Notice of Lodging of Proposed Modification of Consent Decree Under the Clean Water Act and Oil Pollution Act, 56408-56409 [2024-14965]
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56408
Federal Register / Vol. 89, No. 131 / Tuesday, July 9, 2024 / Notices
Authorized applicants must represent
interested parties, as defined by 19
U.S.C. 1677(9), who are parties to the
investigations. A party granted access to
BPI in the preliminary phase of the
investigations need not reapply for such
access. A separate service list will be
maintained by the Secretary for those
parties authorized to receive BPI under
the APO.
Staff report.—The prehearing staff
report in the final phase of these
investigations will be placed in the
nonpublic record on August 19, 2024,
and a public version will be issued
thereafter, pursuant to § 207.22 of the
Commission’s rules.
Hearing.—The Commission will hold
a hearing in connection with the final
phase of these investigations beginning
at 9:30 a.m. on Wednesday, September
4, 2024. Requests to appear at the
hearing should be filed in writing with
the Secretary to the Commission on or
before Tuesday, August 27, 2024. Any
requests to appear as a witness via
videoconference must be included with
your request to appear. Requests to
appear via videoconference must
include a statement explaining why the
witness cannot appear in person; the
Chairman, or other person designated to
conduct the investigations, may in their
discretion for good cause shown, grant
such a request. Requests to appear as
remote witness due to illness or a
positive COVID–19 test result may be
submitted by 3:00 p.m. the business day
prior to the hearing. Further information
about participation in the hearing will
be posted on the Commission’s website
at https://www.usitc.gov/calendarpad/
calendar.html.
A nonparty who has testimony that
may aid the Commission’s deliberations
may request permission to present a
short statement at the hearing. All
parties and nonparties desiring to
appear at the hearing and make oral
presentations should attend a
prehearing conference, if deemed
necessary, to be held at 9:30 a.m. on
Tuesday, September 3, 2024. Parties
shall file and serve written testimony
and presentation slides in connection
with their presentation at the hearing by
no later than 4:00 p.m. on Tuesday,
September 3, 2024 (one business day
prior to hearing). Oral testimony and
written materials to be submitted at the
public hearing are governed by sections
201.6(b)(2), 201.13(f), and 207.24 of the
Commission’s rules. Parties must submit
any request to present a portion of their
hearing testimony in camera no later
than 7 business days prior to the date of
the hearing.
Written submissions.—Each party
who is an interested party shall submit
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a prehearing brief to the Commission.
Prehearing briefs must conform with the
provisions of § 207.23 of the
Commission’s rules; the deadline for
filing is August 26, 2024. Parties shall
also file written testimony in connection
with their presentation at the hearing,
and posthearing briefs, which must
conform with the provisions of § 207.25
of the Commission’s rules. The deadline
for filing posthearing briefs is
September 11, 2024. In addition, any
person who has not entered an
appearance as a party to the
investigations may submit a written
statement of information pertinent to
the subject of the investigations,
including statements of support or
opposition to the petition, on or before
September 11, 2024. On October 1,
2024, the Commission will make
available to parties all information on
which they have not had an opportunity
to comment. Parties may submit final
comments on this information on or
before October 3, 2024, but such final
comments must not contain new factual
information and must otherwise comply
with § 207.30 of the Commission’s rules.
All written submissions must conform
with the provisions of § 201.8 of the
Commission’s rules; any submissions
that contain BPI must also conform with
the requirements of §§ 201.6, 207.3, and
207.7 of the Commission’s rules. The
Commission’s Handbook on Filing
Procedures, available on the
Commission’s website at https://
www.usitc.gov/documents/handbook_
on_filing_procedures.pdf, elaborates
upon the Commission’s procedures with
respect to filings.
Additional written submissions to the
Commission, including requests
pursuant to § 201.12 of the
Commission’s rules, shall not be
accepted unless good cause is shown for
accepting such submissions, or unless
the submission is pursuant to a specific
request by a Commissioner or
Commission staff.
In accordance with §§ 201.16(c) and
207.3 of the Commission’s rules, each
document filed by a party to the
investigations must be served on all
other parties to the investigations (as
identified by either the public or BPI
service list), and a certificate of service
must be timely filed. The Secretary will
not accept a document for filing without
a certificate of service.
Authority: These investigations are
being conducted under authority of title
VII of the Tariff Act of 1930; this notice
is published pursuant to § 207.21 of the
Commission’s rules.
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Issued: July 3, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024–15058 Filed 7–8–24; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Modification of Consent Decree Under
the Clean Water Act and Oil Pollution
Act
On June 29, 2024, the Department of
Justice lodged with the United States
District Court for the Western District of
Michigan a proposed Eighth
Modification of Consent Decree (‘‘Eighth
Modification’’) in the lawsuit entitled
United States v. Enbridge Energy,
Limited Partnership, et al., Civil Action
No. 1:16–cv–914.
On May 23, 2017, the United States
District Court for the Western District of
Michigan approved and entered a
Consent Decree that resolved specified
claims asserted by the United States
against Enbridge Energy, Limited
Partnership and eight affiliated entities
(‘‘Enbridge’’) under the Clean Water Act
and Oil Pollution Act arising from two
separate 2010 oil spills resulting from
failures of Enbridge oil transmission
pipelines near Marshall, Michigan and
Romeoville, Illinois. The complaint
filed by the United States alleged that
Enbridge’s pipelines had unlawfully
discharged oil into waters of the United
States and sought civil penalties,
recovery of removal costs, and
injunctive relief. The Consent Decree
established various requirements
applicable to a network of 14 pipelines
that comprise Enbridge’s Lakehead
System—including dig selection criteria
governing excavation, repair or
mitigation, and imposition of interim
pressure restrictions for various
features, such a cracks, that are detected
through In-Line Inspections (‘‘ILI’’) of
such pipelines. The proposed
Modification would revise provisions of
the Consent Decree relating to the
investigation and repair of
‘‘circumferential cracks’’—i.e., cracks
that are predominantly oriented around
the circumference of the pipeline as
opposed to cracks oriented along the
length (or central axis) of the pipeline.
First, the proposed Eighth
Modification would require Enbridge to
investigate circumferential crack
features in four pipelines. In three
pipelines (Lines 2, 62 and a portion of
Line 1), Enbridge will deploy ILI tools
that are specifically designed to identify
and measure circumferential crack
features. In a fourth pipeline (Line 4),
E:\FR\FM\09JYN1.SGM
09JYN1
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 131 / Tuesday, July 9, 2024 / Notices
Enbridge will undertake a newly-created
program to excavate and examine a
minimum of ten pipe joints that are
likely to contain the most severe
circumferential crack features. Based
upon the results of this investigation,
Enbridge will attempt to pass an agreedupon statistical test for determining
whether unexcavated portions of the
pipeline are likely to contain any
Circumferential Cracks that require
repair.
Second, the proposed Eighth
Modification would revise the methods
used by Enbridge for assessing whether
a circumferential crack must be
excavated and repaired. The new
methods are tailored to address the
unique threats posed by circumferential
crack features, taking into account all
stresses and loading conditions that may
cause a circumferential crack to grow
and ultimately fail. The proposed Eighth
Modification would require Enbridge to
apply these new assessment methods
not only to circumferential crack
features in Lines 1, 2, 4, and 62 that
Enbridge would be required to
investigate under the proposed Eighth
Modification, but also those
circumferential crack features in Lines
5, 6A, and 10 that Enbridge previously
discovered through past ILIs but that
Enbridge has not yet excavated and
repaired.
Third, the proposed Eighth
Modification adjusts certain
requirements relating to the repair and
mitigation of Circumferential Crack
features. The proposed Eighth
Modification allows more time for the
excavation and repair of Circumferential
Cracks than is generally afforded for the
excavation and repair of axially-aligned
cracks (i.e., a crack oriented in parallel
to the flow of oil through the pipeline).
Further, Enbridge will not be required,
in all instances, to limit operating
pressure in a pipeline until such repairs
are completed. Rather, Enbridge will be
required to establish an interim pressure
restriction only if a Circumferential
Crack is growing at a rate that poses a
threat to the integrity of the pipeline.
Fouth, the proposed Eighth
Modification would eliminate two
requirements in the Consent Decree
relating to Circumferential Cracks. In
contrast to axially-aligned cracks,
circumferential crack features that do
not require excavation and repair would
not be evaluated to determine their
remaining life (i.e., the estimated time
remaining before a feature may fail
either by leaking or rupturing). In
addition, the proposed Eighth
Modification would not impose any
requirements on Enbridge with respect
to the future deployment of ILI tools to
VerDate Sep<11>2014
18:00 Jul 08, 2024
Jkt 262001
re-inspect circumferential crack features
in Lines 1, 2, 4, 5, 6A, 10, and 62.
Finally, the proposed Eighth
Modification would revise the
Termination Section of the Consent
Decree, enabling Enbridge to seek early
termination of certain requirements
relating to circumferential crack
features. The proposed Eighth
Modification would require Enbridge to
incorporate the circumferential crack
remedial program into its operating
manual, which is enforceable by the
Pipeline and Hazardous Materials Safety
Administration (‘‘PHMSA’’). Once the
manual is revised, Enbridge may request
‘‘Phase 1’’ Final Termination, which,
upon approval by EPA, will terminate
all aspects of the Consent Decree other
than two discrete programs relating to
circumferential cracks. Phase 2 Final
Termination will occur once the United
States files notice with the Court
confirming that Enbridge has fully
implemented these two remaining
programs.
The publication of this notice opens
a period for public comment on the
proposed Eighth Modification of
Consent Decree. Comments should be
addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and should refer to
United States v. Enbridge Energy,
Limited Partnership, et al., D.J. Ref. No.
90–5–1–1–10099. 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.
By mail .........
During the public comment period,
the proposed Eighth Modification may
be examined and downloaded at this
Justice Department website: https://
www.justice.gov/enrd/consent-decrees.
If you require assistance accessing the
proposed Eighth Modification, you may
request assistance by email or by mail
to the address provided above for
submitting comments.
Laura A. Thoms,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2024–14965 Filed 7–8–24; 8:45 am]
BILLING CODE 4410–15–P
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56409
DEPARTMENT OF LABOR
Employee Benefits Security
Administration
[Prohibited Transaction Exemption 2024–
03; Application Number L–11989]
Exemption for Certain Prohibited
Transactions Involving the Association
of Washington Business (AWB)
HealthChoice Employee Benefits Trust
Located in Olympia, Washington
Employee Benefits Security
Administration, Labor.
ACTION: Notice of exemption.
AGENCY:
This document gives notice of
an individual exemption from certain
prohibited transaction restrictions of the
Employee Retirement Income Security
Act of 1974 (ERISA). The exemption
permits the trustee of a plan funded by
the AWB HealthChoice Employee
Benefits Trust (the Arrangement), to hire
entities affiliated with AWB to provide
services to the Arrangement for a fee
subject to conditions designed to
safeguard the interests of the plan and
its participants and beneficiaries.
DATES: Exemption date: This final
exemption will be in effect as of July 9,
2024.
FOR FURTHER INFORMATION CONTACT:
Susan Wilker, Office of Exemption
Determinations, Employee Benefits
Security Administration, U.S.
Department of Labor, (202) 693–8557
(this is not a toll-free number).
SUPPLEMENTARY INFORMATION: AWB,
Forterra and ProPoint (the Applicants)
requested an exemption pursuant to
ERISA section 408(a) and supplemented
the request with certain additional
information (collectively, this
information is referred to as ‘‘the
Application’’).1 On June 14, 2023, the
Department published a notice of
proposed exemption in the Federal
Register at 88 FR 38896 (Proposed
Exemption).
Based on the record and
representations of the Applicants, the
Department has determined to grant the
Proposed Exemption with the
modifications discussed below. This
exemption provides only the relief
specified herein and does not provide
relief from violations of any law other
SUMMARY:
1 The procedures for requesting an exemption are
set forth in 29 CFR part 2570, subpart B (76 FR
66637, 66644, October 27, 2011). Effective
December 31, 1978, section 102 of the
Reorganization Plan No. 4 of 1978, 5 U.S.C. App.
1 (1996), transferred the authority of the Secretary
of the Treasury to issue administrative exemptions
under the Code Section 4975(c)(2) to the Secretary
of Labor. Accordingly, the Department grants this
exemption under its sole authority.
E:\FR\FM\09JYN1.SGM
09JYN1
Agencies
[Federal Register Volume 89, Number 131 (Tuesday, July 9, 2024)]
[Notices]
[Pages 56408-56409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14965]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Modification of Consent Decree
Under the Clean Water Act and Oil Pollution Act
On June 29, 2024, the Department of Justice lodged with the United
States District Court for the Western District of Michigan a proposed
Eighth Modification of Consent Decree (``Eighth Modification'') in the
lawsuit entitled United States v. Enbridge Energy, Limited Partnership,
et al., Civil Action No. 1:16-cv-914.
On May 23, 2017, the United States District Court for the Western
District of Michigan approved and entered a Consent Decree that
resolved specified claims asserted by the United States against
Enbridge Energy, Limited Partnership and eight affiliated entities
(``Enbridge'') under the Clean Water Act and Oil Pollution Act arising
from two separate 2010 oil spills resulting from failures of Enbridge
oil transmission pipelines near Marshall, Michigan and Romeoville,
Illinois. The complaint filed by the United States alleged that
Enbridge's pipelines had unlawfully discharged oil into waters of the
United States and sought civil penalties, recovery of removal costs,
and injunctive relief. The Consent Decree established various
requirements applicable to a network of 14 pipelines that comprise
Enbridge's Lakehead System--including dig selection criteria governing
excavation, repair or mitigation, and imposition of interim pressure
restrictions for various features, such a cracks, that are detected
through In-Line Inspections (``ILI'') of such pipelines. The proposed
Modification would revise provisions of the Consent Decree relating to
the investigation and repair of ``circumferential cracks''--i.e.,
cracks that are predominantly oriented around the circumference of the
pipeline as opposed to cracks oriented along the length (or central
axis) of the pipeline.
First, the proposed Eighth Modification would require Enbridge to
investigate circumferential crack features in four pipelines. In three
pipelines (Lines 2, 62 and a portion of Line 1), Enbridge will deploy
ILI tools that are specifically designed to identify and measure
circumferential crack features. In a fourth pipeline (Line 4),
[[Page 56409]]
Enbridge will undertake a newly-created program to excavate and examine
a minimum of ten pipe joints that are likely to contain the most severe
circumferential crack features. Based upon the results of this
investigation, Enbridge will attempt to pass an agreed-upon statistical
test for determining whether unexcavated portions of the pipeline are
likely to contain any Circumferential Cracks that require repair.
Second, the proposed Eighth Modification would revise the methods
used by Enbridge for assessing whether a circumferential crack must be
excavated and repaired. The new methods are tailored to address the
unique threats posed by circumferential crack features, taking into
account all stresses and loading conditions that may cause a
circumferential crack to grow and ultimately fail. The proposed Eighth
Modification would require Enbridge to apply these new assessment
methods not only to circumferential crack features in Lines 1, 2, 4,
and 62 that Enbridge would be required to investigate under the
proposed Eighth Modification, but also those circumferential crack
features in Lines 5, 6A, and 10 that Enbridge previously discovered
through past ILIs but that Enbridge has not yet excavated and repaired.
Third, the proposed Eighth Modification adjusts certain
requirements relating to the repair and mitigation of Circumferential
Crack features. The proposed Eighth Modification allows more time for
the excavation and repair of Circumferential Cracks than is generally
afforded for the excavation and repair of axially-aligned cracks (i.e.,
a crack oriented in parallel to the flow of oil through the pipeline).
Further, Enbridge will not be required, in all instances, to limit
operating pressure in a pipeline until such repairs are completed.
Rather, Enbridge will be required to establish an interim pressure
restriction only if a Circumferential Crack is growing at a rate that
poses a threat to the integrity of the pipeline.
Fouth, the proposed Eighth Modification would eliminate two
requirements in the Consent Decree relating to Circumferential Cracks.
In contrast to axially-aligned cracks, circumferential crack features
that do not require excavation and repair would not be evaluated to
determine their remaining life (i.e., the estimated time remaining
before a feature may fail either by leaking or rupturing). In addition,
the proposed Eighth Modification would not impose any requirements on
Enbridge with respect to the future deployment of ILI tools to re-
inspect circumferential crack features in Lines 1, 2, 4, 5, 6A, 10, and
62.
Finally, the proposed Eighth Modification would revise the
Termination Section of the Consent Decree, enabling Enbridge to seek
early termination of certain requirements relating to circumferential
crack features. The proposed Eighth Modification would require Enbridge
to incorporate the circumferential crack remedial program into its
operating manual, which is enforceable by the Pipeline and Hazardous
Materials Safety Administration (``PHMSA''). Once the manual is
revised, Enbridge may request ``Phase 1'' Final Termination, which,
upon approval by EPA, will terminate all aspects of the Consent Decree
other than two discrete programs relating to circumferential cracks.
Phase 2 Final Termination will occur once the United States files
notice with the Court confirming that Enbridge has fully implemented
these two remaining programs.
The publication of this notice opens a period for public comment on
the proposed Eighth Modification of Consent Decree. Comments should be
addressed to the Assistant Attorney General, Environment and Natural
Resources Division, and should refer to United States v. Enbridge
Energy, Limited Partnership, et al., D.J. Ref. No. 90-5-1-1-10099. 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............................ [email protected].
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
------------------------------------------------------------------------
During the public comment period, the proposed Eighth Modification
may be examined and downloaded at this Justice Department website:
https://www.justice.gov/enrd/consent-decrees. If you require assistance
accessing the proposed Eighth Modification, you may request assistance
by email or by mail to the address provided above for submitting
comments.
Laura A. Thoms,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2024-14965 Filed 7-8-24; 8:45 am]
BILLING CODE 4410-15-P