Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Notices 26275 

Civ. A. No. 10–cv–03025–EFS was 

lodged with the United States Court for 

the Eastern District of Washington. The 

facility at issue is the Washington Beef 

complex slaughterhouse located in 

Toppenish, Washington. This is a civil 

action for injunctive relief and civil 

penalties under Section 309(b) and (d) 

of the Clean Water Act, 33 U.S.C. 

1319(b) and (d), and for violations of 

Section 301 (a) of the Clean Water Act, 

33 U.S.C. 1311(a). The Complaint 

alleges that Defendant is liable for 

unauthorized discharges from one of its 

outfalls, violations of permit effluent 

limits and, violations of its permit due 

to its failure to properly monitor and 

report the quality of its effluent. 

Pursuant to the proposed Consent 

Decree, Defendant will pay to the 

United States a civil penalty of $750,000 

to resolve the claims alleged in the 

Complaint. The Consent Decree requires 

certain injunctive relief including 

installation of five new pieces of 

equipment including a new sequential 

batch reactor. 

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. Washington Beef LLC, Civ. A. 

No. 10–cv–03025–EFS (Eastern District 

of Washington), Department of Justice 

Case Number 90–5–1–1–09414. 

During the public comment period, 

the Consent Decree may be examined at 

the Office of the United States Attorney, 

Eastern District of Washington, 920 

West Riverside Avenue, Spokane, WA 

99201. 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 $8.25 (25 cents per 

page reproduction cost) payable to the 

U.S. Treasury. 

Maureen Katz, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 2010–11114 Filed 5–10–10; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Consent Decree 

In accordance with Departmental 

Policy, 28 CFR 50.7, notice is hereby 

given that a proposed Consent Decree in 

United States of America et al. v. The 

Boeing Company, Civil Action No. 10– 

758 (W.D. Wa.), was lodged with the 

United States District Court for the 

Western District of Washington on May 

4, 2010. The proposed Consent Decree 

settles claims for natural resource 

damages caused by hazardous 

substances released from Boeing 

facilities along the Duwamish 

Waterway. 

The complaint asserts claims by the 

United States on behalf of the National 

Oceanic and Atmospheric 

Administration and the Department of 

the Interior; the State of Washington; the 

Suquamish Tribe; and the Muckleshoot 

Indian Tribe (the Natural Resource 

Trustees) pursuant to the section 107(a) 

of the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA), 42 U.S.C. 9607(a); 

section 311 of the Clean Water Act 

(CWA), 33 U.S.C. 1321; section 1002(b) 

of the Oil Pollution Act (OPA), 33 

U.S.C. 2702(b); and the Model Toxics 

Control Act (MTCA), RCW 70.105D. 

Under the proposed Consent Decree, 

Boeing will create habitat for outmigrating juvenile salmon making their 

transition from fresh water to salt water, 

as well as other fish and bird species. 

The restoration projects will be built at 

the current location of Boeing’s Plant 2 

on the Duwamish River and will cover 

over one-half linear mile of waterway. 

Boeing also will repay almost $2 million 

of the Natural Resource Trustees’ costs 

expended to date, will pay the Natural 

Resource Trustees’ future costs of 

overseeing the restoration projects, and 

will establish a permanent stewardship 

fund for the projects. 

The Department of Justice will receive 

written comments relating to the 

proposed Consent Decree for a period of 

thirty (30) days from the date of 

publication of this notice. Comments 

should be addressed to the Assistant 

Attorney General, Environment and 

Natural Resources Division, and either 

e-mailed to pubcommentees.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 of America 

et al. v. The Boeing Company, DJ 

Reference No. 90–11–3–07227/1. 

The Consent Decree may be examined 

at the Office of the United States 

Attorney, Western District of 

Washington, Office of the United States 

Attorney for the Western District of 

Washington, 5200 United States 

Courthouse, 700 Stewart Street, Seattle, 

WA 98101–1271. 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 $26.75 (25 cents per 

page reproduction cost) payable to the 

United States Treasury or, if requesting 

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

amount to the Consent Decree Library at 

the stated address. 

Maureen Katz, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division, United States 

Department of Justice. 

[FR Doc. 2010–11115 Filed 5–10–10; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Consent Decree Under the Clean Water 

Act 

Notice is hereby given that on April 

20, 2010, a Consent Decree in United 

States of America v. Hovnanian 

Enterprises, Inc., Civil Action No. 2:10– 

cv–01742–TJS, was lodged with the 

United States District Court for the 

Eastern District of Pennsylvania. 

The United States, together with the 

District of Columbia, the State of 

Maryland, the Commonwealth of 

Virginia, and the State of West Virginia 

four co-plaintiffs (‘‘State Plaintiffs’’), 

entered into the Consent Decree with 

Hovnanian Enterprises, Inc. 

(‘‘Hovnanian’’), a builder of residential 

homes that does business in nineteen 

states. Plaintiffs are filing concurrently 

with the Consent Decree a Complaint 


emcdonald on DSK2BSOYB1PROD with NOTICES
26276 Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Notices 

1 In general, an ‘‘Assistance Eligible Individual’’ is 

an individual who has experienced an involuntary 

termination of employment that is a COBRA 

‘‘qualifying event’’ at any time from September 1, 

2008 through May 31, 2010 if he or she elects such 

COBRA coverage. For purposes of ARRA, certain 

involuntary terminations are considered qualifying 

events despite the occurrence of a previous 

qualifying event. 

asserting claims against Hovnanian that 

are resolved by the Consent Decree. 

The proposed Complaint alleges three 

types of storm water violations— 

discharges without a permit, failure to 

timely apply for permit coverage, and 

permit violations, in violation of 

Sections 301 and 308 of the CWA and 

analogous state law—and alleges a 

general pattern and practice of noncompliance at Hovnanian’s Sites 

throughout the country. 

The Consent Decree addresses 

Hovnanian’s violations of the Clean 

Water Act (‘‘CWA’’) as well as violations 

of state and federal National Pollutant 

Discharge Elimination System 

(‘‘NPDES’’) permits governing the 

discharge of storm water from 

Hovnanian’s construction Sites. The 

Consent Decree resolves claims of the 

United States and State Plaintiffs for 

past violations of storm water 

requirements at the Sites identified in 

Appendix A of the Complaint by 

requiring the payment of a civil penalty 

totaling $1 million and the institution of 

injunctive relief in the form of a 

nationwide management, reporting and 

training program to improve compliance 

with storm water requirements at 

Hovnanian’s future construction Sites. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to this proposed 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, Attention: Nancy 

Flickinger (EES), and should refer to 

United States of America v. Hovnanian 

Enterprises, Inc., Civil Action No. 2:10– 

cv–01742–TJS, DOJ # 90–5–1–1–08709. 

The proposed Consent Decree may be 

examined at the Office of the United 

States Attorney for the Eastern District 

of Pennsylvania, 615 Chestnut Street, 

Suite 1250, Philadelphia, PA 19016. The 

consent decree also may be examined 

on the following Department of Justice 

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

Consent_Decrees.html. A copy of the 

proposed 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 

$46.50 (25 cents per page reproduction 

cost for a full copy) payable to the U.S. 

Treasury. 

Maureen Katz, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 2010–11088 Filed 5–10–10; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

Publication of Model Notices for Health 

Care Continuation Coverage Provided 

Pursuant to the Consolidated Omnibus 

Budget Reconciliation Act (COBRA) 

and Other Health Care Continuation 

Coverage, as Required by the 

American Recovery and Reinvestment 

Act of 2009 (ARRA), as Further 

Amended by the Continuing Extension 

Act (CEA) of 2010, Notice 

AGENCY: Employee Benefits Security 

Administration, Department of Labor. 

ACTION: Notice of the Availability of the 

Model Health Care Continuation 

Coverage Notices Required by ARRA, as 

further amended by CEA. 

SUMMARY: On April 15, 2010, President 

Obama signed the Continuing Extension 

Act of 2010 (Pub. L. 111–157), which 

extended, for a third time, the 

availability of the health care 

continuation coverage premium 

reduction provided for COBRA and 

other health care continuation coverage 

as required by ARRA (Pub. L. 111–5). 

ARRA, as amended, retained the 

requirement that the Secretary of Labor 

(the Secretary), in consultation with the 

Secretaries of the Treasury and Health 

and Human Services, develop model 

notices. These models are for use by 

group health plans and other entities 

that, pursuant to ARRA, as amended, 

must provide notices of the availability 

of premium reductions and additional 

election periods for health care 

continuation coverage. This document 

announces the availability of the model 

health care continuation coverage 

notices required by ARRA, as further 

amended by CEA. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Horahan or Mark Connor, Office 

of Health Plan Standards and 

Compliance Assistance, Employee 

Benefits Security Administration, (202) 

693–8335. This is not a toll-free number. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Consolidated Omnibus Budget 

Reconciliation Act of 1985 (COBRA) 

created the health care continuation 

coverage provisions of Title I of the 

Employee Retirement Income Security 

Act of 1974 (ERISA), the Internal 

Revenue Code (Code), and the Public 

Health Service Act (PHS Act). These 

provisions are commonly referred to as 

the ‘‘COBRA continuation provisions,’’ 

and the continuation coverage that they 

mandate is commonly referred to as 

‘‘COBRA continuation coverage.’’ Group 

health plans subject to the Federal 

COBRA continuation provisions are 

subject to ARRA’s premium reduction 

provisions and notice requirements. The 

Federal COBRA continuation coverage 

provisions do not apply to group health 

plans sponsored by employers with 

fewer than 20 employees. Many States 

require health insurance issuers that 

provide group health insurance 

coverage to plans not subject to the 

COBRA continuation provisions to 

provide comparable continuation 

coverage. Such continuation coverage 

provided pursuant to State law is also 

subject to ARRA’s premium reduction 

provisions and notice requirements. 

II. Description of the Model Notices 

a. In General 

ARRA, as further amended, mandates 

the provision of certain notices. Each of 

these notices must include: a prominent 

description of the availability of the 

premium reduction, including any 

conditions on the entitlement; a model 

form to request treatment as an 

‘‘Assistance Eligible Individual’’; 1 the 

name, address, and telephone number of 

the plan administrator (and any other 

person with information about the 

premium reduction); a description of 

the obligation of individuals paying 

reduced premiums who become eligible 

for other coverage to notify the plan; 

and (if applicable) a description of the 

opportunity to switch coverage options. 

The Department of Labor (the 

Department) created these model 

notices to cover an array of situations in 

order to deal with the complexity of the 

various scenarios facing dislocated 

workers and their families. In an effort 

to ensure that the notices include all of 

the information required under ARRA, 

as amended, while minimizing the 

burden imposed on group health plans 

and issuers, the Department has created 

several packages. As with those models 


emcdonald on DSK2BSOYB1PROD with NOTICES