61860 Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Notices 

accepted unless good cause is shown for 

accepting such submissions, or unless 

the submission is pursuant to a specific 

request by a Commissioner or 

Commission staff. 

In accordance with sections 201.16(c) 

and 207.3 of the Commission’s rules, 

each document filed by a party to the 

investigations must be served on all 

other parties to the investigations (as 

identified by either the public or BPI 

service list), and a certificate of service 

must be timely filed. The Secretary will 

not accept a document for filing without 

a certificate of service.

Authority: These investigations are being 

conducted under authority of title VII of the 

Tariff Act of 1930; this notice is published 

pursuant to section 207.21 of the 

Commission’s rules.

By order of the Commission.

Issued: October 18, 2004. 

Marilyn R. Abbott, 

Secretary to the Commission.

[FR Doc. 04–23612 Filed 10–20–04; 8:45 am] 

BILLING CODE 7020–02–P

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 731–TA–1071 and 1072 

(Final)] 

Magnesium From China and Russia

AGENCY: United States International 

Trade Commission.

ACTION: Scheduling of the final phase of 

antidumping investigations. 

SUMMARY: The Commission hereby gives 

notice of the scheduling of the final 

phase of antidumping investigations 

Nos. 731–TA–1071–1072 (Final) under 

section 735(b) of the Tariff Act of 1930 

(19 U.S.C. 201673d(b)) (the Act) to 

determine whether an industry in the 

United States is materially injured or 

threatened with material injury, or the 

establishment of an industry in the 

United States is materially retarded, by 

reason of less-than-fair-value imports of 

alloy magnesium from China and of 

pure and alloy magnesium from Russia, 

provided for in subheadings 8104.11.00, 

8104.19.00, and 8104.30.00 of the 

Harmonized Tariff Schedule of the 

United States. 

For further information concerning 

the conduct of this phase of these 

investigations, hearing procedures, and 

rules of general application, consult the 

Commission’s Rules of Practice and 

Procedure, part 201, subparts A through 

E (19 CFR part 201), and part 207, 

subparts A and C (19 CFR part 207).

DATES: Effective Date: October 4, 2004.

FOR FURTHER INFORMATION CONTACT:

Christopher J. Cassise (202–708–5408), 

Office of Investigations, U.S. 

International Trade Commission, 500 E 

Street, SW., Washington, DC 20436. 

Hearing-impaired persons can obtain 

information on this matter by contacting 

the Commission’s TDD terminal on 202–

205–1810. Persons with mobility 

impairments who will need special 

assistance in gaining access to the 

Commission should contact the Office 

of the Secretary at 202–205–2000. 

General information concerning the 

Commission may also be obtained by 

accessing its Internet server (http://

www.usitc.gov). The public record for 

these investigations may be viewed on 

the Commission’s electronic docket 

(EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 

Background 

The final phase of these investigations 

is being scheduled as a result of 

affirmative preliminary determinations 

by the Department of Commerce that 

imports of alloy magnesium from China 

and pure and alloy magnesium from 

Russia are being sold in the United 

States at less than fair value within the 

meaning of section 733 of the Act (19 

U.S.C. 1673b). The investigations were 

requested in a petition filed on February 

27, 2004, by U.S. Magnesium Corp., Salt 

Lake City, UT; the United Steelworkers 

of America, Local 8319, Salt Lake City, 

UT; and the Glass, Molders, Pottery, 

Plastics & Allied Workers International, 

Local 374, Long Beach, CA. 

Participation in the Investigations and 

Public Service List 

Persons, including industrial users of 

the subject merchandise and, if the 

merchandise is sold at the retail level, 

representative consumer organizations, 

wishing to participate in the final phase 

of these investigations as parties must 

file an entry of appearance with the 

Secretary to the Commission, as 

provided in section 201.11 of the 

Commission’s rules, no later than 21 

days prior to the hearing date specified 

in this notice. A party that filed a notice 

of appearance during the preliminary 

phase of the investigations need not file 

an additional notice of appearance 

during this final phase. The Secretary 

will maintain a public service list 

containing the names and addresses of 

all persons, or their representatives, 

who are parties to the investigations. 

Limited Disclosure of Business 

Proprietary Information (BPI) Under an 

Administrative Protetive Order (APO) 

and BPI Service List 

Pursuant to section 207.7(a) of the 

Commission’s rules, the Secretary will 

make BPI gathered in the final phase of 

these investigations available to 

authorized applicants under the APO 

issued in the investigations, provided 

that the application is made no later 

than 21 days prior to the hearing date 

specified in this notice. Authorized 

applicants must represent interested 

parties, as defined by 19 U.S.C. 1677(9), 

who are parties to the investigations. A 

party granted access to BPI in the 

preliminary phase of these 

investigations need not reapply for such 

access. A separate service list will be 

maintained by the Secretary for those 

parties authorized to receive BPI under 

the APO. 

Staff Report 

The prehearing staff report in the final 

phase of these investigations will be 

placed in the nonpublic record on 

February 8, 2005, and a public version 

will be issued thereafter, pursuant to 

section 207.22 of the Commission’s 

rules. 

Hearing 

The Commission will hold a hearing 

in connection with the final phase of 

these investigations beginning at 9:30 

a.m. on February 23, 2005, at the U.S. 

International Trade Commission 

Building. Requests to appear at the 

hearing should be filed in writing with 

the Secretary to the Commission on or 

before February 16, 2005. A nonparty 

who has testimony that may aid the 

Commission’s deliberations may request 

permission to present a short statement 

at the hearing. All parties and 

nonparties desiring to appear at the 

hearing and make oral presentations 

should attend a prehearing conference 

to be held at 9:30 a.m. on February 18, 

2005, at the U.S. International Trade 

Commission Building. Oral testimony 

and written materials to be submitted at 

the public hearing are governed by 

sections 201.6(b)(2), 201.13(f), and 

207.24 of the Commission’s rules. 

Parties must submit any request to 

present a portion of their hearing 

testimony in camera no later than 7 

days prior to the date of the hearing. 

Written Submissions 

Each party who is an interested party 

shall submit a prehearing brief to the 

Commission. Prehearing briefs must 

conform with the provisions of section 

207.23 of the Commission’s rules; the 

deadline for filing is February 15, 2005. 

Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Notices 61861

Parties may also file written testimony 

in connection with their presentation at 

the hearing, as provided in section 

207.24 of the Commission’s rules, and 

posthearing briefs, which must conform 

with the provisions of section 207.25 of 

the Commission’s rules. The deadline 

for filing posthearing briefs is March 2, 

2005; witness testimony must be filed 

no later than three days before the 

hearing. In addition, any person who 

has not entered an appearance as a party 

to the investigations may submit a 

written statement of information 

pertinent to the subject of the 

investigations, including statements of 

support or opposition to the petition, on 

or before March 2, 2005. On March 16, 

2005, the Commission will make 

available to parties all information on 

which they have not had an opportunity 

to comment. Parties may submit final 

comments on this information on or 

before March 18, 2005, but such final 

comments must not contain new factual 

information and must otherwise comply 

with section 207.30 of the Commission’s 

rules. 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). 

Additional written submissions to the 

Commission, including requests 

pursuant to section 201.12 of the 

Commission’s rules, shall not be 

accepted unless good cause is shown for 

accepting such submissions, or unless 

the submission is pursuant to a specific 

request by a Commissioner or 

Commission staff. 

In accordance with sections 201.16(c) 

and 207.3 of the Commission’s rules, 

each document filed by a party to the 

investigations must be served on all 

other parties to the investigations (as 

identified by either the public or BPI 

service list), and a certificate of service 

must be timely filed. The Secretary will 

not accept a document for filing without 

a certificate of service.

Authority: These investigations are being 

conducted under authority of title VII of the 

Tariff Act of 1930; this notice is published 

pursuant to section 207.21 of the 

Commission’s rules.

Issued: October 18, 2004.

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission.

[FR Doc. 04–23613 Filed 10–20–04; 8:45 am] 

BILLING CODE 7020–02–P

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree, 

Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

Notice is hereby given that on October 

6, 2004, a proposed Consent Decree in 

United States and the State of Colorado

v. Asarco, Inc., an action for injunctive 

relief and the reimbursement of 

response costs pursuant to the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (‘‘CERCLA’’), 42 U.S.C. 9601 et seq., 

was lodged with the United States 

District Court for the District of 

Colorado, Civil Action No. 04–RB–2070 

(CBS). 

In this action, the United States and 

the State of Colorado sought injunctive 

relief to require defendant to perform 

certain remedial actions at the Vasquez 

Boulevard/Interstate 70 Superfund Site, 

located in Denver, Colorado, and to 

reimburse the United States and the 

State of Colorado for response costs 

incurred at the Site. Pursuant to the 

proposed Consent Decree, Asarco will 

remove and dispose of contaminated 

soils from 100 residential properties 

within the Site, and reimburse the 

United States and the State of Colorado 

for future response costs incurred at the 

Site. 

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, 

Environmental and Natural Resources 

Division, PO Box 7611, U.S. Department 

of Justice, Washington, DC 20044–7611, 

and should refer to United States and 

the State of Colorado v. Asarco, Inc.,

D.J. Ref. DJ# 90–11–3–138/7. 

The Consent Decree may be examined 

at U.S. EPA Region 8, 999 18th Street, 

Suite 500, Denver, Colorado, 80202. 

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/

open.html. A copy of the Consent 

Decree may also be obtained by mail 

from the Consent Decree Library, PO 

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 

made payable to the United States 

Treasury in the amount of $10.25 for the 

Consent Decree only or $109.75 for the 

Consent Decree plus Appendices (25 

cents per page reproduction cost).

Robert Brook, 

Assistant Chief, Environmental Enforcement 

Section, Environmental and Natural 

Resources Division, United States Department 

of Justice.

[FR Doc. 04–23498 Filed 10–20–04; 8:45 am] 

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree 

Under the Comprehensive 

Environmental Response, 

Compensation and Liability Act 

Notice is hereby given that on 

September 29, 2004, a proposed Consent 

Decree in United States of America, The 

State of New Mexico, and The New 

Mexico Office of Natural Resources 

Trustee v. The Burlington Northern and 

Santa Fe Railway Company, Civil 

Action No. CIV–04–1101 JH RHS, was 

lodged with the United States District 

Court for the District of New Mexico. 

In this action the United States, on 

behalf of the United States Department 

of the Interior, the United States Fish 

and Wildlife Service (‘‘DOI’’), and the 

Attorney General of the State of New 

Mexico, on its own behalf and on behalf 

of The State of New Mexico and The 

New Mexico Office of Natural Resources 

Trustee (‘‘NMONRT’’), sought damages 

from The Burlington Northern and 

Santa Fe Railway Company (‘‘BNSF’’) 

for injury to, destruction and loss of 

natural resources, under Section 107(a) 

of the Comprehensive Environmental 

Response, Compensation and Liability 

Act of 1980, 42 U.S.C. 9607(a), resulting 

from the release of hazardous 

substances from the AT & SF 

Albuquerque Superfund Site, located in 

Albuquerque, Bernalillo County, New 

Mexico. The Complaint alleges that 

hazardous substances, including PCP, 

zinc chloride, creosote and its 

constituents, were released from a wood 

treatment plant owned and operated by 

Defendant BNSF’s predecessor to the 

environment, resulting in injury to 

wildlife habitat and groundwater 

resources. The Consent Decree provides 

for BNSF to pay a total of $1.09 million 

to resolve the claims alleged in the 

Complaint. The Consent Decree also 

resolves BNSF’s claim that the Federal 

government is partially responsible for