Federal Register / Vol. 76, No. 34 / Friday, February 18, 2011 / Notices 9609 

from raising in this proceeding 

‘‘arguments regarding the asserted 

discrepancy between the questionnaire 

responses and the staff’s finding that the 

Mexican producers reported theoretical 

capacity,’’ finding that U.S. Steel failed 

to exhaust its administrative remedies 

before the Commission. Panel Opinion 

at 25. 

Nonetheless, the Panel remanded the 

Commission’s determination so that the 

Commission could take into account 

Procarsa’s revised foreign producers’ 

questionnaire response and re-consider 

its cumulation and likely injury analysis 

for Mexico in light of the revised 

response. Specifically, the Panel 

indicated that the Commission should 

consider the revised data in light of its 

potential impact on the Commission’s 

analysis of the Mexican industry’s home 

market orientation, its capacity trends, 

and the presence of Mexican imports in 

the U.S. market. The Panel noted that 

the revised data did not affect the 

Commission’s finding concerning 

Procarsa’s product range during the 

period. 

Participation in the proceeding.— 

Only those persons who were interested 

parties that participated in the review 

(i.e., persons listed on the Commission 

Secretary’s service list) and also parties 

to the NAFTA panel proceeding may 

participate in the remand proceeding. 

Such persons need not make any 

additional filings with the Commission 

to participate in the remand proceeding, 

unless they are adding new individuals 

to the list of persons entitled to receive 

business proprietary information under 

administrative protective order. 

Business proprietary information (‘‘BPI’’) 

referred to during the remand 

proceeding will be governed, as 

appropriate, by the administrative 

protective order issued in the review. 

Written Submissions.—The 

Commission is reopening the record in 

this proceeding for the sole purpose of 

accepting Procarsa’s revised foreign 

producers’ questionnaire response into 

the record. It will not otherwise accept 

the submission of new factual 

information for the record. The 

Commission will permit the parties to 

file comments concerning the new 

factual information submitted on the 

record during the remand proceeding. 

Those comments should be limited 

solely to the issue of whether and how 

the data contained in Procarsa’s revised 

foreign producer’s questionnaire will 

affect the Commission’s cumulation and 

likely injury findings for Mexico, 

including its findings relating to the 

Mexican industry’s home market 

orientation, its capacity trends, and the 

presence of Mexican imports in the U.S. 

market. The parties may not use this 

opportunity to comment on any other 

issue, including any ‘‘asserted 

discrepancy between the questionnaire 

responses and the staff’s finding that the 

Mexican producers reported theoretical 

capacity.’’ Panel Opinion at 25. 

The comments must be based solely 

on the information in the Commission’s 

record. The Commission will reject 

submissions containing additional 

factual information or arguments 

pertaining to issues other than those on 

which the Panel has remanded this 

matter. The deadline for filing 

comments is March 8, 2011. Comments 

shall be limited to no more than twenty 

(20) double-spaced and single-sided 

pages of textual material. 

All written submissions must conform 

with the provisions of section 201.8 of 

the Commission’s rules; any 

submissions that contain BPI must also 

conform with the requirements of 

sections 201.6, 207.3, and 207.7 of the 

Commission’s rules. The Commission’s 

rules do not authorize filing of 

submissions with the Secretary by 

facsimile or electronic means, except to 

the extent permitted by section 201.8 of 

the Commission’s rules, as amended, 67 

FR 68036 (November 8, 2002). 

In accordance with sections 201.16(c) 

and 207.3 of the Commission’s rules, 

each document filed by a party to this 

proceeding must be served on all other 

such parties, and a certificate of service 

must be timely filed. The Secretary will 

not accept a document for filing without 

a certificate of service. 

By order of the Commission. 

Issued: February 15, 2011. 

William R. Bishop, 

Hearings and Meetings Coordinator. 

[FR Doc. 2011–3766 Filed 2–17–11; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF JUSTICE 

Notice of Proposed Consent Decree 

Under the Clean Air Act 

Notice is hereby given that on 

February 14, 2011, a proposed Consent 

Decree in United States et al. v. Merced 

Power LLC, Civil Action No. 1:11-cv00241, was lodged with the United 

States District Court for the Eastern 

District of California. 

The Consent Decree in this Clean Air 

Act enforcement action resolves 

allegations by the Environmental 

Protection Agency and the San Joaquin 

Valley Unified Air Pollution Control 

District (‘‘District’’), asserted in a 

complaint filed together with the 

Consent Decree, under Section 113(b) of 

the Clean Air Act, 42 U.S.C. 7413(b), for 

alleged environmental violations at 

defendant’s biomass electric generating 

facilities in Merced, California. The 

violations include, among others, a 

failure to: Comply with numerous 

conditions contained in Federally 

enforceable permits issued for the 

facility, including those related to 

emissions of pollutants; install and 

operate required pollution control 

technology; undertake periodic 

equipment testing; and to submit 

required reports. The proposed Consent 

Decree would require defendant to 

install additional emissions monitoring 

equipment at their facility, pay a total of 

$492,000 in civil penalties to the United 

States and the District, and comply with 

permit conditions or face stipulated 

penalties during approximately two 

years following court approval of the 

consent decree. 

The Department of Justice will receive 

comments relating to the proposed 

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, 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 the 

matter as United States et al. v. Merced 

Power LLC, DOJ Ref. No. 90–5–2–1– 

09903. 

The proposed Consent Decree may be 

examined at the following Regional 

Office of the United States 

Environmental Protection Agency: 

Region 9, 75 Hawthorne Street, San 

Francisco, California 94105. The 

Consent Decree may also be examined at 

the Office of the United States Attorney, 

501 I Street, Suite 10–100, Sacramento, 

California 95814. 

During the public comment period, 

the proposed agreement may also be 

examined on the following Department 

of Justice Web site: http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. Copies of the 

proposed agreement 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 

from the Consent Decree Library a copy 

of the consent decree, please enclose a 

check payable to the U.S. Treasury in 

the amount of $14.50 (25 cents per page 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

9610 Federal Register / Vol. 76, No. 34 / Friday, February 18, 2011 / Notices 

reproduction cost) payable to the U.S. 

Treasury. 

Maureen Katz, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 2011–3671 Filed 2–17–11; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Notice of Proposed Consent Decree 

Under the Clean Air Act 

Notice is hereby given that on 

February 14, 2011, a proposed Consent 

Decree in United States et al. v. 

Ampersand Chowchilla Biomass, LLC, 

Civil Action No. 1:11–cv–00242, was 

lodged with the United States District 

Court for the Eastern District of 

California. 

The Consent Decree in this Clean Air 

Act enforcement action resolves 

allegations by the Environmental 

Protection Agency and the San Joaquin 

Valley Unified Air Pollution Control 

District (‘‘District’’), asserted in a 

complaint filed together with the 

Consent Decree, under Section 113(b) of 

the Clean Air Act, 42 U.S.C. 7413(b), for 

alleged environmental violations at 

defendant’s biomass electric generating 

facility in Madera, California. The 

violations include, among others, a 

failure to: Comply with numerous 

conditions contained in Federally 

enforceable permits issued for the 

facility, including those related to 

emissions of pollutants; install and 

operate required pollution control 

technology; undertake periodic 

equipment testing; and to submit 

required reports. The proposed Consent 

Decree would require defendant to 

install additional emissions monitoring 

equipment at their facility, pay a total of 

$343,000 in civil penalties to the United 

States and the District, and comply with 

permit conditions or face stipulated 

penalties during approximately two 

years following court approval of the 

consent decree. 

The Department of Justice will receive 

comments relating to the proposed 

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, 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 the 

matter as and United States et al. v. 

Ampersand Chowchilla Biomass LLC, 

DOJ Ref. No. 90–5–2–1–09874. 

The proposed Consent Decree may be 

examined at the following Regional 

Office of the United States 

Environmental Protection Agency: 

Region 9, 75 Hawthorne Street, San 

Francisco, California 94105. The 

Consent Decree may also be examined at 

the Office of the United States Attorney, 

501 I Street, Suite 10–100, Sacramento, 

California 95814. 

During the public comment period, 

the proposed agreement may also be 

examined on the following Department 

of Justice Web site: http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. Copies of the 

proposed agreement 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 

from the Consent Decree Library a copy 

of the consent decree, please enclose a 

check payable to the U.S. Treasury in 

the amount of $12.00 (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. 2011–3672 Filed 2–17–11; 8:45 am] 

BILLING CODE 4410–15–P 

NATIONAL FOUNDATION ON THE 

ARTS AND HUMANITIES 

National Endowment for the Arts; 

Submission of OMB Review: Comment 

Request 

The National Endowment for the Arts 

(NEA) has submitted the following 

public information collection request 

(ICR) to the Office of Management and 

Budget (OMB) for review and approval 

in accordance with the Paperwork 

Reduction Act of 1995 [Pub. L. 104–13, 

44 U.S.C. Chapter 35]. Copies of the ICR, 

with applicable supporting 

documentation, may be obtained by 

contacting Sunil Iyengar via telephone 

at 202–682–5654 (this is not a toll-free 

number) or e-mail at 

research@arts.endow.gov. Individuals 

who use a telecommunications device 

for the deaf (TTY/TDD) may call 202– 

682–5496 between 10 a.m. and 4 p.m. 

Eastern time, Monday through Friday. 

Comments should be sent to the 

Office of Information and Regulatory 

Affairs, Attn: OMB Desk Officer for the 

National Endowment for the Arts, Office 

of Management and Budget, Room 

10235, Washington, DC 20503, 202– 

395–7316, within 30 days from the date 

of this publication in the Federal 

Register. 

The Office of Management and Budget 

(OMB) is particularly interested in 

comments which: 

• Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

• Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information 

including the validity of the 

methodology and assumptions used; 

• Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

• Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques, or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

Agency: National Endowment for the 

Arts. 

Title: 2012 Survey of Public 

Participation in the Arts. 

OMB Number: New. 

Frequency: One Time. 

Affected Public: American adults. 

Estimated Number of Respondents: 

36,000. 

Estimated Time per Respondent: 10.0 

minutes. 

Total Burden Hours: 6,000 hours. 

Total Annualized Capital/Startup 

Costs: 0. 

Total Annual Costs (Operating/ 

Maintaining Systems or Purchasing 

Services): 0. 

Description: This request is for 

clearance of the 2012 Survey of Public 

Participation in the Arts (SPPA) to be 

conducted by the Census Bureau in May 

2012 as a supplement to the Bureau of 

Labor Statistic’s Current Population 

Survey. The SPPA is the field’s 

premiere repeated cross sectional survey 

of individual attendance and 

involvement in arts and cultural 

activity. The data are circulated to 

interested researchers, and they are the 

basis for a range of NEA reports and 

independent research publications. The 

SPPA provides primary knowledge on 

the extent and nature of participation in 

the arts in the United States. Earlier 

SPPA surveys were conducted in 1982, 

1985, 1992, 1997, 2002, and 2008, all of 

which were conducted by the Census 

Bureau except the 1997 study, which 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES