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8904 Federal Register / Vol. 73, No.

32 / Friday, February 15, 2008 / Notices

conducting a full review.1 Accordingly, of 1930; this notice is published pursuant to The Department of Justice will receive
the Commission determined that it section 207.62 of the Commission’s rules. comments relating to the proposed
would conduct an expedited review By order of the Commission. Agreement for a period of thirty (30)
pursuant to section 751(c)(3) of the Act. Issued: February 11, 2008. days from the date of this publication.
Staff report.—A staff report Marilyn R. Abbott, Comments should be addressed to the
containing information concerning the Assistant Attorney General,
Secretary.
subject matter of the review will be Environment and Natural Resources
[FR Doc. E8–2848 Filed 2–14–08; 8:45 am]
placed in the nonpublic record on Division, and either emailed to
BILLING CODE 7020–02–P
March 3, 2008, and made available to pubcomment-ees.enrd@usdoj.gov or
persons on the Administrative mailed to P.O. Box 7611, U.S.
Protective Order service list for this Department of Justice, Washington, DC
review. A public version will be issued DEPARTMENT OF JUSTICE 20044–7611, and should refer to United
thereafter, pursuant to section States v. Atlantic Richfield, DJ Ref. No.
Notice of Lodging of Proposed 90–11–2–430.
207.62(d)(4) of the Commission’s rules.
Settlement Agreement Under the The proposed Agreement may be
Written submissions.—As provided in Comprehensive Environmental examined at the office of the United
section 207.62(d) of the Commission’s Response, Compensation and Liability States Attorney for the District of
rules, interested parties that are parties Act (CERCLA) Montana, 2929 Third Avenue North,
to the review and that have provided
Suite 400, Billings, Montana 59101, and
individually adequate responses to the Notice is hereby given that on January
at the U.S. EPA Region VIII Montana
notice of institution,2 and any party 25, 2008, a proposed Settlement
Office, Federal Building, 10 West 15th
other than an interested party to the Agreement regarding the Butte Mine
Street, Suite 3200, Helena, Montana
review may file written comments with Flooding Superfund Site, also knows as
59624. During the public comment
the Secretary on what determination the the Berkley Pit Site, was filed with the
period, the proposed Agreement may
Commission should reach in the review. United States District Court of Montana
also be examined on the following
Comments are due on or before March in United States v. Atlantic Richfield,
Department of Justice Web site: http://
6, 2008, and may not contain new Civ. Action No. 02–35–BU–SEH (D.
www.usdoj.gov/enrd/
factual information. Any person that is Mont.) The proposed Settlement
Consent_Decrees.html. In addition, a
neither a party to the five-year review Agreement, which was approved by the copy of the proposed Agreement may be
nor an interested party may submit a Bankruptcy Court for the Southern obtained by mail from the Consent
brief written statement (which shall not District of Texas, pertains primarily to Decree Library, P.O. Box 7611, U.S.
contain any new factual information) ASARCO’s liability at this site under a Department of Justice, Washington, DC
pertinent to the review by March 6, consent decree previously entered by 20044–7611 or by faxing or e-mailing a
2008. However, should Commerce the United States District Court in request to Tonia Fleetwood
extend the time limit for its completion Montana on August 14, 2002. The terms (tonia.fleetwood@usdoj.gov), fax no.
of the final results of its review, the of the Settlement Agreement require an (202) 514–0097, phone confirmation
deadline for comments (which may not additional approval by the United States number (202) 514–1547. In requesting a
contain new factual information) on District Court in Montana, following a copy from the Consent Decree Library,
Commerce’s final results is three period of public comment, for the please enclose a check in the amount of
business days after the issuance of Settlement Agreement to become $5.00 (25 cents per page reproduction
Commerce’s results. If comments effective. costs) payable to the U.S. Treasury.
contain business proprietary The proposed Settlement Agreement
information (BPI), they must conform reflects an agreement among ASARCO, W. Benjamin Fisherow,
with the requirements of sections 201.6, the United States, the State of Montana, Deputy Chief, Environmental Enforcement
207.3, and 207.7 of the Commission’s and another defendant at the Butte Mine Section, Environment and Natural Resources
rules. The Commission’s rules do not Flooding Site—Montana Resources Division.
authorize filing of submissions with the Incorporated (‘‘MRI’’). Under the terms [FR Doc. 08–670 Filed 2–14–08; 8:45 am]
Secretary by facsimile or electronic of the Agreement, MRI will receive an BILLING CODE 4410–15–M
means. allowed general unsecured claim against
In accordance with sections 201.16(c) ASARCO of $8.67 million, which MRI
and 207.3 of the rules, each document can use only toward cleanup of the DEPARTMENT OF JUSTICE
filed by a party to the review must be Butte Mine Flooding Site, which is
proceeding under the Comprehensive Notice of Lodging Proposed Consent
served on all other parties to the review Decree
(as identified by either the public or BPI Environmental Response,
service list), and a certificate of service Compensation, and Liability Act In accordance with the Departmental
must be timely filed. The Secretary will (‘‘CERCLA’’), as amended, 42 U.S.C. Policy, 28 CFR 50.7, notice is hereby
not accept a document for filing without 9601–9675. MRI is also allowed other given that a proposed Consent Decree in
a certificate of service. claims relating to the Butte Mine United States v. David Arp and Triple
Flooding Site under the Settlement Diamond Enterprises, LLC, (M.D. Fla.;
Authority: This review is being conducted
under authority of title VII of the Tariff Act
Agreement. In exchange for MRI’s 2:08–cv–82–JES–DNF), DJ # 90–5–1–1–
allowed claims, the obligations of 17895, was lodged with the United
1 A record of the Commissioners’ votes, the
ASARCO and its subsidiary, AR States District Court for the Middle
Commission’s statement on adequacy, and any Montana, under the Butte Mine District of Florida on January 31, 2008.
individual Commissioner’s statements will be Flooding Consent Decree will be This proposed Consent Decree
rwilkins on PROD1PC63 with NOTICES

available from the Office of the Secretary and at the deemed to be fully resolved and concerns a complaint filed by the
Commission’s Web site. satisfied, and ASARCO will be removed United States against David Arp and
2 The Commission has found the response

submitted by FMC Corporation to be individually


as a party to the decree, subject to Triple Diamond Enterprises, LLC,
adequate. Comments from other interested parties certain conditions set forth in the pursuant to 33 U.S.C. 403, 1311(a) and
will not be accepted (see 19 CFR 207.62(d)(2)). Settlement Agreement. 1344, to obtain injunctive relief from

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Federal Register / Vol. 73, No. 32 / Friday, February 15, 2008 / Notices 8905

and impose civil penalties against the comments concerning the proposed • Enhance the quality, utility, and
Defendants for violating the Clean Water extension of the ETA 902, Disaster clarity of the information to be
Act and the Rivers and Harbors Act by Unemployment Assistance Activities collected; and
discharging pollutants without a permit under the Robert T. Stafford Disaster • Minimize the burden of the
into waters of the United States. The Relief and Emergency Assistance Act. collection of information on those who
proposed Consent Decree resolves these A copy of the proposed information are to respond, including through the
allegations by requiring the Defendants collection request (ICR) can be obtained use of appropriate automated,
to restore the impacted areas and/or by contacting the office listed below in electronic, mechanical, or other
perform mitigation and to pay a civil the addressee section of this notice or by technological collection techniques or
penalty. accessing: http://www.doleta.gov/ other forms of information technology,
The Department of Justice will accept OMBCN/OMBControlNumber.cfm. e.g., permitting electronic submissions
written comments relating to this of responses.
DATES: Written comments must be
proposed Consent Decree for thirty (30) A copy of the proposed information
days from the date of publication of this submitted to the office listed in the
collection request (ICR) can be obtained
Notice. Please address comments to addressee section below on or before
by contacting the office listed above in
Todd W. Gleason, P.O. Box 23986, April 15, 2008.
the addressee section of this notice.
Washington, DC 20026–3986 and refer ADDRESSES: Send comments to Miriam
to United States v. David Arp and Triple Thompson, U.S. Department of Labor, III. Current Actions
Diamond Enterprises, LLC, (M.D. Fla.), Employment and Training The ETA 902 report is the only report
DJ # 90–5–1–1–17895. Administration, Office of Workforce which collects data on DUA payments
The proposed Consent Decree may be Security, 200 Constitution Avenue NW., and claims activities. The continued
examined at the Clerk’s Office, United Frances Perkins Bldg., Room S–4231, collection of the information contained
States District Court for the Middle Washington, DC 20210, telephone on the ETA 902 report is necessary for
District of Florida, Jacksonville number (202) 693–3226 (this is not a the purposes of monitoring and
Division, United States Courthouse, 300 toll-free number) or by e-mail: evaluating states’ performance in
North Hogan Street, Jacksonville, FL thompson.miriam@dol.gov. administering the DUA program.
32202, 904–549–1900. In addition, the Type of Review: Extension without
SUPPLEMENTARY INFORMATION:
proposed Consent Decree may be change.
viewed at http://www.usdoj.gov/enrd/ I. Background Agency: Employment and Training
Consent_Decrees.html. Administration (ETA).
The ETA 902 Report, Disaster Title: Disaster Unemployment
Stephen Samuels, Unemployment Assistance (DUA) Assistance, Disaster Payment Activities
Assistant Chief, Environmental Defense Activities, is a monthly report submitted Report.
Section, Environment & Natural Resources by an impacted state(s) when a major OMB Number: 1205–0051.
Division. disaster is declared by the President that Agency Number: ETA 902.
[FR Doc. 08–669 Filed 2–14–08; 8:45 am] provides for individual assistance Affected Public: State governments.
BILLING CODE 4410–15–M (including DUA). The report contains Total Respondents: 30.
data on DUA claims and payment Frequency: Approximately six (6)
activities associated with administering months.
DEPARTMENT OF LABOR the DUA program. The information is Total Responses: 180.
used by ETA’s Office of Workforce Average Time per Response: One (1)
Proposed Information Collection Security (OWS) to determine workload hour.
Request of the ETA 902, Disaster counts, for example, the number of Burden Hours: 180.
Unemployment Assistance Activities individuals determined eligible or Total Burden Cost (capital/startup):
ineligible for DUA, the number of $0.00.
AGENCY: Employment and Training Total Burden Cost (operating/
Administration, Labor. appeals filed, and the number of
maintaining): $ 0.00.
overpayments issued. The report also Comments submitted in response to
ACTION: Notice.
allows OWS to track states’ this notice will be summarized and/or
SUMMARY: The Department of Labor, as administrative costs for the DUA included in the request for Office of
part of its continuing effort to reduce program(s). Management and Budget approval of the
paperwork and respondent burden, II. Desired Focus of Comments information collection request and will
conducts a pre-clearance consultation also become a matter of public record.
program to provide the general public Currently, the Department of Labor is
and Federal agencies with an soliciting comments concerning the Dated: February 6, 2008.
opportunity to comment on proposed proposed extension for the collection of Cheryl Atkinson,
and/or continuing collections of the ETA 902, Disaster Unemployment Administrator, Office of Workforce Security.
information in accordance with the Assistance Activities. Comments are [FR Doc. E8–2830 Filed 2–14–08; 8:45 am]
Paperwork Reduction Act of 1995 requested to: BILLING CODE 4510–FW–P
(PRA95) [44 U.S.C. 3506(c)(2)(A)]. This • Evaluate whether the proposed
program helps to ensure that requested collection of information is necessary
data can be provided in the desired for the proper performance of the DEPARTMENT OF LABOR
format, reporting burden (time and functions of the agency, including
financial resources) is minimized, whether the information will have Office of the Secretary
collection instruments are clearly practical utility;
rwilkins on PROD1PC63 with NOTICES

Submission for OMB Review:


understood, and the impact of collection • Evaluate the accuracy of the Comment Request
requirements on respondents can be agency’s estimate of the burden of the
properly assessed. Currently, the proposed collection of information, February 11, 2008.
Employment and Training including the validity of the The Department of Labor (DOL) gives
Administration (ETA) is soliciting methodology and assumptions used; notice that it has submitted the

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