18586 Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices

Response, Compensation and Liability

Act (42 U.S.C. 9601 et seq.) (CERCLA).

DATES: This notice is effective on April

16, 1997. Submit comments by May 16,

1997.

FOR FURTHER INFORMATION CONTACT:

Send comments to Ken Kukovich,

Director, Liquidation Division,

Economic Development Administration,

Room 7840, U.S. Department of

Commerce, 14th and Constitution

Avenue, NW., Washington, DC 20230,

telephone: (202) 482–4965, fax number

(202) 482–2217. Copies of the proposed

settlement agreement, Consent Order,

and all attachments, can be requested at

the same address and telephone

numbers above. Electronically the

information on the proposed settlement

agreement and the Consent Order

(without the attachments) is available

via the Internet on EDA’s Home Page at

http://www.doc.gov/agencies/eda/

index.html (under Regulations and

Notices).

SUPPLEMENTARY INFORMATION:

Background

Between 1876 and 1980 various

portions of the former Wisconsin Steel

Works, located in Chicago, Illinois (the

Site) functioned as a fully-integrated

steel mill. EDA guaranteed a loan of

$100 million under its Special Steel

Loan Guaranty Program in 1979. After

the Wisconsin Steel Company filed for

protection under the bankruptcy laws in

1980, EDA honored its guaranty. EDA

and the International Harvester

Corporation, the predecessor to

Navistar, a former owner of the Site and

also a guarantor of the loan, thereafter

foreclosed upon the mortgages securing

the loan. Title to the Site is currently

held by American National Bank as

trustee for the Wisconsin Steel Land

Trust an Illinois land trust. EDA is the

90 percent beneficiary of the Trust and

Navistar is the 10 percent beneficiary.

No steel-making operations have been

conducted on the Site since 1980. In

1984, EDA, as directing beneficiary,

directed the demolition of the majority

of above-ground structures. The

demolition was conducted by Cuyahoga

Wrecking Company and, after Cuyahoga

filed for protection under the

bankruptcy laws, demolition was

completed by the National Wrecking

Company.

EDA undertook a preliminary

assessment and a site investigation of

the Site. EDA also had on-going

discussions with the Illinois

Environmental Protecting Agency

(IEPA), and the U.S. Environmental

Protection Agency (USEPA), on how

best to address the environmental

conditions found at the Site. In

November 1990, IEPA formally notified

EDA that enforcement by the state

would be suspended and the matter

deferred to USEPA for cleanup under

the Comprehensive Environmental

Response, Compensation and Liability

Act (42 U.S.C. 9601 et seq.)

(‘‘CERCLA’’).

In April 1991, EDA directed the U.S.

Army Corps of Engineers (the Corps) to

investigate and remediate the Site on

EDA’s behalf. The Corps conducted two

Rapid Response removals at the Site to

secure it and make it safe for

investigation, the first in 1992 and the

second in 1993. The Corps completed

the Phase I Remedial Investigation in

the Spring of 1994.

Proposed Settlement

EDA has agreed to a settlement with

Navistar relating to the Site. EDA is

publishing this Notice of Proposed

Settlement pursuant to Section 122(i) of

CERCLA. EDA may withdraw from or

modify the proposed settlement should

public comments disclose facts or

considerations which indicate the

proposed settlement is inappropriate,

improper, or inadequate.

In brief, the proposed settlement

provides that EDA will transfer its 90

percent beneficial ownership under an

Illinois land trust in the Site to Navistar

at a closing (the Closing) which will

occur after the following three events

have occurred:

(1) An Illinois state court judge shall

have approved an Administrative Order

by Consent between Navistar and the

State of Illinois.

(2) EDA shall have obtained written

approval of this Agreement from the

U. S. Department of Justice.

(3) EDA shall have informed Navistar,

in writing, of EDA’s decision to finalize

this Agreement after EDA’s

consideration of all comments received

in response to publication of this

Agreement in the Federal Register.

The proposed settlement further

provides that Navistar shall pay

$10,950,000 to EDA at the closing. Of

this sum, $5,000,000 is attributed to

EDA’s environmental claims against

Navistar, under various state and

Federal environmental statutes and the

common law. The remaining $5,950,000

is attributed to EDA’s nonenvironmental claims against Navistar,

including claims arising under a

guaranty between EDA and Navistar,

and real estate taxes paid by EDA. In

addition, EDA shall be entitled to the

first $1,244,000 of net proceeds received

from the sale of the real estate of the Site

after remediation is completed, and

shall share in the net proceeds of any

further sales on a 50–50 basis with

Navistar.

Navistar covenants not to sue the

United States, including EDA, for any of

its claims in connection with the Site,

as defined therein. The United States,

including EDA, covenants not to sue

Navistar for its environmental claims

and non-environmental claims as

defined therein. Navistar also

indemnifies the United States, including

EDA, from any and all claims asserted

by non-parties to the settlement relating

to the environmental conditions of the

Site.

As a further condition of the

settlement, Navistar and the State of

Illinois have negotiated a Consent Order

under the Illinois pre-notice site

cleanup program, which has been

entered by the circuit court for Cook

County, Illinois, on December 30, 1996,

in the matter: State of Illinois v. Navistar

International Transportation

Corporation, Inc., Case No.

96CH0014146 (Circuit Court, Cook

County, Illinois). Such Consent Order

provides, inter alia, that:

(1) Navistar shall conduct all phases

of environmental remediation at the

Site, including completion of the

Remedial Investigation, Feasibility

Study, Remedial Design, Remedial

Action, and Operation and

Maintenance;

(2) Navistar agrees to submit all

scopes of work and work plans for the

work outlined above, as well as

Navistar’s proposed selection of a

remedial remedy, to the Illinois

Environmental Protection Agency for

review and approval;

(3) Navistar waives its right to

withdraw from the program; and

(4) The Consent Order is enforceable

by IEPA.

Dated: April 10, 1997.

Phillip A. Singerman,

Assistant Secretary for Economic

Development.

[FR Doc. 97–9795 Filed 4–15–97; 8:45 am]

BILLING CODE 3510–24–P

DEPARTMENT OF COMMERCE

International Trade Administration

Export Trade Certificate of Review

ACTION: Notice of Issuance of an

Amended Export Trade Certificate of

Review, Application No. 85–6A018.

SUMMARY: The Department of Commerce

has issued an amendment to the Export

Trade Certificate of Review granted to

U.S. Shippers Association (‘‘USSA’’) on

June 3, 1986. Notice of issuance of the
Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices 18587

Certificate was published in the Federal

Register on June 9, 1986 (51 FR 20873).

FOR FURTHER INFORMATION CONTACT: W.

Dawn Busby, Director, Office of Export

Trading Company Affairs, International

Trade Administration, (202) 482–5131.

This is not a toll-free number.

SUPPLEMENTARY INFORMATION: Title III of

the Export Trading Company Act of

1982 (15 U.S.C. Sections 4001–21)

authorizes the Secretary of Commerce to

issue Export Trade Certificates of

Review. The regulations implementing

Title III are found at 15 CFR Part 325

(1996).

The Office of Export Trading

Company Affairs (‘‘OETCA’’) is issuing

this notice pursuant to 15 CFR 325.6(b),

which requires the Department of

Commerce to publish a summary of a

Certificate in the Federal Register.

Under Section 305(a) of the Act and 15

CFR 325.11(a), any person aggrieved by

the Secretary’s determination may,

within 30 days of the date of this notice,

bring an action in any appropriate

district court of the United States to set

aside the determination on the ground

that the determination is erroneous.

Description of Amended Certificate

Export Trade Certificate of Review

No. 85–00018, was issued to USSA on

June 3, 1986 (51 FR 20873, June 9,

1986), and previously amended on

January 16, 1990 (55 FR 2543, January

25, 1990); November 13, 1990 (55 FR

48664, November 21, 1990); September

22, 1993 (58 FR 51061, September 30,

1993); and on June 28, 1994 (59 FR

34411, July 5, 1994).

USSA’s Export Trade Certificate of

Review has been amended to add the

following companies as new ‘‘Members’’

of the Certificate within the meaning of

section 325.2(1) of the Regulations (15

CFR 325.2(1) (1996)): NOVA Chemicals

Inc., Monaca, PA (Controlling Entity:

NOVA Corporation, Calgary, Alberta,

Canada); Pecten Chemicals Inc.,

Houston, TX (Controlling Entity: Royal

Dutch Petroleum Company, The Hague,

The Netherlands); and Phillips

Petroleum Company, Bartlesville, OK.

A copy of the amended Certificate

will be kept in the International Trade

Administration’s Freedom of

Information Records Inspection Facility,

Room 4102, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, N.W., Washington, D.C. 20230.

Dated: April 10, 1997.

W. Dawn Busby,

Director, Office of Export Trading Company

Affairs.

[FR Doc. 97–9885 Filed 4–15–97; 8:45 am]

BILLING CODE 3510–DR–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 040997C]

Endangered Species; Permits

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Receipt of applications for

modification 6 to research/enhancement

permit 848 (P507D) and modification 1

to research/enhancement permit 1011

(P211J).

SUMMARY: Notice is hereby given that

the Washington Department of Fish and

Wildlife in Olympia, WA (WDFW) and

the Oregon Department of Fish and

Wildlife in La Grande, OR (ODFW) have

applied in due form for modifications to

permits authorizing takes of threatened

species for research/enhancement

purposes.

DATES: Written comments or requests for

a public hearing on either of these

modification applications must be

received on or before May 16, 1997.

ADDRESSES: The applications and

related documents are available for

review in the following offices, by

appointment:

Office of Protected Resources, F/PR3,

NMFS, 1315 East-West Highway, Silver

Spring, MD 20910–3226 (301–713–

1401); and

Environmental and Technical

Services Division, 525 NE Oregon

Street, Suite 500, Portland, OR 97232–

4169 (503–230–5400).

Written comments or requests for a

public hearing should be submitted to

the Chief, Environmental and Technical

Services Division, Portland.

SUPPLEMENTARY INFORMATION: WDFW

and ODFW request modifications to

permits under the authority of section

10 of the Endangered Species Act of

1973 (ESA) (16 U.S.C. 1531–1543) and

the NMFS regulations governing ESAlisted fish and wildlife permits (50 CFR

parts 217–227).

Permit 848 (P507D) authorizes WDFW

takes of adult and juvenile, threatened,

Snake River spring/summer chinook

salmon (Oncorhynchus tshawytscha)

associated with a supplementation

hatchery program and scientific

research/monitoring. For modification 6

to permit 848, WDFW requests takes of

juvenile, threatened, Snake River fall

chinook salmon (Oncorhynchus

tshawytscha) associated with scientific

research designed to answer questions

on fall chinook salmon production in

the lower Tucannon River. ESA-listed

fish are proposed to be captured,

handled, and released; captured,

marked with fin clips or tagged with

passive integrated transponders,

transported, and released; or captured

and sacrificed for genetic analysis or

pathologic studies. An indirect

mortality of ESA-listed juvenile salmon

associated with the research is

requested. Also for modification 6,

WDFW requests to return adult, ESAlisted, Snake River spring/summer

chinook salmon carcasses from the

supplementation program back to the

Tucannon River for nutrient

enrichment. Modification 6 is requested

for the duration of the permit. Permit

848 expires on March 31, 1998.

Permit 1011 (P211J) authorizes ODFW

takes of juvenile, threatened, Snake

River spring/summer chinook salmon

(Oncorhynchus tshawytscha) associated

with a captive broodstock program for

Catherine Creek, upper Grande Ronde

River, and Lostine River populations.

For modification 1 to permit 1011,

ODFW requests to collect a percentage

of the returning adult, ESA-listed,

naturally-produced fish from these

watersheds in 1997 to begin a

supplementation program. ODFW

anticipates sufficient adult returns to

these watersheds in 1997 to allow the

collection of ESA-listed adults for

hatchery broodstock. ODFW proposes to

transport the collected adults to

Lookingglass Hatchery where they will

be spawned, the resulting eggs

incubated, and the juveniles reared.

ODFW believes that the collection of

ESA-listed adults for hatchery

supplementation will increase the

probability of the persistence of the

populations because of the survival

advantage provided by the hatchery.

Releases of fish from the

supplementation program is not

requested at this time. ODFW will

request a modification to permit 1011

for authorization to release fish prior to

any fish releases. The future request for

a modification to the permit will

include a detailed plan on proposed fish

releases and a plan for the disposition

of any excess hatchery fish. The

collection of ESA-listed adults for

broodstock is proposed for 1997 only.

The incubation of eggs and the rearing

of ESA-listed juveniles is requested for

the duration of the permit. Permit 1011

expires on December 31, 2000.

Those individuals requesting a

hearing on either of these permit

modification requests should set out the

specific reasons why a hearing would be

appropriate (see ADDRESSES). The

holding of such a hearing is at the

discretion of the Assistant