12544 Federal Register / Vol. 66, No. 39 / Tuesday, February 27, 2001 / Notices

DEPARTMENT OF JUSTICE

Notice of Lodging of Settlement

Agreement Under Comprehensive

Environmental Response,

Compensation and Liability Act

In accordance with Departmental

policy, 28 CFR 50.7, notice is hereby

given that a proposed Settlement

Agreement in In re Joy Technologies,

Inc. (d/b/a Joy Mining Machinery), C.A.

No. 99–2194 (Bnkr. Ct. Del.), was lodged

on February 21, 2001, with the United

States Bankruptcy Court for the District

of Delaware. The Settlement Agreement

resolves the United States’ claims

against Joy Technologies, Inc. (d/b/a Joy

Mining Machinery) (‘‘Joy’’) with respect

to past response costs incurred and

future costs to be incurred, pursuant to

Section 107 of the Comprehensive

Environmental Response, Compensation

and Liability Act, 42 U.S.C. 9607, in

connection with the clean-up of the

Route 52 Site, Bluefield, Mercer County,

West Virginia. The Settlement

Agreement also resolves the United

States’ claims for civil penalties,

pursuant to section 106(b) of CERCLA,

42 U.S.C. 9606(b), and punitive

damages, pursuant to section 107(c)(3)

of CERCLA, 42 U.S.C. 9607(c)(3).

Under the Settlement Agreement, Joy

has agreed to give EPA, a general

unsecured creditor, an allowed claim in

the amount of $7,000,000.00, plus

interest, in reimbursement of response

costs incurred in connection with the

Site. Joy will pay the allowed claim on

the same basis as its pays the allowed

claims of all other unsecured creditors.

In addition, Joy has agreed to pay the

United States $1,500,000.00 to resolve

the United States’ claims pursuant to

section 106(b) and 107(c)(3) of CERCLA,

42 U.S.C. 9606(b), 9607(c)(3). The latter

amount will be paid within 78 months

from the date the Bankruptcy Court

approves the plan of reorganization for

Harnischfeger Industries Incorporated

and the other debtors, including Joy,

involved in Bankruptcy Case Number

99–2177 (Jointly Administered),

pending in the District of Delaware.

The Department of Justice will

receive, for a period of 30 days from the

date of this publication, comments

relating to the proposed Settlement

Agreement. Comments should be

addressed to the Assistant Attorney

General for the Environment and

Natural Resources Division, Department

of Justice, Washington, DC 20530, and

should refer to In re Joy Technologies,

Inc. (d/b/a Joy Mining Machinery), DOJ

Reference No. 90–11–2–207/6.

The proposed Settlement Agreement

may be examined at the Office of the

United States Attorney, Chemical Bank

Plaza, 1201 Market Street, Suite 1100,

Wilmington, Delaware 19899; and the

Region III Office of the Environmental

Protection Agency, 1650 Arch Street,

Philadelphia, Pennsylvania 19103. A

copy of the proposed Settlement

Agreement may be obtained by mail

from the Department of Justice Consent

Decree Library, P.O. Box 7611,

Washington, DC 20044. In requesting a

copy, please refer to the referenced case

and enclose a check in the amount of

$3.25 (.25 cents per page production

costs), payable to the Consent Decree

Library.

Robert D. Brook,

Assistant Section Chief, Environmental

Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 01–4741 Filed 2–26–01; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Pursuant to the Comprehensive

Environmental Response

Compensation and Liability Act

(‘‘CERCLA’’)

Consistent with Departmental policy,

28 CFR 50.7, and under section 122(d)

of CERCLA, 42 U.S.C. 9622(d), notice is

hereby given that a proposed consent

decree in United States v. Livingston, et

al., Civ. No. 97–4770 (WGB), was lodged

on February 13, 2001 with the United

States District Court for the District of

New Jersey. The Consent Decree

concerns hazardous waste

contamination at the Brook Industrial

Park Superfund Site (the ‘‘Site’’),

located in Bound Brook, Somerset

County, New Jersey. The Consent

Decree would resolve the liability for

reimbursement of response costs

incurred and to be incurred by the

United States in connection with the

Site as to three remaining defendants in

this action against whom the United

States filed a compliant on behalf of the

Untied States Environmental Protection

Agency (‘‘EPA’’). Also participating in

the proposed consent decree are thirdparty defendants Fireman’s Fund

Insurance Co. and New Jersey PropertyLiability Insurance Guaranty

Association. The Consent Decree

requires the settling parties to reimburse

the EPA Hazardous Substance

Superfund a total of $1.06 million, plus

interest.

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

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

Department of Justice, Washington, DC

20044–7611, and should refer to United

States v. Livingston, et al., DOJ Ref. #90–

11–2–1287.

The proposed consent decree may be

examined at the office of the United

States Attorney for the District of New

Jersey, 970 Broad Street, Newark, New

Jersey 07102 (contact Assistant Untied

States Attorney Susan C. Cassell); and

the Region II Office of the

Environmental Protection Agency, 290

Broadway, New York, New York,

10007–1866 (contact Assistant Regional

Counsel Muthu S. Sundram). A copy of

the proposed consent decree may be

obtained by mail from the Consent

Decree Library, P.O. Box 7611,

Washington, DC 20044–7611. In

requesting a copy please refer to the

referenced case and enclose a check in

the amount of $5.25 (25 cents per page

reproduction costs), payable to the

Consent Decree Library.

Ronald G. Gluck,

Assistant Chief, Environmental Enforcement

Section, Environment and Natural Resources

Division.

[FR Doc. 01–4700 Filed 2–26–01; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Antitrust Division

Clear Channel Communications, Inc.,

and AMFM Inc. Merger Settlement

Proposed Final Judgment and

Competitive Impact Statement in United

States v. Clear Channel

Communications, Inc., and AMFM Inc.,

Civ. Action No. 1:00CV02063.

Notice is hereby given pursuant to the

Antitrust Procedures and Penalties Act,

15 U.S.C. §§ 16(b)–(h), that a proposed

Final Judgment, Stipulation and Order,

and Competitive Impact Statement have

been filed with the United States

District Court for the District of

Columbia, in United States versus Clear

Channel Communications, Inc., and

AMFM Inc., Civ. Action No.

1:00CV02063 (Thomas Penfield Jackson,

J.).

On August 29, 2000, the United States

filed a Complaint alleging that the effect

of the merger of Clear Channel

Communications, Inc. and AMFM Inc.

may be to lessen competition

substantially in the sale of radio

advertising time and out-of-home

advertising in several local markets in

the United States in violation of Section