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Federal Register / Vol. 71, No.

85 / Wednesday, May 3, 2006 / Notices 26109

section, delete the following phrase: ‘‘to INTERNATIONAL TRADE Consent Decree (‘‘Consent Decree’’) in
conduct site characterization studies to COMMISSION the United States District Court for the
determine a suitable location for Northern District of Alabama in the
[Investigation No. 731–TA–851 (Review)] matter captioned United States, et al. v.
disposal of uranium mill site tailings’’
Synthetic Indigo From China Alabama Power Company, (Civil Action
Kent Hoffman, No. 2:01–cv–00152–VEH).
Deputy State Director, Division of Land and Determination The Consent Decree would resolve the
Minerals. liability of Alabama Power Company
On the basis of the record 1 developed (‘‘APC’’) relating to the Fifth Claim for
[FR Doc. E6–6682 Filed 5–2–06; 8:45 am]
in the subject five-year review, the Relief included in the United States’
BILLING CODE 6450–01–P United States International Trade Amended Complaint in this action,
Commission (Commission) determines, which the United States brought
pursuant to section 751(c) of the Tariff pursuant to Sections 113 and 167 of the
DEPARTMENT OF THE INTERIOR Act of 1930 (19 U.S.C. 1675(c)) (the Clean Air Act (‘‘the Act’’), 42 U.S.C.
Act), that revocation of the antidumping 7413, 7477. The United States’ Fifth
Minerals Management Service
duty order on synthetic indigo from Claim for Relief concerned the
Outer Continental Shelf (OCS) Policy China would not be likely to lead to construction of Units 3 and 4 at
Committee—Notice of Renewal continuation or recurrence of material Alabama Power Company’s James H.
injury to an industry in the United Miller, Jr. coal-fired electric power
AGENCY: Minerals Management Service, States within a reasonably foreseeable plant, located near the town of West
Interior. time. Jefferson, in Jefferson County, Alabama
Background (‘‘Plant Miller’’). The United States
ACTION: Notice of renewal of the OCS alleged in its Fifth Claim for Relief that
Policy Committee. The Commission instituted this APC violated the Prevention of
review on May 2, 2005 (70 FR 22701) Significant Deterioration (‘‘PSD’’)
SUMMARY: Following consultation with and determined on August 5, 2005 that requirements of the Act, 42 U.S.C.
the General Services Administration, it would conduct a full review (70 FR 7470–92, and regulations promulgated
notice is hereby given that the Secretary 48588, August 18, 2005). Notice of the thereunder, including the State
of the Interior (Secretary) is renewing scheduling of the Commission’s review Implementation Plan (‘‘SIP’’) approved
the OCS Policy Committee. and of a public hearing to be held in under the Act for the State of Alabama,
connection therewith was given by by failing to obtain a PSD permit from
The OCS Policy Committee will posting copies of the notice in the Office
provide advice to the Secretary, through EPA for Plant Miller Unit 3, or the
of the Secretary, U.S. International appropriate PSD permit for Plant Miller
the Director of the Minerals Trade Commission, Washington, DC, Unit 4, incorporating Best Available
Management Service, related to the and by publishing the notice in the Control Technology (‘‘BACT’’)
discretionary functions of the Bureau Federal Register on September 27, 2005 requirements. The United States alleged
under the OCS Lands Act and related (70 FR 56489). The hearing was held in that these PSD permit requirements
statutes. The Committee will review and Washington, DC, on February 9, 2006, became applicable, inter alia, by virtue
comment on all aspects of leasing, and all persons who requested the of APC’s failure to undertake and
exploration, development and opportunity were permitted to appear in implement a continuous program of on-
protection of OCS resources and provide person or by counsel. site construction and/or to complete
a forum to convey views representative The Commission transmitted its construction of Plant Miller Units 3 and
of coastal states, local government, determination in this investigation to 4 within a reasonable time. In the
offshore mineral industries, the Secretary of Commerce on April 27, alternative, the United States alleged
environmental community, and other 2006. The views of the Commission are that APC violated Section 111(e) of the
users of the offshore and the interested contained in USITC Publication 3846 Act by operating Plant Miller Units 3
public. (April 2006), entitled Synthetic Indigo and 4 without complying with an
from China: Investigation No. 731–TA– applicable standard of performance—40
FOR FURTHER INFORMATION CONTACT: 851 (Review). CFR part 60, Subpart Da—promulgated
Jeryne Bryant, Minerals Management by EPA pursuant to the New Source
By order of the Commission.
Service, Offshore Minerals Management, Performance Standards (‘‘NSPS’’)
Issued: April 27, 2006.
Herndon, Virginia 20170–4817, provisions of the Act. The United States
Marilyn R. Abbott,
telephone (703) 787–1213. alleged that the NSPS Subpart Da
Secretary to the Commission.
Certification regulations became applicable by virtue
[FR Doc. E6–6698 Filed 5–2–06; 8:45 am] of APC’s failure to commence a
BILLING CODE 7020–02–P continuous program of on-site
I hereby certify that the renewal of the
OCS Policy Committee is in the public construction of the boilers for Plant
interest in connection with the Miller Units 3 and 4 until after
performance of duties imposed on the DEPARTMENT OF JUSTICE September 19, 1978.
Department of the Interior by 43 U.S.C. Plaintiff-Intervenor Alabama
Notice of Lodging of Partial Consent Environmental Council, Inc., which is
1331 et seq., 30 U.S.C. 1701 et seq., and Decree Pursuant to the Clean Air Act also a party to the Consent Decree,
30 U.S.C. 1001 et seq.
Under 28 CFR 50.7, notice is hereby alleged similar PSD violations
Dated: April 26, 2006. concerning the Plant Miller Units 3 and
given that on April 24, 2006, the United
jlentini on PROD1PC65 with NOTICES

P. Lynn Scarlett, States lodged a proposed partial 4 in its Ninth and Tenth Claims for
Acting Secretary of the Interior. Relief included in its complaint in
[FR Doc. 06–4133 Filed 5–2–06; 8:45 am] 1 The record is defined in § 207.2(f) of the intervention in this action.
Commission’s Rules of Practice and Procedure (19 Under the terms of the proposed
BILLING CODE 4310–MR–M
CFR 207.2(f)). Consent Decree, the civil claims for

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