Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices 65031 

Dated: October 15, 2010. 

David Tarler, 

Designated Federal Officer, Native American 

Graves Protection and Repatriation Review 

Committee. 

[FR Doc. 2010–26464 Filed 10–20–10; 8:45 am] 

BILLING CODE 4312–50–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. TA–131–035 and TA 

2104–027] 

U.S.-Trans-Pacific Partnership Free 

Trade Agreement Including Malaysia: 

Advice on the Probable Economic 

Effect of Providing Duty-Free 

Treatment for Imports 

AGENCY: United States International 

Trade Commission. 

ACTION: Institution of investigations and 

scheduling of hearing. 

SUMMARY: Following receipt on October 

5, 2010, of a request from the United 

States Trade Representative (USTR), the 

Commission instituted investigation 

nos. TA–131–035 and TA–2104–027, 

U.S.-Trans-Pacific Partnership Free 

Trade Agreement Including Malaysia: 

Advice on the Probable Economic Effect 

of Providing Duty-Free Treatment for 

Imports. 

DATES: 

November 10, 2010: Deadline for filing 

requests to appear at the public 

hearing. 

November 12, 2010: Deadline for filing 

pre-hearing briefs and statements. 

November 17, 2010: Public hearing. 

November 26, 2010: Deadline for filing 

post-hearing briefs and statements. 

November 26, 2010: Deadline for filing 

all other written submissions. 

January 7, 2011: Transmittal of 

Commission report to the United 

States Trade Representative. 

ADDRESSES: All Commission offices, 

including the Commission’s hearing 

rooms, are located in the United States 

International Trade Commission 

Building, 500 E Street, SW., 

Washington, DC. All written 

submissions should be addressed to the 

Secretary, United States International 

Trade Commission, 500 E Street, SW., 

Washington, DC 20436. The public 

record for this investigation may be 

viewed on the Commission’s electronic 

docket (EDIS) at http://www.usitc.gov/ 

secretary/edis.htm. 

FOR FURTHER INFORMATION CONTACT: 

Heidi Colby-Oizumi, Project Leader 

(202–205–3391, heidi.colby@usitc.gov), 

or Falan Yinug, Deputy Project Leader 

(202–205–2160, falan.yinug@usitc.gov), 

for information specific to these 

investigations. For information on the 

legal aspects of these investigations, 

contact William Gearhart of the 

Commission’s Office of the General 

Counsel (202–205–3091, 

william.gearhart@usitc.gov). The media 

should contact Margaret O’Laughlin, 

Office of External Relations (202–205– 

1819, margaret.olaughlin@usitc.gov). 

Hearing-impaired individuals may 

obtain information on this matter by 

contacting the Commission’s TDD 

terminal at 202–205–1810. General 

information concerning the Commission 

may also be obtained by accessing its 

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

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. 

Background: In response to an earlier 

request from the USTR, the 

Commission, on June 2, 2010, delivered 

a report to the USTR containing its 

advice and assessment in investigation 

Nos. TA–131–034 and TA–2104–026, 

U.S.-Trans-Pacific Partnership Free 

Trade Agreement: Advice on Probable 

Economic Effect of Providing Duty-Free 

Treatment for Imports, relating to the 

effects of a possible free trade agreement 

with seven countries (Australia, Brunei 

Darussalam, Chile, New Zealand, Peru, 

Singapore, and Vietnam). 

In his letter of October 5, 2010, the 

USTR advised the Commission that 

Malaysia has joined the negotiations, 

known as the Trans-Pacific Partnership 

(TPP) negotiations, and requested that 

the Commission provide certain advice 

under section 131 of the Trade Act of 

1974 (19 U.S.C. 2151) and an 

assessment under section 2104(b)(2) of 

the Trade Act of 2002 (19 U.S.C. 

3804(b)(2)) with respect to the effects of 

providing duty-free treatment for 

imports from all eight countries. 

More specifically, the USTR, under 

authority delegated by the President and 

pursuant to section 131 of the Trade Act 

of 1974, requested that the Commission 

provide a report containing its advice as 

to the probable economic effect of 

providing duty-free treatment for 

imports of products from the eight TPP 

partner countries (Australia, Brunei 

Darussalam, Chile, Malaysia, New 

Zealand, Peru, Singapore, and Vietnam) 

on (i) industries in the United States 

producing like or directly competitive 

products, and (ii) on consumers. The 

USTR asked that the Commission’s 

analysis consider each article in 

chapters 1 through 97 of the 

Harmonized Tariff Schedule of the 

United States (HTS) for which tariffs 

will remain, taking into account 

implementation of U.S. commitments in 

the World Trade Organization and 

under U.S. free trade agreements in 

force between the United States and 

TPP partner countries. The USTR asked 

that the advice be based on the HTS in 

effect during 2010 and trade data for 

2008. The USTR also requested that the 

Commission, in preparing its advice, 

assume that any known U.S. non-tariff 

barrier will not be applicable to such 

imports, and that the Commission note 

in its report any instance in which the 

continued application of a U.S. nontariff barrier would result in different 

advice with respect to the effect of the 

removal of the duty. 

In addition, the USTR requested that 

the Commission prepare an assessment, 

pursuant to section 2104(b)(2) of the 

Trade Act of 2002, of the probable 

economic effects of eliminating tariffs 

on imports from the TPP countries of 

those agricultural products on the list 

attached to his letter on (i) industries in 

the United States producing the product 

concerned, and (ii) the U.S. economy as 

a whole. 

The USTR asked that the Commission 

identify in its report, among other 

things, any changes in its advice from 

the advice delivered on June 2, 2010, 

that did not include Malaysia. The 

USTR also stated that the Commission 

need not repeat analysis and discussion 

included in that earlier report. The 

USTR further asked that the 

Commission, to the extent appropriate, 

draw from discussion and analysis in its 

report delivered to USTR on June 30, 

2006, relating to a U.S.-Malaysia FTA 

(investigation Nos. TA–131–033 and 

TA–2104–022, U.S.-Malaysia Free 

Trade Agreement: Advice Concerning 

the Probable Economic Effect of 

Providing Duty-Free Treatment for 

Imports). 

As requested, the Commission will 

provide its report to the USTR by 

January 7, 2011. The USTR indicated 

that those sections of the Commission’s 

report that relate to the advice and 

assessment of probable economic effects 

will be classified. The USTR also 

indicated that he considers the 

Commission’s report to be an interagency memorandum that will contain 

pre-decisional advice and be subject to 

the deliberative process privilege. 

Public Hearing: A public hearing in 

connection with these investigations 

will be held at the U.S. International 

Trade Commission Building, 500 E 

Street, SW., Washington, DC, beginning 

at 9:30 a.m., November 17, 2010. 

Requests to appear at the public hearing 

should be filed with the Secretary not 

later than 5:15 p.m., November 10, 2010, 

in accordance with the requirements in 


jlentini on DSKJ8SOYB1PROD with NOTICES
65032 Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices 

the ‘‘Submissions’’ section below. All 

pre-hearing briefs and statements 

should be filed not later than 5:15 p.m., 

November 12, 2010; and all post-hearing 

briefs and statements should be filed not 

later than 5:15 p.m., November 26, 2010. 

Written Submissions: In lieu of or in 

addition to participating in the hearing 

and filing briefs and statements relating 

to the hearing, interested parties are 

invited to file written submissions 

concerning these investigations. All 

written submissions should be 

addressed to the Secretary, and should 

be received not later than 5:15 p.m., 

November 18, 2010. All written 

submissions must conform with the 

provisions of § 201.8 of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 201.8). Section 201.8 

requires that a signed original (or a copy 

so designated) and fourteen (14) copies 

of each document be filed. In the event 

that confidential treatment of a 

document is requested, at least four (4) 

additional copies must be filed, in 

which the confidential information 

must be deleted (see the following 

paragraph for further information 

regarding confidential business 

information). The Commission’s rules 

authorize filing submissions with the 

Secretary by facsimile or electronic 

means only to the extent permitted by 

section 201.8 of the rules (see Handbook 

for Electronic Filing Procedures, http:// 

www.usitc.gov/secretary/ 

fed_reg_notices/rules/documents/ 

handbook_on_electronic_filing.pdf). 

Persons with questions regarding 

electronic filing should contact the 

Secretary (202–205–2000). 

Any submissions that contain 

confidential business information must 

also conform with the requirements of 

§ 201.6 of the Commission’s Rules of 

Practice and Procedure (19 CFR 201.6). 

Section 201.6 of the rules requires that 

the cover of the document and the 

individual pages be clearly marked as to 

whether they are the ‘‘confidential’’ or 

‘‘non-confidential’’ version, and that the 

confidential business information be 

clearly identified by means of brackets. 

All written submissions, except for 

confidential business information, will 

be made available for inspection by 

interested parties. The Commission may 

include some or all of the confidential 

business information submitted in the 

course of the investigations in the report 

it sends to the USTR. The Commission 

will not otherwise publish any 

confidential business information in a 

manner that would reveal the operations 

of the firm supplying the information. 

By order of the Commission. 

Issued: October 15, 2010. 

William R. Bishop, 

Acting Secretary to the Commission. 

[FR Doc. 2010–26377 Filed 10–20–10; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Notice is hereby given that on 

September 17, 2010, an electronic 

version of a proposed Consent Decree 

was lodged in the United States District 

Court for the Western District of 

Kentucky in United States and the 

Commonwealth of Kentucky v. Westlake 

Vinyls, Inc. and Westlake PVC 

Corporation, No. 5:10–CV–00168–TBR. 

The Consent Decree resolves claims of 

the United States and the 

Commonwealth of Kentucky against 

Westlake Vinyls, Inc. and Westlake PVC 

Corporation (‘‘Westlake’’) for civil 

penalties and injunctive relief based on 

violations of the Clean Air Act, 42 

U.S.C. 7401 et seq., as well as the Air 

Implementation Plan for the 

Commonwealth of Kentucky (the 

‘‘Kentucky SIP’’) promulgated and 

approved by EPA pursuant to the Clean 

Air Act; the Clean Water Act, 33 U.S.C. 

1251 et seq., and applicable laws and 

regulations implementing the Clean 

Water Act; the Resource Conservation 

and Recovery Act, 42 U.S.C. 6901 et seq. 

and implementing regulations; Sections 

103(a) and 109(c) of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act, as 

amended (‘‘CERCLA’’), 42 U.S.C. 9603(a) 

and 9609(c), and implementing 

regulations codified at 40 CFR part 302; 

and sections 304, 313 and 325(b)(3) of 

the Emergency Planning and 

Community Right-to-Know Act of 1986 

(‘‘EPCRA’’), 42 U.S.C. 11004, 11013 and 

11045(b)(3). 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the proposed 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 et al. v. Westlake Vinyls, Inc. et 

al., No. 5:10–CV–00168–TBR and DOJ 

No. 90–5–2–1–08097. 

Under the proposed consent decree, 

Westlake will perform injunctive relief. 

With regard to Clean Air Act injunctive 

relief, Westlake will implement a 

reroute of certain vent streams so that at 

least 40% of the emissions from an 

absorber vent can be routed to the 

operating incinerator in case of an 

incinerator outage. The company has 

installed flow meters that will measure 

for compliance. Westlake will follow a 

specific protocol for three years in the 

case of both planned and unplanned 

incinerator outages. During all 

incinerator outages, Westlake will 

maintain the absorber vent as a Group 

2 process vent under the Hazardous 

Organic NESHAP regulations. 

For three years, Westlake will also 

implement an enhanced Leak Detection 

and Repair program to control emissions 

of hazardous air pollutants. In addition, 

Westlake will implement an enhanced 

daily monitoring for the cooling towers 

according to a protocol approved by 

EPA and the Commonwealth. 

Under the consent decree, Westlake 

will submit revised Leak Detection and 

Elimination Plans, as required by 

applicable regulations, for the vinyl 

chloride and the polyvinyl chloride 

plants, including a Leak Detection Plan 

and an Area Monitoring Plan, with 

specific changes as outlined in the 

consent decree. 

Westlake will review the most recent 

Total Annual Benzene (‘‘TAB’’) report 

for the vinyl chloride plant to determine 

if the TAB report is in compliance with 

the compliance option Westlake has 

selected and will provide a report to 

EPA and the Commonwealth. 

For purposes of New Source Review 

permitting under the Clean Air Act, the 

consent decree specifies that the 

polyvinyl chloride plant and the vinyl 

chloride plant are under Westlake’s 

common control, and Westlake will not 

contest administratively or judicially a 

finding by the Commonwealth or any 

other permitting authority under the 

Clean Air Act that the two plants are a 

‘‘single source’’ for purposes of 

permitting. 

With respect to Resource 

Conservation and Recovery Act 

injunctive relief, Westlake will conduct 

a subsurface investigation and will 

perform any necessary remediation at 

various lift stations at the polyvinyl 

chloride plant. Westlake will sample 

and test the integrity of lift stations 7 

and 9 pursuant to an approved 

workplan and will perform a subsurface 

investigation of the facility if EPA 

decides one is required. In any case, 

Westlake will perform an investigation 

for Lift 8 pursuant to an approved work 

plan. Westlake will implement any 

corrective measures required by EPA, 

and will post financial assurance. 

With regard to reporting of releases of 

hazardous substances under EPCRA/ 

CERCLA, Westlake will review its 


jlentini on DSKJ8SOYB1PROD with NOTICES