38468 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 

1No response to this request for information is 

required if a currently valid Office of Management 

and Budget (OMB) number is not displayed; the 

OMB number is 3117–0016/USITC No. 09–5–202, 

expiration date June 30, 2011. Public reporting 

burden for the request is estimated to average 15 

hours per response. Please send comments 

regarding the accuracy of this burden estimate to 

the Office of Investigations, U.S. International Trade 

Commission, 500 E Street, SW., Washington, DC 

20436. 

beyond. The St. Lawrence River and its 

tributaries were continually used as part 

of Native American hunting and fishing 

grounds. During the French and Indian 

War, Native Americans who occupied 

the Oswegatchie River region 

(Oswegatchie is a tributary of the St. 

Lawrence River), which included the 

Oneida, Mohawk, Cayuga, and 

Onondaga, were dislocated as a result of 

the war. Many Native Americans were 

forced to abandon their settlements, 

which included the abandonment of La 

Presentation in 1759. Many Iroquoian 

families were forced to migrate to 

present-day St. Regis where they were 

adopted by the Mohawk. Consultation 

with tribal representatives of the 

Mohawks of Akwesasne (which is 

composed of the Saint Regis Mohawk 

Tribe, New York; Mohawk Council of 

Akwesasne; and Mohawk Nation 

Council of Chiefs) provided additional 

lines of evidence. 

Through ongoing consultation with 

Native American groups and Lauren 

French, examination of the human 

remains, and review of the available 

literature, officials of St. Lawrence 

University have determined that the 

human remains are Native American 

and most likely share common 

Iroquoian identity with the Cayuga 

Nation of New York; Oneida Nation of 

New York; Oneida Tribe of Indians of 

Wisconsin; Onondaga Nation of New 

York; and the Mohawks of Akwesasne 

(which is composed of the Saint Regis 

Mohawk Tribe, New York; Mohawk 

Council of Akwesasne; and Mohawk 

Nation Council of Chiefs). 

Officials of the St. Lawrence 

University, Department of Anthropology 

have determined that, pursuant to 25 

U.S.C. 3001 (9–10), the human remains 

described above represents the physical 

remains of one individual of Native 

American ancestry. Officials of the St. 

Lawrence University, Department of 

Anthropology have determined that, 

pursuant to 25 U.S.C. 3001 (2), there is 

a relationship of shared group identity 

that can be reasonably traced between 

the Native American human remains 

and the Cayuga Nation of New York; 

Oneida Nation of New York; Oneida 

Tribe of Indians of Wisconsin; 

Onondaga Nation of New York; and 

Saint Regis Mohawk Tribe, New York. 

Lastly, officials of the St. Lawrence 

University, Department of Anthropology 

have determined that there is a cultural 

relationship between the human 

remains and the Mohawk Council of 

Akwesasne and Mohawk Nation 

Council of Chiefs. 

Representatives of any other Indian 

tribe that believes itself to be culturally 

affiliated with the human remains 

should contact Dr. Richard A. Gonzalez, 

Department of Anthropology, St. 

Lawrence University, Canton, NY 

13617, telephone (315) 229–5745, before 

September 2, 2009. Repatriation of the 

human remains to the Cayuga Nation of 

New York; Oneida Nation of New York; 

Oneida Tribe of Indians of Wisconsin; 

Onondaga Nation of New York; and 

Saint Regis Mohawk Tribe, New York 

(which also represents the Mohawk 

Council of Akwesasne and the Mohawk 

Nation Council of Chiefs), may proceed 

after that date if no additional claimants 

come forward. 

St. Lawrence University is responsible 

for notifying the Cayuga Nation of New 

York; Oneida Nation of New York; 

Oneida Tribe of Indians of Wisconsin; 

Onondaga Nation of New York; Saint 

Regis Mohawk Tribe, New York; 

Mohawk Council of Akwesasne; and 

Mohawk Nation Council of Chiefs that 

this notice has been published. 

Dated: July 14, 2009. 

Sherry Hutt, 

Manager, National NAGPRA Program. 

[FR Doc. E9–17666 Filed 7–31–09; 8:45 am] 

BILLING CODE 4312–50–M 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 731–TA–208 (Third 

Review)] 

Barbed Wire and Barbless Wire Strand 

From Argentina 

AGENCY: United States International 

Trade Commission. 

ACTION: Institution of a five-year review 

concerning the antidumping duty order 

on barbed wire and barbless wire strand 

from Argentina. 

SUMMARY: The Commission hereby gives 

notice that it has instituted a review 

pursuant to section 751(c) of the Tariff 

Act of 1930 (19 U.S.C. 1675(c)) (the Act) 

to determine whether revocation of the 

antidumping duty order on barbed wire 

and barbless wire strand from Argentina 

would be likely to lead to continuation 

or recurrence of material injury. 

Pursuant to section 751(c)(2) of the Act, 

interested parties are requested to 

respond to this notice by submitting the 

information specified below to the 

Commission; 1 to be assured of 

consideration, the deadline for 

responses is September 2, 2009. 

Comments on the adequacy of responses 

may be filed with the Commission by 

October 19, 2009. For further 

information concerning the conduct of 

this review 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, D, E, and 

F (19 CFR part 207), as most recently 

amended at 74 FR 2847 (January 16, 

2009). 

DATES: Effective Date: August 3, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Mary Messer (202–205–3193), Office of 

Investigations, U.S. International Trade 

Commission, 500 E Street, SW., 

Washington, DC 20436. Hearingimpaired 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 

this review may be viewed on the 

Commission’s electronic docket (EDIS) 

at http://edis.usitc.gov. 

SUPPLEMENTARY INFORMATION: 

Background.—On November 13, 1985, 

the Department of Commerce issued an 

antidumping duty order on imports of 

barbed wire and barbless wire strand 

from Argentina (50 FR 46808). 

Following five-year reviews by 

Commerce and the Commission, 

effective May 12, 1999, Commerce 

issued a continuation of the 

antidumping duty order on imports of 

barbed wire and barbless fencing wire 

from Argentina (64 FR 42653). 

Following second five-year reviews by 

Commerce and the Commission, 

effective September 20, 2004, Commerce 

issued a continuation of the 

antidumping duty order on imports of 

barbed wire and barbless fencing wire 

from Argentina (69 FR 56190). The 

Commission is now conducting a third 

review to determine whether revocation 

of the order would be likely to lead to 

continuation or recurrence of material 

injury to the domestic industry within 

a reasonably foreseeable time. It will 

assess the adequacy of interested party 

responses to this notice of institution to 

determine whether to conduct a full 


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Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 38469 

review or an expedited review. The 

Commission’s determination in any 

expedited review will be based on the 

facts available, which may include 

information provided in response to this 

notice. 

Definitions.—The following 

definitions apply to this review: 

(1) Subject Merchandise is the class or 

kind of merchandise that is within the 

scope of the five-year review, as defined 

by the Department of Commerce. 

(2) The Subject Country in this review 

is Argentina. 

(3) The Domestic Like Product is the 

domestically produced product or 

products which are like, or in the 

absence of like, most similar in 

characteristics and uses with, the 

Subject Merchandise. In its original 

determination and in its expedited first 

and second five-year review 

determinations, the Commission 

defined the Domestic Like Product as 

barbed wire and barbless wire strand, 

consistent with Commerce’s sope. 

(4) The Domestic Industry is the U.S. 

producers as a whole of the Domestic 

Like Product, or those producers whose 

collective output of the Domestic Like 

Product constitutes a major proportion 

of the total domestic production of the 

product. In its original determination 

and in its expedited first and second 

five-year review determinations, the 

Commission defined the Domestic 

Industry as producers of barbed wire 

and barbless wire strand. 

(5) An Importer is any person or firm 

engaged, either directly or through a 

parent company or subsidiary, in 

importing the Subject Merchandise into 

the United States from a foreign 

manufacturer or through its selling 

agent. 

Participation in the review 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 review as parties must 

file an entry of appearance with the 

Secretary to the Commission, as 

provided in section 201.11(b)(4) of the 

Commission’s rules, no later than 21 

days after publication of this notice in 

the Federal Register. The Secretary will 

maintain a public service list containing 

the names and addresses of all persons, 

or their representatives, who are parties 

to the review. 

Former Commission employees who 

are seeking to appear in Commission 

five-year reviews are advised that they 

may appear in a review even if they 

participated personally and 

substantially in the corresponding 

underlying original investigation. The 

Commission’s designated agency ethics 

official has advised that a five-year 

review is not considered the ‘‘same 

particular matter’’ as the corresponding 

underlying original investigation for 

purposes of 18 U.S.C. 207, the post 

employment statute for Federal 

employees, and Commission rule 

201.15(b)(19 CFR 201.15(b)), 73 FR 

24609 (May 5, 2008). This advice was 

developed in consultation with the 

Office of Government Ethics. 

Consequently, former employees are not 

required to seek Commission approval 

to appear in a review under Commission 

rule 19 CFR 201.15, even if the 

corresponding underlying original 

investigation was pending when they 

were Commission employees. For 

further ethics advice on this matter, 

contact Carol McCue Verratti, Deputy 

Agency Ethics Official, at 202–205– 

3088. 

Limited disclosure of business 

proprietary information (BPI) under an 

administrative protective order (APO) 

and APO service list.—Pursuant to 

section 207.7(a) of the Commission’s 

rules, the Secretary will make BPI 

submitted in this review available to 

authorized applicants under the APO 

issued in the review, provided that the 

application is made no later than 21 

days after publication of this notice in 

the Federal Register. Authorized 

applicants must represent interested 

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

who are parties to the review. A 

separate service list will be maintained 

by the Secretary for those parties 

authorized to receive BPI under the 

APO. 

Certification.—Pursuant to section 

207.3 of the Commission’s rules, any 

person submitting information to the 

Commission in connection with this 

review must certify that the information 

is accurate and complete to the best of 

the submitter’s knowledge. In making 

the certification, the submitter will be 

deemed to consent, unless otherwise 

specified, for the Commission, its 

employees, and contract personnel to 

use the information provided in any 

other reviews or investigations of the 

same or comparable products which the 

Commission conducts under Title VII of 

the Act, or in internal audits and 

investigations relating to the programs 

and operations of the Commission 

pursuant to 5 U.S.C. Appendix 3. 

Written submissions.—Pursuant to 

section 207.61 of the Commission’s 

rules, each interested party response to 

this notice must provide the information 

specified below. The deadline for filing 

such responses is September 2, 2009. 

Pursuant to section 207.62(b) of the 

Commission’s rules, eligible parties (as 

specified in Commission rule 

207.62(b)(1)) may also file comments 

concerning the adequacy of responses to 

the notice of institution and whether the 

Commission should conduct an 

expedited or full review. The deadline 

for filing such comments is October 19, 

2009. All written submissions must 

conform with the provisions of sections 

201.8 and 207.3 of the Commission’s 

rules and any submissions that contain 

BPI must also conform with the 

requirements of sections 201.6 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). Also, 

in accordance with sections 201.16(c) 

and 207.3 of the Commission’s rules, 

each document filed by a party to the 

review must be served on all other 

parties to the review (as identified by 

either the public or APO service list as 

appropriate), and a certificate of service 

must accompany the document (if you 

are not a party to the review you do not 

need to serve your response). 

Inability to provide requested 

information.—Pursuant to section 

207.61(c) of the Commission’s rules, any 

interested party that cannot furnish the 

information requested by this notice in 

the requested form and manner shall 

notify the Commission at the earliest 

possible time, provide a full explanation 

of why it cannot provide the requested 

information, and indicate alternative 

forms in which it can provide 

equivalent information. If an interested 

party does not provide this notification 

(or the Commission finds the 

explanation provided in the notification 

inadequate) and fails to provide a 

complete response to this notice, the 

Commission may take an adverse 

inference against the party pursuant to 

section 776(b) of the Act in making its 

determination in the review. 

Information to be provided in 

response to this Notice of Institution: As 

used below, the term ‘‘firm’’ includes 

any related firms. 

(1) The name and address of your firm 

or entity (including World Wide Web 

address) and name, telephone number, 

fax number, and E-mail address of the 

certifying official. 

(2) A statement indicating whether 

your firm/entity is a U.S. producer of 

the Domestic Like Product, a U.S. union 

or worker group, a U.S. importer of the 

Subject Merchandise, a foreign producer 

or exporter of the Subject Merchandise, 

a U.S. or foreign trade or business 

association, or another interested party 

(including an explanation). If you are a 


sroberts on DSKD5P82C1PROD with NOTICES
38470 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 

union/worker group or trade/business 

association, identify the firms in which 

your workers are employed or which are 

members of your association. 

(3) A statement indicating whether 

your firm/entity is willing to participate 

in this review by providing information 

requested by the Commission. 

(4) A statement of the likely effects of 

the revocation of the antidumping duty 

order on the Domestic Industry in 

general and/or your firm/entity 

specifically. In your response, please 

discuss the various factors specified in 

section 752(a) of the Act (19 U.S.C. 

1675a(a)) including the likely volume of 

subject imports, likely price effects of 

subject imports, and likely impact of 

imports of Subject Merchandise on the 

Domestic Industry. 

(5) A list of all known and currently 

operating U.S. producers of the 

Domestic Like Product. Identify any 

known related parties and the nature of 

the relationship as defined in section 

771(4)(B) of the Act (19 U.S.C. 

1677(4)(B)). 

(6) A list of all known and currently 

operating U.S. importers of the Subject 

Merchandise and producers of the 

Subject Merchandise in the Subject 

Country that currently export or have 

exported Subject Merchandise to the 

United States or other countries after 

2003. 

(7) A list of 3–5 leading purchasers in 

the U.S. market for the Domestic Like 

Product and the Subject Merchandise 

(including street address, World Wide 

Web address, and the name, telephone 

number, fax number, and E-mail address 

of a responsible official at each firm). 

(8) A list of known sources of 

information on national or regional 

prices for the Domestic Like Product or 

the Subject Merchandise in the U.S. or 

other markets. 

(9) If you are a U.S. producer of the 

Domestic Like Product, provide the 

following information on your firm’s 

operations on that product during 

calendar year 2008, except as noted 

(report quantity data in short tons and 

value data in U.S. dollars, f.o.b. plant). 

If you are a union/worker group or 

trade/business association, provide the 

information, on an aggregate basis, for 

the firms in which your workers are 

employed/which are members of your 

association. 

(a) Production (quantity) and, if 

known, an estimate of the percentage of 

total U.S. production of the Domestic 

Like Product accounted for by your 

firm’s(s’) production; 

(b) Capacity (quantity) of your firm to 

produce the Domestic Like Product (i.e., 

the level of production that your 

establishment(s) could reasonably have 

expected to attain during the year, 

assuming normal operating conditions 

(using equipment and machinery in 

place and ready to operate), normal 

operating levels (hours per week/weeks 

per year), time for downtime, 

maintenance, repair, and cleanup, and a 

typical or representative product mix); 

(c) the quantity and value of U.S. 

commercial shipments of the Domestic 

Like Product produced in your U.S. 

plant(s); 

(d) the quantity and value of U.S. 

internal consumption/company 

transfers of the Domestic Like Product 

produced in your U.S. plant(s); and 

(e) the value of (i) net sales, (ii) cost 

of goods sold (COGS), (iii) gross profit, 

(iv) selling, general and administrative 

(SG&A) expenses, and (v) operating 

income of the Domestic Like Product 

produced in your U.S. plant(s) (include 

both U.S. and export commercial sales, 

internal consumption, and company 

transfers) for your most recently 

completed fiscal year (identify the date 

on which your fiscal year ends). 

(10) If you are a U.S. importer or a 

trade/business association of U.S. 

importers of the Subject Merchandise 

from the Subject Country, provide the 

following information on your firm’s(s’) 

operations on that product during 

calendar year 2008 (report quantity data 

in short tons and value data in U.S. 

dollars). If you are a trade/business 

association, provide the information, on 

an aggregate basis, for the firms which 

are members of your association. 

(a) The quantity and value (landed, 

duty-paid but not including 

antidumping duties) of U.S. imports 

and, if known, an estimate of the 

percentage of total U.S. imports of 

Subject Merchandise from the Subject 

Country accounted for by your firm’s(s’) 

imports; 

(b) the quantity and value (f.o.b. U.S. 

port, including antidumping duties) of 

U.S. commercial shipments of Subject 

Merchandise imported from the Subject 

Country; and 

(c) the quantity and value (f.o.b. U.S. 

port, including antidumping duties) of 

U.S. internal consumption/company 

transfers of Subject Merchandise 

imported from the Subject Country. 

(11) If you are a producer, an exporter, 

or a trade/business association of 

producers or exporters of the Subject 

Merchandise in the Subject Country, 

provide the following information on 

your firm’s(s’) operations on that 

product during calendar year 2008 

(report quantity data in short tons and 

value data in U.S. dollars, landed and 

duty-paid at the U.S. port but not 

including antidumping duties). If you 

are a trade/business association, provide 

the information, on an aggregate basis, 

for the firms which are members of your 

association. 

(a) Production (quantity) and, if 

known, an estimate of the percentage of 

total production of Subject Merchandise 

in the Subject Country accounted for by 

your firm’s(s’) production; and 

(b) Capacity (quantity) of your firm to 

produce the Subject Merchandise in the 

Subject Country (i.e., the level of 

production that your establishment(s) 

could reasonably have expected to 

attain during the year, assuming normal 

operating conditions (using equipment 

and machinery in place and ready to 

operate), normal operating levels (hours 

per week/weeks per year), time for 

downtime, maintenance, repair, and 

cleanup, and a typical or representative 

product mix); and 

(c) the quantity and value of your 

firm’s(s’) exports to the United States of 

Subject Merchandise and, if known, an 

estimate of the percentage of total 

exports to the United States of Subject 

Merchandise from the Subject Country 

accounted for by your firm’s(s’) exports. 

(12) Identify significant changes, if 

any, in the supply and demand 

conditions or business cycle for the 

Domestic Like Product that have 

occurred in the United States or in the 

market for the Subject Merchandise in 

the Subject Country after 2003, and 

significant changes, if any, that are 

likely to occur within a reasonably 

foreseeable time. Supply conditions to 

consider include technology; 

production methods; development 

efforts; ability to increase production 

(including the shift of production 

facilities used for other products and the 

use, cost, or availability of major inputs 

into production); and factors related to 

the ability to shift supply among 

different national markets (including 

barriers to importation in foreign 

markets or changes in market demand 

abroad). Demand conditions to consider 

include end uses and applications; the 

existence and availability of substitute 

products; and the level of competition 

among the Domestic Like Product 

produced in the United States, Subject 

Merchandise produced in the Subject 

Country, and such merchandise from 

other countries. 

(13) (OPTIONAL) A statement of 

whether you agree with the above 

definitions of the Domestic Like Product 

and Domestic Industry; if you disagree 

with either or both of these definitions, 

please explain why and provide 

alternative definitions. 

Authority: This review is being conducted 

under authority of title VII of the Tariff Act 

of 1930; this notice is published pursuant to 

section 207.61 of the Commission’s rules. 


sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 38471 

By order of the Commission. 

Issued: July 27, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

William R. Bishop, 

Acting Secretary to the Commission. 

[FR Doc. E9–18186 Filed 7–31–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF JUSTICE 

[OMB Number 1105–0082] 

Civil Division; Agency Information 

Collection Activities: Revision of a 

Currently Approved Collection 

ACTION: 60-Day Notice of Information 

Collection Under Review: Annuity 

Broker Declaration Form. 

The Department of Justice (DOJ), Civil 

Division, will be submitting the 

following information collection request 

to the Office of Management and Budget 

(OMB) for review and approval in 

accordance with the Paperwork 

Reduction Act of 1995. The proposed 

information collection is published to 

obtain comments from the public and 

affected agencies. Comments are 

encouraged and will be accepted for 

‘‘sixty days’’ until October 2, 2009. This 

process is conducted in accordance with 

5 CFR 1320.10. 

If you have comments especially on 

the estimated public burden or 

associated response time, suggestions, 

or need a copy of the proposed 

information collection instrument with 

instructions or additional information, 

please contact Director, 

Communications Office, Civil Division, 

U.S. Department of Justice, Washington, 

DC 20530. 

Written comments and suggestions 

from the public and affected agencies 

concerning the proposed collection of 

information are encouraged. Your 

comments should address one or more 

of the following four points: 

—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 agencies 

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. 

Overview of This Information 

Collection 

(1) Type of Information Collection: 

Revision of a currently approved 

collection. 

(2) Title of the Form/Collection: 

Annuity Broker Qualification 

Declaration Form. 

(3) Agency form number, if any, and 

the applicable component of the 

Department sponsoring the collection: 

U.S. Department of Justice, Civil 

Division. 

(4) Affected public who will be asked 

or required to respond, as well as a brief 

abstract: Primary: Individuals. Abstract: 

This declaration is to be submitted 

annually to determine whether a broker 

meets the qualifications to be listed as 

an annuity broker pursuant to Section 

111015(b) of Public Law 107–273. 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond/reply: It is estimated that 300 

respondents will complete the form 

annually within approximately 1 hour. 

(6) An estimate of the total public 

burden (in hours) associated with the 

collection: The total estimated annual 

burden hours to complete the 

certification form is 300 hours. 

If additional information is required 

contact: Lynn Bryant, Department 

Clearance Officer, United States 

Department of Justice, Justice 

Management Division, Policy and 

Planning Staff, Patrick Henry Building, 

Suite 1600, 601 D Street, NW., 

Washington, DC 20530. 

Dated: July 28, 2009. 

Lynn Bryant, 

Department Clearance Officer, PRA, U.S. 

Department of Justice. 

[FR Doc. E9–18426 Filed 7–31–09; 8:45 am] 

BILLING CODE 4410–12–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Amendment to 

Consent Decrees Under the Clean 

Water Act 

Under 28 CFR 50.7, notice is hereby 

given that on July 28, 2009, the 

Department of Justice lodged with the 

United States District Court for the 

Southern District of Ohio a proposed 

First Amendment to the Interim Partial 

Consent Decree on Sanitary Sewer 

Overflows and Consent Decree on 

Combined Sewer Overflows, 

Wastewater Treatment Plants and 

Implementation of Capacity Assurance 

Program Plan (‘‘Global Decree’’), which 

were entered by the Court on June 9, 

2009 in United States and State of Ohio 

v. Board of County Commissioners of 

Hamilton County and the City of 

Cincinnati, Civil Action Nos. C–1–02– 

107 and C–1–02–108. The proposed 

First Amendment to the Consent 

Decrees conforms certain paragraphs of 

the Consent Decrees to the scheduling 

approach and certain other 

requirements set forth in the defendants’ 

Wet Weather Improvement Program 

(WWIP), which was developed pursuant 

to the Consent Decrees and 

conditionally approved by the United 

States, the State of Ohio, and the Ohio 

River Valley Water Sanitation 

Commission on June 5, 2009, subject to 

the Court’s approval of the proposed 

modifications to the Consent Decrees. 

The proposed First Amendment 

would change Paragraph IX.B of the 

Global Decree to allow a phased 

approach to the schedule for 

implementation of the program, instead 

of requiring a fixed end date for all 

projects specified in advance in the 

WWIP. The first phase of work is 

estimated to cost $1.145 billion (in 2006 

dollars) and, under the proposed First 

Amendment, must be completed by 

December 31, 2018. The WWIP and the 

First Amendment set forth the projects 

that must be completed in one or more 

subsequent stages and the process for 

establishing the remainder of the 

schedule, which must be as expeditious 

as practicable. The proposed First 

Amendment would also make a few 

technical and schedule changes to 

specific capital improvement projects 

required by the Consent Decrees. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the proposed First 

Amendment to the Consent Decrees. 

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 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. In either case, the 

comments should refer to United States 

et al. v. Board of County Commissioners 

of Hamilton County and the City of 

Cincinnati, D.J. Ref. 90–5–1–6–341A. 

The First Amendment to the Consent 

Decrees may be examined at the Office 

of the United States Attorney for the 

Southern District of Ohio, 221 E. 4th 


sroberts on DSKD5P82C1PROD with NOTICES