7460 Federal Register / Vol. 72, No. 31 / Thursday, February 15, 2007 / Notices 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Modified Consent Decree Under the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act 

Notice is hereby given that on January 

24, 2007, a proposed Modified Consent 

Decree in United States of America and 

Commonwealth of Virginia v. American 

Cyanamid Company, et al., Civil Action 

Nos. 90–0046–C, 91–0003–C, was 

lodged with the United States District 

Court for the Western District of 

Virginia. 

In this action, the United States seeks 

a Third Modification of the Consent 

Decree that the United States lodged in 

1991 to resolve the claims of the United 

States and the Commonwealth of 

Virginia under Sections 107 and 106(a) 

of the Comprehensive Environmental 

Response, Compensation and Liability 

Act (‘‘CERCLA’’), 42 U.S.C. 9607 and 

9606(a), at the U.S. Titanium Superfund 

Site located at the southern boundary of 

Nelson County, near the community of 

Piney River, Virginia (the ‘‘Site’’). This 

proposed Third Modification 

incorporates an EPA amendment to the 

remedy that requires institutional 

controls at the Site. Specifically, the 

modification requires American 

Cyanamid and its corporate successors, 

Wyeth Holdings Corporation, Cytec 

Industries Inc., and Piney Development 

Corporation to comply with certain land 

use restrictions and to record a 

Declaration of Restrictive Covenants 

documenting those restrictions and 

providing EPA with access to the Site. 

These restrictions prohibit or limit (1) 

Installation of any drinkingw water 

wells in areas where the groundwater is 

contaminated; (2) any new development 

at the Site that might interfere with the 

remedy; and (3) unauthorized earth 

moving activities where remedial 

actions have occurred. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to this proposed Modified 

Consent Decree. Comments should be 

addressed to the Assistant Attorney 

General, Environmental and Natural 

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

Department of Justice, Washington, DC 

20044–7611, Attention: Nancy 

Flickinger, and should refer to United 

States of America and Commonwealth 

of Virginia v. American Cyanamid 

Company, et al., Civil Action Nos. 90–

0046–C, 91–0003–C, and should refer to 

D.J. Ref. 90–11–2–562. 

The Modified Consent Decree may be 

examined at the Office of the United 

States Attorney for the Western District 

of Virginia, 310 First Street, SW., Room 

906, Roanoke, Virginia 24011, and at 

U.S. EPA Region III’s Office, 1650 Arch 

Street, Philadelphia, PA 19103. During 

the public comment period, the consent 

decree may also be examined on the 

following Department of Justice Web 

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

Consent_Decrees.html. A copy of the 

proposed Modified 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 or emailing a request to Tonia Fleetwood 

(tonia.fleetwood@usdoj.gov), fax no. 

(202) 514–0097, phone confirmation 

number (202) 514–1547. 

In requesting a copy from the Consent 

Decree Library, please enclose a check 

in the amount of $3.25 (25 cents per 

page reproduction cost for a full copy) 

payable to the U.S. Treasury. 

Robert D. Brook, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 07–686 Filed 2–14–07; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Stipulation 

Modifying Settlement Under the Clean 

Air Act 

Notice is hereby given that on 

February 2, 2007, a proposed 

Stipulation and Order modifying the 

Consent Decree in United States v. City 

of New York, Civil No. 99–2207, has 

been lodged with the United States 

District Court for the Southern District 

of New York. 

The original Consent Decree resolved 

the government’s claims against New 

York City and the New York Department 

of Sanitation (collectively, the ‘‘City’’) 

for violations of the Clean Air Act 

arising from the City’s improper 

disposal of appliances containing 

ozone-depleting substances. The 

proposed stipulation provides for the 

City to perform a Supplemental 

Environmental Project (‘‘SEP’’) 

comprising an urban forest project in 

lieu of two SEPs required under the 

original Consent Decree. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Stipulation and Order. 

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 U.S. v. 

City of New York, D.J. Ref. 90–5–2–1–

06471. 

The Stipulation and Order may be 

examined at the Office of the United 

States Attorney, 86 Chambers Street, 3rd 

Fl., New York, NY 10007, and at the 

Region II Office of the U.S. 

Environmental Protection Agency, 

Region II Records Center, 290 

Broadway, 17th Floor, New York, NY 

10007–1866. During the public 

comment period, the Stipulation and 

Order may also be examined on the 

following Department of Justice Web 

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

Consent_Decrees.html. A copy of the 

Stipulation and Order 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 or e-mailing a 

request to Tonia Fleetwood 

(tonia.fleetwood@usdoj.gov, fax no. 

(202) 514–0097, phone confirmation 

number (202) 514–1547. In requesting a 

copy from the Consent Decree Library, 

please enclose a check in the amount of 

$5.25 (25 cents per page reproduction 

cost) payable to the U.S. Treasury or, if 

by e-mail or fax, forward a check in that 

amount to the Consent Decree Library at 

the stated address. 

Ronald G. Gluck, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 07–687 Filed 2–14–07; 8:45 am] 

BILLING CODE 4410—15—M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

Pursuant to Department of Justice 

policy, notice is hereby given that on 

January 31, 2007, a proposed Consent 

Decree in United States v. USX Corp., et 

al., Civil Action No. 98 C 6398 (N.D. 

Ill.), was lodged with the United States 

District Court for the Northern District 

of Illinois. 

The Consent Decree concerns claims 

for natural resource damages under the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act, 42 U.S.C. 9601–9675, relating to the 

Yeoman Creek Landfill Superfund Site 

in Waukegan, Illinois. Environmental 

cleanup work at the site is already being 

performed under a 1999 Consent Decree 

with several parties. This proposed 

Consent Decree would require the 

following parties to pay an additional 

$300,000 for natural resource damages 


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Federal Register / Vol. 72, No. 31 / Thursday, February 15, 2007 / Notices 7461 

and for reimbursement of natural 

resource damage assessment costs 

incurred by government agencies: (1) 

Browning-Ferris Industries, LLC and 

BFI Waste Systems of North America, 

Inc.; (2) the City of Waukegan, Illinois; 

(3) Abbott Laboratories; (4) Waukegan 

Community School District No. 60; (5) 

The Goodyear Tire & Rubber Company; 

and (6) Invitrogen Corporation. 

The Department of Justice will receive 

comments relating to the Consent 

Decree for a period of thirty (30) days 

from the date of this publication. 

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. USX Corp. et al., Civil Action 

No. 98 C 6389 (N.D. Ill.) and D.J. Ref. 

No. 90–11–2–1315/3. 

The Consent Decree may be examined 

at the offices of the United States 

Attorney, 219 S. Dearborn Street, 5th 

Floor, Chicago, Illinois. During the 

public comment period, the Consent 

Decree may also be examined on the 

following Department of Justice Web 

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

Consent_Decrees.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 or e-mailing a request to Tonia 

Fleetwood (tonia.fleetwood@usdoj.gov), 

fax no. (202) 514–0097, phone 

confirmation number (202) 514–1547. In 

requesting a copy from the Consent 

Decree Library, please enclose a check 

in the amount of $8.00 (32 pages at 25 

cents per page reproduction cost) 

payable to the U.S. Treasury. 

William D. Brighton, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 07–684 Filed 2–14–07; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act of 

1980 

Notice is hereby given that on January 

31, 2007, a proposed Consent Decree in 

United States of America v. Estate of 

David W. St. Germain, Jr. and Zeneca 

Inc., Civil Action No. 07–10181 was 

lodged with the United States District 

Court for the District of Massachusetts. 

In this action the United States sought 

recovery of response costs incurred in 

connection with the cleanup of 

hazardous substances released at the St. 

Germain Drum Site, the Oak Street 

Drum Site, and the Route 44 Disposal 

Area Site (collectively, the ‘‘Sites’’), 

located in Taunton, Bristol County, 

Massachusetts, pursuant to Section 107 

of the Comprehensive Environmental, 

Response, Compensation, and Liability 

Act, 42 U.S.C. 9607 (‘‘CERCLA’’). The 

Consent Decree provides that the Estate 

of David W. St. Germain, Jr. shall pay 

EPA all net proceeds from the sale of the 

St. Germain Site, up to the amount of 

EPA’s Unreimbursed Response Costs, as 

defined in the Consent Decree. It is 

currently estimated that the net 

proceeds from the sale of the St. 

Germain Site will be approximately 

$400,000. The Consent Decree also 

provides that Zeneca will pay EPA a 

total of $2,562,260.49, plus interest from 

May 1, 2006, to resolve its liability at 

the Sites. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Consent Decree. 

Comments should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, and either e-mailed to 

pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. Estate of David W. St. Germain, 

Jr. and Zeneca Inc., D.J. Ref. 90–11–3–

07658. 

The Consent Decree may be examined 

at the Office of the United States 

Attorney, 1 Courthouse Way, John 

Joseph Moakley Courthouse, Suite 9200, 

Boston, MA 02210, and at U.S. EPA 

Region 1, One Congress Street, Suite 

1100, Boston, MA 02210. During the 

public comment period, the Consent 

Decree, may also be examined on the 

following Department of Justice Web 

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

Consent_Decrees.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 or e-mailing a request to Tonia 

Fleetwood (tonia.fleetwood@usdoj.gov), 

fax no. (202) 514–0097, phone 

confirmation number (202) 514–1547. in 

requesting a copy from the Consent 

Decree Library, please enclose a check 

in the amount of $7.25 (25 cents per 

page reproduction cost) payable to the 

U.S. Treasury or, if by e-mail or fax, 

forward a check in that amount to the 

Consent Decree Library at the stated 

address. 

Ronald G. Gluck, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources, 

Division. 

[FR Doc. 07–685 Filed 2–14–07; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

ZRIN 1210–ZA12 

[Application Number D–11404] 

Proposed Amendment to Prohibited 

Transaction Exemption 2006–06 (PTE 

2006–06) for Services Provided in 

Connection With the Termination of 

Abandoned Individual Account Plans 

AGENCY: Employee Benefits Security 

Administration, U.S. Department of 

Labor. 

ACTION: Notice of Proposed Amendment 

to PTE 2006–06. 

SUMMARY: This document contains a 

notice of pendency before the 

Department of Labor (the Department) of 

a proposed amendment to PTE 2006–06, 

a prohibited transaction class exemption 

issued under the Employee Retirement 

Income Security Act of 1974 (ERISA). 

Among other things, PTE 2006–06 

permits a ‘‘qualified termination 

administrator’’ (QTA) of an individual 

account plan that has been abandoned 

by its sponsoring employer to select 

itself to provide services to the plan in 

connection with the plan’s termination, 

and to pay itself fees for those services. 

This amendment is being proposed in 

connection with the Department’s 

amendment of regulations relating to the 

Termination of Abandoned Individual 

Account Plans at 29 CFR 2578.1, and 

the Safe Harbor for Distributions from 

Terminated Individual Account Plans at 

29 CFR 2550.404a–3, which are being 

published simultaneously in this issue 

of the Federal Register. The 

Department’s proposed amendment to 

PTE 2006–06 reflects changes, enacted 

as part of the Pension Protection Act of 

2006, Pub. L. No. 109–280, to the 

Internal Revenue Code and would 

require, as a condition of relief under 

the class exemption, that benefits for a 

missing, designated nonspouse 

beneficiary be directly rolled over into 

an inherited individual retirement plan 

that fully complies with Code 

requirements. If adopted, the proposed 

amendment would affect plans, 

participants and beneficiaries of such 


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