Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Notices 10965 

1671b) are being provided to 

manufacturers, producers, or exporters 

in China of tow-behind lawn groomers, 

and that such products 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 June 24, 2008, by AgriFab, Inc., Sullivan, IL. 

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 protective 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 the 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 May 21, 2009, 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 June 16, 2009, 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 June 10, 2009. 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 June 12, 2009, 

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 

business 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 June 9, 2009. 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 June 23, 

2009; 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 June 23, 2009. On July 8, 2009, 

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 July 10, 2009, 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). Even 

where electronic filing of a document is 

permitted, certain documents must also 

be filed in paper form, as specified in 

II(C) of the Commission’s Handbook on 

Electronic Filing Procedures, 67 FR 

68168, 68173 (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. 

By order of the Commission. 

Issued: March 9, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission, 

[FR Doc. E9–5427 Filed 3–12–09; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

Temporary Change to Filing 

Procedures 

AGENCY: United States International 

Trade Commission. 

ACTION: Notice. 

SUMMARY: The United States 

International Trade Commission 

(Commission) hereby notifies all users 

of its Electronic Document Information 

System (EDIS) that the system will not 

be available for use from 6 p.m. on 

Thursday, March 26, 2009, until 6 a.m. 

on Monday, March 30, 2009. Alternative 

filing procedures will apply, as outlined 

below. 

DATES: March 26–March 30, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Telephone inquiries should be directed 

to EDIS Help (202–205–3347) or Docket 

Services (202–205–1802). E-mail 

inquiries should be directed to 

(Edishelp@usitc.gov). Written inquiries 

should be directed to Marilyn R. Abbott, 

Secretary, United States International 

Trade Commission, 500 E Street, SW., 

Room 112, Washington, DC 20436. At 


sroberts on PROD1PC70 with NOTICES
10966 Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Notices 

times other than the period specified 

herein, EDIS may be viewed at http:// 

edis.usitc.gov. General information 

concerning the Commission may also be 

obtained by accessing its World Wide 

Web site (http://www.usitc.gov). 

SUPPLEMENTARY INFORMATION: In 1996, 

the Commission established EDIS to 

store and provide access to docket 

records in agency proceedings. In 2003, 

the Commission implemented a 

document management system (EDIS–II, 

http://edis.usitc.gov) with the capability 

to accept documents electronically. The 

Commission’s Rules of Practice and 

Procedure currently provide for the 

filing of certain documents in electronic 

form. 

Since 2003, EDIS technologies have 

become outdated and the hardware is 

beyond its useful life. The Commission 

has developed and is ready to 

implement a new EDIS system in order 

to improve its technical performance. 

The newly re-engineered system, known 

as EDIS3, will become operational on 

March 30, 2009. 

In order to switch from the existing 

EDIS to EDIS3, the Commission must 

turn the system off for approximately 84 

hours to accommodate data migration, 

system testing, and related tasks. As a 

result, EDIS will not be available from 

6 p.m. Thursday, March 26, 2009, until 

6 a.m. Monday, March 30, 2009. 

Section 335 of the Tariff Act of 1930 

(19 U.S.C. 1335) authorizes the 

Commission to adopt such reasonable 

procedures, rules, and regulations as it 

deems necessary to carry out its 

functions and duties. The Commission 

is temporarily suspending its filing 

procedures for the period of system 

unavailability, specifically prohibiting 

electronic filing and access to electronic 

viewing of documents during the period 

when EDIS is not available. All paper 

filings will be accepted in accordance 

with applicable rules. However, no EDIS 

Cover Sheets will be available because 

they cannot be generated by EDIS. A 

temporary Docket Cover Sheet is 

available on the Commission Web site 

as a fillable .pdf form at the following 

location: http://www.usitc.gov/ 

docketservices/ 

temporary_edis_cover.pdf . In order to 

comply with the requirements of 

Commission rule 201.8 (19 CFR 201.8), 

a person filing a document with the 

Commission while EDIS is shut down, 

must submit with the filing a valid 

Docket Cover Sheet prepared using this 

temporary form. 

By order of the Commission. 

Issued: March 10, 2009. 

Marilyn R. Abbott, 

Secretary. 

[FR Doc. E9–5468 Filed 3–12–09; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Amendment to Consent Decree Under 

the Clean Water Act 

Notice is hereby given that on March 

9, 2009, a proposed ‘‘First Amendment 

to 2006 Consent Decree,’’ pertaining to 

United States and State of Indiana v. 

City of Indianapolis, Civ. No. 1:06–cv– 

1456, was lodged with the United States 

District Court for the Southern District 

of Indiana. 

In the original action, the United 

States sought civil penalties and 

injunctive relief for alleged violations of 

Sections 301 and 402 of the Clean Water 

Act, 33 U.S.C. 1319 and 1342, in 

connection with the City’s operation of 

its municipal wastewater and sewer 

system. In December 2006, the Court 

entered a Consent Decree which 

requires the City, among other things, to 

implement a Long Term Control Plan 

(‘‘LTCP’’) to reduce Combined Sewer 

Overflows (‘‘CSO’’). CSO Control 

Measure 16, as set forth in the Table 7– 

5 of Section 7 of the 2006 Consent 

Decree, requires the City to construct a 

shallow interceptor sewer having a total 

capacity of 24 million gallons. However, 

all of the Parties to the 2006 Consent 

Decree, have agreed that CSO Control 

Measure 16 should be modified to 

require the City to undertake 

construction of a conveyance and 

storage tunnel that would be 

constructed approximately 200 feet 

below ground. The modified project 

would provide for the construction of a 

storage and transport facility of 

approximately 18 feet in diameter, 

having a minimum storage volume of 54 

million gallons, along a new alignment 

which would minimize environmental, 

right-of-way, and other issues that were 

discovered during the design of the 

original project. The modified project 

will provide for capture of additional 

overflow volumes from CSO 008 

approximately three and one-half years 

earlier than currently outlined in the 

2006 Consent Decree. 

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, 

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 United 

States and State of Indiana v. City of 

Indianapolis, D.J. Ref. 90–5–1–1–07292. 

The proposed ‘‘First Amendment to 

2006 Consent Decree’’ may be examined 

at the Office of the United States 

Attorney for the Southern District of 

Indiana, 10 West Market St., Suite 2100, 

Indianapolis, IN 46204 (contact Asst. 

U.S. Attorney Thomas Kieper (317–226– 

6333)), and at U.S. EPA Region 5, 7th 

Floor Records Center, 77 West Jackson 

Blvd., Chicago, Illinois 60604 (contact 

Assoc. Regional Counsel Gary Prichard 

(312–886–0570)). 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/ 

Consent_Decrees.html. A copy of 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 from the Consent 

Decree Library, please enclose a check 

in the amount of $4.50 (25 cents per 

page reproduction cost), payable to the 

U.S. Treasury or, if by e-mail or fax, 

forward a check in that amount to the 

Consent Decree Library at the stated 

address. 

William Brighton, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. E9–5434 Filed 3–12–09; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Antitrust Division 

Notice Pursuant to The National 

Cooperative Research and Production 

Act of 1993—ASTM International 

Notice is hereby given that, on 

February 17, 2009, pursuant to Section 

6(a) of the National Cooperative 

Research and Production Act of 1993, 

15 U.S.C. 4301 et seq. (‘‘the Act’’), 

ASTM International (‘‘ASTM’’) has filed 

written notifications simultaneously 

with the Attorney General and the 

Federal Trade Commission disclosing 

additions or changes to its standards 

development activities. The 

notifications were filed for the purpose 

of extending the Act’s provisions 

limiting the recovery of antitrust 


sroberts on PROD1PC70 with NOTICES