Notice of Lodging of Proposed Settlement Agreement Under the Comprehensive Environmental Response, Compensation, and Liability Act and Chapter 11 of the United States Bankruptcy Code, 18482-18483 [2017-07905]

Download as PDF 18482 Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Notices jstallworth on DSK7TPTVN1PROD with NOTICES I. The Monitoring Trustee shall serve until the divestiture of all the Divestiture Assets is finalized pursuant to either Section IV or Section V of this Final Judgment and the transition services and co-packing agreements with Danone contemplated by Paragraphs IV(G), (H), and (I) have expired or been terminated. J. If the United States determines that the Monitoring Trustee has ceased to act or failed to act diligently or in a reasonably cost-effective manner, it may recommend the Court appoint a substitute Monitoring Trustee. XI. COMPLIANCE INSPECTION A. For the purposes of determining or securing compliance with this Final Judgment, or of any related orders such as the Hold Separate Stipulation and Order, or of determining whether the Final Judgment should be modified or vacated, and subject to any legally recognized privilege, from time to time authorized representatives of the United States Department of Justice, including consultants and other persons retained by the United States, shall, upon written request of an authorized representative of the Assistant Attorney General in charge of the Antitrust Division, and on reasonable notice to defendants, be permitted: 1. access during defendants’ office hours to inspect and copy, or at the option of the United States, to require defendants to provide hard copy or electronic copies of, all books, ledgers, accounts, records, data, and documents in the possession, custody, or control of defendants, relating to any matters contained in this Final Judgment; and 2. to interview, either informally or on the record, defendants’ officers, employees, or agents, who may have their individual counsel present, regarding such matters. The interviews shall be subject to the reasonable convenience of the interviewee and without restraint or interference by defendants. B. Upon the written request of an authorized representative of the Assistant Attorney General in charge of the Antitrust Division, defendants shall submit written reports or response to written interrogatories, under oath if requested, relating to any of the matters contained in this Final Judgment as may be requested. C. No information or documents obtained by the means provided in this section shall be divulged by the United States to any person other than an authorized representative of the executive branch of the United States, except in the course of legal proceedings to which the United States is a party VerDate Sep<11>2014 15:06 Apr 18, 2017 Jkt 241001 (including grand jury proceedings), or for the purpose of securing compliance with this Final Judgment, or as otherwise required by law. D. If at the time information or documents are furnished by defendants to the United States, defendants represent and identify in writing the material in any such information or documents to which a claim of protection may be asserted under Rule 26(c)(1)(g) of the Federal Rules of Civil Procedure, and defendants mark each pertinent page of such material, ‘‘Subject to claim of protection under Rule 26(c)(1)(g) of the Federal Rules of Civil Procedure,’’ then the United States shall give defendants ten (10) calendar days’ notice prior to divulging such material in any legal proceeding (other than a grand jury proceeding). DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Settlement Agreement Under the Comprehensive Environmental Response, Compensation, and Liability Act and Chapter 11 of the United States Bankruptcy Code On April 13, 2017, the Department of Justice lodged a proposed Settlement Agreement with the United States Bankruptcy Court for the District of Maine in In re: Lincoln Paper and Tissue, LLC, No. 15–10715 PGC. The agreement was entered into by the United States, on behalf of the United States Environmental Protection Agency (‘‘EPA’’), the debtor Lincoln Paper and Tissue, LLC (‘‘Debtor’’), and the Maine Department of Environmental Protection (‘‘MDEP’’). The agreement relates to liabilities of XII. NO REACQUISITION the Debtor under the Comprehensive Defendants may not reacquire any part of the Divestiture Assets during the Environmental Response, Compensation, and Liability Act of term of this Final Judgment. 1980, 42 U.S.C. 9601 et seq. XIII. RETENTION OF JURISDICTION (‘‘CERCLA’’), in connection with the 275-acre paper mill owned by the This Court retains jurisdiction to Debtor in Lincoln, Maine (‘‘Facility’’). enable any party to this Final Judgment Pursuant to the agreement’s terms, the to apply to this Court at any time for Debtor has agreed to implement certain further orders and directions as may be removal actions at the Facility, necessary or appropriate to carry out or construe this Final Judgment, to modify including the removal of drums and containers of hazardous substances and any of its provisions, to enforce compliance, and to punish violations of hazardous wastes, the removal of radioactive signs, and the removal of its provisions. friable asbestos. The Debtor has also XIV. EXPIRATION OF FINAL agreed to pay EPA the difference JUDGMENT between the cost of these removal Unless this Court grants an extension, actions (expected to be about $250,000) this Final Judgment shall expire ten (10) and $400,000. The Debtor has also years from the date of its entry. agreed that if the estate’s net recoveries in the bankruptcy proceeding (other XV. PUBLIC INTEREST than insurance recoveries related to DETERMINATION environmental claims) exceed $500,000, Entry of this Final Judgment is in the the Debtor will pay EPA 25% of the public interest. The parties have excess, with an overall cap of $225,000. complied with the requirements of the With respect to insurance proceeds for Antitrust Procedures and Penalties Act, environmental claims, the Debtor has 15 U.S.C. § 16, including making copies agreed to pay EPA 50% of any net available to the public of this Final proceeds over $400,000, with no cap on Judgment, the Competitive Impact the amount. MDEP has agreed that an Statement, and any comments thereon escrow account of $50,000, which was and the United States’ responses to set aside by the Debtor earlier in the comments. Based upon the record bankruptcy case for the benefit of any before the Court, which includes the remediation sought by MDEP at the Competitive Impact Statement and any Facility, will be paid to EPA to help comments and response to comments defray EPA’s removal costs at the filed with the Court, entry of this Final Facility. MDEP has signed the Judgment is in the public interest. Settlement Agreement due to this aspect Date: of the settlement. The Debtor has also Court approval subject to procedures of agreed that EPA will have an allowed Antitrust Procedures and Penalties Act, general unsecured claim in the amount 15 U.S.C. § 16 of the removal costs that will be llllllllllllllllll l incurred by EPA at the Facility, minus United States District Judge certain cash payments to be made by the [FR Doc. 2017–07924 Filed 4–18–17; 8:45 am] Debtor to EPA, with a cap of $1.5 million. BILLING CODE P PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Notices The United States, on behalf of EPA, has provided the Debtor with a covenant not to sue, under Sections 106 and 107 of CERCLA, with respect to the Facility, as well as a property located adjacent to the Facility (the ‘‘Excluded Area’’), as well as those areas of the Penobscot River where hazardous substances from the Facility or the Excluded Area have come to be located. The covenant also applies to the Debtor’s successors and assigns, former and current officers, directors, employees, and trustees, but only to the extent that the alleged liability of the successor or assign, officer, director, employee, or trustee is based solely on his, her or its status and on his, her or its capacity as a successor or assign, officer, director, employee or trustee of the Debtor. The publication of this notice opens a period for public comment on the Agreement. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to In re: Lincoln Paper and Tissue, LLC, No. 15–10715 PGC, D.J. Ref. No. 90–11– 3–11537. 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. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. jstallworth on DSK7TPTVN1PROD with NOTICES By mail ......... During the public comment period, the Agreement may be examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/ consent-decrees. We will provide a paper copy of the agreement 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 $19.75 (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. 2017–07905 Filed 4–18–17; 8:45 am] BILLING CODE 4410–15–P VerDate Sep<11>2014 15:06 Apr 18, 2017 Jkt 241001 DEPARTMENT OF JUSTICE [OMB Number 1117–0043] Agency Information Collection Activities; Proposed eCollection; eComments Requested; Extension With or Without Change, of a Previously Approved Collection: Drug Questionnaire (DEA–341) Drug Enforcement Administration, Department of Justice. ACTION: 30-day notice. AGENCY: Department of Justice (DOJ), Drug Enforcement Administration 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. This proposed information collection was previously published in the Federal Register at 82 FR 15370, on March 28, 2017, allowing for a 60 day comment period. SUMMARY: Comments are encouraged and will be accepted for an additional 30 days until May 19, 2017. FOR FURTHER INFORMATION CONTACT: 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 Diane E. Filler, Assistant Administrator, Drug Enforcement Administration, Human Resources Division, 8701 Morrissette Drive, Springfield, VA 22152. Written comments and/or suggestions can also be sent to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503 or sent to OIRA_ submissions@omb.eop.gov. SUPPLEMENTARY INFORMATION: 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 functions of the agency, including whether the information will have practical utility; —Evaluate the accuracy of the agency’s 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 DATES: PO 00000 Frm 00068 Fmt 4703 Sfmt 9990 18483 —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: Drug Questionnaire. (3) Agency form number, if any and the applicable component of the Department sponsoring the collection: The form number is DEA–341. The sponsoring component is the Drug Enforcement Administration. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individuals. Other: None. DEA is requesting an extension of a currently approved collection. This collection requires the drug history of any individual seeking employment with DEA. DEA policy states that a past history of illegal drug use may result in ineligibility for employment. The form asks job applicants specific questions about their personal history, if any, of illegal drug use. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that 15,000 respondents will complete each form in approximately 5 minutes. (6) An estimate of the total public burden (in hours) associated with the collection: There are an estimated 1,250 total annual burden hours associated with this collection. If additional information is required contact: Melody Braswell, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., Suite 3E.405A, Washington, DC 20530. Dated: April 13, 2017. Melody Braswell, Department Clearance Officer, PRA, U.S. Department of Justice. [FR Doc. 2017–07839 Filed 4–18–17; 8:45 am] BILLING CODE 4410–09–P E:\FR\FM\19APN1.SGM 19APN1

Agencies

[Federal Register Volume 82, Number 74 (Wednesday, April 19, 2017)]
[Notices]
[Pages 18482-18483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07905]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Settlement Agreement Under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
and Chapter 11 of the United States Bankruptcy Code

    On April 13, 2017, the Department of Justice lodged a proposed 
Settlement Agreement with the United States Bankruptcy Court for the 
District of Maine in In re: Lincoln Paper and Tissue, LLC, No. 15-10715 
PGC. The agreement was entered into by the United States, on behalf of 
the United States Environmental Protection Agency (``EPA''), the debtor 
Lincoln Paper and Tissue, LLC (``Debtor''), and the Maine Department of 
Environmental Protection (``MDEP'').
    The agreement relates to liabilities of the Debtor under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980, 42 U.S.C. 9601 et seq. (``CERCLA''), in connection with the 
275-acre paper mill owned by the Debtor in Lincoln, Maine 
(``Facility''). Pursuant to the agreement's terms, the Debtor has 
agreed to implement certain removal actions at the Facility, including 
the removal of drums and containers of hazardous substances and 
hazardous wastes, the removal of radioactive signs, and the removal of 
friable asbestos. The Debtor has also agreed to pay EPA the difference 
between the cost of these removal actions (expected to be about 
$250,000) and $400,000. The Debtor has also agreed that if the estate's 
net recoveries in the bankruptcy proceeding (other than insurance 
recoveries related to environmental claims) exceed $500,000, the Debtor 
will pay EPA 25% of the excess, with an overall cap of $225,000. With 
respect to insurance proceeds for environmental claims, the Debtor has 
agreed to pay EPA 50% of any net proceeds over $400,000, with no cap on 
the amount. MDEP has agreed that an escrow account of $50,000, which 
was set aside by the Debtor earlier in the bankruptcy case for the 
benefit of any remediation sought by MDEP at the Facility, will be paid 
to EPA to help defray EPA's removal costs at the Facility. MDEP has 
signed the Settlement Agreement due to this aspect of the settlement. 
The Debtor has also agreed that EPA will have an allowed general 
unsecured claim in the amount of the removal costs that will be 
incurred by EPA at the Facility, minus certain cash payments to be made 
by the Debtor to EPA, with a cap of $1.5 million.

[[Page 18483]]

    The United States, on behalf of EPA, has provided the Debtor with a 
covenant not to sue, under Sections 106 and 107 of CERCLA, with respect 
to the Facility, as well as a property located adjacent to the Facility 
(the ``Excluded Area''), as well as those areas of the Penobscot River 
where hazardous substances from the Facility or the Excluded Area have 
come to be located. The covenant also applies to the Debtor's 
successors and assigns, former and current officers, directors, 
employees, and trustees, but only to the extent that the alleged 
liability of the successor or assign, officer, director, employee, or 
trustee is based solely on his, her or its status and on his, her or 
its capacity as a successor or assign, officer, director, employee or 
trustee of the Debtor.
    The publication of this notice opens a period for public comment on 
the Agreement. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, and should refer 
to In re: Lincoln Paper and Tissue, LLC, No. 15-10715 PGC, D.J. Ref. 
No. 90-11-3-11537. 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:
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By email............................  pubcomment-ees.enrd@usdoj.gov.
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    During the public comment period, the Agreement may be examined and 
downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the agreement 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 $19.75 (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. 2017-07905 Filed 4-18-17; 8:45 am]
BILLING CODE 4410-15-P