52972 Federal Register / Vol. 78, No. 166 / Tuesday, August 27, 2013 / Notices 

DEPARTMENT OF JUSTICE 

Re-Publication of Notice of Lodging of 

Proposed Third Amendment to 

Consent Decree Under the Clean Air 

Act 

On July 23, 2013, the Department of 

Justice lodged a proposed Third 

Amendment to the Consent Decree with 

the United States District Court for the 

Southern District of Illinois in the 

lawsuit entitled United States et al v. 

Lafarge North America et al, Civil 

Action No. 3:10–cv–44. Notice of 

lodging of the Proposed Third 

Amendment to the Consent Decree was 

first published in the Federal Register 

on July 26, 2013 (78 FR 45,272). We are 

re-publishing this notice to correct a 

typographical error in the Internet Web 

site address where the proposed Third 

Amendment can be accessed 

electronically. 

Following public notice and 

opportunity for public comment, on 

March 18, 2010 the Court entered a 

Consent Decree resolving certain 

violations of the federal Clean Air Act, 

42 U.S.C. 7401 et seq. by Lafarge North 

America, Lafarge Building Materials, 

and Lafarge Midwest (collectively, the 

‘‘Lafarge Companies’’) alleged by 

Plaintiff United States and PlaintiffIntervenors the State of Alabama, the 

State of Illinois, the State of Iowa, the 

State of Kansas, the State of Michigan, 

the State of Missouri, the State of New 

York, the State of Ohio, the 

Commonwealth of Pennsylvania 

Department of Environmental 

Protection, the South Carolina 

Department of Health and 

Environmental Control, the Washington 

State Department of Ecology, the 

Oklahoma Department of Environmental 

Quality, and the Puget Sound Clean Air 

Agency (collectively, ‘‘State Plaintiffs’’). 

The Court amended the Consent Decree 

on April 28, 2011 and again on October 

4, 2012. 

The United States, the State of New 

York, and the Lafarge Companies have 

agreed to further amend the Consent 

Decree to provide the Lafarge 

Companies with an extension of time of 

until July 1, 2016 to complete 

construction of a replacement kiln at the 

Ravena, New York cement plant in 

return for commitments by the Lafarge 

Companies set forth in the proposed 

Third Amendment to the Consent 

Decree. In general, those commitments 

by the Lafarge Companies are that 

beginning on January 1, 2013, the 

Lafarge Companies shall comply with 

stringent emission caps, specified 

herein, for sulfur dioxide and nitrogen 

oxides from the Ravena cement plant, 

and further that the Lafarge Companies 

shall fund emission reduction projects 

in the community surrounding the 

plant. 

The publication of this notice 

continues a period for public comment 

on the proposed Third Amendment to 

the Consent Decree that began on July 

26, 2013. Comments should be 

addressed to the Assistant Attorney 

General, Environment and Natural 

Resources Division, and should refer to 

United States et al v. Lafarge North 

America et al, D.J. Ref. No. 90–5–2–1– 

08221. All comments must be submitted 

no later than thirty (30) days after the 

publication date of this notice. 

Comments may be submitted either by 

email or by mail: 

To submit 

comments: Send them to: 

By e-mail ...... pubcommentees.enrd@usdoj.gov. 

By mail ......... Assistant Attorney General, 

U.S. DOJ—ENRD, P.O. 

Box 7611, Washington, 

D.C. 20044–7611. 

During the public comment period, 

the proposed Third Amendment to the 

Consent Decree may be examined and 

downloaded at this Justice Department 

Web site: http://www.usdoj.gov/enrd/ 

Consent_Decrees.html. We will provide 

a paper copy of the proposed Consent 

Decree upon written request and 

payment of reproduction costs. Please 

mail your request and payment to: 

Consent Decree Library, U.S. DOJ— 

ENRD, P.O. Box 7611, Washington, DC 

20044–7611. 

Please enclose a check or money order 

for $5.75 (25 cents per page 

reproduction cost) payable to the United 

States Treasury. For a paper copy 

without the exhibits and signature 

pages, the cost is $4.25. 

Maureen Katz, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2013–20830 Filed 8–26–13; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; Report on 

Occupational Employment and Wages 

ACTION: Notice. 

SUMMARY: The Department of Labor 

(DOL) is submitting the Bureau of Labor 

Statistics (BLS) sponsored information 

collection request (ICR) revision titled, 

‘‘Report on Occupational Employment 

and Wages,’’ to the Office of 

Management and Budget (OMB) for 

review and approval for use in 

accordance with the Paperwork 

Reduction Act (PRA) of 1995. 

DATES: Submit comments on or before 

September 26, 2013. 

ADDRESSES: A copy of this ICR with 

applicable supporting documentation; 

including a description of the likely 

respondents, proposed frequency of 

response, and estimated total burden 

may be obtained free of charge from the 

RegInfo.gov Web site at http://

www.reginfo.gov/public/do/

PRAViewICR?ref_nbr=201303-1220-001 

(this link will only become active on the 

day following publication of this notice) 

or by contacting Michel Smyth by 

telephone at 202–693–4129 (this is not 

a toll-free number) or sending an email 

to DOL_PRA_PUBLIC@dol.gov. 

Submit comments about this request 

to the Office of Information and 

Regulatory Affairs, Attn: OMB Desk 

Officer for DOL–BLS, Office of 

Management and Budget, Room 10235, 

725 17th Street NW., Washington, DC 

20503, Fax: 202–395–6881 (this is not a 

toll-free number), email: OIRA_

submission@omb.eop.gov. Commenters 

are encouraged, but not required, to 

send a courtesy copy of any comments 

to the U.S. Department of LaborOASAM, Office of the Chief Information 

Officer, Attn: Information Management 

Program, Room N1301, 200 Constitution 

Avenue NW., Washington, DC 20210, 

email: DOL_PRA_PUBLIC@dol.gov. 

FOR FURTHER INFORMATION CONTACT: 

Michel Smyth by telephone at 202–693– 

4129 (this is not a toll-free number) or 

by email at DOL_PRA_PUBLIC@dol.gov. 

SUPPLEMENTARY INFORMATION: The 

Occupational Employment Statistics 

(OES) survey is a Federal/State 

establishment survey of wage and salary 

workers designed to produce data on 

current detailed occupational 

employment and wages for each 

Metropolitan Statistical Area and 

Metropolitan Division as well as by 

detailed industry classification. OES 

survey data assist in the development of 

employment and training programs 

established by the Perkins Vocational 

Education Act of 1998 and the 

Workforce Investment Act of 1998. This 

ICR has been classified as a revision, 

because the OES Response Analysis 

Survey has been completed, allowing 

for its removal from the ICR, and a 

reduction in the OES sample as a result 

of the elimination of the Green Goods 

and Services survey. 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 166 / Tuesday, August 27, 2013 / Notices 52973 

This information collection is subject 

to the PRA. A Federal agency generally 

cannot conduct or sponsor a collection 

of information, and the public is 

generally not required to respond to an 

information collection, unless it is 

approved by the OMB under the PRA 

and displays a currently valid OMB 

Control Number. In addition, 

notwithstanding any other provisions of 

law, no person shall generally be subject 

to penalty for failing to comply with a 

collection of information that does not 

display a valid Control Number. See 5 

CFR 1320.5(a) and 1320.6. The DOL 

obtains OMB approval for this 

information collection under Control 

Number 1220–0042. The current 

approval is scheduled to expire on 

October 31, 2013; however, it should be 

noted that existing information 

collection requirements submitted to the 

OMB receive a month-to-month 

extension while they undergo review. 

New requirements would only take 

effect upon OMB approval. For 

additional substantive information 

about this ICR, see the related notice 

published in the Federal Register on 

May 20, 2013 (78 FR 29382). 

Interested parties are encouraged to 

send comments to the OMB, Office of 

Information and Regulatory Affairs at 

the address shown in the ADDRESSES

section within 30 days of publication of 

this notice in the Federal Register. In 

order to help ensure appropriate 

consideration, comments should 

mention OMB Control Number 1220– 

0042. The OMB is particularly 

interested in comments that: 

• 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: DOL–BLS. 

Title of Collection: Report on 

Occupational Employment and Wages. 

OMB Control Number: 1220–0042. 

Affected Public: State, Local, and 

Tribal Governments and Private 

Sector—businesses or other for-profits 

and not-for-profit institutions. 

Total Estimated Number of 

Respondents: 310,068. 

Total Estimated Number of 

Responses: 310,068. 

Total Estimated Annual Burden 

Hours: 232,550. 

Total Estimated Annual Other Costs 

Burden: $0. 

Authority: 44 U.S.C. 3507(a)(1)(D). 

Dated: August 21, 2013. 

Michel Smyth, 

Departmental Clearance Officer. 

[FR Doc. 2013–20804 Filed 8–26–13; 8:45 am] 

BILLING CODE 4510–24–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–82,313] 

ICG Knott County, LLC, a Subsidiary of 

ICG, Inc., a Subsidiary of Arch Coal, 

Inc.; Including On-Site Leased Workers 

From P&P Construction; Kite, 

Kentucky; Notice of Negative 

Determination on Reconsideration 

On May 16, 2013, the Department of 

Labor issued an Affirmative 

Determination Regarding Application 

for Reconsideration for the workers and 

former workers of ICG Knott County, 

LLC, a subsidiary of ICG, Inc., a 

subsidiary of Arch Coal, Inc., Kite, 

Kentucky (subject firm). The 

Department’s Notice was published in 

the Federal Register on May 30, 2013 

(78 FR 32463). The workers are engaged 

in employment related to the 

production of bituminous coal. The 

subject firm includes on-site leased 

workers of P&P Construction. 

Pursuant to 29 CFR 90.18(c), 

reconsideration may be granted under 

the following circumstances: 

(1) If it appears on the basis of facts 

not previously considered that the 

determination complained of was 

erroneous; 

(2) If it appears that the determination 

complained of was based on a mistake 

in the determination of facts not 

previously considered; or 

(3) If in the opinion of the Certifying 

Officer, a mis-interpretation of facts or 

of the law justified reconsideration of 

the decision. 

The initial investigation resulted in a 

negative determination based on the 

findings that worker separations were 

not attributable to increased imports of 

bituminous coal (or articles like or 

directly competitive), by the subject 

firm or its declining customers, or a 

shift/acquisition of the production of 

bituminous coal (or articles like or 

directly competitive) to/from a foreign 

country by the workers’ firm during the 

time period under investigation (2011 

and 2012). 

In the request for reconsideration, a 

former worker alleged that workers at 

the subject firm were impacted by the 

operations of the parent company, Arch 

Coal, Inc., and the purchasing patterns 

of its customers. The former worker also 

alleged that the increased use of natural 

gas instead of bituminous coal by 

customers of the subject firm and 

customers of the parent company led to 

production declines and worker 

separations at the subject firm. 

Further, according to the allegation, 

the customers that the subject firm 

previously supplied with bituminous 

coal switched to gas for their energy use 

because the two products are directly 

competitive. Therefore, the former 

worker requested that the Department 

expand the reconsideration 

investigation to examine the operations 

of the parent company and to evaluate 

imports of natural gas. 

During the reconsideration 

investigation, the Department reviewed 

and confirmed information collected 

during the initial investigation, 

collected additional information from 

the subject firm and its major customers, 

and collected and analyzed natural gas 

data from the U.S. Energy Information 

Administration and the U.S. Department 

of Energy. 

The reconsideration investigation 

findings confirmed that neither the 

subject firm nor its major customers 

imported articles like or directly 

competitive with bituminous coal 

during the relevant period. 

Additionally, the findings confirmed 

that the subject firm did not shift the 

production of bituminous coal to a 

foreign country or acquire this article, or 

any articles like or directly competitive, 

from a foreign country during the period 

under investigation. The findings of the 

reconsideration investigation also 

confirmed that Arch Coal, Inc. acquired 

the subject firm during the period under 

investigation but clarified that the 

subject firm continued to operate 

independently and retained its own 

customer base following the acquisition. 

During the initial investigation, the 

Department conducted a customer 

survey on the major customers of the 

subject firm. The surveyed customers 

reported no imports of bituminous coal 

or articles like or directly competitive. 

During the reconsideration 

investigation, the Department contacted 


tkelley on DSK3SPTVN1PROD with NOTICES