28954 Federal Register / Vol. 74, No. 116 / Thursday, June 18, 2009 / Notices 

Some areas adjacent to the toe of the 

levee contain intact archaeological 

resources. Adverse effects to 

archaeological resources may occur 

from the use of heavy equipment during 

levee construction that could disturb 

surface or shallowly buried deposits. 

Adverse effects may also occur to 

archaeological deposits that will be 

buried by the addition of the fill 

material on the surface above them. 

Alternatively, levee footprint expansion 

may protect archaeological resources by 

capping with fill material, preserving 

those resources in place. 

Architectural resources may be 

adversely affected by levee height 

increases or by expansion of the levee 

footprint. Potential effects include 

vibration and ground disturbance from 

the use of heavy equipment during 

construction. Design for levee 

improvements is primarily considering 

avoidance of the structures as much as 

possible. However, if structures have to 

be removed or modified, USIBWC will 

consult with the Texas Historical 

Commission (THC) to determine the 

appropriate level of documentation 

prior to any modification. In addition to 

documentation, mitigation of impacts to 

cultural resources may include their 

replacement with ‘‘in-kind’’ structures 

that will look and operate the same. 

Native American resources may be 

affected by the levee improvements; 

consultation with the Native American 

tribes is ongoing to identify resources or 

concerns regarding the project. 

Under NEPA, there will be no 

significant impacts (i.e., ‘‘unresolvable’’ 

adverse effects under National Historic 

Preservation Act [NHPA]) to cultural 

resources because all cultural resources 

will be identified and evaluated for 

National Register of Historic Places 

(NRHP) eligibility. Any impacts to 

National Register of Historic Placeseligible resources will be mitigated prior 

to implementation of levee height 

increases or footprint expansion, in 

consultation with the Texas Historical 

Commission and Native American 

Tribes. 

Water Resources 

Flood control improvements to the 

ACF will increase flood containment 

capacity to control the design flood 

event with a negligible increase in water 

surface elevation. Levee footprint 

expansion will not affect water bodies. 

Land Use 

Footprint levee expansion, where 

required, will take place completely 

within the existing ROW. No urban or 

agricultural lands will be affected. 

Soil 

Improvement activity contributing to 

soil disturbance will include 

geotechnical investigations and adding 

soil to the top and sides of the levee. 

Levee fill material will come from local 

commercial sources and not from 

borrow areas in the floodplain. The 

disturbance of soil will occur within 

areas where soil has been disturbed and 

modified by prior levee construction 

and maintenance activities. Therefore, 

alteration of soil previously 

unassociated with the existing levee 

will not occur. 

Community Resources 

In terms of socioeconomic resources, 

the influx of federal funds into Hidalgo 

and Cameron Counties from the flood 

control improvement area will have a 

positive but minor local economic 

impact. The impact will be limited to 

the construction period, and represent 

less than 1 percent of the annual county 

employment, income, and sales values. 

No adverse impacts to 

disproportionately high minority and 

low-income populations were identified 

for construction activities. Moderate 

utilization of public roads will be 

required during construction; a 

temporary increase in access road use 

will be required for equipment 

mobilization to staging areas. 

Environmental Health Issues 

Estimated air emissions of five criteria 

pollutants during construction will be 

discontinuous and represent less than 

0.13 percent of the annual emissions 

inventory within the air quality control 

region of Hidalgo, Cameron, and 

Willacy Counties. There will be a 

moderate increase in ambient noise 

levels due to construction activities. No 

long-term and regular exposure is 

expected above noise threshold values. 

A database search indicated that no 

waste storage and disposal sites were 

within the proposed ACF levee 

improvement area, and none will affect, 

or be affected by, the levee improvement 

project. 

Best Management Practices 

When warranted due to engineering 

considerations, or for protection of 

biological or cultural resources, the 

need for levee footprint expansion will 

be eliminated by levee slope adjustment 

or use of retaining walls or armored 

banks. Best management practices 

during construction will include 

development of a storm water pollution 

prevention plan to avoid impacts to 

receiving waters, and use of sediment 

barriers and soil wetting to minimize 

erosion. 

To protect vegetation cover, the 

embankment improvement areas will be 

re-vegetated with native herbaceous 

species. To protect wildlife, 

construction activities will be scheduled 

to occur, to the extent possible, outside 

the March to August bird migratory 

season. 

Availability 

Single hard copies of the Final 

Environmental Assessment and Finding 

of No Significant Impact may be 

obtained by request at the above contact 

information. Electronic copies may also 

be obtained from the USIBWC Home 

Page at http://www.ibwc.gov/ 

Organization/Environmental/ 

reports_studies.html. 

Dated: June 12, 2009. 

Robert McCarthy, 

General Counsel. 

[FR Doc. E9–14314 Filed 6–17–09; 8:45 am] 

BILLING CODE 7010–01–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

Notice is hereby given that on June 3, 

2009, a proposed Consent Decree in 

United States v. General Electric Co., 

Civil Action No. 1:09–cv–00545, was 

lodged with the United States District 

Court for the District of New Mexico. 

The Consent Decree resolves the 

United States’ claims against General 

Electric Company (‘‘GE’’) at the South 

Valley Superfund Site located in 

Albuquerque, New Mexico. Those 

claims were brought under Section 107 

of the Comprehensive Environmental 

Response, Compensation and Liability 

Act, 42 U.S.C. 107. The Site consists of 

several industrial facilities, including an 

aircraft manufacturing plant currently 

owned and/or operated by GE and 

formerly owned and/or operated by the 

United States Air Force (‘‘USAF’’), the 

United States Department of Energy 

(‘‘DOE’’), and others. 

The Consent Decree requires that GE 

pay a lump sum of $257,670.00 to 

reimburse the United States for past 

response costs, a lump sum of $71,715 

toward the United States’ future 

response costs, and interest accrued on 

these two sums during the period from 

November 1, 2002 to the date of entry 

of the Consent Decree. The Consent 

Decree also memorializes the obligation 

of the USAF and DOE to pay a lump 

sum of $2,605,330.00 in reimbursement 

for past response costs and a lump sum 

Federal Register / Vol. 74, No. 116 / Thursday, June 18, 2009 / Notices 28955 

of $725,126.00 toward future response 

costs. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the 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 v. General Electric Co., D.J. Ref. 

90–11–2–443A. 

The Consent Decree may be examined 

at the Office of the United States 

Attorney, District of New Mexico, 201 

3rd Street, NW., Albuquerque, New 

Mexico 87102, and at U.S. EPA Region 

6, 1445 Ross Avenue, Dallas, Texas 

75202. 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 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. (202) 514–0097, phone 

confirmation number (202) 514–1547. In 

requesting a copy by mail, from the 

Consent Decree Library, please enclose 

a check in the amount of $25.00 (25 

cents per page reproduction cost) 

payable to the U.S. Treasury. 

Maureen Katz, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. E9–14289 Filed 6–17–09; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF LABOR 

Comment Request for Information 

Collection for Petition and 

Investigative Forms To Assess Group 

Eligibility for Trade Adjustment 

Assistance (OMB Control No. 1205– 

0342), Extension 

AGENCY: Employment and Training 

Administration. 

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 [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. 

In response to Section 221(a) of Title II, 

Chapter 2 of the Trade Act of 1974, as 

amended by the American Recovery and 

Reinvestment Act (ARRA), the 

Employment and Training 

Administration is soliciting comments 

concerning the extension of the Petition 

and Investigative Forms to Assess Group 

Eligibility for Trade Adjustment 

Assistance, OMB Control No. 1205– 

0342, which expires November 30, 

2009. This notice utilizes standard 

clearance procedures in accordance 

with the Paperwork Reduction Act of 

1995 and 5 CFR 1320.12. This 

information collection follows an 

emergency review that was conducted 

in accordance with the Paperwork 

Reduction Act of 1995 and 5 CFR 

1320.13. The submission for OMB 

emergency review was published in the 

Federal Register on April 29, 2009, see 

74 FR 19602. OMB approved the 

emergency clearance under OMB 

control number 1205–0342 on May 15, 

2009. A copy of this ICR can be obtained 

from the RegInfo.gov Web site at http:// 

www.reginfo.gov/public/do/PRAMain. 

DATES: Written comments must be 

submitted to the office listed in the 

addressee’s section below on or before 

August 17, 2009. 

ADDRESSES: Susan Worden, U.S. 

Department of Labor, Employment and 

Training Administration, Room C–5428, 

200 Constitution Avenue, NW., 

Washington, DC 20210. Phone: 202– 

693–3517, Fax: 202–693–3584, E-mail: 

worden.susan@dol.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background: On February 17, 2009, 

the President signed into law the 

American Recovery and Reinvestment 

Act (ARRA). Section 221(a) of Title II, 

Chapter 2 of the Trade Act of 1974, as 

amended by ARRA (19 U.S.C. 2271), 

authorizes the Secretary of Labor and 

the Governor of each State to accept 

petitions for certification of eligibility to 

apply for adjustment assistance. ARRA 

amended Section 222 of the Trade Act 

of 1974 to provide for new eligibility 

criteria designed to expand the number 

of petitioning worker groups assessed as 

adversely affected by trade and therefore 

determined eligible to apply for Trade 

Adjustment Assistance. To solicit the 

data needed to address the new 

eligibility criteria, ETA significantly 

expanded the petition and investigation 

forms under OMB No. 1205–0342. 

The Forms ETA–9042 Petition for 

Trade Adjustment Assistance and its 

Spanish translation, and ETA–9042a 

Solicitud De Asistencia Para Ajuste, 

established a format for filing such 

petitions. The Department’s regulations 

regarding petitions for worker 

adjustment assistance may be found at 

29 CFR 90. Investigative forms designed 

to assess eligibility are undertaken in 

accordance with sections 222, 223 and 

249 of the Trade Act of 1974, as 

amended (19 U.S.C., 2272 and 2273), are 

used by the Secretary of Labor to certify 

groups of workers as eligible to apply 

for worker trade adjustment assistance. 

The Forms include: ETA–9043a— 

Business Confidential Data Request 

Firms that Produce an Article (CDR–A); 

ETA–9043b—Business Confidential 

Data Request Firms that Supply a 

Service (CDR–S); ETA–9043c—Business 

Confidential Data Request Firms Who 

Work on a Contractual Basis; ETA– 

8562a—Business Confidential Customer 

Survey; ETA–8562a—Business 

Confidential Customer Survey; ETA– 

8562a—Business Confidential Customer 

Survey First Tier Purchases of Articles; 

ETA–8562a–1—Business Confidential 

Customer Survey Second Tier Purchases 

of Articles; ETA–8562b—Business 

Confidential Customer Survey Services; 

ETA–8562c—Business Confidential 

Customer Survey Firms who Work on a 

Contractual Basis; ETA–8562d— 

Business Confidential Customer Survey; 

and ETA–9118—Business Confidential 

Information Request. 

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,