72126 Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Notices 

1 DeMert filed for bankruptcy under Chapter 11 

of the Bankruptcy Code in the U.S. District Court 

for the Northern District of Illinois in 1996, and the 

case was later converted to a Chapter 7 Bankruptcy. 

(In re: DeMert & Dougherty, Inc. (Bankr. N.D. I11. 

(Eastern Div. No. 96B90851)). Both the United 

States and the ACS Group filed proofs of claim. 

the implementation, pursuant to 

CERCLA Section 106, 42 U.S.C. 9606, of 

the United States Environmental 

Protection Agency’s selected remedy for 

the ACS Site. 

On January 11, 1996, DeMert & 

Dougherty, Inc., filed for bankruptcy 

under Chapter 11 of the bankruptcy 

Code in the U.S. District Court for the 

Northern District of Illinois. (In re: 

DeMert & Dougherty, Inc. (Bankr. N.D. 

I11. (Eastern Div. No. 96 B 0851))). The 

case was converted to a Chapter 7 

Bankruptcy on June 27, 1996. In that 

case, the United States filed a proof of 

claim pertaining to the costs that it 

incurred at the ACS Site. 

A consent decree lodged in 2002 

would have resolved DeMert’s liability 

as to the site and the United States’

claim in DeMert’s bankruptcy through 

the allowance of an allowed general 

unsecured claim of $2,225,000.1

Public Comments received by the 

Department of Justice from the group 

performing the remedy at the ACS Site 

(‘‘ACS Group’’) necessitated the 

withdrawal of the first consent decree 

and additional negotiations, which 

resulted in the proposed revised consent 

decree. The proposed revised decree 

would resolve DeMert’s liability at the 

ACS Site under CERCLA and resolve the 

competing claims of the United States 

and the ACS Group in DeMert’s 

bankruptcy action, as well as the claims 

that the ACS Group and DeMert may 

have against each other. In particular: 

(1) The ACS Group’s claim in DeMert’s 

bankruptcy would be allowed as a 

general unsecured claim for $2,225,000, 

while the United States bankruptcy 

claim would be deemed to have been 

withdrawn; one-half of the total amount 

paid to the ACS Group in the 

bankruptcy would be deposited in an 

account within the Superfund and be 

available to reimburse the ACS Group’s 

Operation and Maintenance costs at the 

Site; the remainder of the amount paid 

through the bankruptcy would be 

deposited in a different account within 

the Superfund for use by EPA in 

conducting or financing response 

actions connected with the ACS Site, or 

for use at other Sites; (2) the Trustee 

will assist the ACS Group in litigation 

resulting from actions taken by the ACS 

Group to obtain coverage under 

DeMert’s insurance policies; (3) DeMert 

assigns to the ACS Group DeMert’s 

rights to receive payments under 

DeMert’s insurance policies for the Site, 

and the Trustee will assist the ACS 

Group in litigation resulting from the 

ACS Group’s attempts to obtain 

coverage under DeMert’s insurance 

policies. The ACS Group would 

reimburse the Trustee for the fees and 

expenses incurred in assisting the ACS 

Group in such litigation. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the proposed Consent Decree. 

Comments should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. Dougherty, Inc., D.J. Ref. 90–

11–3–1094. 

The Consent Decree may be examined 

at the Office of the United States 

Attorney, Northern District of Indiana, 

5400 Federal Plaza, Suite 1500, 

Hammond, Indiana 44320 (contact 

Assistant United States Attorney Wayne 

Ault, 219–937–5500), and at U.S. EPA 

Region 5, 77 W. Jackson Blvd., Chicago, 

Illinois (contact Assistant Regional 

Counsel Michael McClary (312–886–

7163)). During the public comment 

period, the proposed Amended Consent 

Decree may also be examined on the 

following Department of Justice Web 

site, http://www.usdoj.gov/enrd/ 

open.html. A copy of the Consent 

Decree may also be obtained by mail 

from the Consent Decree Library, P.O. 

Box 7611, U.S. Department of Justice, 

Washington, DC 20044–7611, or by 

faxing a request to Tonia Fleetwood, fax 

no. (202) 616–6583, phone confirmation 

number (202) 514–1547. In requesting a 

copy, please refer to the referenced case 

and enclose a check in the amount of 

$18.00 (25 cents per page reproduction 

costs) payable to the U.S. Treasury. 

William Brighton, 

Assistant Chief, Environmental, Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 05–23508 Filed 11–30–05 8:45 am] 

BILLING CODE 4410–15–M 

NATIONAL INSTITUTE FOR LITERACY 

National Institute for Literacy Advisory 

Board; Sunshine Act Meeting 

AGENCY: National Institute for Literacy. 

ACTION: Notice of closed meeting. 

SUMMARY: This notice sets forth the 

schedule and a summary of the agenda 

for an upcoming meeting of the National 

Institute for Literacy Advisory Board 

(Board). The notice also describes the 

functions of the Board. Notice of this 

meeting is required by section 10(a)(2) 

of the Federal Advisory Committee Act. 

DATE AND TIME: Closed session—

December 12, 2005 from 2 p.m. to 4 p.m. 

ADDRESSES: National Institute for 

Literacy, 1775 I Street, NW., Suite 730, 

Washington, DC 20006. 

FOR FURTHER INFORMATION CONTACT: Liz 

Hollis, Special Assistant to the Director; 

National Institute for Literacy, 1775 I 

Street, NW., Suite 730, Washington, DC 

20006; telephone number: (202) 233–

2072; e-mail: ehollis@nifl.gov. 

SUPPLEMENTARY INFORMATION: The Board 

is established under section 242 of the 

Workforce Investment Act of 1998, 

Public Law 105–220 (20 U.S.C. 9252). 

The Board consists of ten individuals 

appointed by the President with the 

advice and consent of the Senate. The 

Board advises and makes 

recommendations to the Interagency 

Group. The Interagency Group is 

composed of the Secretaries of 

Education, Labor, and Health and 

Human Services, and the three 

Secretaries administer the National 

Institute for Literacy (Institute). The 

Interagency Group considers the Board’s 

recommendations in planning the goals 

of the Institute and in implementing any 

programs to achieve those goals. 

Specifically, the Board performs the 

following functions: (a) Makes 

recommendations concerning the 

appointment of the Director and the 

staff of the Institute; (b) provides 

independent advice on operation of the 

Institute; and (c) receives reports from 

the Interagency Group and the 

Institute’s Director. 

The National Institute for Literacy 

Advisory Board meeting on December 

12, 2005 from 2 p.m. to 4 p.m. will be 

closed to the public to discuss the 

personnel, staffing and performance 

issues. This discussion relates to the 

internal personnel rules and practices of 

the Institute and is likely to disclose 

information of personal nature where 

disclosure would constitute a clearly 

unwarranted invasion of personnel 

privacy. The discussion must therefore 

be held in closed session under 

exemptions 2 and 6 of the Government 

in the Sunshine Act, 5 U.S.C. 552b(c)(2) 

and (6). Due to administrative issues 

associated with scheduling, this 

announcement will be published in the 

Federal Register less than 15 days prior 

to the date of the meeting. A summary 

of the activities at the closed session 

and related matters that are informative 

to the public and consistent with the 

policy of 5 U.S.C. 552b will be available 

to the public within 14 days of the 

meeting. Records are kept of all 

Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Notices 72127 

Advisory Board proceedings and are 

available for public inspection at the 

National Institute for Literacy, 1775 I 

Street, NW., Suite 730, Washington, DC 

20006, from 8:30 a.m. to 5 p.m. 

Dated: November 23, 2005. 

Sandra L. Baxter, 

Director. 

[FR Doc. 05–23544 Filed 11–28–05; 3:50 pm] 

BILLING CODE 6055–01–P 

NATIONAL SCIENCE FOUNDATION 

Proposal Review Panel for Materials 

Research; Notice of Meeting; Sunshine 

Act 

In accordance with the Federal 

Advisory Committee Act (Pub. L. 92–

463 as amended), the National Science 

Foundation announces the following 

meeting: 

Name: Proposal Review Panel for Materials 

Research (DMR) # 1203. 

Dates and Times: 

January 25, 2006; 7:45 a.m.–8 p.m. (open 8–

11:45, 1–4:30, 5:30–6:30), (closed 4:30–

5:30, 6:30–8). 

January 26, 2006; 8 a.m.–4 p.m. (open 9–

10:30). 

Place: University of Massachusetts, 

Amherst, MA. 

Type of Meeting: Part Open. 

Contact Person: Dr. Thomas P. Rieker, 

Program Director, Materials Research Science 

and Engineering Centers, Division of 

Materials Research, Room 1065, National 

Science Foundation, 4201 Wilson Boulevard, 

Arlington, VA 22230, Telephone (703) 292–

4914. 

Purpose of Meeting: To provide advice and 

recommendations concerning progress of 

Materials Research Science and Engineering 

Center. 

Agenda: 

January 25, 2006—Closed to brief site visit 

panel. 

January 26, 2006—Open for Directors 

overview of Materials Research Science 

and Engineering Center and presentations. 

Closed to review and evaluate progress of 

Materials Research Science and 

Engineering Center. 

Reason for Closing: The work being review 

may include information of a proprietary or 

confidential nature, including technical 

information; financial data, such as salaries 

and personal information concerning 

individuals associated with the proposals. 

These matters are exempt under 5 U.S.C. 

552b(c), (4) and (6) of the Government in the 

Sunshine Act. 

Dated: November 29, 2005. 

Susanne Bolton, 

Committee Management Officer. 

[FR Doc. 05–23566 Filed 11–29–05; 1:19 pm] 

BILLING CODE 7555–01–M 

NUCLEAR REGULATORY 

COMMISSION 

Advisory Committee on Nuclear 

Waste; Meeting on Planning and 

Procedures; Notice of Meeting 

The Advisory Committee on Nuclear 

Waste (ACNW) will hold a Planning and 

Procedures meeting on December 15, 

2005, Room T–2B3, 11545 Rockville 

Pike, Rockville, Maryland. The entire 

meeting will be open to public 

attendance, with the exception of a 

portion that may be closed pursuant to 

5 U.S.C. 552b(c)(2) and (6) to discuss 

organizational and personnel matters 

that relate solely to internal personnel 

rules and practices of ACNW, and 

information the release of which would 

constitute a clearly unwarranted 

invasion of personal privacy. 

The agenda for the subject meeting 

shall be as follows: 

Thursday, December 15, 2005—8:30 

a.m.–9:45 a.m. 

The Committee will discuss proposed 

ACNW activities and related matters. 

The purpose of this meeting is to gather 

information, analyze relevant issues and 

facts, and formulate proposed positions 

and actions, as appropriate, for 

deliberation by the full Committee. 

Members of the public desiring to 

provide oral statements and/or written 

comments should notify the Designated 

Federal Official, Ms. Sharon A. Steele 

(Telephone: 301/415–6805) between 8 

a.m. and 5:15 p.m. (ET) five days prior 

to the meeting, if possible, so that 

appropriate arrangements can be made. 

Electronic recordings will be permitted 

only during those portions of the 

meeting that are open to the public. 

Further information regarding this 

meeting can be obtained by contacting 

the Designated Federal Official between 

8:30 a.m. and 5:15 p.m. (ET). Persons 

planning to attend this meeting are 

urged to contact the above named 

individual at least two working days 

prior to the meeting to be advised of any 

potential changes in the agenda. 

Dated: November 23, 2005. 

Michael L. Scott, 

Branch Chief, ACRS/ACNW. 

[FR Doc. E5–6715 Filed 11–30–05; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Advisory Committee on Nuclear 

Waste; Notice of Meeting 

The Advisory Committee on Nuclear 

Waste (ACNW) will hold its 166th 

meeting on December 13–15, 2005, 

Room T–2B3, Two White Flint North, 

11545 Rockville Pike, Rockville, 

Maryland. 

The schedule for this meeting is as 

follows: 

Tuesday, December 13, 2005 

8:30 a.m.–8:45 a.m.: Opening 

Statement (Open)—The ACNW 

Chairman will make opening remarks 

regarding the conduct of today’s 

sessions. 

8:45 a.m.–9:45 a.m.: Combined Office 

of Nuclear Materials Safety and 

Safeguards (NMSS) and Division 

Directors Briefing (Open)—The NMSS 

Office and Division Directors will brief 

the Committee on recent activities of 

interest within their respective 

programs. 

9:45 a.m.–11:15 a.m.: U.S. Nuclear 

Regulatory Commission (NRC’s) Plans 

for the Implementation of a Dose 

Standard After 10,000 Years (Open)—

NRC is proposing to amend its 

regulations at 10 CFR part 63 that 

govern the disposal of high-level 

radioactive wastes in a proposed 

geologic repository at Yucca Mountain. 

The proposed rule would implement 

EPA’s proposed standards for doses that 

could occur after 10,000 years but 

within the period of geologic stability. 

The Committee will continue its 

discussions with representatives from 

NRC’s Office of Nuclear Materials Safety 

and Safeguards on those proposed 

revisions. The NRC staff briefing will 

include the topics of radionuclide 

inventory, effects of climate change, and 

dosimetry. 

11:30 a.m.–12:30 p.m.: 

Reasonableness of NRC Infiltration 

Assumption in the Proposed Part 63 

(Open)—NRC’s proposed rule change at 

Part 63 specifies a value to be used to 

represent climate change after 10,000 

years, as called for by EPA. The 

Committee will hear presentations from 

and hold discussions with 

knowledgeable subject matter experts on 

the reasonableness of NRC’s proposed 

infiltration assumption. 

1:30 p.m.–4:15 p.m.: White Paper on 

Low-Level Radioactive Waste (Open)—

The Committee will discuss a proposed 

white paper on low-level radioactive 

waste (LLW). NRC staff and 

stakeholders will provide perspectives 

on the subject. 

4:30 p.m.–5:30 p.m.: Preparation of 

ACNW Reports/Letters (Open)—The 

Committee will discuss proposed 

ACNW reports on matters considered 

during this and/or previous meetings.