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]

Download as PDF 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 VerDate Mar<15>2010 18:14 May 22, 2013 Jkt 229001 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: http://www.usitc.gov/secretary/fed_reg_notices/ rules/handbook_on_electronic_filing.pdf. 5 Electronic Document Information System (EDIS): http://edis.usitc.gov. PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 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: http://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 E:\FR\FM\23MYN1.SGM 23MYN1 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: VerDate Mar<15>2010 18:14 May 22, 2013 Jkt 229001 [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). PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 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 E:\FR\FM\23MYN1.SGM 23MYN1

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]


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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:

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        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: http://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