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
57152 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Notices 

(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. 

Robert E. Maher, Jr., 

Section Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. E8–22995 Filed 9–30–08; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF LABOR 

Employment Standards Administration 

Proposed Extension of the Approval of 

Information Collection Requirements 

ACTION: Notice. 

SUMMARY: The Department of Labor, as 

part of its continuing effort to reduce 

paperwork and respondent burden, 

conducts a preclearance consultation 

program to provide the general public 

and Federal agencies with an 

opportunity to comment on proposed 

and/or continuing collections of 

information in accordance with the 

Paperwork Reduction Act of 1995 

(PRA95) [44 U.S.C. 3506(c)(2)(A)]. This 

program helps to ensure that requested 

data can be provided in the desired 

format, reporting burden (time and 

financial resources) is minimized, 

collection instruments are clearly 

understood, and the impact of collection 

requirements on respondents can be 

properly assessed. Currently, the 

Employment Standards Administration 

is soliciting comments concerning the 

proposal to extend OMB approval of the 

information collection: Partial Overtime 

Exemption for Remedial Education (29 

U.S.C. 207(q) and 29 CFR 516.34). A 

copy of the proposed information 

collection request can be obtained by 

contacting the office listed below in the 

addresses section of this Notice. 

DATES: Written comments must be 

submitted to the office listed in the 

addresses section below on or before 

December 1, 2008. 

ADDRESSES: Ms. Hazel M. Bell, U.S. 

Department of Labor, 200 Constitution 

Ave., NW., Room S–3201, Washington, 

DC 20210, telephone (202) 693–0418, 

fax (202) 693–1451, E-mail 

bell.hazel@dol.gov. Please use only one 

method of transmission for comments 

(mail, fax, or e-mail). 

SUPPLEMENTARY INFORMATION: 

I. Background: The Fair Labor 

Standards Act (FLSA), 29 U.S.C. 201, et 

seq. , sets the federal minimum wage, 

overtime pay, recordkeeping, and youth 

employment standards of most general 

application. See 29 U.S.C. 206, 207, 211, 

and 212. FLSA requirements apply to 

employers and employees engaged in 

interstate commerce or in the 

production of goods for interstate 

commerce and of employees in certain 

enterprises, including employees of a 

public agency; the FLSA contains 

exemptions that apply to employees in 

certain types of employment. See 29 

U.S.C. 213, et al. 

The FLSA generally requires 

employers to pay overtime hours 

worked by covered employees at time 

and one-half the employee’s regular rate 

of pay. See 29 U.S.C. 207(a)(1); 29 CFR 

778. FLSA section 7(q) provides a 

partial overtime exemption that allows 

an employer to employ any employee 

who lacks a high school diploma or 

whose reading level or basic skills is at, 

or below, the eighth grade level for up 

to ten overtime hours per week without 

paying the usually required half-time 

premium, if the employee is receiving 

remedial education during such 

overtime hours. 29 U.S.C. 207(q); See 

also 29 CFR 778.603. The employerprovided remedial education must be 

designed to provide up to eighth grade 

level basic skills or to fulfill the 

requirements for a high school diploma 

or General Educational Development 

(GED) certificate and may not include 

job-specific training. 29 U.S.C. 207(q); 

29 CFR 778.603. The employer must 

also compensate for time spent in such 

remedial education at no less than the 

employee’s regular rate of pay. 29 U.S.C. 

207(a), (q); 29 CFR 778.603. Regulations, 

29 CFR 516, Records to be Kept by 

Employers, contains the basic 

recordkeeping requirements for 

employers of employees subject to FLSA 

protections. In addition to the basic 

recordkeeping requirements, employers 

using this partial overtime exemption 

must indicate the hours an employee 

engages in exempt remedial education 

each workday and total hours each work 

week. 29 CFR 516.34, 778.603. The 

employer may either state the hours 

separately or make a notation on the 

payroll. 29 CFR 516.34, and 778.603. 

The subject information collection 

relates only to the section 516.34 

requirements. This information 

collection is currently approved for use 

through April 30, 2009. 

II. Review Focus: The Department of 

Labor is particularly interested in 

comments which: 

• 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 submissions 

of responses. 

III. Current Actions: The DOL seeks 

approval for the extension of this 

currently approved information 

collection in order to carry out its 

responsibility to review and determine 

employer compliance with the 

applicable section of the FLSA. These 

recordkeeping requirements for 

employers utilizing the partial overtime 

exemption for remedial education are 

necessary to ensure employees are paid 

in compliance with the FLSA. 

Type of Review: Extension. 

Agency: Employment Standards 

Administration. 

Titles: Partial Overtime Exemption for 

Remedial Education. 

OMB Number: 1215–0175. 

Affected Public: Business or other forprofit; Not-for-profit institutions. 

Type of Response: Recordkeeping. 

Total Respondents: 15,000. 

Total Annual Responses: 30,000. 

Estimated Total Burden Hours: 5,000. 

Estimated Time per Response: 1 

minute per week for 10 weeks (10 

minutes per year). 

Total Burden Cost (capital/startup): 

$0. 

Total Burden Cost (operating/ 

maintenance): $0. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for Office of 

Management and Budget approval of the 

information collection request; they will 

also become a matter of public record. 

Dated: September 25, 2008. 

Hazel M. Bell, 

Acting Chief, Branch of Management Review 

and Internal Control, Division of Financial 

Management, Office of Management, 

Administration and Planning, Employment 

Standards Administration. 

[FR Doc. E8–22935 Filed 9–30–08; 8:45 am] 

BILLING CODE 4510–27–P 


jlentini on PROD1PC65 with NOTICES