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Created: Fri Sep 5 04:37:19 2008
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Federal Register / Vol. 73, No. 173 / Friday, September 5, 2008 / Notices 51849
same as previous service lists. The information was publicly available and Issued: August 29, 2008.
attorney noticed the mistake when she independently available to the law firm Marilyn R. Abbott,
reviewed the service lists of the other in question, and the information that Secretary to the Commission.
parties. She immediately telephoned the was not bracketed in the confidential [FR Doc. E820540 Filed 9408; 8:45 am]
firm that mistakenly received the final version of the final comments was made BILLING CODE 702002P
comments to ask that they return or publicly available in the Commission's
destroy the brief, then followed up to final staff report.
confirm that the firm had destroyed the Case 2: The Commission determined DEPARTMENT OF JUSTICE
brief before any unauthorized person that three attorneys did not breach the
reviewed it. APO because unbracketed information Notice of Lodging of Consent Decree
The Commission determined that in a prehearing brief, identified by Under the Comprehensive
both the lead attorney and her legal Commission staff as confidential, was Environmental Response,
secretary violated the terms of the APO not BPI. Compensation, and Liability Act of
because disclosure of BPI to The information in the prehearing 1980
unauthorized persons, regardless of brief that initially appeared to be BPI
whether those persons viewed the BPI, were two unbracketed unit values. The Notice is hereby given that on August
constitutes an APO breach. However, unbracketed information provided 21, 2008, a Complaint was filed and a
the Commission determined not to percentage changes in average unit proposed Consent Decree was lodged
initiate the second phase of the APO values as opposed to actual unit values, with the United States District Court for
breach investigation because of a variety which were not disclosed. The the District of New Jersey in United
of mitigating circumstances that made Commission determined that disclosure States of America v. Air Products and
issuing a warning letter the most of the unbracketed numbers did not Chemicals, Inc., Civil Action No. 2:08-
appropriate response to the breach. cv-04216.
reveal the BPI of any specific company.
These mitigating circumstances In this action the United States seeks
The bracketed average unit values were
included the attorney's prompt remedial reimbursement of response costs
calculated using the BPI for more than incurred by EPA for response actions at
action, her curing of the breach before three companies, and the identity of
unauthorized persons viewed the BPI, the Chemsol, Inc. Superfund Site
specific respondents was not disclosed (``Site'') in Piscataway Township,
and her prompt report of the incident to publicly. Furthermore, it was unclear
the Commission. Furthermore, the Middlesex County, New Jersey, and
precisely what data were used to performance of studies and response
attorney's breach was unintentional and calculate the unit values. Therefore, it
was her first breach within the past two work at the Site consistent with the
was impossible to back out the actual National Contingency Plan, 40 CFR Part
years. Finally, the firm adopted a new numbers or information of any
procedure where the lead attorney 300, pursuant to Sections 106 and 107
individual company. of the Comprehensive Environmental,
personally checks the service list against Case 3: The Commission determined
the most current service list on the Response, Compensation, and Liability
that attorneys did not breach the APO Act, 42 U.S.C. 9606 and 9607
Commission's Web site to ensure that a by inadvertently serving a confidential
similar breach does not occur in the (``CERCLA''). The Consent Decree
version of a motion on counsel for a law provides that the new settlors will
future. firm not included in the APO.
There were three investigations in financially contribute to and perform
Although the motion was designated work at the Site together with a group
which no breach was found: ``Confidential,'' the motion did not
Case 1: The Commission determined of potentially responsible parties that
contain CBI. The purportedly resolved their liability to the United
that two attorneys and an economic
confidential material in the motion States in 2000 in a Consent Decree. The
consultant did not breach the APO
when, in their final comments, they consisted of a series of quotes from the value of this settlement is estimated at
failed to bracket certain information that confidential version of the Commission approximately $3.1 million, of which
had been identified by the Office of the opinion. At the time of the motion's $380.170.83 will be paid to EPA for
Secretary as BPI. The Commission also filing, no public version of the opinion unreimbursed response costs, and
found that the same individuals did not was available, which led attorneys at the $95,747.14 will be paid to the State of
breach the APO when they failed to firm in question to designate the motion New Jersey for the State's Natural
redact certain information contained in as ``Confidential'' out of an abundance Resource Damages caused by the release
brackets in the public version of the of caution. However, a review of the of hazardous substances at the Site.
final comments filed with the confidential and public versions of the The Department of Justice will receive
Commission. Commission opinion revealed that for a period of thirty (30) days from the
The Commission found that the two although the confidential version of the date of this publication comments
sets of information in question were opinion did contain CBI, the material relating to the Consent Decree.
publicly available and the failure to quoted in the motion did not include Comments should be addressed to the
bracket and to redact did not constitute confidential information. The law firm Assistant Attorney General,
breaches. The information that was in question also took prompt remedial Environment and Natural Resources
contained in brackets but was not measures to request the destruction of Division, and either e-mailed to
redacted in the public version of the all copies of the motion and modified pubcomment-ees.enrd@usdoj.gov or
final comments was information that their policies for service in the mailed to P.O. Box 7611, U.S.
was derived from a subscription service investigation to ensure APO Department of Justice, Washington, DC
report that was maintained as compliance. 200447611, and should refer to United
mstockstill on PROD1PC66 with NOTICES
confidential in the Commission's staff As no CBI was disclosed, the States v. Air Products and Chemicals, et
report. In this case, however, prior to Commission found no breach of the al., D.J. Ref. 9011306104/3.
the issuance of the staff report, the law APO, but did caution the attorneys The Consent Decree may be examined
firm in question and another party had involved to be more careful in handling at the Office of the United States
filed the same subscription service material designated as confidential. Attorney, Federal Building, 7th Floor,
report with the Commission. Thus, the By order of the Commission. 970 Broad Street, Newark, New Jersey,
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51850 Federal Register / Vol. 73, No. 173 / Friday, September 5, 2008 / Notices
and at U.S. EPA Region 2, 290 No other changes have been made in Under this solicitation, DOL will be
Broadway, New York, NY 100078. either the membership or planned awarding grants to faith-based and
During the public comment period, the activity of the group research project. community organizations (FBCOs) to
Consent Decree, may also be examined Membership in this group research provide post-release services primarily
on the following Department of Justice project remains open, and OMA intends to the prisoners provided pre-release
Web site, http://www.usdoj.gov/enrd/ to file additional written notifications services under the DOJ grant in urban
Consent_Decrees.html. A copy of the disclosing all changes in membership. communities within the target counties.
Consent Decree may also be obtained by On March 18, 1998, OMA filed its This competition is limited to FBCOs
mail from the Consent Decree Library, original notification pursuant to Section operating within the target county(ies)
P.O. Box 7611, U.S. Department of 6(a) of the Act. The Department of identified in each DOJ grant. The
Justice, Washington, D.C. 200447611 or Justice published a notice in the Federal following is the list of target counties
by faxing or e-mailing a request to Tonia Register pursuant to Section 6(b) of the that received a DOJ PRI grant this
Fleetwood (tonia.fleetwood@usdoj.gov), Act on December 31, 1998 (63 FR spring:
fax no. (202) 5140097, phone 72333). 1. Jefferson County, AL
confirmation number (202) 5141547. In The last notification was filed with
2. Maricopa County, AZ
requesting a copy from the Consent the Department on April 25, 2008. A
notice was published in the Federal 3. Los Angeles County, CA
Decree Library, please enclose a check
Register pursuant to Section 6(b) of the 4. Denver County, CO
in the amount of $ 66.50 (25 cents per
Act on June 27, 2008 (73 FR 36569). 5. Fairfield County, CT
page reproduction cost) payable to the
U.S. Treasury or, if by e-mail or fax, 6. New Castle County, DE
Patricia A. Brink, 7. Cook County, IL
forward a check in that amount to the
Deputy Director of Operations, Antitrust 8. Allen County, IN
Consent Decree Library at the stated Division.
address. 9. Caddo and Bossier Parishes, LA *
[FR Doc. E820566 Filed 9408; 8:45 am] 10. Baltimore County, MD
Ronald G. Gluck, BILLING CODE 441011M 11. Genessee County, MI
Assistant Chief, Environmental Enforcement 12. Greene County, MO
Section, Environment and Natural Resources 13. Clarke County, NV
Division. DEPARTMENT OF LABOR 14. Mercer County, NJ
[FR Doc. E820536 Filed 9408; 8:45 am] 15. Erie County, NY
BILLING CODE 441015P Employment and Training 16. Tulsa County, OK
Administration 17. Philadelphia County, PA
Notice of Availability of Funds and 18. Davidson County, TN
DEPARTMENT OF JUSTICE
Solicitation for Grant Applications 19. Milwaukee, WI
Antitrust Division (SGA) for Prisoner Re-entry Initiative DOL expects that each of the 19
Grants awardees will serve at least 100
Notice Pursuant to the National returning prisoners during the first year
Cooperative Research and Production Announcement Type: Notice for of this initiative. FBCOs applying for
Act of 1993--Open Mobile Alliance Solicitation for Grant Applications. these grants will identify as part of their
Funding Opportunity Number: SGA/ application the need in the community
Notice is hereby given that, on July DFA PY0803.
25, 2008, pursuant to Section 6(a) of the that they plan to serve; their plan for
Catalog of Federal Domestic
National Cooperative Research and serving released prisoners; and their
Assistance (CFDA) Number: 17.261.
Production Act of 1993, 15 U.S.C. 4301 Key Dates: The closing date for receipt partnerships with the criminal justice
et seq. (``the Act''), the Open Mobile of applications under this system, local Workforce Investment
Alliance (``OMA'') filed written announcement is (OGCM will insert; Board, housing authority, and mental
notifications simultaneously with the approximately 60 days). Applications health and substance abuse treatment
Attorney General and the Federal Trade must be received no later than 4 p.m. providers.
Commission disclosing changes in its (Eastern Time). Application and ADDRESSES: Mailed applications must be
membership. The notifications were Submission information is explained in addressed to the U.S. Department of
filed for the purpose of extending the detail in Section IV of this SGA. Labor, Employment and Training
Act's provisions limiting the recovery of SUMMARY: The President's Prisoner Re- Administration, Division of Federal
antitrust plaintiffs to actual damages entry Initiative (PRI) seeks to strengthen Assistance, Attention: Jeannette
under specified circumstances. urban communities characterized by Flowers, Reference SGA/DFA PY 0803,
Specifically, Beijing InfoThunder large numbers of returning prisoners 200 Constitution Avenue, NW., Room
Technology Ltd., XiCheng District, through an employment-centered N4716, Washington, DC 20210.
Beijing, PEOPLE'S REPUBLIC OF program that incorporates mentoring, Telefacsimile (FAX) applications will
CHINA; InfoComm Development job training, and other comprehensive not be accepted. Information about
Authority of Singapore, SINGAPORE; transitional services. This program is a applying online can be found in Section
Nil Holdings, Inc., Reston, VA; joint effort of the Department of Justice IV (C) of this document. Applicants are
Semiconductores Investigacion Y (DOJ) and the Department of Labor advised that mail delivery in the
Diseno S.A., Madrid, SPAIN; Simartis (DOL) designed to reduce recidivism by Washington area may be delayed due to
Telecom SRL, Bucharest, ROMANIA; helping inmates find work when they mail decontamination procedures. Hand
Ubipart Ltd., Helsinki, FINLAND; and return to their communities, as part of delivered proposals will be received at
mstockstill on PROD1PC66 with NOTICES
WINIT Inc., Daejeon, REPUBLIC OF an effort to build a life in the the above address.
KOREA, have been added as parties to community for everyone. This spring, SUPPLEMENTARY INFORMATION:
this venture. Also, Reigncom Ltd., DOJ awarded PRI grants to 19 State
Gangnamngu, Seoul, REPUBLIC OF correctional agencies to provide pre- * In this instance, the urban area stretches further
KOREA has withdrawn as a party to this release services to prisoners returning to than one county so applicants operating in one or
venture. one targeted county within the State. both counties are permissible.
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