardware and                       Commission, without further notice to                 Pipe Fittings from Italy, Malaysia, and
                                                software by reason of infringement of                   the respondent, to find the facts to be as            the Philippines: Investigation Nos. 731–
                                                one or more of claims 1, 2, 4, 5, 7, 18,                alleged in the complaint and this notice              TA–865–867 (Third Review).
                                                20, 21, and 26 of the ’228 patent; claims               and to enter an initial determination                   By order of the Commission.
                                                1–8 and 15–18 of the ’456 patent; claims                and a final determination containing                    Issued: December 15, 2017.
                                                1, 2, 4, and 15–21 of the ’207 patent;                  such findings, and may result in the                  Lisa R. Barton,
                                                claims 1, 4, 7, 10, 12, and 14 of the ’433              issuance of an exclusion order or a cease             Secretary to the Commission.
                                                patent; and claims 1–12 of the ’931                     and desist order or both directed against             [FR Doc. 2017–27391 Filed 12–19–17; 8:45 am]
                                                patent; and claims 1–12 of the ’470                     the respondent.                                       BILLING CODE 7020–02–P
                                                patent, and whether an industry in the
                                                                                                          By order of the Commission.
                                                United States exists as required by
                                                subsection (a)(2) of section 337;                         Issued: December 14, 2017.
                                                   (2) For the purpose of the                           Lisa R. Barton,                                       DEPARTMENT OF JUSTICE
                                                investigation so instituted, the following              Secretary to the Commission.
                                                                                                                                                              Notice of Lodging of Proposed
                                                are hereby named as parties upon which                  [FR Doc. 2017–27321 Filed 12–19–17; 8:45 am]          Consent Decree Under the
                                                this notice of investigation shall be                   BILLING CODE 7020–02–P                                Comprehensive Environmental
                                                served:
                                                   (a) The complainant is: Align                                                                              Response, Compensation, and Liability
                                                Technology, Inc., 2820 Orchard                                                                                Act
                                                Parkway, San Jose, CA 95134.                                                                                    On December 14, 2017, the
sradovich on DSK3GMQ082PROD with NOTICES




                                                   (b) The respondents are the following                                                                      Department of Justice lodged a proposed
                                                entities alleged to be in violation of                                                                        Consent Decree with the United States
                                                section 337, and are the parties upon                                                                         District Court for the Northern District
                                                which the complaint is to be served:                                                                          of New York in the lawsuit entitled
                                                   3Shape A/S, Holmens Kanal 7, 1060
                                                Copenhagen K, Denmark.                                                                                          1 The record is defined in sec. 207.2(f) of the
                                                   3Shape, Inc., 10 Independence                                                                              Commission’s Rules of Practice and Procedure (19
                                                Boulevard, Suite 150, Warren, NJ 07059.                                                                       CFR 207.2(f)).



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                                                60420                    Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Notices

                                                United States v. Honeywell                              States v. Honeywell International Inc.                    1. Cory Wolff, Permit No. 2018–023
                                                International Inc., Civil Action No.                    D.J. Ref. No. 90–11–3–08348. All                          2. Joseph A. Covi, Permit No. 2018–024
                                                5:17–cv–01344–FJS–DEP. In a civil                       comments must be submitted no later                       Nadene G. Kennedy,
                                                action filed under Section 107(a) of the                than thirty (30) days after the
                                                                                                                                                                  Polar Coordination Specialist, Office of Polar
                                                Comprehensive Environmental                             publication date of this notice.                          Programs.
                                                Response, Compensation, and Liability                   Comments may be submitted either by
                                                                                                                                                                  [FR Doc. 2017–27385 Filed 12–19–17; 8:45 am]
                                                Act, 42 U.S.C. 9607(a) (CERCLA), on                     email or by mail:
                                                                                                                                                                  BILLING CODE 7555–01–P
                                                December 14, 2017, the United States
                                                sought recovery from Honeywell                          To submit comments:                 Send them to:
                                                International Inc. (‘‘Honeywell’’) of
                                                costs of response action at the Onondaga                By email ....................    pubcomment-              NUCLEAR REGULATORY
                                                Lake Superfund Site (Site) in Syracuse,                                                    ees.enrd@              COMMISSION
                                                                                                                                           usdoj.gov.
                                                New York. The proposed Consent                          By mail ......................   Assistant Attorney       [Docket No. 70–1257; NRC–2017–0148]
                                                Decree resolves the liability of                                                           General, U.S.
                                                defendant Honeywell for response costs                                                     DOJ—ENRD, P.O.         AREVA, Inc.; Richland, Washington;
                                                incurred by the United States in                                                           Box 7611, Wash-        Indirect Transfer of License; Order
                                                connection with the Site.                                                                  ington, DC 20044–
                                                  The proposed Consent Decree                                                                                     AGENCY:  Nuclear Regulatory
                                                                                                                                           7611.
                                                requires Honeywell to pay $7.3 million                                                                            Commission.
                                                in reimbursement of response costs                        During the public comment period,                       ACTION: Indirect transfer of license;
                                                incurred by the United States with                      the Consent Decree may be examined                        order.
                                                respect to the Site. The proposed                       and downloaded at this Justice                            SUMMARY:   The U.S. Nuclear Regulatory
                                                Consent Decree provides Honeywell                       Department website: http://                               Commission (NRC) is issuing an Order
                                                with a covenant not to sue for response                 www.justice.gov/enrd/consent-decrees.                     approving the indirect transfer of
                                                costs incurred by the United States in                  We will provide a paper copy of the                       several licenses. AREVA, Inc., is the
                                                connection with the Site through the                    Consent Decree upon written request                       holder of materials license no. SNM–
                                                date of lodging of the Consent Decree.                  and payment of reproduction costs.                        1227, which authorizes the possession
                                                Honeywell previously entered into a                     Please mail your request and payment                      and use of special nuclear material
                                                settlement with the New York State                      to: Consent Decree Library, U.S. DOJ—                     (SNM) at the AREVA, Inc. site in
                                                Department of Environmental                             ENRD, P.O. Box 7611, Washington, DC                       Richland, Washington. AREVA, Inc. is
                                                Conservation (NYSDEC) that required                     20044–7611.                                               also the holder of export license nos.
                                                Honeywell to perform a cleanup of the                     Please enclose a check or money order                   XSNM3551, XSNM3697, XSNM3747,
                                                Lake Bottom portion of the Site.                        for $10.75 (25 cents per page                             XSOU8833, XCOM1202, XW015,
                                                  The proposed Consent Decree also                      reproduction cost) payable to the United                  XCOM1304, XSNM3780, XSNM3781,
                                                resolves the liability of other potentially             States Treasury.                                          XSNM3782, and import license no.
                                                responsible parties (‘‘Other Settling                                                                             IW009 which authorize the import and
                                                Parties’’) who have previously settled                  Robert E. Maher, Jr.,
                                                                                                        Assistant Section Chief, Environmental
                                                                                                                                                                  export of licensed materials/
                                                (or may settle in the future) with                                                                                components to and from facilities in the
                                                Honeywell, and the United States                        Enforcement Section, Environment and
                                                                                                        Natural Resources Division.                               United States. The Order approves the
                                                provides the Other Settling Parties with                                                                          indirect transfer of control of the above
                                                a covenant not to sue for certain of the                [FR Doc. 2017–27400 Filed 12–19–17; 8:45 am]
                                                                                                                                                                  licenses resulting from a planned
                                                costs incurred by the United States in                  BILLING CODE 4410–15–P
                                                                                                                                                                  reorganization of AREVA, Inc.’s parent
                                                connection with the Site. The Other                                                                               company and the sale of part of the
                                                Settling Parties also agree to provide a                                                                          parent company. There will be no direct
                                                covenant not to sue the United States for               NATIONAL SCIENCE FOUNDATION                               transfer of control because AREVA, Inc.
                                                certain costs and natural resource                                                                                will continue to be the license holder.
                                                damages in connection with the Site.                    Notice of Permits Issued Under the
                                                                                                        Antarctic Conservation Act of 1978                        The Order became effective upon
                                                  The proposed Consent Decree also
                                                                                                                                                                  issuance.
                                                resolves Honeywell’s claim against the
                                                                                                        AGENCY:     National Science Foundation.                  DATES: The Order was issued on
                                                United States under Section 113(f) of
                                                CERCLA and requires the United States                   ACTION:     Notice of permits issued.                     November 14, 2017, and is applicable
                                                to reimburse Honeywell $6.25 million of                                                                           until March 31, 2018.
                                                                                                        SUMMARY:   The National Science
                                                Honeywell’s costs incurred in cleaning                                                                            ADDRESSES: Please refer to Docket ID
                                                                                                        Foundation (NSF) is required to publish
                                                up the Site. Honeywell alleges that                                                                               NRC–2017–0148 when contacting the
                                                                                                        notice of permits issued under the
                                                certain federal agencies were liable for                                                                          NRC about the availability of
                                                                                                        Antarctic Conservation Act of 1978.
                                                the disposal of contaminants at the Site                                                                          information regarding this document.
                                                                                                        This is the required notice.
                                                during World War II. Under the                                                                                    You may obtain publicly-available
                                                proposed Consent Decree, Honeywell                      FOR FURTHER INFORMATION CONTACT:                          information related to this document
                                                provides the United States with a                       Nature McGinn, ACA Permit Officer,                        using any of the following methods:
                                                covenant not to sue for response costs                  Office of Polar Programs, National                           • Federal Rulemaking website: Go to
                                                and natural resource damages incurred                   Science Foundation, 2415 Eisenhower                       http://www.regulations.gov and search
                                                                                                        Avenue, Alexandria, VA 22314; 703–                        for Docket ID NRC–2017–0148. Address
sradovich on DSK3GMQ082PROD with NOTICES




                                                or to be incurred by Honeywell in
                                                connection with the Site.                               292–8030; email: ACApermits@nsf.gov.                      questions about NRC dockets to Carol
                                                  The publication of this notice opens                  SUPPLEMENTARY INFORMATION: On                             Gallagher; telephone: 301–415–3463;
                                                a period for public comment on the                      October 27, 2017, the National Science                    email: Carol.Gallagher@nrc.gov. For
                                                Consent Decree. Please address                          Foundation published notices in the                       technical questions, contact the
                                                comments to the Assistant Attorney                      Federal Register of a permit                              individual listed in the FOR FURTHER
                                                General, Environment and Natural                        applications received. The permits were                   INFORMATION CONTACT section of this
                                                Resources Division and refer to United                  issued on December 15, 2017 to:                           document.


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Document Created: 2018-10-25 10:54:55
Document Modified: 2018-10-25 10:54:55
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 60419 

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