40842 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Notices 

Springs Field Office at the above 

address. The land is not needed for any 

Federal purpose. Lease and/or 

conveyance is consistent with the BLM 

Green River Resource Management Plan 

dated August 8, 1997, and would be in 

the public interest. The Sweetwater 

County Fire District #1 has not applied 

for more than the 640-acre limitation for 

non-recreation public uses in a year and 

has submitted an application in 

compliance with the regulations at 43 

CFR 2741.4(b). The patent or lease, if 

issued, will be subject to the provisions 

of the R&PP Act and applicable 

regulations of the Secretary of the 

Interior, and will contain the following 

terms, conditions, and reservations: 

1. Provisions of the R&PP Act, 

including, by not limited to, the terms 

required by 43 CFR 2741.9. 

2. A right-of-way thereon for ditches 

or canals constructed by the authority of 

the United States, Act of August 30, 

1890 (43 U.S.C. 945). 

3. All minerals, together with the right 

to prospect for, mine, and remove the 

minerals under applicable laws and 

regulations established by the Secretary 

of the Interior shall be reserved to the 

United States. 

4. Lease and/or patent of the lands 

shall be subject to all valid existing 

rights of record documented on the 

official public land records at the time 

of lease/patent issuance. 

5. Any other reservations that the 

authorized officer deems appropriate. 

6. An appropriate indemnification 

clause protecting the United States from 

claims arising out of the lease/patentee’s 

use, occupancy, or operations on the 

property. 

Upon publication of this notice in the 

Federal Register, the lands will be 

segregated from all other forms of 

appropriation under the public land 

laws, including the general mining laws, 

except for lease and/or conveyance 

under the R&PP Act. 

Classification Comments: Interested 

parties may submit comments involving 

the suitability of the land for a fire 

facility. Comments on the classification 

are restricted to whether the land is 

physically suited for the proposal, 

whether the use will maximize the 

future use or uses of the land, whether 

the use is consistent with local planning 

and zoning, or if the use is consistent 

with State and Federal programs. 

Application Comments: Interested 

parties may submit comments regarding 

the specific use proposed in the 

application and plan of development, 

whether the BLM followed proper 

administrative procedures in reaching 

the decision or any other factor not 

directly related to the suitability of the 

land for a fire facility. 

Confidentiality of Comments: Before 

including your address, phone number, 

e-mail address, or other personal 

identifying information in your 

comment, you should be aware 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. Only written comments 

submitted by postal service or overnight 

mail to the Field Manager—BLM Rock 

Springs Field Office will be considered 

properly filed. Electronic mail, facsimile 

or telephone comments will not be 

considered. 

Any adverse comments will be 

reviewed by the BLM State Director, 

who may sustain, vacate or modify this 

realty action. In the absence of any 

adverse comments, the classification of 

the land described in this notice will 

become effective October 13, 2009. 

Authority: 43 CFR 2740. 

Lance Porter, 

Field Manager. 

[FR Doc. E9–19417 Filed 8–12–09; 8:45 am] 

BILLING CODE 4310–22–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLMTC02200–L14300000–EQ0000; MTM– 

74913] 

Notice of Realty Action; Proposed 

Amendment to Noncompetitive Land 

Use Lease; Montana 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of Realty Action and 

request for public comment. 

SUMMARY: On March 6, 2009, the Bureau 

of Land Management (BLM) received a 

proposal from Spring Creek Coal 

Company to amend their existing land 

use lease, MTM–74913. The BLM is 

hereby notifying any interested parties 

of the proposal to amend land use lease 

MTM–74913 and is accepting comments 

on the proposed land use lease 

amendment. 

DATES: Interested parties may submit 

comments on or before September 28, 

2009. 

ADDRESSES: Written comments should 

be sent to the Field Manager, Miles City 

Field Office, Bureau of Land 

Management, 111 Garryowen Road, 

Miles City, Montana 59301. Comments 

received in electronic form, such as 

e-mail or facsimile, will not be 

considered. 

FOR FURTHER INFORMATION CONTACT: 

Information regarding the proposed land 

use lease amendment and proposed 

land use may be reviewed 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. For this and additional 

information contact Pam Wall, BLM 

Miles City Field Office, Miles City, 

Montana 59301, telephone 406–233– 

2846. 

SUPPLEMENTARY INFORMATION: The 

following described land, associated 

with the proposed amendment, has been 

examined and identified as suitable for 

leasing under section 302 of the Federal 

Land Policy and Management Act (43 

U.S.C. 1732) at not less than fair market 

value: 

Principal Meridian, Montana 

T. 8 S., R. 39 E., 

Sec. 35, NE1⁄4NE1⁄4, SE1⁄4NE1⁄4, 

E1⁄2NW1⁄4NE1⁄4, E1⁄2W1⁄2NW1⁄4NE1⁄4, 

NW1⁄4NW1⁄4NW1⁄4NE1⁄4, 

NE1⁄4SW1⁄4NE1⁄4, NE1⁄4SE1⁄4SW1⁄4NE1⁄4, 

E1⁄2NE1⁄4SE1⁄4, E1⁄2NW1⁄4NE1⁄4SE1⁄4, and 

NE1⁄4SE1⁄4SE1⁄4. 

T. 9 S., R. 40 E., 

Sec. 6, lot 5. 

The area described contains 197.12 acres, 

more or less, in Big Horn County. 

The BLM is hereby notifying any 

interested parties of the proposal to 

amend land use lease MTM–74913 and 

is accepting comments on the proposed 

land use lease amendment. 

Spring Creek Coal Company’s existing 

land use lease MTM–74913, which was 

issued under the authority of section 

302 of the Federal Land Policy and 

Management Act (43 U.S.C. 1732), may 

be amended to authorize the surface use 

of 197.12 acres of public land for coal 

mine layback, a flood control structure, 

topsoil and overburden stockpiles, and 

transportation and utility line corridors 

in order to facilitate the full recovery of 

coal reserves from their adjoining 

Federal Coal Lease MTM–94378, 

Montana State Coal Lease C–1088–05, 

and for Spring Creek’s pending Coal 

Lease Modification MTM–069782. The 

layback is a critical component in coal 

strip mine recovery which consists of a 

series of benches cut into the mine 

highwall to stabilize the wall as mining 

progresses into an area. The lands 

adjacent to a coal lease need to be 

disturbed during normal mining 

operations to completely and safely 

remove the coal within the lease 

boundary. The flood control structure 


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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, 


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