Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Notices 57149 

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. 09–5–189, 

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. 

III. Programmatic Targets 

During Fiscal Year 2009, upon request 

of a self-governance tribe, MMS will 

negotiate funding agreements for its 

eligible programs beyond those already 

negotiated. 

Dated: September 24, 2008. 

Randall B. Luthi, 

Director, Minerals Management Service. 

[FR Doc. E8–23175 Filed 9–30–08; 8:45 am] 

BILLING CODE 4310–MR–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

Flight 93 National Memorial Advisory 

Commission 

AGENCY: National Park Service, Interior. 

ACTION: Notice of November 1, 2008 

Meeting. 

SUMMARY: This notice sets forth the date 

of the November 1, 2008 meeting of the 

Flight 93 Advisory Commission. 

DATES: The public meeting of the 

Advisory Commission will be held on 

Saturday, November 1, 2008 from 10 

a.m. to 1 p.m. (Eastern). The 

Commission will meet jointly with the 

Flight 93 Memorial Task Force. 

Location: The meeting will be held at 

the Somerset County Courthouse, Court 

Room #1, located at 111 E. Union Street, 

Somerset, PA 15501. 

Agenda: 

The November 1, 2008 joint 

Commission and Task Force meeting 

will consist of 

1. Opening of Meeting and Pledge of 

Allegiance. 

2. Review and Approval of 

Commission Minutes from August 2, 

2008. 

3. Reports from the Flight 93 

Memorial Task Force and National Park 

Service. Comments from the public will 

be received after each report and/or at 

the end of the meeting. 

4. Old Business. 

5. New Business. 

6. Public Comments. 

7. Closing Remarks. 

FOR FURTHER INFORMATION CONTACT: 

Joanne M. Hanley, Superintendent, 

Flight 93 National Memorial, 109 West 

Main Street, Somerset, PA 15501, 

814.443.4557. 

SUPPLEMENTARY INFORMATION: The 

meeting will be open to the public. Any 

member of the public may file with the 

Commission a written statement 

concerning agenda items. Address all 

statements to: Flight 93 Advisory 

Commission, 109 West Main Street, 

Somerset, PA 15501. 

Dated: September 8, 2008. 

Joanne M. Hanley, 

Superintendent, Flight 93 National Memorial. 

[FR Doc. E8–22924 Filed 9–30–08; 8:45 am] 

BILLING CODE 4312–25–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 731–TA–1022 (Review)] 

Refined Brown Aluminum Oxide From 

China 

AGENCY: United States International 

Trade Commission. 

ACTION: Institution of a five-year review 

concerning the antidumping duty order 

on refined brown aluminum oxide from 

China. 

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 refined 

brown aluminum oxide from China 

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 November 20, 2008. 

Comments on the adequacy of responses 

may be filed with the Commission by 

December 15, 2008. 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). 

DATES: Effective Date: October 1, 2008. 

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 19, 2003, 

the Department of Commerce issued an 

antidumping duty order on imports of 

refined brown aluminum oxide from 

China (68 FR 65249). The Commission 

is conducting a 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 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 China. 

(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, the Commission defined 

the Domestic Like Product as all 

merchandise corresponding to the scope 

of the investigation, as well as any 

refined brown aluminum oxide where 

particles with a diameter greater than 

3/8 inch constitute at least 50 percent of 

the total weight of the entire batch, as 

long as this product has been crushed, 

screened, and sorted into consistent 

sizes. 

(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, 

the Commission defined the Domestic 

Industry as all U.S. producers of the 

domestic like product, as defined above, 

with the exception of Great Lakes 

Minerals, which was excluded from the 

domestic industry as a related party. 


jlentini on PROD1PC65 with NOTICES
57150 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Notices 

(5) The Order Date is the date that the 

antidumping duty order under review 

became effective. In this review, the 

Order Date is November 19, 2003. 

(6) 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 recently has advised that a fiveyear review is no longer 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 no 

longer 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 November 20, 2008. 

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 December 

15, 2008. 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 if available) and name, 

telephone number, fax number, and Email 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 

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 


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Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Notices 57151 

United States or other countries since 

the Order Date. 

(7) 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 2007 (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) The quantity and value of U.S. 

commercial shipments of the Domestic 

Like Product produced in your U.S. 

plant(s); and 

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

internal consumption/company 

transfers of the Domestic Like Product 

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

(8) 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 2007 (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. 

(9) 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 2007 

(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) 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. 

(10) 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 since the Order 

Date, 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. 

(11) (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. 

By order of the Commission. 

Issued: September 19, 2008. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E8–22490 Filed 9–30–08; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Settlement Agreement Under the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA) 

Notice is hereby given that on 

September 19, 2008, a proposed 

Settlement Agreement regarding the 

East Helena Superfund Site, Operable 

Unit No. 2 (the Site), was filed with the 

United States Bankruptcy Court for the 

Southern District of Texas in In re 

Asarco LLC, No. 05–21207 (Bankr. S.D. 

Tex.) (Docket No. 9231). The settlement 

reserves claims for any liabilities for 

property owned by Debtors and for 

groundwater contamination, among 

other things. The proposed Agreement 

entered into by the United States on 

behalf of the Environmental Protection 

Agency (EPA), the State of Montana, 

and Asarco LLC and Asarco Master Inc. 

(the Debtors), provides, inter alia, that 

with respect to the Site, (1) the United 

States on behalf of EPA shall have an 

allowed general unsecured claim of 

$13,209,783 for past and future response 

costs, and (2) the Debtors will not 

oppose disbursements out of the Asarco 

Environmental Trust up to $5,773,371 to 

perform work described by EPA’s 

proposed plan for Site remediation. 

The Department of Justice will receive 

comments relating to the proposed 

Agreement for a period of thirty (30) 

days from the date of this publication. 

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 In re 

Asarco LLC, DJ Ref. No. 90–11–3–08633. 

The proposed Agreement may be 

examined at the Office of the United 

States Attorney for the Southern District 

of Texas, 800 North Shoreline Blvd, 

#500, Corpus Christi, TX 78476–2001, at 

the office of the Environmental 

Protection Agency Region 8, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129. During the public 

comment period, the proposed 

Agreement may also be examined on the 

following Department of Justice Web 

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

Consent_Decrees.html. A copy of the 

proposed Agreement 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. 


jlentini on PROD1PC65 with NOTICES