51842 Federal Register / Vol. 73, No. 173 / Friday, September 5, 2008 / Notices 

1The record is defined in section 207.2(f) of the 

Commission’s Rules of Practice and Procedure (19 

CFR 207.2(f)). 

2 Vice Chairman Daniel R. Pearson dissenting. 

3The Commission also finds that imports subject 

to Commerce’s affirmative critical circumstances 

determination are not likely to undermine seriously 

the remedial effect of the antidumping duty order 

on China. 

TABLE 1—EVALUATION OF AREAS OF CRITICAL ENVIRONMENTAL CONCERN—Continued 

ACEC Values of concern Resource use limitations Acres 

San Juan River .............. Scenic, Cultural, Wildlife, Natural Systems.Vehicle access, including OHVs/mechanized, limited to designated 

routes; unavailable for private/commercial use of woodland products 

except for limited on-site collection of dead wood for campfires, driftwood collection only would be allowed within floodplains; available for 

livestock use October 1–May 31 and must incorporate rest-rotation 

and/or deferred management systems; available for oil and gas leasing 

subject to No Surface Occupancy; unavailable for mineral material disposal; recommended for withdrawal from locatable mineral entry; limit 

recreation use if wildlife values are being adversely impacted; closed to 

camping in areas as necessary to protect cultural, wildlife and natural 

processes; managed as VRM I (parts) and VRM II (parts) and VRM III 

(parts); designated access trails to cultural sites as necessary to protect cultural resources; no camping in cultural sites; and ropes and 

other climbing aids not allowed for access to ruins, cultural sites, and 

nesting raptors.

5,258 

Valley of the Gods ......... Scenic ........................... Unavailable for mineral leasing; unavailable for mineral material disposal; 

OHV use limited to designated roads and trails; managed as VRM I 

and unavailable for private/commercial use of woodland products.

22,863 

Comments on the Monticello Field 

Office DRMP/DEIS received from the 

public and internal BLM review were 

considered and incorporated as 

appropriate into the PRMP/FEIS. Public 

comments resulted in the addition of 

clarifying text, but did not significantly 

change proposed land use plan 

decisions. 

Instructions for filing a protest with 

the Director of the BLM regarding the 

PRMP/FEIS may be found in the Dear 

Reader Letter of the PRMP/FEIS and at 

43 CFR 1610.5–2. E-mailed and faxed 

protests will not be accepted as valid 

protests unless the protesting party also 

provides the original letter by either 

regular or overnight mail postmarked by 

the close of the protest period. Under 

these conditions, the BLM will consider 

the e-mailed or faxed protest as an 

advance copy and it will receive full 

consideration. If you wish to provide 

the BLM with such advance 

notification, please direct faxed protests 

to the attention of the BLM protest 

coordinator at 202–452–5112, and 

e-mails to Brenda_HudgensWilliams@blm.gov. All protests, 

including the follow-up letter (if emailing or faxing) must be in writing 

and mailed to the appropriate address, 

as set forth in the ADDRESSES section 

above. 

Before including your phone number, 

e-mail address, or other personal 

identifying information in your protest, 

you should be aware that your entire 

protest—including your personal 

identifying information—may be made 

publicly available at any time. While 

you can ask us in your protest to 

withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Authority: 40 CFR 1506.6, 43 CFR 1610.2, 

43 CFR 1610.5–1 

Selma Sierra, 

Utah State Director. 

[FR Doc. E8–20670 Filed 9–4–08; 8:45 am] 

BILLING CODE 4310–DQ–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 701–TA–448 and 731–

TA–1117 (Final)] 

Certain Off-the-Road Tires From China; 

Determination 

On the basis of the record 1 developed 

in the subject investigations, the United 

States International Trade Commission 

(Commission) determines, pursuant to 

sections 705(b) and 735(b) of the Tariff 

Act of 1930 (19 U.S.C. 1671d(b) and 

1673d(b)) (the Act), that an industry in 

the United States is materially injured 

by reason of imports from China of 

certain off-the-road tires, provided for in 

subheadings 4011.20.10, 4011.20.50, 

4011.61.00, 4011.62.00, 4011.63.00, 

4011.69.00, 4011.92.00, 4011.93.40, 

4011.93.80, 4011.94.40, and 4011.94.80 

of the Harmonized Tariff Schedule of 

the United States, that have been found 

by the Department of Commerce 

(Commerce) to be subsidized by the 

Government of China and sold in the 

United States at less than fair value 

(LTFV).2 3

Background 

The Commission instituted these 

investigations effective June 18, 2007, 

following receipt of a petition filed with 

the Commission and Commerce by 

Titan Tire Corporation, Des Moines, 

Iowa, and The United Steel, Paper and 

Forestry, Rubber, Manufacturing, 

Energy, Allied Industrial and Service 

Workers International Union, AFL–CIO–

CLC, Pittsburgh, PA. The final phase of 

the investigations was scheduled by the 

Commission following notification of a 

preliminary determination by 

Commerce that imports of certain offthe-road tires 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 

investigations 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 March 

3, 2008 (73 FR 11437). The hearing was 

held in Washington, DC, on July 8 and 

9, 2008, and all persons who requested 

the opportunity were permitted to 

appear in person or by counsel. 

The Commission transmitted its 

determination in these investigations to 

the Secretary of Commerce on August 

28, 2008. The views of the Commission 

are contained in USITC Publication 

4031 (August 2008), entitled Certain 

Off-The-Road Tires from China: 

Investigation Nos. 701–TA–448 and 

731–TA–1117 (Final). 

Issued: August 29, 2008. 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 73, No. 173 / Friday, September 5, 2008 / Notices 51843 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E8–20532 Filed 9–4–08; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

Summary of Commission Practice 

Relating to Administrative Protective 

Orders 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Summary of Commission 

practice relating to administrative 

protective orders. 

SUMMARY: Since February 1991, the U.S. 

International Trade Commission 

(‘‘Commission’’) has issued an annual 

report on the status of its practice with 

respect to violations of its 

administrative protective orders 

(‘‘APOs’’) in investigations under Title 

VII of the Tariff Act of 1930 in response 

to a direction contained in the 

Conference Report to the Customs and 

Trade Act of 1990. Over time, the 

Commission has added to its report 

discussions of APO breaches in 

Commission proceedings other than 

under Title VII and violations of the 

Commission’s rules including the rule 

on bracketing business proprietary 

information (‘‘BPI’’) (the ‘‘24-hour 

rule’’), 19 CFR 207.3(c). This notice 

provides a summary of investigations 

completed during calendar year 2007 of 

breaches in proceedings under Title VII 

and section 337 of the Tariff Act of 

1930, the only proceedings in which 

investigations of breaches were 

completed during the year. The 

Commission intends that this report 

inform representatives of parties to 

Commission proceedings as to some 

specific types of APO breaches 

encountered by the Commission and the 

corresponding types of actions the 

Commission has taken. 

FOR FURTHER INFORMATION CONTACT: 

Carol McCue Verratti, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, telephone (202) 

205–3088. Hearing impaired individuals 

are advised that information on this 

matter can be obtained by contacting the 

Commission’s TDD terminal at (202) 

205–1810. General information 

concerning the Commission can also be 

obtained by accessing its Internet server 

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

SUPPLEMENTARY INFORMATION: 

Representatives of parties to 

investigations or other proceedings 

conducted under Title VII of the Tariff 

Act of 1930, sections 202 and 204 of the 

Trade Act of 1974, section 421 of the 

Trade Act of 1974, section 337 of the 

Tariff Act of 1930, and North American 

Free Trade Agreement (NAFTA) Article 

1904.13, 19 U.S.C. 1516a(g)(7)(A) may 

enter into APOs that permit them, under 

strict conditions, to obtain access to BPI 

(Title VII) or confidential business 

information (‘‘CBI’’) (section 421, 

sections 201–204, and section 337) of 

other parties. See 19 U.S.C. 1677f; 19 

CFR 207.7; 19 CFR 207.100, et seq.; 19 

U.S.C. 2252(i); 19 U.S.C. 2451a(b)(3); 19 

CFR 206.17; 19 U.S.C. 1337(n); 19 CFR 

210.5, 210.34. The discussion below 

describes APO breach investigations 

that the Commission has completed 

during calendar year 2007, including a 

description of actions taken in response 

to these breaches. 

Since 1991, the Commission has 

published annually a summary of its 

actions in response to violations of 

Commission APOs and the 24-hour rule. 

See 56 FR 4846 (Feb. 6, 1991); 57 FR 

12335 (Apr. 9, 1992); 58 FR 21991 (Apr. 

26, 1993); 59 FR 16834 (Apr. 8, 1994); 

60 FR 24880 (May 10, 1995); 61 FR 

21203 (May 9, 1996); 62 FR 13164 

(March 19, 1997); 63 FR 25064 (May 6, 

1998); 64 FR 23355 (April 30, 1999); 65 

FR 30434 (May 11, 2000); 66 FR 27685 

(May 18, 2001); 67 FR 39425 (June 7, 

2002); 68 FR 28256 (May 23, 2003); 69 

FR 29972 (May 26, 2004); 70 FR 42382 

(July 25, 2005); 71 FR 39355 (July 12, 

2006); and 72 FR 50119 (August 30, 

2007). This report does not provide an 

exhaustive list of conduct that will be 

deemed to be a breach of the 

Commission’s APOs. APO breach 

inquiries are considered on a case-bycase basis. 

As part of the effort to educate 

practitioners about the Commission’s 

current APO practice, the Commission 

Secretary issued in March 2005 a fourth 

edition of An Introduction to 

Administrative Protective Order Practice 

in Import Injury Investigations (Pub. No. 

3755). This document is available upon 

request from the Office of the Secretary, 

U.S. International Trade Commission, 

500 E Street, SW., Washington, DC 

20436, tel. (202) 205–2000 and on the 

Commission’s Web site at http:// 

www.usitc.gov. 

I. In General 

The current APO form for 

antidumping and countervailing duty 

investigations, which was revised in 

March 2005, requires the applicant to 

swear that he or she will: 

(1) Not divulge any of the BPI 

disclosed under this APO or otherwise 

obtained in this investigation and not 

otherwise available to him or her, to any 

person other than—

(i) Personnel of the Commission 

concerned with the investigation, 

(ii) The person or agency from whom 

the BPI was obtained, 

(iii) A person whose application for 

disclosure of BPI under this APO has 

been granted by the Secretary, and 

(iv) Other persons, such as paralegals 

and clerical staff, who (a) are employed 

or supervised by and under the 

direction and control of the authorized 

applicant or another authorized 

applicant in the same firm whose 

application has been granted; (b) have a 

need thereof in connection with the 

investigation; (c) are not involved in 

competitive decisionmaking for an 

interested party which is a party to the 

investigation; and (d) have signed the 

acknowledgment for clerical personnel 

in the form attached hereto (the 

authorized applicant shall also sign 

such acknowledgment and will be 

deemed responsible for such persons’

compliance with this APO); 

(2) Use such BPI solely for the 

purposes of the above-captioned 

Commission investigation or for judicial 

or binational panel review of such 

Commission investigation; 

(3) Not consult with any person not 

described in paragraph (1) concerning 

BPI disclosed under this APO or 

otherwise obtained in this investigation 

without first having received the written 

consent of the Secretary and the party 

or the representative of the party from 

whom such BPI was obtained; 

(4) Whenever materials e.g., 

documents, computer disks, etc. 

containing such BPI are not being used, 

store such material in a locked file 

cabinet, vault, safe, or other suitable 

container (N.B.: Storage of BPI on socalled hard disk computer media is to 

be avoided, because mere erasure of 

data from such media may not 

irrecoverably destroy the BPI and may 

result in violation of paragraph C of this 

APO); 

(5) Serve all materials containing BPI 

disclosed under this APO as directed by 

the Secretary and pursuant to section 

207.7(f) of the Commission’s rules; 

(6) Transmit each document 

containing BPI disclosed under this 

APO: 

(i) With a cover sheet identifying the 

document as containing BPI, 

(ii) With all BPI enclosed in brackets 

and each page warning that the 

document contains BPI, 

(iii) If the document is to be filed by 

a deadline, with each page marked 

‘‘Bracketing of BPI not final for one 

business day after date of filing,’’ and 

mstockstill on PROD1PC66 with NOTICES