Notice of Lodging of Proposed Consent Decree and Settlement Agreement Under the Comprehensive Environmental Response, Compensation, and Liability Act and Federal Water Pollution Control Act, 50717-50718 [2012-20647]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Notices Tariff Act of 1930 (19 U.S.C. 1337) by reason of (1) infringement of the claim of U.S. Patent No. D535,850; (2) infringement of U.S. Trademark Registration No. 2,518,010 and common law trademarks; (3) unfair competition by passing off; (4) trademark dilution; and (5) trade dress infringement. 77 FR 23751 (Apr. 20, 2012). The Commission’s Notice of Investigation named Anaheim Manufacturing Co. (‘‘Anaheim’’), of Brea, California, as the only respondent. The Office of Unfair Import Investigations (‘‘OUII’’) was also named as a party. On June 7, 2012, Emerson filed a corrected motion to amend the complaint and NOI to add Mega as a respondent. Then on June 28, 2012, Emerson filed a second motion to amend the complaint and NOI to add Zhongda as a respondent. Respondent Anaheim did not oppose the motions. On June 15, 2012 and July 10, 2012, the OUII investigative staff attorney (‘‘IA’’) filed responses in support of the motions to amend. On July 17, 2012, the ALJ issued an ID granting Emerson’s motions to amend the complaint and NOI to add Mega and Zhongda as respondents. The ALJ found that Emerson made a showing of good cause for the amendments based on new evidence obtained during the course of the investigation. In particular, the ALJ noted that Emerson first learned that Mega was involved in the production and manufacturing of the accused products in interrogatory responses. In addition, the ALJ noted that Emerson first learned that Zhongda was involved in the distribution, transportation, and importation of the accused products during discovery. The ALJ further found that neither the public interest nor any party would be prejudiced by the amendments. Anaheim filed a petition for review on July 25, 2012, and the IA and Emerson filed replies on August 1, 2012. We note that Anaheim’s petition is not proper under the Commission’s Rules. 19 CFR 210.43(a)(2). The Commission finds no reason to overturn the ALJ’s findings, and accordingly, has determined not to review the subject ID. 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 210.43–45 of the Commission’s Rules of Practice and Procedure (19 CFR 210.43–45). By order of the Commission. VerDate Mar<15>2010 16:53 Aug 21, 2012 Jkt 226001 Issued: August 16, 2012. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2012–20601 Filed 8–21–12; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree and Settlement Agreement Under the Comprehensive Environmental Response, Compensation, and Liability Act and Federal Water Pollution Control Act Notice is hereby given that on August 13, 2012, a proposed Consent Decree and Settlement Agreement (‘‘Proposed Consent Decree’’) in In re: Eaglepicher Holdings, Inc., et al., Civil Action No. 05–12601 was lodged with the United States Bankruptcy Court for the Southern District of Ohio. In this action, the United States sought natural resource damages under Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9607(a), and Section 311(f) of the Federal Water Pollution Control Act (‘‘Clean Water Act’’), 33 U.S.C. 1321(f), related to the release or threat of release of hazardous substances from EaglePicher Technology, LLC’s (‘‘EPT’’) former facility in Joplin, Missouri. The United States also sought response costs and natural resource damages under CERCLA from EaglePicher Incorporated (‘‘EPI’’) related to the release or threat of release of hazardous substances from the Eagle Zinc Superfund Site in Hillsboro, Illinois, the Delta, Ohio residential fill sites, the Wentworth Subdistrict of the Newton County Mine Tailings Superfund Site in Newton County, Missouri, the Phoenix Park Millsite in Creede, Colorado, and the Creta Copper Operations Site in Jackson County, Oklahoma. The proposed Consent Decree entered into by the United States, the State of Missouri, and EP Management Corporation resolves the United States’ and State of Missouri’s claims against EPT for natural resource damages under CERCLA and the Clean Water Act at the former EPT manufacturing facility in Joplin, Missouri. The proposed Consent Decree also resolves the United States’ claims against EaglePicher Incorporated (EPI) under CERCLA, for: (1) EPA response costs at the Eagle Zinc Superfund Site in Hillsboro, Illinois; (2) EPA response costs at three residential fill sites located in Delta Ohio; (3) EPA response costs at the Wentworth Subdistrict of the Newton County Mine PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 50717 Tailings, Superfund Site in Newton County, Missouri; (4) DOI Natural Resource Damages at the Newton County Mine Tailings Superfund Site; (5) USDA Forest Service Response Costs at the Phoenix Park Millsite in Creede, Colorado; (6) Natural Resource Damages at the Creta Copper Operation Site in Jackson County, OK. The proposed Consent Decree provides for a payment by EPMC of $822,600 to resolve the United States’ and States of Missouri’s natural resource damage claims against EPT, of which $255,955 will be paid to the United States, $658,000 will be placed in an escrow account for the restoration, replacement, or acquisition of the equivalent of the injured natural resources at the former EPT facility in Joplin, Missouri, and $8,645 will be paid to the State of Missouri. The proposed Consent Decree also obligates EPMC to pay an additional $100,000 to resolve the United States’ claims for response costs and natural resource damages against EPI. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Proposed Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either emailed 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: EaglePicher Holdings, Inc., et al., D.J. Ref. 90–11–3–747/2. During the public comment period, the Proposed Consent Decree, may also be examined on the following Department of Justice Web site, to https://www.usdoj.gov/enrd/Consent_ Decrees.html. A copy of the Proposed Consent Decree 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 emailing a request to ‘‘Consent Decree Copy’’ (EESCDCopy. ENRD@usdoj.gov), fax no. (202) 514– 0097, phone confirmation number (202) 514–5271. If requesting a copy from the Consent Decree Library by mail, please enclose a check in the amount of $9.75 (25 cents per page reproduction cost) payable to the U.S. Treasury or, if requesting by email or fax, forward a check in that amount to the Consent E:\FR\FM\22AUN1.SGM 22AUN1 50718 Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Notices Decree Library at the address given above. Maureen Katz, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2012–20647 Filed 8–21–12; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Office of Justice Programs [OMB Number 1121–0115] Agency Information Collection Activities: Proposed Collection; Comments Requested: Extension of a Currently Approved Collection; Victims of Crime Act, Crime Victim Assistance Grant Program State Performance Report 30-Day Notice of Information Collection Under Review. mstockstill on DSK4VPTVN1PROD with NOTICES ACTION: The Department of Justice (DOJ), Office of Justice Programs (OJP), Office for Victims of Crime (OVC) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register Volume 77, Number 116, page 36009 on June 15, 2012, allowing for a 60 day comment period. The purpose of this notice is to allow for an additional 30 days for public comment until September 21, 2012. This process is conducted in accordance with 5 CFR 1320.10. Written comments and/or suggestions regarding the items contained in this notice, especially the estimated public burden and associated response time, should be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503. Additionally, comments may be submitted to OMB via facsimile to 202 395–7285. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —Evaluate whether the proposed collection of information is necessary for the proper performance of the VerDate Mar<15>2010 16:53 Aug 21, 2012 Jkt 226001 functions of the agency, including whether the information will have practical utility; —Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Enhance the quality, utility, and clarity of the information to be collected; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection (1) Type of Information Collection: Extension of a currently approved collection. (2) Title of the Form/Collection: Victims of Crime Act, Crime Victim Assistance Grant Program, State Performance Report. (3) Agency form number, if any, and the applicable component of the Department sponsoring the collection: The form number is 1121–0115. Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice is sponsoring the collection. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Primary: State government. Other: None. The VOCA, Crime Victim Assistance Grant Program, State Performance Report is a required annual submission by state grantees to report to the Office for Victims of Crime (OVC) on the uses and effects VOCA victim assistance grant funds have had on services to crime victims in the State, to certify compliance with the eligibility requirement of VOCA, and to provide a summary of supported activities carried out within the State during the grant period. This information will be aggregated and serve as supporting documentation for the Director’s biennial report to the President and to the Congress on the effectiveness of the activities supported by these grants. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: The information to compile these reports will be drawn from victim assistance program data to the 56 respondents (grantees). The number of victim assistance programs varies widely from state to state. A state could be responsible for compiling subgrant data for as many as 436 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 programs (California) to as few as 12 programs (District of Columbia). Therefore, the estimated clerical hours can range from 1 to 70 hours. (6) An estimate of the total public burden (in hours) associated with the collection: The current estimated burden is 1,176 (20) hours per respondent (estimate median) + 1 hour per respondent for recordkeeping × 56 respondents = 1,176). There is a decrease in the annual recordkeeping and reporting burden. This decrease is a result of a change in the number of respondents reporting. If additional information is required contact: Jerri Murray, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., Room 2E–508, Washington, DC 20530. Dated: August 14, 2012. Jerri Murray, Department Clearance Officer, PRA, U.S. Department of Justice. [FR Doc. 2012–20562 Filed 8–21–12; 8:45 am] BILLING CODE 4410–18–P DEPARTMENT OF JUSTICE Office of Justice Programs [OMB Number 1121–0021] Agency Information Collection Activities: Proposed Collection; Comments Requested: Accounting System and Financial Capability Questionnaire 30-Day Notice of Information Collection Under Review. ACTION: The Department of Justice (DOJ), Office of Justice Programs, Office of the Chief Financial Officer, will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register Volume 77, Number 117, page 36294, on June 18, 2012, allowing for a 60 day comment period. The purpose of this notice is to allow for an additional 30 days for public comment until September 21, 2012. This process is conducted in accordance with 5 CFR 1320.10. If you have comments especially on the estimated public burden or associated response time, suggestions, E:\FR\FM\22AUN1.SGM 22AUN1

Agencies

Department of Justice

[Federal Register Volume 77, Number 163 (Wednesday, August 22, 2012)]
[Notices]
[Pages 50717-50718]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20647]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree and Settlement 
Agreement Under the Comprehensive Environmental Response, Compensation, 
and Liability Act and Federal Water Pollution Control Act

    Notice is hereby given that on August 13, 2012, a proposed Consent 
Decree and Settlement Agreement (``Proposed Consent Decree'') in In re: 
Eaglepicher Holdings, Inc., et al., Civil Action No. 05-12601 was 
lodged with the United States Bankruptcy Court for the Southern 
District of Ohio.
    In this action, the United States sought natural resource damages 
under Section 107(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA), 42 U.S.C. 9607(a), and 
Section 311(f) of the Federal Water Pollution Control Act (``Clean 
Water Act''), 33 U.S.C. 1321(f), related to the release or threat of 
release of hazardous substances from EaglePicher Technology, LLC's 
(``EPT'') former facility in Joplin, Missouri. The United States also 
sought response costs and natural resource damages under CERCLA from 
EaglePicher Incorporated (``EPI'') related to the release or threat of 
release of hazardous substances from the Eagle Zinc Superfund Site in 
Hillsboro, Illinois, the Delta, Ohio residential fill sites, the 
Wentworth Subdistrict of the Newton County Mine Tailings Superfund Site 
in Newton County, Missouri, the Phoenix Park Millsite in Creede, 
Colorado, and the Creta Copper Operations Site in Jackson County, 
Oklahoma.
    The proposed Consent Decree entered into by the United States, the 
State of Missouri, and EP Management Corporation resolves the United 
States' and State of Missouri's claims against EPT for natural resource 
damages under CERCLA and the Clean Water Act at the former EPT 
manufacturing facility in Joplin, Missouri. The proposed Consent Decree 
also resolves the United States' claims against EaglePicher 
Incorporated (EPI) under CERCLA, for: (1) EPA response costs at the 
Eagle Zinc Superfund Site in Hillsboro, Illinois; (2) EPA response 
costs at three residential fill sites located in Delta Ohio; (3) EPA 
response costs at the Wentworth Subdistrict of the Newton County Mine 
Tailings, Superfund Site in Newton County, Missouri; (4) DOI Natural 
Resource Damages at the Newton County Mine Tailings Superfund Site; (5) 
USDA Forest Service Response Costs at the Phoenix Park Millsite in 
Creede, Colorado; (6) Natural Resource Damages at the Creta Copper 
Operation Site in Jackson County, OK. The proposed Consent Decree 
provides for a payment by EPMC of $822,600 to resolve the United 
States' and States of Missouri's natural resource damage claims against 
EPT, of which $255,955 will be paid to the United States, $658,000 will 
be placed in an escrow account for the restoration, replacement, or 
acquisition of the equivalent of the injured natural resources at the 
former EPT facility in Joplin, Missouri, and $8,645 will be paid to the 
State of Missouri. The proposed Consent Decree also obligates EPMC to 
pay an additional $100,000 to resolve the United States' claims for 
response costs and natural resource damages against EPI.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
Proposed Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
either emailed 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: EaglePicher Holdings, Inc., et al., D.J. Ref. 90-11-3-
747/2.
    During the public comment period, the Proposed Consent Decree, may 
also be examined on the following Department of Justice Web site, to 
https://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Proposed 
Consent Decree 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 emailing a request to ``Consent Decree 
Copy'' (EESCDCopy.ENRD@usdoj.gov), fax no. (202) 514-0097, phone 
confirmation number (202) 514-5271. If requesting a copy from the 
Consent Decree Library by mail, please enclose a check in the amount of 
$9.75 (25 cents per page reproduction cost) payable to the U.S. 
Treasury or, if requesting by email or fax, forward a check in that 
amount to the Consent

[[Page 50718]]

Decree Library at the address given above.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2012-20647 Filed 8-21-12; 8:45 am]
BILLING CODE 4410-15-P

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