Federal Register / Vol. 74, No. 36 / Wednesday, February 25, 2009 / Notices 8569 

determination by Commerce that 

imports of small diameter graphite 

electrodes from China were being sold 

at LTFV within the meaning of section 

733(b) of the Act (19 U.S.C. 1673b(b)). 

Notice of the scheduling of the final 

phase of the Commission’s investigation 

and of a public hearing to be held in 

connection therewith was given by 

posting copies of the notice in the Office 

of the Secretary, U.S. International 

Trade Commission, Washington, DC, 

and by publishing the notice in the 

Federal Register of September 4, 2008 

(73 FR 51647). The hearing was held in 

Washington, DC, on January 6, 2009, 

and all persons who requested the 

opportunity were permitted to appear in 

person or by counsel. 

The Commission transmitted its 

determination in this investigation to 

the Secretary of Commerce on February 

19, 2009. The views of the Commission 

are contained in USITC Publication 

4062 (February 2009), entitled Small 

Diameter Graphite Electrodes from 

China: Investigation No. 731–TA–1143 

(Final). 

Issued: February 19, 2009. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–3963 Filed 2–24–09; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Air Act 

Notice is hereby given that on 

February 19, 2009, a proposed Sixth 

Amendment to the Consent Decree 

entered in United States v. BP 

Exploration and Oil Co., et al., (Civil 

No. 2:96 CV 095 RL), was lodged with 

the United States District Court for the 

Northern District of Indiana. 

This settlement relates to BP Products 

North America Inc.’s (‘‘BP Products’’) 

petroleum refinery located in Texas 

City, Texas (the ‘‘Texas City Refinery’’). 

The United States alleges civil claims 

under the Clean Air Act (‘‘CAA’’) 

against BP Products for violations at the 

Texas City Refinery of the National 

Emission Standard for Hazardous Air 

Pollutants for Benzene Waste 

Operations, 40 CFR Part 61, subpart FF; 

the Recycling and Emissions Reduction 

Regulations for Refrigerants, 40 CFR 

Part 82, subpart F, part of the Act’s 

stratospheric ozone protection program; 

and the National Emission Standard for 

Hazardous Air Pollutants for Asbestos, 

40 CFR Part 61, subpart M. The United 

States also alleges that BP Products 

violated, at the Texas City Refinery, 

provisions of the original civil Consent 

Decree entered in the above-referenced 

matter that incorporated requirements of 

40 CFR part 61, subpart FF. The United 

States’ CAA claims are stated in the 

supplemental counts of the 

Supplemental Third Amended 

Complaint also filed on February 19, 

2009 in the above-referenced matter. 

Under the proposed Sixth 

Amendment to the Consent Decree, BP 

Products will perform injunctive relief 

to: (1) Eliminate or minimize emissions 

of benzene at the Texas City Refinery; 

(2) eliminate or minimize the emission 

of Ozone Depleting Substances (‘‘ODS’’) 

from regulated cooling appliances at the 

Texas City Refinery; and (3) ensure that 

Asbestos-Containing Materials (‘‘ACM’’) 

at the Texas City Facility are identified, 

managed, handled, and disposed of 

properly so as to minimize the emission 

of asbestos. 

Under the proposed Sixth 

Amendment to the Consent Decree, BP 

Products will also pay a civil penalty to 

the United States in the amount of $12 

million and perform a $6-million 

Supplemental Environmental Project 

(‘‘SEP’’) to convert heavy-duty diesel 

and other gasoline-powered vehicles 

owned and/or operated by the City of 

Texas City, Texas and the Texas City 

Independent School District so as to 

operate on compressed natural gas 

(‘‘CNG’’) or liquified natural gas 

(‘‘LNG’’). 

The Department of Justice will receive 

comments relating to the Sixth 

Amendment to the Consent Decree for a 

period of thirty (30) days from the date 

of this publication. Comments should be 

addressed to the Acting Assistant 

Attorney General, Environment and 

Natural Resources Division, and either 

e-mailed to pubcommentees.enrd@usdoj.gov or mailed to P.O. 

Box 7611, U.S. Department of Justice, 

Washington, DC 20044–7611, and 

should refer to United States v. BP 

Exploration & Oil Co., et al., D.J. Ref. 

90–5–2–1–07109. 

The Sixth Amendment to the Consent 

Decree may be examined at the Office of 

the United States Attorney, Northern 

District of Indiana, 5400 Federal Plaza, 

Suite 1500, Hammond, IN 46320, and at 

U.S. EPA Region 6, 1445 Ross Avenue, 

Dallas, Texas 75202. During the public 

comment period, the Sixth Amendment 

to the Consent Decree may also be 

examined on the following Department 

of Justice Web site: http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Sixth Amendment to the Consent 

Decree 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 a copy by mail, from the 

Consent Decree Library, please enclose 

a check in the amount of $32.75 (25 

cents per page reproduction cost) for the 

Sixth Amendment to the Consent 

Decree payable to the U.S. Treasury. 

Maureen M. Katz, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. E9–3995 Filed 2–24–09; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Office of Justice Programs 

[OMB Number 1121–0243] 

Agency Information Collection 

Activities: Proposed Collection; 

Comments Requested 

ACTION: 60-Day Notice of Information 

Collection Under Review: Grants 

Management System Online 

Application. 

The Department of Justice (DOJ), 

Office of Justice Programs, Bureau of 

Justice Statistics, 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 April 27, 2009. This 

process is conducted in accordance with 

5 CFR 1320.10. 

If you have additional 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: 

Amy Callaghan, (202) 514–9292, Office 

of Justice Programs, Department of 

Justice, 810 Seventh Street, NW., 

Washington, DC 20531 or 

Amy.Callaghan@usdoj.gov. 

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 


pwalker on PROD1PC71 with NOTICES
8570 Federal Register / Vol. 74, No. 36 / Wednesday, February 25, 2009 / Notices 

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. 

Overview of This Information 

(1) Type of Information Collection: 

Extension of a currently approved 

collection. 

(2) The Title of the Form/Collection: 

Grants Management System Online 

Application. 

(3) The Agency Form Number, if any, 

and the Applicable Component of the 

Department Sponsoring the Collection: 

There is no form number, Office of 

Justice Programs, United States 

Department of Justice. 

(4) Affected Public Who Will be Asked 

or Required to Respond, as well as a 

Brief Abstract: The primary respondents 

are State, Local or Tribal Governments 

applying for grants. GMS is used to 

implement the statutory requirements of 

the Grant Management System (GMS) 

Online Application; Grant Adjustment 

Notice (GAN); Progress and Financial 

Reports of applications, awards, and 

closeouts. 

(5) An Estimate of the Total Number 

of Respondents and the Amount of Time 

Estimated for an Average Respondent to 

Respond: An estimated 34,097 grantees 

will respond to Grants Management 

System Online Application and on 

average it will take each of them 12 

hours to complete the 4 applications. 

(6) An Estimate of the Total Public 

Burden (in hours) Associated with the 

collection: The estimated public burden 

associated with this application is 

137,238 hours. 

If additional information is required 

contact: Ms. 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: February 19, 2009. 

Lynn Bryant, 

Department Clearance Officer, PRA, United 

States Department of Justice. 

[FR Doc. E9–3988 Filed 2–24–09; 8:45 am] 

BILLING CODE 4410–18–P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

Prohibited Transaction Exemptions 

and Grant of Individual Exemptions 

involving: D–11428, Heico Holding Inc. 

Pension Plan (the Plan), 2009–04; D– 

11450, Brewster Dairy, Inc. 401(k) 

Profit Sharing Plan (the Plan) 

AGENCY: Employee Benefits Security 

Administration, Labor. 

ACTION: Grant of individual exemptions. 

SUMMARY: This document contains 

exemptions issued by the Department of 

Labor (the Department) from certain of 

the prohibited transaction restrictions of 

the Employee Retirement Income 

Security Act of 1974 (ERISA or the Act) 

and/or the Internal Revenue Code of 

1986 (the Code). 

A notice was published in the Federal 

Register of the pendency before the 

Department of a proposal to grant such 

exemption. The notice set forth a 

summary of facts and representations 

contained in the application for 

exemption and referred interested 

persons to the application for a 

complete statement of the facts and 

representations. The application has 

been available for public inspection at 

the Department in Washington, DC. The 

notice also invited interested persons to 

submit comments on the requested 

exemption to the Department. In 

addition the notice stated that any 

interested person might submit a 

written request that a public hearing be 

held (where appropriate). The applicant 

has represented that it has complied 

with the requirements of the notification 

to interested persons. No requests for a 

hearing were received by the 

Department. Public comments were 

received by the Department as described 

in the granted exemption. 

The notice of proposed exemption 

was issued and the exemption is being 

granted solely by the Department 

because, effective December 31, 1978, 

section 102 of Reorganization Plan No. 

4 of 1978, 5 U.S.C. App. 1 (1996), 

transferred the authority of the Secretary 

of the Treasury to issue exemptions of 

the type proposed to the Secretary of 

Labor. 

Statutory Findings 

In accordance with section 408(a) of 

the Act and/or section 4975(c)(2) of the 

Code and the procedures set forth in 29 

CFR Part 2570, Subpart B (55 FR 32836, 

32847, August 10, 1990) and based upon 

the entire record, the Department makes 

the following findings: 

(a) The exemption is administratively 

feasible; 

(b) The exemption is in the interests 

of the plan and its participants and 

beneficiaries; and 

(c) The exemption is protective of the 

rights of the participants and 

beneficiaries of the plan. 

Heico Holding Inc. Pension Plan (the 

Plan), Located in Downers Grove, IL 

[Prohibited Transaction Exemption 2009–04; 

Exemption Application Number: D–11428] 

Exemption 

The restrictions of section 

406(a)(1)(A) and (D), and section 

406(b)(1) and (b)(2) of the Act, and the 

sanctions resulting from the application 

of section 4975 of the Code, by reason 

of section 4975(c)(1)(A), (D), and (E) of 

the Code, shall not apply to the sale by 

the Plan of a non-marketable limited 

partnership interest (the Interest) in 

Trident Equity Fund, II, L.P. (the 

Partnership) to Heico Holding Inc. (the 

Applicant), a party in interest with 

respect to the Plan, provided that the 

following conditions are satisfied: 

(a) The sale is a one-time transaction 

for cash; 

(b) The Plan pays no commissions, 

fees or other expenses in connection 

with the sale; 

(c) The terms and conditions of the 

sale are at least as favorable as those 

obtainable in an arm’s length 

transaction with an unrelated third 

party; 

(d) As a result of the sale, the Plan 

receives the greater of: (i) $1,050,000; 

(ii) The value of the Interest as 

determined by the General Partner of 

the Partnership and reported on the 

most recent quarterly account 

statements of the Partnership available 

at the time of the sale; (iii) The fair 

market value of the Interest as 

determined on the date of the sale by a 

qualified, independent appraiser; or (iv) 

The total amount of the Plan’s 

contributions to the Partnership made 

on or after January 21, 2005 (i.e., the 

Plan’s investment cost basis in the 

Interest); and 

(e) Upon Plan termination, it is 

determined that the Plan is overfunded. 

For a complete statement of the facts 

and representations supporting the 

Department’s decision to grant this 

exemption, refer to the Notice of 


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