Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Notices 25279 

Based on site location, ethnographic 

information, continuity of occupation, 

and consultation evidence, this 

individual has been identified as 

Kumeyaay. The Kumeyaay Indians are 

represented today by the Barona Group 

of Capitan Grande Band of Mission 

Indians of the Barona Reservation, 

California; Campo Band of Diegueno 

Mission Indians of the Campo Indian 

Reservation, California; Capitan Grande 

Band of Diegueno Mission Indians of 

California; Ewiiaapaayp Band of 

Kumeyaay Indians, California; Inaja 

Band of Diegueno Mission Indians of 

the Inaja and Cosmit Reservation, 

California; Jamul Indian Village of 

California; La Posta Band of Diegueno 

Mission Indians of the La Posta Indian 

Reservation, California; Manzanita Band 

of Diegueno Mission Indians of the 

Manzanita Reservation, California; Mesa 

Grande Band of Diegueno Mission 

Indians of the Mesa Grande Reservation, 

California; San Pasqual Band of 

Diegueno Mission Indians of California; 

Santa Ysabel Band of Diegueno Mission 

Indians of the Santa Ysabel Reservation, 

California; Sycuan Band of Diegueno 

Mission Indians of California; and 

Viejas (Baron Long) Group of Capitan 

Grande Band of Mission Indians of the 

Viejas Reservation, California. 

Officials of Caltrans and San Diego 

State University have determined that, 

pursuant to 25 U.S.C. 3001 (9–10), the 

human remains described above 

represent the physical remains of a 

minimum of one individual of Native 

American ancestry. Officials of Caltrans 

and San Diego State University also 

have determined that, pursuant to 25 

U.S.C. 3001 (3)(A), the 57 objects 

described above are reasonably believed 

to have been placed with or near 

individual human remains at the time of 

death or later as part of the death rite 

or ceremony. Lastly, officials of Caltrans 

and San Diego State University have 

determined that, pursuant to 25 U.S.C. 

3001 (2), there is a relationship of 

shared group identity that can be 

reasonably traced between the Native 

American human remains and 

associated funerary objects and the 

Barona Group of Capitan Grande Band 

of Mission Indians of the Barona 

Reservation, California; Campo Band of 

Diegueno Mission Indians of the Campo 

Indian Reservation, California; Capitan 

Grande Band of Diegueno Mission 

Indians of California; Ewiiaapaayp Band 

of Kumeyaay Indians, California; Inaja 

Band of Diegueno Mission Indians of 

the Inaja and Cosmit Reservation, 

California; Jamul Indian Village of 

California; La Posta Band of Diegueno 

Mission Indians of the La Posta Indian 

Reservation, California; Manzanita Band 

of Diegueno Mission Indians of the 

Manzanita Reservation, California; Mesa 

Grande Band of Diegueno Mission 

Indians of the Mesa Grande Reservation, 

California; San Pasqual Band of 

Diegueno Mission Indians of California; 

Santa Ysabel Band of Diegueno Mission 

Indians of the Santa Ysabel Reservation, 

California; Sycuan Band of Diegueno 

Mission Indians of California; and 

Viejas (Baron Long) Group of Capitan 

Grande Band of Mission Indians of the 

Viejas Reservation, California. 

Representatives of any other Indian 

tribe that believes itself to be culturally 

affiliated with the associated funerary 

objects should contact Lynn H. Gamble, 

Director, Collections Management 

Program, San Diego State University, 

5500 Campanile Drive, San Diego, CA 

92182–4443, telephone (619) 594–2305, 

before June 26, 2009. Repatriation of the 

human remains and associated funerary 

objects to the Kumeyaay Cultural 

Repatriation Committee, on behalf of the 

Federally-recognized Barona Group of 

Capitan Grande Band of Mission Indians 

of the Barona Reservation, California; 

Campo Band of Diegueno Mission 

Indians of the Campo Indian 

Reservation, California; Capitan Grande 

Band of Diegueno Mission Indians of 

California; Ewiiaapaayp Band of 

Kumeyaay Indians, California; Inaja 

Band of Diegueno Mission Indians of 

the Inaja and Cosmit Reservation, 

California; Jamul Indian Village of 

California; La Posta Band of Diegueno 

Mission Indians of the La Posta Indian 

Reservation, California; Manzanita Band 

of Diegueno Mission Indians of the 

Manzanita Reservation, California; Mesa 

Grande Band of Diegueno Mission 

Indians of the Mesa Grande Reservation, 

California; San Pasqual Band of 

Diegueno Mission Indians of California; 

Santa Ysabel Band of Diegueno Mission 

Indians of the Santa Ysabel Reservation, 

California; Sycuan Band of Diegueno 

Mission Indians of California; and 

Viejas (Baron Long) Group of Capitan 

Grande Band of Mission Indians of the 

Viejas Reservation, California, may 

proceed after that date if no additional 

claimants come forward. 

San Diego State University is 

responsible for notifying the Barona 

Group of Capitan Grande Band of 

Mission Indians of the Barona 

Reservation, California; Campo Band of 

Diegueno Mission Indians of the Campo 

Indian Reservation, California; Capitan 

Grande Band of Diegueno Mission 

Indians of California; Ewiiaapaayp Band 

of Kumeyaay Indians, California; Inaja 

Band of Diegueno Mission Indians of 

the Inaja and Cosmit Reservation, 

California; Jamul Indian Village of 

California; La Posta Band of Diegueno 

Mission Indians of the La Posta Indian 

Reservation, California; Manzanita Band 

of Diegueno Mission Indians of the 

Manzanita Reservation, California; Mesa 

Grande Band of Diegueno Mission 

Indians of the Mesa Grande Reservation, 

California; San Pasqual Band of 

Diegueno Mission Indians of California; 

Santa Ysabel Band of Diegueno Mission 

Indians of the Santa Ysabel Reservation, 

California; Sycuan Band of Diegueno 

Mission Indians of California; Viejas 

(Baron Long) Group of Capitan Grande 

Band of Mission Indians of the Viejas 

Reservation, California; and the 

Kumeyaay Cultural Repatriation 

Committee, which is composed of the 

authorized NAGPRA representatives of 

the aforementioned Indian tribes, that 

this notice has been published. 

Dated: April 15, 2009 

Sherry Hutt, 

Manager, National NAGPRA Program. 

[FR Doc. E9–12259 Filed 5–26–09; 8:45 am] 

BILLING CODE 4312–50–S 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[CO–923–1430–ET; COC–70988] 

Public Land Order No. 7733; 

Withdrawal of Public Land for Emerald 

Mountain Recreation Management 

Area; Colorado 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Public Land Order. 

SUMMARY: This order withdraws 

approximately 4,138 acres of public 

lands from all forms of appropriation 

under the public land laws, including 

the United States mining laws, and the 

mineral and geothermal leasing laws, for 

a period of 20 years for the Bureau of 

Land Management to protect the scenic, 

recreation, water quality and wildlife 

habitat values of the Emerald Mountain 

Recreation Management Area in Routt 

County, Colorado. 

DATES: Effective Date: May 22, 2009. 

FOR FURTHER INFORMATION CONTACT: John 

D. Beck, Branch of Lands and Realty, 

Colorado State Office, 2850 Youngfield 

Street, Lakewood, Colorado 80215– 

7093, 303–239–3882. 

SUPPLEMENTARY INFORMATION: The lands 

embraced within the exterior 

boundaries of this withdrawal were 

recently acquired by the Bureau of Land 

Management from the State of Colorado 

to protect the scenic, recreation, water 

quality and wildlife habitat values. 


erowe on PROD1PC63 with NOTICES
25280 Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Notices 

Order 

By virtue of the authority vested in 

the Secretary of the Interior by Section 

204 of the Federal Land Policy and 

Management Act, 43 U.S.C. 1714 (2000), 

it is ordered as follows: 

1. Subject to valid existing rights, the 

following described lands are hereby 

withdrawn from all forms of 

appropriation under the public land 

laws, including location and entry 

under the United States mining laws, 

(30 U.S.C. Ch. 2 (2000)), and the 

geothermal and mineral leasing laws, to 

protect scenic, recreation, water quality 

and wildlife values of the Emerald 

Mountain Recreation Management Area: 

Sixth Principal Meridian 

T. 6 N., R. 85 W., 

sec. 13, SE1⁄4SE1⁄4, excepting and excluding 

the west 100 feet thereof and the north 

100 feet thereof; 

sec. 15, S1⁄2NE1⁄4, S1⁄2SW1⁄4, and SE1⁄4; 

sec. 21, that portion of the 

S1⁄2N1⁄2SE1⁄4NE1⁄4, S1⁄2SE1⁄4NE1⁄4, and 

E1⁄2SE1⁄4 lying North and East of the 

centerline of the Cow Creek Road 

(County Road No. 45) excepting the 

traverse and right-of-way, whether an 

easement or in fee, for County Road No. 

45; 

sec. 22; 

sec. 23, W1⁄2NW1⁄4, W1⁄2SE1⁄4NW1⁄4, 

SE1⁄4SE1⁄4NW1⁄4, SW1⁄4, S1⁄2N1⁄2SE1⁄4, 

and S1⁄2SE1⁄4; 

sec. 24, NE1⁄4NE1⁄4, W1⁄2NE1⁄4, 

E1⁄2E1⁄2NW1⁄4, E1⁄2SW1⁄4, S1⁄2NW1⁄4SW1⁄4, 

SW1⁄4SW1⁄4, NW1⁄4SE1⁄4, and S1⁄2SE1⁄4; 

secs. 25 and 26; 

secs. 27, 34, and 35, those portions lying 

north and east of the centerline of the 

Cow Creek Road (County Road No. 45); 

Excepting Therefrom a parcel of land 

containing 123.78 acres located in secs. 23 

and 24 of T. 6 N., R. 85 W. of the 6th P.M. 

Routt County, Colorado, described as follows: 

Beginning at a point on the North side of an 

existing road (top of ridge) and on the 

North line of the said NW1⁄4NW1⁄4 of sec. 

23 from which the Northwest corner of 

said sec. 23 bears N89°13′32′′W 164.58 feet; 

Thence East along the North line of the said 

NW1⁄4NW1⁄4 of sec. 23 to the Northwest 

corner of the NE1⁄4NW1⁄4 of sec. 23 and the 

Northwest corner of a parcel of land which 

is described at Reception Number 610794 

(State: of Colorado Patent No. 8350) of the 

Routt County Clerk and Recorders Records; 

Thence South along the West line of the said 

NE1⁄4NW1⁄4 of sec. 23 and along the West 

line said Reception Number 610794; 

Thence East along the South line of the said 

NE1⁄4NW1⁄4 of sec. 23 and along a South 

line said Reception Number 610794; 

Thence South along the West line of the said 

NE1⁄4SE1⁄4NW1⁄4 of sec. 23 and along a 

West line said Reception Number 610794; 

Thence East along the South line of the said 

NE1⁄4SE1⁄4NW1⁄4 of sec. 23 and along a 

South line said Reception Number 610794; 

Thence South along the West line of the said 

NE1⁄4 of sec. 23 and along a West line said 

Reception Number 610794; 

Thence South along the West line of the said 

N1⁄2N1⁄2SE1⁄4 of sec. 23 and along a West 

line said Reception Number 610794; 

Thence East along the South line of the said 

N1⁄2N1⁄2SE1⁄4 of sec. 23 and along the South 

line said Reception Number 610794; 

Thence East along the South line of the said 

N1⁄2NW1⁄4SW1⁄4 of sec. 24 and along the 

South line said Reception Number 610794; 

Thence North along the East line of the said 

N1⁄2NW1⁄4SW1⁄4 of sec. 24 and along an 

East line said Reception Number 610794; 

Thence East along the South line of the said 

W1⁄2SE1⁄4NW1⁄4 of sec. 24 and along a 

South line said Reception Number 610794; 

Thence North along the East line of the said 

W1⁄2SE1⁄4NW1⁄4 of sec. 24 and along an East 

line said Reception Number 610794 to the 

VOR Boundary Line (State Lease No. S– 

40743); 

Thence along the VOR Boundary Line 

S12°50′38′′E 299.28 feet; 

Thence S33°42′38′′E 22.93 feet to the said 

North side of an existing road (top of 

ridge); 

Thence along the North side of an existing 

road (top of ridge) the following 110 calls; 

Thence S50°53′35′′W 74.77 feet; 

Thence S30°01′45′′W 154.66 feet; 

Thence S28°31′35′′W 87.10 feet; 

Thence S69°35′54′′W 81.43 feet; 

Thence S85°40′20′′W 60.86 feet; 

Thence S49°17′24′′W 58.86 feet; 

Thence S41°56′59′′W 134.03 feet; 

Thence S37°38′18′′W 87.73 feet; 

Thence S15°35′30′′W 79.00 feet; 

Thence S49°46′21′′W 108.55 feet; 

Thence S12°48′13′′W 74.61 feet; 

Thence S38°47′34′′W 88.97 feet; 

Thence N85°43′33′′W 115.46 feet; 

Thence N31°26′52′′W 73.54 feet; 

Thence N14°56′20′′W 104.21 feet; 

Thence N56°36′48′′W 84.47 feet; 

Thence N86°58′32′′W 25.88 feet; 

Thence N54°51′32′′W 72.09 feet; 

Thence S85°51′12′′W 105.33 feet; 

Thence S61°17′43′′W 268.38 feet; 

Thence S40°58′52′′W 112.92 feet; 

Thence S52°06′13′′W 122.46 feet; 

Thence S60°18′48′′W 136.16 feet; 

Thence S76°44′29′′W 99.18 feet; 

Thence S86°42′26′′W 66.02 feet; 

Thence S68°09′27′′W 71.14 feet; 

Thence S72°42′33′′W 86.80 feet; 

Thence S76°38′34′′W 74.19 feet; 

Thence S58°25′05′′W 104.46 feet; 

Thence S83°56′22′′W 58.42 feet; 

Thence N64°17′55′′W 154.26 feet; 

Thence S84°05′15′′W 114.25 feet; 

Thence S88°58′19′′W 132.72 feet; 

Thence S68°36′20′′W 53.92 feet; 

Thence S76°57′09′′W 103.67 feet; 

Thence N82°43′50′′W 152.63 feet; 

Thence S65°04′59′′W 131.51 feet; 

Thence S81°58′30′′W 50.01 feet; 

Thence N66°22′44′′W 103.89 feet; 

Thence N67°36′04′′W 142.14 feet; 

Thence N81°15′18′′W 101.71 feet; 

Thence N88°03′08′′W 91.61 feet; 

Thence N85°51′10′′W 83.84 feet; 

Thence S63°07′53′′W 96.98 feet; 

Thence S87°19′55′′W 52.62 feet; 

Thence N81°02′21′′W 52.60 feet; 

Thence S72°58′28′′W 102.27 feet; 

Thence N85°45′58′′W 46.89 feet; 

Thence N76°50′26′′W 121.49 feet; 

Thence N66°37′46′′W 82.62 feet; 

Thence N70°03′27′′W 102.49 feet; 

Thence N86°09′48′′W 144.29 feet; 

Thence N61°19′11′′W 54.13 feet; 

Thence N77°29′21′′W 236.46 feet; 

Thence N65°54′30′′W 63.61 feet; 

Thence N51°07′21′′W 64.32 feet; 

Thence N39°08′23′′W 177.57 feet; 

Thence N63°13′32′′W 88.53 feet; 

Thence N35°43′27′′W 75.59 feet; 

Thence N66°17′06′′W 108.99 feet; 

Thence N57°14′02′′W 58.33 feet; 

Thence N82°43′22′′W 85.03 feet; 

Thence N37°25′09′′W 44.39 feet; 

Thence N24°09′53′′W 38.91 feet; 

Thence N47°56′52′′W 94.25 feet; 

Thence N41°56′57′′W 110.76 feet; 

Thence N25°13′06′′W 129.66 feet; 

Thence N41°27′24′′W 64.04 feet; 

Thence N11°22′34′′W 70.79 feet; 

Thence N41°16′24′′W 120.61 feet; 

Thence N59°17′37′′W 98.64 feet; 

Thence N62°59′30′′W 23.50 feet; 

Thence N32°41′09′′W 75.57 feet; 

Thence N41°54′29′′W 85.05 feet; 

Thence N29°45′20′′W 96.36 feet; 

Thence N04°54′34′′W 105.47 feet; 

Thence N17°02′34′′W 104.53 feet; 

Thence N42°24′33′′W 42.32 feet; 

Thence N73°51′48′′W 148.88 feet; 

Thence N66°36′39′′W 31.71 feet; 

Thence N45°56′30′′W 110.06 feet; 

Thence N3730 18’’W 78.07 feet; 

Thence N29°31′07′′W 97.61 feet; 

Thence N39°24′56′′W 140.33 feet; 

Thence N31°39′34′′W 136.12 feet; 

Thence N41°49′43′′W 89.75 feet; 

Thence N68°54′22′′W 109.23 feet; 

Thence N51°31′11′′W 70.02 feet; 

Thence N15°08′01′′W 15.17 feet; 

Thence N15°27′12′′E 108.56 feet; 

Thence N21°37′52′′E 105.46 feet; 

Thence N06°44′53′′E 107.26 feet; 

Thence N03°03′35′′E 68.31 feet; 

Thence N21°05′16′′E 93.84 feet; 

Thence N00°26′24′′E 65.96 feet; 

Thence N09°16′03′′E 57.58 feet; 

Thence N18°37′13′′W 72.17 feet; 

Thence N37°53′14′′W 124.39 feet; 

Thence N61°43′36′′W 89.58 feet; 

Thence N50°42′33′′W 86.54 feet; 

Thence N53°38′51′′W 83.66 feet; 

Thence N37°16′48′′W 46.09 feet; 

Thence N17°28′58′′W 56.27 feet; 

Thence N06°24′06′′W 44.49 feet; 

Thence N16°53′31′′W 106.95 feet; 

Thence N05°02′10′′W 224.13 feet; 

Thence N14°40′37′′W 82.61 feet; 

Thence N28°19′20′′W 76.69 feet; 

Thence N11°15′24′′W 69.14 feet; 

Thence N00°55′11′′W 21.10 feet to the Point 

of Beginning. 

All bearings shown hereon are based upon 

the North line of the NE1⁄4 of said sec. 24 as 

being N89°24′02′′W. 

The areas described aggregate 

4,138.52 acres, more or less, in Routt 

County according to United States 

Government Survey and James B. 

Ackerman, R.L.S. 416394, of Emerald 

Mountain Surveys, Inc., Steamboat 

Springs, Colorado 80477. 

2. This withdrawal will expire 20 

years from the effective date of this 

order, unless, as a result of a review 


erowe on PROD1PC63 with NOTICES
Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Notices 25281 

conducted before the expiration date 

pursuant to Section 204(f) of the Federal 

Land Policy and Management Act of 

1976, 43 U.S.C. 1714(f) (2000), the 

Secretary determines that the 

withdrawal shall be extended. 

Dated: May 19, 2009. 

Ken Salazar, 

Secretary of the Interior. 

[FR Doc. E9–12307 Filed 5–21–09; 4:15 pm] 

BILLING CODE 4310–JB–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 731–TA–451 (Second 

Review)] 

Gray Portland Cement and Cement 

Clinker From Mexico 

AGENCY: United States International 

Trade Commission. 

ACTION: Termination of review. 

SUMMARY: On April 6, 2009, the U.S. 

Department of Commerce published 

notice of the revocation of its 

antidumping duty order on gray 

portland cement and cement clinker 

from Mexico and termination of the 

sunset review of the order (74 FR 

15435). Accordingly, the Commission 

gives notice that its antidumping duty 

review concerning gray portland cement 

and cement clinker from Mexico 

(Investigation No. 731–TA–451 (Second 

Review)) is terminated. 

DATES: Effective Date: April 1, 2009. 

FOR FURTHER INFORMATION CONTACT: Jim 

McClure (202–205–3191 or via e-mail 

james.mcclure@usitc.gov), Office of 

Investigations, U.S. International Trade 

Commission, 500 E Street, SW., 

Washington, DC 20436. Hearingimpaired individuals are advised that 

information on this matter can be 

obtained 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 

these investigations may be viewed on 

the Commission’s electronic docket 

(EDIS) at http://edis.usitc.gov. 

Authority: This investigation is being 

terminated under authority of title VII of the 

Tariff Act of 1930; this notice is published 

pursuant to section 207.40 of the 

Commission’s rules (19 CFR 207.40). 

By order of the Commission. 

Issued: May 20, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–12261 Filed 5–26–09; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

Pursuant to Department of Justice 

policy, notice is hereby given that, on 

May 18, 2009, a proposed Consent 

Decree in In re James Pielet, Case No. 

06–01026 (Bankr. N.D. Ill.) and In re J.P. 

Investments, Inc., Case No. 06–01037 

(Bankr. N.D. Ill.) was lodged with the 

United States Bankruptcy Court for the 

Northern District of Illinois. The 

Consent Decree provides for recovery of 

response costs that the U.S. 

Environmental Protection Agency 

(‘‘EPA’’) has incurred and will incur in 

addressing environmental 

contamination at two sites: the Midwest 

Metallics Site in Summit, Illinois and 

the H&H Enterprises Site in Gary, 

Indiana. The United States has asserted 

a claim against the J.P. Investments 

bankruptcy estate for $5,087,276 in 

costs associated with the Midwest 

Metallics Site and it has asserted a claim 

against the James Pielet bankruptcy 

estate for $3,210,411.66 in costs 

associated with the H&H Enterprises 

Site. 

The proposed Consent Decree would 

resolve the United States’ claims in the 

two bankruptcy cases in exchange for 

providing EPA: (i) A $700,000.00 

allowed secured claim against the James 

Pielet bankruptcy estate, to be paid on 

a priority basis pursuant to 11 U.S.C. 

725; (ii) a $2,510,411.66 allowed general 

unsecured claim against the James Pielet 

bankruptcy estate; (iii) a $3,391,517.33 

allowed general unsecured claim against 

the J.P. Investments bankruptcy estate; 

and (iv) a $1,695,758.67 allowed general 

unsecured subordinated claim against 

the J.P. Investments bankruptcy estate. 

The Department of Justice will receive 

comments relating to the Consent 

Decree 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 mailed either 

electronically to pubcommentees.enrd@usdoj.gov or in hard copy to 

U.S. Department of Justice, P.O. Box 

7611, Washington, DC 20044–7611. 

Comments should refer to In re James 

Pielet and In re J.P. Investments, Inc. 

and D.J. Ref. Nos. 90–11–2–1092/2 and 

90–11–2–1092/3. 

The Consent Decree may be examined 

at the offices of the U.S. Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, 14th Floor, Chicago, 

Illinois. 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 Department of Justice 

Consent Decree Library, P.O. Box 7611, 

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 $4.25 (17 pages at 25 

cents per page reproduction cost) 

payable to the U.S. Treasury. 

Maureen M. Katz, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. E9–12185 Filed 5–26–09; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

In United States v. MI Metals, Inc. 

Under the Clean Air Act 

Under 28 CFR 50.7, notice is hereby 

given that on May 20, 2009, a proposed 

consent decree (‘‘Consent Decree’’) 

between MI Metals, Inc. (‘‘MI Metals’’) 

and the United States, Civil Action No. 

8:09-cv-921, was lodged with the United 

States District Court for the Middle 

District of Florida, Tampa Division. 

The Consent Decree would resolve 

claims asserted by the United States 

against MI Metals pursuant to Section 

113(b) of the Clean Air Act (the ‘‘Act’’), 

42 U.S.C. 7413(b), seeking injunctive 

relief and the assessment of civil 

penalties for MI Metal’s violations of 

Section 112 of the Act, 42 U.S.C. 7412, 

and the National Emissions Standards 

for Hazardous Air Pollutants 

(‘‘NESHAP’’) for Secondary Aluminum 

Production, codified at 40 CFR Part 63, 

Subparts A and RRR, and Rule 62– 

204.800(11) of the Florida 

Administrative Code (which 

incorporates the federal regulations by 

reference). Pinellas County is a party to 

the settlement and has moved to 

intervene in this action. 

MI Metals operates a secondary 

aluminum production facility in 

Oldsmar, Pinellas County, Florida. The 


erowe on PROD1PC63 with NOTICES