Notice of Lodging of Proposed Settlement Under the Clean Air Act, the Clean Water Act, and the Resource Conservation and Recovery Act, 30935-30936 [2013-12270]
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sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 100 / Thursday, May 23, 2013 / Notices
Act of 1930 (19 U.S.C. § 1337) in the
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
certain consumer electronics with
display and processing capabilities. The
complaint names as respondents
Panasonic Corporation of Japan;
Panasonic Corporation of North
America of Secaucus, NJ; Toshiba
Corporation of Japan; Toshiba America,
Inc. of New York, NY; Toshiba America
Information Systems, Inc. of Irvine, CA;
Vizio, Inc. of Irvine, CA; AmTran
Logistics, Inc. of Irvine, CA; AmTran
Technology Co., Ltd. of Taiwan; ZTE
Corporation of China; ZTE (USA) Inc. of
Iselin, NJ; and ZTE Solutions Inc. of
Richardson, TX.
Proposed respondents, other
interested parties, and members of the
public are invited to file comments, not
to exceed five (5) pages in length,
inclusive of attachments, on any public
interest issues raised by the complaint
or section 210.8(b) filing. Comments
should address whether issuance of the
relief specifically requested by the
complainant in this investigation would
affect the public health and welfare in
the United States, competitive
conditions in the United States
economy, the production of like or
directly competitive articles in the
United States, or United States
consumers.
In particular, the Commission is
interested in comments that:
(i) Explain how the articles
potentially subject to the requested
remedial orders are used in the United
States;
(ii) identify any public health, safety,
or welfare concerns in the United States
relating to the requested remedial
orders;
(iii) identify like or directly
competitive articles that complainant,
its licensees, or third parties make in the
United States which could replace the
subject articles if they were to be
excluded;
(iv) indicate whether complainant,
complainant’s licensees, and/or third
party suppliers have the capacity to
replace the volume of articles
potentially subject to the requested
exclusion order and/or a cease and
desist order within a commercially
reasonable time; and
(v) explain how the requested
remedial orders would impact United
States consumers.
Written submissions must be filed no
later than by close of business, eight
calendar days after the date of
publication of this notice in the Federal
Register. There will be further
opportunities for comment on the
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18:14 May 22, 2013
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public interest after the issuance of any
final initial determination in this
investigation.
Persons filing written submissions
must file the original document
electronically on or before the deadlines
stated above and submit 8 true paper
copies to the Office of the Secretary by
noon the next day pursuant to section
210.4(f) of the Commission’s Rules of
Practice and Procedure (19 CFR
210.4(f)). Submissions should refer to
the docket number (‘‘Docket No. 2956’’)
in a prominent place on the cover page
and/or the first page. (See Handbook for
Electronic Filing Procedures, Electronic
Filing Procedures 4). Persons with
questions regarding filing should
contact the Secretary (202–205–2000).
Any person desiring to submit a
document to the Commission in
confidence must request confidential
treatment. All such requests should be
directed to the Secretary to the
Commission and must include a full
statement of the reasons why the
Commission should grant such
treatment. See 19 CFR 201.6. Documents
for which confidential treatment by the
Commission is properly sought will be
treated accordingly. All nonconfidential
written submissions will be available for
public inspection at the Office of the
Secretary and on EDIS.5
This action is taken under the
authority of section 337 of the Tariff Act
of 1930, as amended (19 U.S.C. § 1337),
and of sections 201.10 and 210.8(c) of
the Commission’s Rules of Practice and
Procedure (19 CFR 201.10 and 210.8(c)).
Issued: May 17, 2013.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013–12249 Filed 5–22–13; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Settlement Under the Clean Air Act, the
Clean Water Act, and the Resource
Conservation and Recovery Act
On May 16, 2013, a proposed
Stipulation Between Debtors and the
United States Environmental Protection
Agency (‘‘Stipulation’’) was lodged with
the United States Bankruptcy Court for
the District of Delaware in the Chapter
11 Proceeding entitled In re WP Steel
Venture, et al., Case No. 12–11661.
4 Handbook for Electronic Filing Procedures:
https://www.usitc.gov/secretary/fed_reg_notices/
rules/handbook_on_electronic_filing.pdf.
5 Electronic Document Information System
(EDIS): https://edis.usitc.gov.
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30935
The Stipulation resolves EPA’s Proofs
of Claim for civil penalties for alleged
violations of the Clean Air Act, the
Clean Water Act and the Resource
Conservation and Recovery Act
regarding three debtors in the jointly
administered bankruptcy proceedings:
RG Steel Sparrows Point, LLC; RG Steel
Warren, LLC; and RG Steel Wheeling,
LLC. Specifically, the Stipulation
provides that EPA will have an allowed
general unsecured claim in the amount
of $15,748,295 in connection with
EPA’s claim that RG Steel Wheeling is
liable for civil penalties for violation of
the Clean Water Act at its former
facilities in Yorkville and Martins Ferry,
Ohio, and the Clean Air Act and the
Resource Conservation and Recovery
Act at its former facilities in Mingo
Junction and Steubenville, Ohio and its
facility in Follansbee, West Virginia.
The Stipulation also provides that EPA
will have an allowed general unsecured
claim in the amount of $4,132,776 in
connection with EPA’s claim that RG
Steel Warren is liable for civil penalties
for violation of the Clean Air Act at its
former facility located in Warren, Ohio.
In addition, the Stipulation provides
that EPA will have an allowed general
unsecured claim in the amount of
$8,431 in connection with EPA’s claim
that RG Steel Sparrows Point is liable
for civil penalties for violation of a
Consent Agreement and Final Order
issued under the Clean Air Act at its
former facility located in Sparrows
Point, Maryland.
The publication of this notice opens
a period for public comment on the
proposed Stipulation. Comments should
be addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and should refer to
In re WP Steel Venture, LLC, et al., D.J.
Ref. No. 90–7–1–10607. 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:
To submit
comments:
Send them to:
By email ...
pubcommentees.enrd@usdoj.gov.
Assistant Attorney General, U.S.
DOJ—ENRD, P.O. Box 7611,
Washington, DC 20044–7611.
By mail .....
During the public comment period,
the Stipulation may be examined and
downloaded at this Justice Department
Web site: https://www.usdoj.gov/enrd/
Consent_Decrees.html. We will provide
a paper copy of the Stipulation upon
written request and payment of
reproduction costs. Please mail your
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30936
Federal Register / Vol. 78, No. 100 / Thursday, May 23, 2013 / Notices
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 $4.00 (25 cents per page
reproduction cost) payable to the United
States Treasury.
4 of 1978, 5 U.S.C. App. 1 (1996),
transferred the authority of the Secretary
of the Treasury to issue exemptions of
the type proposed to the Secretary of
Labor.
Exemption From Certain Prohibited
Transaction Restrictions
Statutory Findings
In accordance with section 408(a) of
the Act and/or section 4975(c)(2) of the
Code and the procedures set forth in 29
CFR Part 2570, Subpart B (76 FR 66637,
66644, October 27, 2011) 1 and based
upon the entire record, the Department
makes the following findings:
(a) The exemption is administratively
feasible;
(b) The exemption is in the interests
of the plan and its participants and
beneficiaries; and
(c) The exemption is protective of the
rights of the participants and
beneficiaries of the plan.
Employee Benefits Security
Administration, Labor.
ACTION: Grant of Individual Exemption.
The Mo-Kan Teamsters Apprenticeship
and Training Fund (the Fund) Located
in Kansas City, Missouri
Maureen Katz,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2013–12270 Filed 5–22–13; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF LABOR
Employee Benefits Security
Administration
AGENCY:
This document contains an
exemption issued by the Department of
Labor (the Department) from certain of
the prohibited transaction restrictions of
the Employee Retirement Income
Security Act of 1974 (ERISA or the Act)
and/or the Internal Revenue Code of
1986 (the Code). This notice includes
the following: 2013–07, The Mo-Kan
Teamsters Apprenticeship and Training
Fund (the Fund) L–11720.
SUPPLEMENTARY INFORMATION: A notice
was published in the Federal Register of
the pendency before the Department of
a proposal to grant such exemption. The
notice set forth a summary of facts and
representations contained in the
application for exemption and referred
interested persons to the application for
a complete statement of the facts and
representations. The application has
been available for public inspection at
the Department in Washington, DC. The
notice also invited interested persons to
submit comments on the requested
exemption to the Department. In
addition, the notice stated that any
interested person might submit a
written request that a public hearing be
held (where appropriate). The applicant
has represented that it has complied
with the requirements of the notification
to interested persons. No requests for a
hearing were received by the
Department. Public comments were
received by the Department as described
in the granted exemption.
The notice of proposed exemption
was issued and the exemption is being
granted solely by the Department
because, effective December 31, 1978,
section 102 of Reorganization Plan No.
sroberts on DSK5SPTVN1PROD with NOTICES
SUMMARY:
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18:14 May 22, 2013
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[Prohibited Transaction Exemption 2013–07;
Exemption Application No. L–11720]
Exemption
The restrictions of sections
406(a)(1)(A) and (D) of the Act shall not
apply to the purchase (the Purchase) by
the Fund of certain real property located
in Kansas City, Missouri (the Property)
from Jim Kidwell Construction, a party
in interest with respect to the Fund;
provided that the following conditions
are satisfied:
(a) The terms and conditions of the
Purchase are at least as favorable to the
Fund as those obtainable in an arm’s
length transaction with an unrelated
party;
(b) The Purchase is a one-time
transaction for cash;
(c) The Fund pays the lesser of
$1,500,000 or the fair market value of
the Property, as of the date of the
Purchase, as determined by a qualified,
independent appraiser (the Appraiser);
(d) The Fund’s fiduciaries (the
Trustees) review and approve the
methodology used by the Appraiser,
ensure that such methodology is
properly applied in determining the fair
market value of the Property, and
determine whether it is prudent to go
forward with the transaction; and
(e) The Fund pays only reasonable
closing costs with respect to the
Purchase that a similarly situated buyer
would customarily pay in a similar
transaction.
1 The Department has considered exemption
applications received prior to December 27, 2011
under the exemption procedures set forth in 29 CFR
part 2570, subpart B (55 FR 32836, 32847, August
10, 1990).
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Written Comments
The Department invited all interested
persons to submit written comments
with respect to the notice of proposed
exemption on or before February 10,
2013. During this comment period, the
Department received one written
comment. To ensure that all participants
had been given the opportunity to
comment, the Department decided to
extend the comment period until March
21, 2013. During the second comment
period, the Department received three
written comments from Fund
participants.
Of the four comments received by the
Department, one commenter
disapproved of the proposed transaction
because he thought it might affect his
benefits. The three comments that were
substantive were, in part, concerned
with the value of the Property. The
participants’ comments, as well as the
responses to these comments by the
Appraiser and the Trustees, are
described below.
Comments Regarding Property
Overvaluation and Purchase Not
Negotiated in Good Faith
In three comment letters, the
participants noted that the Property’s
value was overstated. One commenter
attached an online document (the
Document) that placed the fair market
value of the Property at $300,000.00, as
of January 17, 2013. The commenter
further stated that the Purchase was not
negotiated in good faith.
The Appraiser’s Response
The Appraiser reviewed the
comments relating to the value of the
Property and the Document. The
Appraiser states that he disagrees with
the participants’ assertion that the
Property is overvalued. The Appraiser
also explains that the Document only
depicts the value of a single parcel of
land rather than the twelve parcels
comprising the Property.
In addition, the Appraiser notes that
the Document was obtained from the
Jackson County, Missouri Web site,
containing the tax assessment
information. According to the
Appraiser, this information has no
relevance for the purposes of assessing
market value and is not a source of
information that the Appraiser relied on
or should rely on.
Comment Regarding Union Voting and
Fund Assets Invested in the Property
Another participant inquired about
the lack of information offered to the
union membership and why the
transaction was not subject to a union
vote. The participant also questioned
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]]>Agencies
[Federal Register Volume 78, Number 100 (Thursday, May 23, 2013)]
[Notices]
[Pages 30935-30936]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12270]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Settlement Under the Clean Air Act,
the Clean Water Act, and the Resource Conservation and Recovery Act
On May 16, 2013, a proposed Stipulation Between Debtors and the
United States Environmental Protection Agency (``Stipulation'') was
lodged with the United States Bankruptcy Court for the District of
Delaware in the Chapter 11 Proceeding entitled In re WP Steel Venture,
et al., Case No. 12-11661.
The Stipulation resolves EPA's Proofs of Claim for civil penalties
for alleged violations of the Clean Air Act, the Clean Water Act and
the Resource Conservation and Recovery Act regarding three debtors in
the jointly administered bankruptcy proceedings: RG Steel Sparrows
Point, LLC; RG Steel Warren, LLC; and RG Steel Wheeling, LLC.
Specifically, the Stipulation provides that EPA will have an allowed
general unsecured claim in the amount of $15,748,295 in connection with
EPA's claim that RG Steel Wheeling is liable for civil penalties for
violation of the Clean Water Act at its former facilities in Yorkville
and Martins Ferry, Ohio, and the Clean Air Act and the Resource
Conservation and Recovery Act at its former facilities in Mingo
Junction and Steubenville, Ohio and its facility in Follansbee, West
Virginia. The Stipulation also provides that EPA will have an allowed
general unsecured claim in the amount of $4,132,776 in connection with
EPA's claim that RG Steel Warren is liable for civil penalties for
violation of the Clean Air Act at its former facility located in
Warren, Ohio. In addition, the Stipulation provides that EPA will have
an allowed general unsecured claim in the amount of $8,431 in
connection with EPA's claim that RG Steel Sparrows Point is liable for
civil penalties for violation of a Consent Agreement and Final Order
issued under the Clean Air Act at its former facility located in
Sparrows Point, Maryland.
The publication of this notice opens a period for public comment on
the proposed Stipulation. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
should refer to In re WP Steel Venture, LLC, et al., D.J. Ref. No. 90-
7-1-10607. 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:
------------------------------------------------------------------------
To submit comments: Send them to:
------------------------------------------------------------------------
By email.......................... pubcomment-ees.enrd@usdoj.gov.
By mail........................... Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
------------------------------------------------------------------------
During the public comment period, the Stipulation may be examined
and downloaded at this Justice Department Web site: https://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy
of the Stipulation upon written request and payment of reproduction
costs. Please mail your
[[Page 30936]]
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 $4.00 (25 cents per page
reproduction cost) payable to the United States Treasury.
Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2013-12270 Filed 5-22-13; 8:45 am]
BILLING CODE 4410-15-P
