Federal Register / Vol. 62, No. 226 / Monday, November 24, 1997 / Notices 62607

with respect to the Site or this Order,

including, but not limited to:

(1) any direct or indirect claim for

reimbursement from the Hazardous

Substance Superfund (established

pursuant to the Internal Revenue Code,

26 U.S.C. 9507) through Sections

106(b)(2), 111, 112 or 113 of CERCLA,

42 U.S.C. 9606(b)(2), 9611, 9612 or

9613;

(2) any claim arising out of response

activities at the Site; and

(3) any claim against the United States

pursuant to Sections 107 or 113 of

CERCLA, 42 U.S.C. 9607 or 9613,

relating to the Site.

34. Nothing in this Order shall be

deemed to constitute preauthorization

of a claim within the meaning of Section

111 of CERCLA, 42 U.S.C. 9611, or 40

CFR § 300.700(d).

35. The Respondent also waives any

challenge it may have to any response

action selected in any Action

Memorandum, Interim Record of

Decision or final Record of Decision for

the Site.

XIII. Effect of Settlement; Contribution

Protection

36. Nothing in this Order shall be

construed to create any rights in, or

grant any cause of action to, any person

not a party to this Order. The preceding

sentence shall not be construed to waive

or nullify any rights that any person not

a signatory to this Order may have

under applicable law. The United States

and the Respondents each reserve any

and all rights (including, but not limited

to, any right to contribution), defenses,

claims, demands and causes of action

which each party may have with respect

to any matter, transaction, or occurrence

relating in any way to the Site against

any person not a party hereto.

37. Respondent consents and agrees to

comply with and be bound by the terms

of this Order. The United States and the

Respondent agree that this Order,

Respondent’s consent to this Order and

actions in accordance with this Order

shall not in any way constitute or be

construed as an admission of any

liability by Respondents or of any legal

or factual matters set forth in this Order.

Further, neither this Order,

Respondent’s consent to this Order, nor

Respondent’s actions in accordance

with this Order shall be admissible in

evidence against Respondent without its

consent, except in a proceeding to

enforce this Order. Respondent does not

admit, and retains the right to controvert

in any subsequent proceedings other

than proceedings to implement or

enforce this Consent Order, the validity

of the Statement of Facts and

Determinations contained in this

Consent Order.

38. With regard to claims for

contribution against the Respondent, the

Parties hereto agree that, as of the

effective date this Order, the

Respondent and its predecessors-ininterest, affiliates, successors and

assigns, including Hydrometrics, Inc., is

entitled to such protection from

contribution actions or claims as is

provided by Sections 113(f)(2) and

122(g)(5) of CERCLA, 42 U.S.C.

9613(f)(2) and 9622(g)(5) for ‘‘matters

addressed’’ in this Consent Order.

‘‘Matters addressed’’ by this Order shall

include all claims the United States

could bring or any other civil or

administrative action the United States

could take against the Respondent or its

predecessors-in-interest, affiliates,

successors and assigns, including

Hydrometrics, Inc., for injunctive relief

or for reimbursement of response costs

pursuant to Section 106 or 107(a) of

CERCLA, 42 U.S.C. 9606 or 9607(a) or

Section 7003 of the Resource

Conservation and Recovery Act, as

amended, 42 U.S.C. 6973, related to the

Site.

XIV. Public Comment

39. This Order shall be subject to a

thirty-day public comment period in

accordance with Section 122(i) of

CERCLA, 42 U.S.C. 9622(i). In

accordance with Section 122(i)(3), 42

U.S.C. 9622(i)(3), EPA may withdraw or

modify its consent to this Order if

comments received disclose any facts or

considerations which indicate that this

Order is inappropriate, improper, or

inadequate.

XV. Attorney General Approval

40. The Attorney General or her

designee has approved the settlement

embodied in this Order in accordance

with Section 122(g)(4) of CERCLA, 42

U.S.C. 9622(g)(4).

XVI. Effective Date

41. The effective date of this Order

shall be the date upon which the

Assistant Regional Administrator, EPA

Region VIII notifies the Respondent that

the public comment period undertaken

pursuant to Paragraph 39 of this Order

has closed and that comments received,

if any, do not require EPA’s withdrawal

from or the modification of any terms of

this Order.

It is so agreed:

ASARCO Incorporated

Dated: February 2, 1997.

Michael O. Varner,

Vice President, Environmental Operations.

It is so ordered and agreed:

Environmental Protection Agency, Region

VIII.

Dated: September 2, 1997.

Martin Hestmark for Carol Rushin,

Assistant Regional Administrator, Office of

Enforcement, Compliance and Environmental

Justice.

[FR Doc. 97–30822 Filed 11–21–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5926–9]

Clean Water Act Class II: Proposed

Administrative Penalty Assessment

and Opportunity To Comment

Regarding Glacier Petroleum, Inc.,

Emporia, KS

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of proposed

administrative penalty assessment and

opportunity to comment regarding

Glacier Petroleum, Inc., Emporia,

Kansas.

SUMMARY: EPA is providing notice of

opportunity to comment on the

proposed assessment.

Under 33 U.S.C. 1321(b)(6), EPA is

authorized to issue orders assessing

civil penalties for various violations of

the Act. EPA may issue such orders after

filing a Complaint commencing either a

Class I or Class II penalty proceeding.

EPA provides public notice of the

proposed assessment pursuant to 33

U.S.C. 1321(b)(6)(C).

Class II proceedings are conducted

under EPA’s Consolidated Rules of

Practice Governing the Administrative

Assessment of Civil Penalties and the

Revocation or Suspension of Permits, 40

CFR part 22. The procedures by which

the public may submit written comment

on a proposed Class II order or

participate in a Class II proceeding, and

the procedures by which a respondent

may request a hearing, are set forth in

the Consolidated Rules. The deadline

for submitting public comment on a

proposed Class II order is thirty (30)

days after issuance of public notice.

On September 26, 1997, EPA

commenced the following Class II

proceeding for the assessment of

penalties by filing with the Regional

Hearing Clerk, U.S. Environmental

Protection Agency, Region VII, 726

Minnesota Avenue, Kansas City, Kansas

66101, (913) 551–7630, the following

Complaint:

In the Matter of, Glacier Petroleum, Inc.

Emporia, Kansas; CWA Docket No. VII–97–

W–0053.
62608 Federal Register / Vol. 62, No. 226 / Monday, November 24, 1997 / Notices

The Complaint proposes a penalty of

Thirty-five Thousand Nine Hundred

Five Dollars ($35,905) for the discharge

of crude oil into or upon the navigable

waters of the United States or adjoining

shorelines in violation of Section

311(b)(3) of the Clean Water Act.

DATES: In order to provide opportunity

for public comment, EPA will issue no

final order assessing a penalty in this

proceeding prior to December 24, 1997.

FOR FURTHER INFORMATION CONTACT:

Persons wishing to receive a copy of

EPA’s Consolidated Rules, review the

Complaint or other documents filed in

this proceeding, comment upon the

proposed penalty assessment, or

otherwise participate in the proceeding

should contact Venessa Cobbs, Regional

Hearing Clerk at (913) 551–7630.

The administrative record for the

proceeding is located in the EPA

Regional Office at the address stated

above, and the file will be open for

public inspection during normal

business hours. All information

submitted by Glacier Petroleum, Inc. is

available as part of the administrative

record, subject to provisions of law

restricting public disclosure of

confidential information.

Dated: November 13, 1997.

Dennis Grams,

Regional Administrator.

[FR Doc. 97–30815 Filed 11–21–97; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5926–8]

Clean Water Act Class II: Proposed

Administrative Penalty Assessment

and Opportunity to Comment

Regarding OXY USA, Inc., Tulsa, OK

AGENCY: Environmental Protection

Agency (‘‘EPA’’).

ACTION: Notice of proposed

administrative penalty assessment and

opportunity to comment regarding OXY

USA, Inc., Tulsa, Oklahoma.

SUMMARY: EPA is providing notice of

opportunity to comment on the

proposed assessment.

Under 33 U.S.C. 1321(b)(6), EPA is

authorized to issue orders assessing

civil penalties for various violations of

the Act. EPA may issue such orders after

filing a Complaint commencing either a

Class I or Class II penalty proceeding.

EPA provides public notice of the

proposed assessment pursuant to 33

U.S.C. 1321(b)(6)(C).

Class II proceedings are conducted

under EPA’s Consolidated Rules of

Practice Governing the Administrative

Assessment of Civil Penalties and the

Revocation or Suspension of Permits, 40

CFR part 22. The procedures by which

the public may submit written comment

on a proposed Class II order or

participate in a Class II proceeding, and

the procedures by which a respondent

may request a hearing, are set forth in

the Consolidated Rules. The deadline

for submitting public comment on a

proposed Class II order is thirty (30)

days after issuance of public notice.

On September 25, 1997, EPA

commenced the following Class II

proceeding for the assessment of

penalties by filing with the Regional

Hearing Clerk, U.S. Environmental

Protection Agency, Region VII, 726

Minnesota Avenue, Kansas City, Kansas

66101, (913) 551–7630, the following

Complaint:

In the Matter of, OXY USA, Inc., Tulsa,

Oklahoma; EPCRA Docket No. VII–97–W–

0036.

The Complaint proposes a penalty of

Twelve Thousand Dollars ($12,000) for

the discharges of hazardous substances

in violation of Section 311(b)(3) of the

Clean Water Act.

DATES: In order to provide opportunity

for public comment, EPA will issue no

final order assessing a penalty in this

proceeding prior to December 24, 1997.

FOR FURTHER INFORMATION CONTACT:

Persons wishing to receive a copy of

EPA’s Consolidated Rules, review the

Complaint or other documents filed in

this proceeding, comment upon the

proposed penalty assessment, or

otherwise participate in the proceeding

should contact the Regional Hearing

Clerk identified above.

The administrative record for the

proceeding is located in the EPA

Regional Office at the address stated

above, and the file will be open for

public inspection during normal

business hours. All information

submitted by OXY USA, Inc. is available

as part of the administrative record,

subject to provisions of law restricting

public disclosure of confidential

information.

Dated: November 14, 1997.

Dennis Grams,

Regional Administrator.

[FR Doc. 97–30817 Filed 11–21–97; 8:45 am]

BILLING CODE 6560–50–M

FEDERAL COMMUNICATIONS

COMMISSION

Public Information Collections

Approved by Office of Management

and Budget

November 18, 1997.

The Federal Communications

Commission (FCC) has received Office

of Management and Budget (OMB)

approval for the following public

information collections pursuant to the

Paperwork Reduction Act of 1995, Pub.

L. 104–13. An agency may not conduct

or sponsor and a person is not required

to respond to a collection of information

unless it displays a currently valid

control number. For further information

contact Shoko B. Hair, Federal

Communications Commission, (202)

418–1379.

Federal Communications Commission

OMB Control No.: 3060–0802.

Expiration Date: 05/31/1998.

Title: Administration of the North

American Numbering Plan, Order on

Reconsideration, CC Docket No. 92–237

(Message Intercept Requirement).

Form No.: N/A.

Respondents: Business or other forprofit.

Estimated Annual Burden: 1400

respondents; 9 hours per response

(avg.); 12,600 total annual burden hours.

Estimated Annual Reporting and

Recordkeeping Cost Burden: $0.

Frequency of Response: On occasion.

Description: In response to concern

expressed in the reconsideration record

that LECs should develop intercept

messages to inform dial-around

customers that they need to dial

additional digits, the Order on

Reconsideration in CC Docket No. 92–

237, titled, ‘‘Administration of the North

American Numbering Plan,’’ requires

that LECs offer a standard intercept

message beginning on or before June 30,

1998, explaining that a dialing pattern

change has occurred and instructing the

caller to contact its IXC for further

information. In developing an intercept

message, LECs must consult with IXCs

and reach agreement on the content of

the message and on the period of time

during which the message will be

provided. The Commission leaves to

resolution by the parties decisions about

who should have the ultimate

responsibility for determining the

content of the intercept message and the

period of time during which the

message must be offered. The

Commission states that it will resolve

any disputes arising from parties’

inability to reach agreement on such

matters. Finally, the Commission