[Federal Register Volume 69, Number 204 (Friday, October 22, 2004)]
[Notices]
[Page 62078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23701]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Settlement Stipulation Under the
Comprehensive Environmental Response, Compensation and Liability Act
Notice is hereby given that on October 18, 2004, a proposed
Settlement Agreement in In re Federal-Mogul Global Corporation, et al.
Case No. 01-10578 (Bankr. D. Del.), was lodged with the United States
Bankruptcy Court for the District of Delaware.
During negotiations regarding this bankruptcy case, the United
States asserted that it has certain claims against the estates of two
debtors, Federal-Mogul Corporation and Federal-Mogul Ignition
Corporation. The proposed Settlement Agreement would resolve the claims
of the United States, and certain state and local governments, against
various debtors for the recovery of response costs, incurred at 14
sites, under Section 104(a) of the Comprehensive Environmental
Response, Compensation and Liability Act, as amended, 42 U.S.C.
9604(a), and analogous state statutes. In addition, the proposed
Settlement Agreement would permit governmental entities and other
settlers to resolve in due course any alleged liabilities of debtors at
58 listed ``Additional Sites'' or any other Additional Site (e.g., a
presently unknown site), whether prior to or following the effective
date of a confirmed reorganization plan. Any settlements reached or
judgments obtained regarding Additional Sites will be paid at the rate
at which general unsecured claims in the bankruptcy case will be paid.
Under Debtors' proposed Third Amended Joint Plan of Reorganization,
which is to be the subject of a confirmation hearing on December 9,
2004, that rate is 35%.
Under the proposed settlement, the United States will receive, on
behalf of the United States Environmental Protection Agency, allowed
secured claims for response costs respecting four Sites totaling
$213,080.46. In addition, the United States will receive allowed
general unsecured claims relating to two Sites (one of which is among
the four Sites with respect to which the United States also has a
secured claim) totaling $1,451,201.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the
proposed Settlement Agreement. 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 In re Federal-Mogul Global Corporation, DJ No. 90-
11-2-770/2.
The proposed Settlement Agreement may be examined at the Office of
the United States Attorney, District of Delaware, 1007 N. Orange
Street, Suite 700, Wilmington, Delaware 19801, and at the Region III
Office of the Environmental Protection Agency, 1650 Arch St.,
Philadelphia, Pennsylvania 19103. During the public comment period, the
Stipulation and Agreement may also be examined on the following
Department of Justice Web site, http://www.usdoj.gov/enrd/open.html. A
copy of the Stipulation and Agreement may 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 ([email protected]), 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 $23.25
(25 cents per page reproduction cost) payable to the U.S. Treasury. In
all correspondence, please refer to the case by its title and DOJ Ref
90-11-2-770/2.
Robert D. Brook,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 04-23701 Filed 10-21-04; 8:45 am]
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