Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Notices 40843 

consists of a reservoir sized at 

approximately 159 acre feet, to contain 

a 100-year, 24-hour flood event 

associated with the Pearson Creek 

drainage. This reservoir is needed to 

prevent saturation and potential failure 

of the highwall and/or flooding into the 

pit which would not only slow or stop 

coal production but expose mine 

personnel to a health and safety hazard. 

The topsoil stripped from the coal leases 

would be stockpiled on the subject 

lands to be used in reclamation after 

mining. The overburden removed from 

the pit would also be stockpiled on the 

subject lands to be used in post-mining 

topography construction. An electric 

line and distribution station would be 

located within the use area to keep it 

safely away from the pit and grading 

activity and buffered by the access/haul 

roads which will be used in the mining 

process and to service the stockpiles. 

The proposed land use lease 

amendment consists of 160 acres in the 

E1⁄2 of section 35, T. 8 S., R. 39 E., and 

37.12 acres in lot 5 of section 6, T. 9 S., 

R. 40 E. The total disturbed area in 

section 35 is estimated to be 108.90 

acres with the remaining 51.10 acres 

receiving a 10 percent usage. The total 

disturbed area in section 6 is estimated 

to be 21.20 acres with the remaining 

15.92 acres receiving a 10 percent usage. 

The subject land could be offered 

noncompetitively to Spring Creek Coal 

Company as an amendment to their 

existing Land Use Lease MTM–74913 

for stockpiling of topsoil and 

overburden, construction of a haul road, 

and for drainage control, for their 

current coal mining operation. The 

proposed land use lease amendment, 

which would be authorized under the 

authority of section 302 of the Federal 

Land Policy and Management Act (43 

U.S.C. 1732) and pursuant to regulations 

found at 43 CFR 2920, would provide 

authorized surface use only of the 

public land and would be subject to the 

terms and conditions of the existing 

lease. No mineral use would be 

authorized under this land use lease 

amendment, however Spring Creek Coal 

Company has applied for a modification 

of coal lease MTM–069782 which is 

being processed concurrently (under 

regulations found at 43 CFR 3432) with 

the land use lease amendment. 

The application will be accepted for 

this land use lease amendment at the 

address listed above at the end of the 45 

day comment period for this notice. The 

application will be subject to 

reimbursement of costs in accordance 

with the provisions of 43 CFR 2920.6. 

The land would be leased at fair market 

value as determined by appraisal and as 

provided for at 43 CFR 2920.8. The 

application must include a reference to 

this notice and a complete description 

of the proposed project. An 

environmental analysis will be 

completed addressing this proposed 

land use lease amendment, along with 

the proposed coal lease modification, 

after publication of this notice and 

comment period. A National 

Environmental Policy Act analysis will 

be completed prior to any decision by 

the BLM to approve the proposed 

application for a land use lease 

amendment and coal lease modification. 

Public Comment Procedures: Please 

submit your comments on issues related 

to the proposed action, in writing, 

according to the ADDRESSES section 

above. Comments on the proposed 

action should be specific, should be 

confined to issues pertinent to the 

proposed action, and should explain the 

reason for any recommended change. 

Where possible, your comments should 

reference the specific section or 

paragraph of the proposal that you are 

addressing. The BLM may not 

necessarily consider or include in the 

Administrative Record comments that 

the BLM receives after the close of the 

comment period (see DATES) or 

comments delivered to an address other 

than those listed above (see ADDRESSES). 

Comments, including names and 

street addresses of respondents, will be 

available for public review at the BLM 

Miles City Field Office address listed in 

ADDRESSES above during regular 

business hours, 7:45 a.m. to 4:30 p.m., 

Monday through Friday, except Federal 

holidays. Before including your address, 

phone number, e-mail address, or other 

personal identifying information in your 

comments, be advised that your entire 

comment—including your personal 

identifying information—may be made 

publicly available at any time. While 

you can ask us in your comment to 

withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Any adverse comments will be 

evaluated by the BLM Montana State 

Director, who may sustain, vacate or 

modify this realty action. In the absence 

of timely filed objections, this realty 

action will become the final 

determination of the Department of the 

Interior. 

Authority: 43 CFR 2920.4(c). 

M. Elaine Raper, 

Field Office Manager. 

[FR Doc. E9–19415 Filed 8–12–09; 8:45 am] 

BILLING CODE 4310–DN–P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–660] 

Notice of Commission Determination 

Not To Review an Initial Determination 

Terminating the Investigation Based 

on a Settlement Agreement and 

Withdrawal of the Complaint; Request 

for Briefing on Bonding and the Public 

Interest; In the Matter of Certain Active 

Comfort Footwear 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined not to 

review an initial determination (‘‘ID’’) 

(Order No. 12) of the presiding 

administrative law judge (‘‘ALJ’’) 

granting motions for termination of the 

investigation; based on a settlement 

agreement and withdrawal of the 

complaint. The Commission has also 

requested briefing on remedy, bonding, 

and the public interest in connection 

with issuing a default limited exclusion 

order. 

FOR FURTHER INFORMATION CONTACT: 

Mark B. Rees, Esq., Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street, SW., 

Washington, DC 20436, telephone 202– 

205–3116. Copies of the ID and all other 

nonconfidential documents filed in 

connection with this investigation are or 

will be available for inspection during 

official business hours (8:45 a.m. to 5:15 

p.m.) in the Office of the Secretary, U.S. 

International Trade Commission, 500 E 

Street, SW., Washington, DC 20436, 

telephone 202–205–2000. Hearingimpaired persons are advised that 

information on this matter can be 

obtained by contacting the 

Commission’s TDD terminal on 202– 

205–1810. General information 

concerning the Commission may also be 

obtained by accessing its Internet server 

(http://www.usitc.gov). The public 

record for this investigation may be 

viewed on the Commission’s electronic 

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

SUPPLEMENTARY INFORMATION: The 

Commission instituted this investigation 

on November 25, 2008, based on the 

complaint of Masai Marketing & Trading 

AG of Romanshorn, Switzerland and 

Masai USA Corp. of Haley, Idaho 

(‘‘Complainants’’). 73 FR 73884 (Nov. 

25, 2008). The complaint, as 

supplemented, alleges violations of 

section 337 of the Tariff Act of 1930 (19 

U.S.C. 1337) in the importation into the 

United States, the sale for importation, 


erowe on DSK5CLS3C1PROD with NOTICES
40844 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Notices 

and the sale within the United States 

after importation of certain active 

comfort footwear that infringes certain 

claims of U.S. Patent No. 6,341,432. 

Complainants named as respondents 

RYN Korea Co., Ltd. of Seoul, Korea 

(RYN); Main d/b/a 

WalkingShoesPlus.com of Los Angeles, 

California (‘‘WalkingShoesPlus’’); and 

Feet First Inc. of Boca Raton, Florida 

(‘‘Feet First’’). The Tannery of 

Cambridge, Massachusetts and A Better 

Way to Health of West Melbourne, 

Florida were subsequently added as 

respondents in the investigation by an 

unreviewed ID. 74 FR 11378 (Mar. 17, 

2009). 

On May 21, 2009, the Commission 

determined not to review an ID (Order 

No. 6) finding WalkingShoesPlus and 

Feet First in default for failure to 

respond to the complaint and notice of 

investigation. 

On July 13, 2009, the ALJ issued the 

subject ID (Order 12), terminating the 

investigation based on a settlement 

agreement as to RYN and withdrawal of 

the complaint as to the remaining 

respondents. No party petitioned for 

review of the subject ID. 

The Commission has determined not 

to review the ID. 

Section 337(g)(1), 19 U.S.C. 1337(g)(1) 

and Commission Rule 210.16(c), 19 

U.S.C. 210.16(c) authorize the 

Commission to order relief against 

respondents found in default unless, 

after consideration of the public 

interest, it finds that such relief should 

not issue. Complainants did not file a 

declaration stating that they were 

seeking a general exclusion order as 

provided in Commission Rule 210.16(c). 

In conjunction with the final 

disposition of this investigation, 

therefore, the Commission may: (1) 

Issue an order that could result in the 

exclusion of articles manufactured or 

imported by the defaulting respondents; 

and/or (2) issue a cease and desist order 

that could result in the defaulting 

respondents being required to cease and 

desist from engaging in unfair acts in 

the importation and sale of such 

articles. Accordingly, the Commission is 

interested in receiving written 

submissions that address the remedy, if 

any, that should be ordered. If a party 

seeks exclusion of an article from entry 

into the United States for purposes other 

than for consumption, they should so 

indicate and provide information 

establishing that activities involving 

other types of entry either are adversely 

affecting it or likely to do so. For 

background, see In the Matter of Certain 

Devices for Connecting Computers via 

Telephone Lines, Inv. No. 337–TA–360, 

USITC Pub. 2843 (Dec. 1994) (Comm’n 

Op.). 

If the Commission contemplates some 

form of remedy, it must consider the 

effects of that remedy upon the public 

interest. The factors the Commission 

will consider include the effect that an 

exclusion order and/or cease and desist 

orders would have on (1) The public 

health and welfare, (2) competitive 

conditions in the U.S. economy, (3) U.S. 

production of articles that are like or 

directly competitive with those that are 

subject to investigation, and (4) U.S. 

consumers. The Commission is 

therefore interested in receiving written 

submissions that address the 

aforementioned public interest factors 

in the context of this investigation. 

If the Commission orders some form 

of remedy, the U.S. Trade 

Representative, as delegated by the 

President, has 60 days to approve or 

disapprove the Commission’s action. 

See Presidential Memorandum of July 

21, 2005. 70 FR 43251 (July 26, 2005). 

During this period, the subject articles 

would be entitled to enter the United 

States under bond, in an amount 

determined by the Commission and 

prescribed by the Secretary of the 

Treasury. The Commission is therefore 

interested in receiving submissions 

concerning the amount of the bond that 

should be imposed if a remedy is 

ordered. 

Written Submissions: Parties to the 

investigation, interested government 

agencies, and any other interested 

parties are encouraged to file written 

submissions on the issues of the public 

interest, and bonding. Complainants 

and the Commission investigative 

attorney are also requested to submit 

proposed remedial orders for the 

Commission’s consideration. 

Complainants are also requested to state 

the HTSUS numbers under which the 

accused products are imported and the 

date on which the patent at issue 

expires. Main written submissions must 

be filed no later than close of business 

on August 24, 2009. Reply submissions 

must be filed no later than the close of 

business on August 31, 2009. No further 

submissions on any of these issues will 

be permitted unless otherwise ordered 

by the Commission. 

Persons filing written submissions 

must file the original document and 12 

true copies thereof on or before the 

deadlines stated above with the Office 

of the Secretary. Any person desiring to 

submit a document to the Commission 

in confidence must request confidential 

treatment unless the information has 

already been granted such treatment 

during the proceedings. All such 

requests should be directed to the 

Secretary of the Commission and must 

include a full statement of the reasons 

why the Commission should grant such 

treatment. See 19 CFR 210.6. Documents 

for which confidential treatment by the 

Commission is sought will be treated 

accordingly. All nonconfidential written 

submissions will be available for public 

inspection at the Office of the Secretary. 

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 

section 210.16 and 210.42–46 of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 210.16; 210.42–46). 

By order of the Commission. 

Issued: August 5, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–19413 Filed 8–12–09; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–649] 

Notice of Commission Determination 

Not To Review an Initial Determination 

Granting Complainant’s Motion To 

Terminate the Investigation; 

Termination of Investigation; In the 

Matter of Certain Semiconductor Chips 

With Minimized Chip Package Size and 

Products Containing Same (IV) 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined not to 

review an initial determination (‘‘ID’’) 

(Order No. 25) of the presiding 

administrative law judge (‘‘ALJ’’) 

granting complainant Tessera, Inc.’s 

motion to terminate the investigation. 

FOR FURTHER INFORMATION CONTACT: 

Michael Liberman, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street, SW., 

Washington, DC 20436, telephone 202– 

205–3152. Copies of the ID and all other 

nonconfidential documents filed in 

connection with this investigation are or 

will be available for inspection during 

official business hours (8:45 a.m. to 5:15 

p.m.) in the Office of the Secretary, U.S. 

International Trade Commission, 500 E 

Street, SW., Washington, DC 20436, 

telephone 202–205–2000. Hearingimpaired persons are advised that 

information on this matter can be 

obtained by contacting the 

Commission’s TDD terminal on 202– 

205–1810. General information 


erowe on DSK5CLS3C1PROD with NOTICES