7522 Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / Notices 

models infringe claims 1, 2, 4, 6, and 9 

of the ‘130 patent. 

The Commission has determined to 

affirm the remainder of the ALJ’s 

findings. Specifically, the Commission 

affirms the ALJ’s finding that the 

accused side-by-side model refrigerators 

do not infringe claim 8 of the ‘130 

patent. The Commission also affirms the 

ALJ’s finding that the accused French 

Door model refrigerators do not infringe 

any of the asserted claims of the ‘130 

patent. The Commission further affirms 

the ALJ’s finding that claims 1, 2 4, 6, 

and 9 of the ‘130 patent are invalid for 

obviousness with several modifications 

to the analysis concerning claims 1 and 

2. The Commission also affirms the 

ALJ’s finding that claim 8 is not invalid 

for obviousness. Finally, the 

Commission affirms the ALJ’s finding 

that there is a domestic industry. 

The target date of the investigation 

was February 9, 2010. Due to inclement 

weather, the Federal government was 

closed from Monday, February 8 

through Thursday, February 11, 2010. 

The target date is, therefore, extended to 

Friday, February 12, 2010, pursuant to 

Commission Rule 210.51(a) (19 CFR 

210.51(a)). 

The authority for the Commission’s 

determination is contained in Section 

337 of the Tariff Act of 1930, as 

amended (19 U.S.C. 1337), and in 

sections 210.42–46 of the Commission’s 

Rules of Practice and Procedure (19 CFR 

210.42–46). 

Issued: February 12, 2010. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 2010–3252 Filed 2–18–10; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL BOUNDARY AND 

WATER COMMISSION, UNITED 

STATES AND MEXICO 

United States Section; Notice of 

Availability of the Final Environmental 

Impact Statement, Flood Control 

Improvements and Partial Levee 

Relocation, Presidio Flood Control 

Project, Presidio, TX 

AGENCY: United States Section, 

International Boundary and Water 

Commission (USIBWC). 

ACTION: Notice of Availability of Final 

Environmental Impact Statement. 

SUMMARY: Pursuant to section 102(2)(c) 

of the National Environmental Policy 

Act (NEPA) of 1969, as amended, the 

United States Section, International 

Boundary and Water Commission 

(USIBWC) has prepared a Final 

Environmental Impact Statement (Final 

EIS) for flood control improvements to 

the Presidio Flood Control Project, 

Presidio, Texas (Presidio FCP). The EIS 

analyzed potential impacts of the No 

Action Alternative and six action 

alternatives under consideration. Sitespecific information was used to 

evaluate environmental consequences 

that may result from implementing 

improvements in the upper, middle and 

lower reaches of the Presidio FCP. The 

following environmental resources were 

assessed in the Final EIS: Biological 

resources, cultural resources, water 

resources, land use, socioeconomic 

resources and transportation, 

environmental health issues (air quality, 

noise, public health, and environmental 

hazards), and cumulative impacts. 

DATES: The Draft EIS was available for 

a 45-day review period, November 20, 

2009 to January 12, 2010. Written 

comments were incorporated into the 

Final EIS. The USIBWC will announce 

its decision regarding future actions 

within the Presidio FCP in a Record of 

Decision to be published in the Federal 

Register no sooner than 30 days after 

the Environmental Protection Agency 

publishes a Notice of Availability for the 

Final Environmental Impact Statement, 

Flood Control Improvements and Partial 

Levee Relocation, USIBWC Presidio 

Flood Control Project, Presidio, Texas. A 

copy of the Final EIS will be available 

for review at the City of Presidio 

Library, 2440 O’Reilly Street, Presidio, 

Texas 79845, and will also be posted at 

the USIBWC Web site at http:// 

www.ibwc.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Daniel Borunda, Acting Division Chief, 

Environmental Management Division, 

USIBWC, 4171 North Mesa Street, C– 

100, El Paso, Texas 79902 or e-mail: 

danielborunda@ibwc.gov. 

SUPPLEMENTARY INFORMATION: The Final 

EIS analyzed potential effects of the No 

Action Alternative and six action 

alternatives for flood control 

improvement alternatives for the 

Presidio FCP. The following six action 

alternatives were taken into 

consideration: (1) Retaining the current 

levee alignment, repairing structural 

levee damages and raising some levee 

segments as required to ensure full 

protection from a 25-year flood event; 

(2) 100-year flood protection of the City 

of Presidio and agricultural lands along 

the Presidio FCP by raising the levee 

system along its entire length and 

current alignment; (3) raising the entire 

levee system for 100-year flood 

protection, retaining current levee 

alignment in the upper and middle 

reaches of the Presidio FCP but partially 

relocating approximately 3.4 miles of 

the levee in the lower reach; (4) 100- 

year flood protection of the City of 

Presidio by raising the levee system in 

the upper and middle reaches of the 

Presidio FCP, in conjunction with a new 

1.3-mile spur levee starting at mile 9.2 

to connect the raised levee section to 

elevated terrain south of the City of 

Presidio; a 25-year flood protection 

would be retained in the lower reach 

along agricultural lands; (5) 100-year 

flood protection of the City of Presidio 

by raising in place the levee system 

along the upper and middle reaches of 

the Presidio FCP, constructing a new 

1.4-mile spur levee at mile 8.5, and 

retaining the 25-year flood protection in 

the lower reach; and (6) raising the levee 

along the upstream sections of the levee 

system to provide 100-year flood 

protection to the City of Presidio and 

retaining the 25-year flood protection of 

agricultural lands in the lower reach, as 

in the two previous alternatives, and 

constructing a new 2.9-mile long spur 

levee in the middle reach, starting at 

levee mile 7.3, along a railroad track. 

Preferred Alternative: The USIBWC 

has identified Alternative 2, raise the 

levee in-place to provide 25-year flood 

protection to the City of Presidio and 

the adjacent agricultural areas as the 

preferred alternative for 

implementation. This has also been 

identified as the environmentally 

preferred alternative. 

Dated: February 11, 2010. 

Eric Meza, 

Legal Adviser. 

[FR Doc. 2010–3127 Filed 2–18–10; 8:45 am] 

BILLING CODE 7010–01–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2009–0042] 

Peer Review, Conflict of Interest and 

Disclosure Form; Request for the 

Office of Management and Budget’s 

(OMB) Approval of Information 

Collection (Paperwork) Requirements 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Request for public comment. 

SUMMARY: OSHA solicits comments 

concerning its proposal to extend the 

Office of Management and Budget’s 

(OMB) approval of the Conflict of 

Interest (COI) and Disclosure Form 

which is used to determine whether or 

not a conflict of interest exists for a 

potential peer review panel member. 


pwalker on DSK8KYBLC1PROD with NOTICES