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]
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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
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(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.
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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]
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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:
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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]
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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]
-----------------------------------------------------------------------
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:
------------------------------------------------------------------------
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 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]
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