Notice of Lodging of Consent Decree and Environmental Settlement under the Comprehensive Environmental Response, Compensation and Liability Act, and the Resource Conservation and Recovery Act, 73130-73131 [2010-30027]
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73130
Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Notices
interested in receiving written
submissions that address the form of
remedy, if any, that should be ordered.
If a party seeks exclusion of an article
from entry into the United States for
purposes other than entry for
consumption, the party should so
indicate and provide information
establishing that activities involving
other types of entry either are adversely
affecting it or likely to do so. For
background, see In the Matter of Certain
Devices for Connecting Computers via
Telephone Lines, Inv. No. 337–TA–360,
USITC Pub. No. 2843 (December 1994)
(Commission Opinion).
If the Commission contemplates some
form of remedy, it must consider the
effects of that remedy upon the public
interest. The factors the Commission
will consider include the effect that an
exclusion order and/or cease and desist
orders would have on (1) the public
health and welfare, (2) competitive
conditions in the U.S. economy, (3) U.S.
production of articles that are like or
directly competitive with those that are
subject to investigation, and (4) U.S.
consumers. The Commission is
therefore interested in receiving written
submissions that address the
aforementioned public interest factors
in the context of this investigation.
If the Commission orders some form
of remedy, the U.S. Trade
Representative, as delegated by the
President, has 60 days to approve or
disapprove the Commission’s action.
See Presidential Memorandum of July
21, 2005, 70 FR 43251 (July 26, 2005).
During this period, the subject articles
would be entitled to enter the United
States under bond, in an amount
determined by the Commission and
prescribed by the Secretary of the
Treasury. The Commission is therefore
interested in receiving submissions
concerning the amount of the bond that
should be imposed if a remedy is
ordered.
Written Submissions: The parties to
the investigation are requested to file
written submissions on the issues
identified in this notice. Parties to the
investigation, interested government
agencies, and any other interested
parties are encouraged to file written
submissions on the issues of remedy,
the public interest, and bonding. Such
submissions should address the ALJ’s
recommendation on remedy and
bonding set forth in the RD.
Complainants and the IA are also
requested to submit proposed remedial
orders for the Commission’s
consideration. Complainants are also
requested to state the date that the ‘690
and ‘343 patents expire and the HTSUS
numbers under which the accused
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17:57 Nov 26, 2010
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products are imported. The written
submissions and proposed remedial
orders must be filed no later than close
of business on Thursday December 9,
2010. Reply submissions must be filed
no later than the close of business on
Friday December 17, 2010. No further
submissions on these issues will be
permitted unless otherwise ordered by
the Commission.
Persons filing written submissions
must file the original document and 12
true copies thereof on or before the
deadlines stated above with the Office
of the Secretary. Any person desiring to
submit a document to the Commission
in confidence must request confidential
treatment unless the information has
already been granted such treatment
during the proceedings. All such
requests should be directed to the
Secretary of the Commission and must
include a full statement of the reasons
why the Commission should grant such
treatment. See 19 CFR 210.6. Documents
for which confidential treatment by the
Commission is sought will be treated
accordingly. All nonconfidential written
submissions will be available for public
inspection at the Office of the Secretary.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in
sections 210.42–46 and 210.50 of the
Commission’s Rules of Practice and
Procedure (19 CFR 210.42–46 and
210.50).
Issued: November 22, 2010.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010–29910 Filed 11–26–10; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
and Environmental Settlement under
the Comprehensive Environmental
Response, Compensation and Liability
Act, and the Resource Conservation
and Recovery Act
Notice is hereby given that on
November 23, 2010, a proposed Consent
Decree and Environmental Settlement
Agreement (‘‘Settlement Agreement’’) in
the matter of In re: Tronox Incorporated,
et al., Case No.09–10156 (ALG) (Jointly
Administered), was lodged with the
United States Bankruptcy Court for the
Southern District of New York.
The parties to the proposed
Settlement Agreement are Tronox
Incorporated, and fourteen of its
affiliates (collectively, ‘‘Tronox’’ or
‘‘Debtors’’), the United States, the Navajo
PO 00000
Frm 00104
Fmt 4703
Sfmt 4703
Nation, twenty-two states, and several
municipalities (collectively, the
‘‘Governmental Environmental
Claimants’’). The proposed Settlement
Agreement creates five environmental
response trusts and provides for Tronox
to pay $270 million and certain other
consideration to the environmental
response trusts and Governmental
Environmental Claimants. Additionally,
Tronox is to assign its rights in a
pending fraudulent conveyance lawsuit
against its former parent, Kerr-McGee
Corporation, and Anadarko Petroleum
Corporation, which purchased KerrMcGee, to a litigation trust that will pay
88% of its net recoveries to the
environmental response trusts and
Governmental Environmental
Claimaints. The fraudulent conveyance
lawsuit alleges that Kerr-McGee and
Anadarko defrauded Tronox and its
creditors, including the United States,
by imposing on Tronox all of KerrMcGee’s environmental liabilities
without sufficient means to satisfy those
liabilities.
The Settlement Agreement resolves
certain environmental liabilities of the
Debtors to the Governmental
Environmental Claimants at more than
2000 sites and indicates the amount of
cash and percentage of net recoveries
from the fraudulent conveyance action
that will be provided by site. Among the
sites included in the settlement are:
The Mobile Pigment Complex, Mobile,
AL
The former Petroleum Terminal Site,
Birmingham, AL
The Jacksonville AgChem Site,
Jacksonville, FL
The former titanium dioxide Plant,
Savannah, GA
The Rare Earths Facility, W. Chicago, IL
The Kress Creek and Residential Areas
Sites, W. Chicago, IL
The Lindsay Light Thorium Sites,
Chicago, IL
The former wood treating facility,
Madison, IL
The Soda Springs Vanadium Plant, Soda
Springs, ID
The former wood treating facility,
Columbus, MS
The former wood treating facility,
Hattiesburg, MS
The Navassa wood treating Site,
Wilmington, NC
The Henderson Facility, Henderson, NV
The former wood treating facility,
Bossier City, LA
The Calhoun Gas Plant Site, Calhoun,
LA
The Fireworks Site, Hanover, MA
The former nuclear fuels facility,
Cimarron, OK
The Cleveland Refinery Site, Cleveland,
OK
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mstockstill on DSKH9S0YB1PROD with NOTICES
Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Notices
The Cushing Refinery Sites, Cushing,
OK
The Corpus Christi Petrol Terminal Site,
CC, TX
The former wood treating facility,
Texarkana, TX
The former wood treating facility,
Kansas City, MO
The former wood treating facility,
Springfield, MO
The former wood treating facility, Rome,
NY
The former wood treating facility,
Avoca, PA
The Riley Pass Mine Site, Harding
County, SD
The former wood treating facility,
Indianapolis, IN more than 50 former
uranium mines and mills, including
Shiprock, Churchrock, and Ambrosia
Lake on and in the vicinity of Navajo
Nation, NM, AZ
The White King/Lucky Lass mine site,
Lakeview, OR
The Toledo Tie Site, Toledo, OH
The Welsbach Gas and Mantle Site,
Camden, NJ
The former Federal Creosote facility,
Manville, NJ
The former Moss American Site,
Milwaukee, WI more than 1800
current and former service stations in
twenty-four states
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
relating to the Consent Decree and
Settlement Agreement. Comments
should be addressed to the Assistant
Attorney General, Environment and
Natural Resources Division, and either
e-mailed to pubcommentees.enrd@usdoj.gov or mailed to P.O.
Box 7611, U.S. Department of Justice,
Washington, DC 20044–7611, and
should refer to In re Tronox,
Incorporated et al., D.J. Ref. 90–11–3–
09688. Commenters may request an
opportunity for a public meeting in the
affected area, in accordance with section
7003(d) of RCRA,42 U.S.C. 6973(d).
The Consent Decree and Settlement
Agreement may be examined at the
Office of the United States Attorney, 86
Chambers Street—3rd Floor, New York,
New York 10007. During the public
comment period, the Consent Decree
and Settlement Agreement may also be
examined on the following Department
of Justice Web site: https://
www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
Consent Decree and Settlement
Agreement may also be obtained by mail
from the Consent Decree Library, P.O.
Box 7611, U.S. Department of Justice,
Washington, DC 20044–7611 or by
faxing or e-mailing a request to Tonia
Fleetwood (tonia.fleetwood@usdoj.gov),
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17:57 Nov 26, 2010
Jkt 223001
fax no. (202) 514–0097, phone
confirmation number (202) 514–1547. In
requesting a copy from the Consent
Decree Library, please enclose a check
in the amount of $53.25 (213 pages,
exclusive of signature pages and
attachments; 25 cents per page
reproduction cost) or $123.75 (495
pages, including signatures and
attachments) payable to the U.S.
Treasury or, if by e-mail or fax, forward
a check in that amount to the Consent
Decree Library at the stated address.
Maureen M. Katz,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. 2010–30027 Filed 11–26–10; 8:45 am]
BILLING CODE 4410–CW–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–70,599]
Innovion Corporation, Gresham, OR;
Notice of Negative Determination on
Reconsideration
On March 31, 2010, the Department of
Labor issued an Affirmative
Determination Regarding Application
for Reconsideration for the workers and
former workers of Innovion Corporation,
Gresham, Oregon (subject firm). The
notice was published in the Federal
Register on April 19, 2010 (75 FR
20382). The workers supply ion
implantation services for firms in the
semiconductor industry.
The initial investigation resulted in a
negative determination based on the
finding that there was no shift to/
acquisition from a foreign country by
the workers’ firm of services like or
directly competitive with the ion
implantation services supplied by the
subject firm and no increased import by
either the subject firm or its major
declining customers of services like or
directly competitive with the ion
implantation services supplied by the
subject firm [Section 222(a)]. Further,
the workers are not eligible to apply for
Trade Adjustment Assistance (TAA) as
adversely affected secondary workers
[Section 222(c)] or workers of a firm
identified by the International Trade
Commission as a member of a domestic
industry injured under a provision of
the Tariff Act of 1930 [Section 222(f)].
The initial investigation concluded
that worker separations were
attributable to a customer’s decision to
perform ion implantation services inhouse instead of using the subject firm.
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Sfmt 4703
73131
During the reconsideration
investigation, the Department sought
clarification from the subject firm’s
headquarters and conducted an
expanded customer survey of the
subject firm’s major declining
customers, including those identified in
the request for reconsideration.
Information provided during the
reconsideration investigation confirmed
no shift to/acquisition from another
country by the subject firm in the
supply of ion implantation services, and
no increased imports of ion
implantation services, or like or directly
competitive services, by the subject firm
during the relevant period.
The customer survey conducted
during the reconsideration investigation
showed that, during the relevant time
period, the three largest declining
customers of the subject firm did not
import services like or directly
competitive with the ion implantation
services provided by the subject
workers.
Together, the surveyed customers
accounted for 92 percent of subject firm
sales in 2007, 89 percent of subject firm
sales in 2008, and 84 percent of subject
firm sales during the first four months
of 2009. Those customers also
accounted for 109 percent of the sales
decline of the subject firm from 2007 to
2008 and 97 percent of the subject firm’s
sales decline during the first four
months of 2009 as compared with the
same period of 2009.
The assertion that the subject firm
should be certified as a result of the
certification of customer LSI Logic
(TA–W–55,958; certified on November
3, 2003) was not investigated on
reconsideration because a shift to a
foreign country by a customer cannot be
a basis of certification absent under
Section 222(a), which requires that there
has been a shift to a foreign country by
the subject firm. Further, the
certification of the Chandler, Arizona
facility (TA–W–71,648) cannot be the
basis of certification of workers of the
Gresham, Oregon facility as adversely
affected secondary workers because the
certification of the Chandler, Arizona
facility was based on the satisfaction of
Section 222(c) and Section 222(c)
requires that the primary firm be
certified under Section 222(a).
Conclusion
After reconsideration, I affirm the
original notice of negative
determination of eligibility to apply for
worker adjustment assistance for
workers and former workers of Innovion
Corporation, Gresham, Oregon.
E:\FR\FM\29NON1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 228 (Monday, November 29, 2010)]
[Notices]
[Pages 73130-73131]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30027]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree and Environmental Settlement
under the Comprehensive Environmental Response, Compensation and
Liability Act, and the Resource Conservation and Recovery Act
Notice is hereby given that on November 23, 2010, a proposed
Consent Decree and Environmental Settlement Agreement (``Settlement
Agreement'') in the matter of In re: Tronox Incorporated, et al., Case
No.09-10156 (ALG) (Jointly Administered), was lodged with the United
States Bankruptcy Court for the Southern District of New York.
The parties to the proposed Settlement Agreement are Tronox
Incorporated, and fourteen of its affiliates (collectively, ``Tronox''
or ``Debtors''), the United States, the Navajo Nation, twenty-two
states, and several municipalities (collectively, the ``Governmental
Environmental Claimants''). The proposed Settlement Agreement creates
five environmental response trusts and provides for Tronox to pay $270
million and certain other consideration to the environmental response
trusts and Governmental Environmental Claimants. Additionally, Tronox
is to assign its rights in a pending fraudulent conveyance lawsuit
against its former parent, Kerr-McGee Corporation, and Anadarko
Petroleum Corporation, which purchased Kerr-McGee, to a litigation
trust that will pay 88% of its net recoveries to the environmental
response trusts and Governmental Environmental Claimaints. The
fraudulent conveyance lawsuit alleges that Kerr-McGee and Anadarko
defrauded Tronox and its creditors, including the United States, by
imposing on Tronox all of Kerr-McGee's environmental liabilities
without sufficient means to satisfy those liabilities.
The Settlement Agreement resolves certain environmental liabilities
of the Debtors to the Governmental Environmental Claimants at more than
2000 sites and indicates the amount of cash and percentage of net
recoveries from the fraudulent conveyance action that will be provided
by site. Among the sites included in the settlement are:
The Mobile Pigment Complex, Mobile, AL
The former Petroleum Terminal Site, Birmingham, AL
The Jacksonville AgChem Site, Jacksonville, FL
The former titanium dioxide Plant, Savannah, GA
The Rare Earths Facility, W. Chicago, IL
The Kress Creek and Residential Areas Sites, W. Chicago, IL
The Lindsay Light Thorium Sites, Chicago, IL
The former wood treating facility, Madison, IL
The Soda Springs Vanadium Plant, Soda Springs, ID
The former wood treating facility, Columbus, MS
The former wood treating facility, Hattiesburg, MS
The Navassa wood treating Site, Wilmington, NC
The Henderson Facility, Henderson, NV
The former wood treating facility, Bossier City, LA
The Calhoun Gas Plant Site, Calhoun, LA
The Fireworks Site, Hanover, MA
The former nuclear fuels facility, Cimarron, OK
The Cleveland Refinery Site, Cleveland, OK
[[Page 73131]]
The Cushing Refinery Sites, Cushing, OK
The Corpus Christi Petrol Terminal Site, CC, TX
The former wood treating facility, Texarkana, TX
The former wood treating facility, Kansas City, MO
The former wood treating facility, Springfield, MO
The former wood treating facility, Rome, NY
The former wood treating facility, Avoca, PA
The Riley Pass Mine Site, Harding County, SD
The former wood treating facility, Indianapolis, IN more than 50 former
uranium mines and mills, including Shiprock, Churchrock, and Ambrosia
Lake on and in the vicinity of Navajo Nation, NM, AZ
The White King/Lucky Lass mine site, Lakeview, OR
The Toledo Tie Site, Toledo, OH
The Welsbach Gas and Mantle Site, Camden, NJ
The former Federal Creosote facility, Manville, NJ
The former Moss American Site, Milwaukee, WI more than 1800 current and
former service stations in twenty-four states
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the Consent
Decree and Settlement Agreement. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O.
Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and
should refer to In re Tronox, Incorporated et al., D.J. Ref. 90-11-3-
09688. Commenters may request an opportunity for a public meeting in
the affected area, in accordance with section 7003(d) of RCRA,42 U.S.C.
6973(d).
The Consent Decree and Settlement Agreement may be examined at the
Office of the United States Attorney, 86 Chambers Street--3rd Floor,
New York, New York 10007. During the public comment period, the Consent
Decree and Settlement Agreement may also be examined on the following
Department of Justice Web site: https://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Consent Decree and Settlement Agreement may
also be obtained by mail from the Consent Decree Library, P.O. Box
7611, U.S. Department of Justice, Washington, DC 20044-7611 or by
faxing or e-mailing a request to Tonia Fleetwood
(tonia.fleetwood@usdoj.gov), fax no. (202) 514-0097, phone confirmation
number (202) 514-1547. In requesting a copy from the Consent Decree
Library, please enclose a check in the amount of $53.25 (213 pages,
exclusive of signature pages and attachments; 25 cents per page
reproduction cost) or $123.75 (495 pages, including signatures and
attachments) payable to the U.S. Treasury or, if by e-mail or fax,
forward a check in that amount to the Consent Decree Library at the
stated address.
Maureen M. Katz,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2010-30027 Filed 11-26-10; 8:45 am]
BILLING CODE 4410-CW-P
