Federal Register / Vol. 74, No. 165 / Thursday, August 27, 2009 / Notices 43723 

OWD proposes to construct 

approximately 5 miles of 36-inch 

cement mortar lined and coated steel 

pipeline to transfer potable water from 

a flow control facility in the City of El 

Cajon to two OWD reservoirs in the 

unincorporated community of Rancho 

San Diego. The pipeline will provide 12 

million gallons (mgd) of potable water 

per day of on-peak capacity and 16 mgd 

of off-peak capacity. The proposed 

pipeline will be constructed in existing 

roadways for approximately 22,600 feet 

(4.2 miles) from the northwest corner of 

Lexington Avenue and Third Street in 

the City of El Cajon, to Fury Lane in 

Rancho San Diego. The proposed 

pipeline would then continue for 

approximately 4,300 feet (0.8 miles) as 

it passes through both disturbed and 

vegetated areas along the southern 

boundary of Cuyamaca Community 

College before terminating at OWD’s 

Regulatory Site, where it would connect 

to the reservoirs. Maintenance activities 

in subsequent years will be limited to 

annual visual inspections of the valves 

and blow-offs located along the 

pipeline, all of which occur within or 

immediately adjacent to (and would be 

accessible via) existing developed or 

disturbed areas. Up to 0.95 acre (ac) of 

coastal California gnatcatcher habitat 

may be temporarily lost through 

implementation of the HCP over 5 years. 

OWD proposes to mitigate the effects 

to the gnatcatcher by fully 

implementing the HCP. The HCP 

emphasizes protection of habitat 

through impact avoidance and use of 

operational protocols designed to avoid 

or minimize impacts to the gnatcatcher. 

OWD will supplement these operational 

protocols, or avoidance and 

minimization measures, with onsite 

habitat restoration, by re-seeding the 

0.95-ac impact site with a Diegan coastal 

sage scrub (DCSS) mixture approved by 

the Service. Additionally, OWD will 

permanently conserve and manage highquality gnatcatcher habitat by deducting 

credits from the San Miguel Habitat 

Management Area (HMA). 

The Proposed Action consists of the 

issuance of an incidental take permit 

and implementation of the proposed 

HCP. Three alternatives to the proposed 

action are considered in the HCP. Under 

the no-project alternative, a permit 

would not be issued, and OWD would 

avoid take of the coastal California 

gnatcatcher. However, this alternative 

would not allow for the necessary 

transfer of water from the Otay 14 Flow 

Control Facility to OWD’s 640–1 and 

640–2 reservoirs. In addition, the noproject alternative would not be in 

compliance with the agreement between 

the San Diego County Water Authority 

and OWD for design, construction, 

operation, and maintenance of 

modifications to the Otay 14 Flow 

Control Facility, executed on January 

24, 2007, which requires the 

construction of the 36-inch pipeline to 

transfer the necessary amount of water; 

OWD’s existing 24-inch line is not 

sufficient to transfer the amount of 

water specified in the agreement. The 

second alternative would be to defer the 

project until a larger, multi-agency 

multiple species habitat conservation 

plan could be developed. This 

alternative was rejected because delays 

in the construction of the 36-inch 

pipeline would not allow OWD to meet 

the aforementioned contractual water 

transfer requirements. The third 

alternative entails a different route for 

the southern portion of the alignment 

that would continue on Campo Road to 

the entrance of OWD’s Regulatory Site 

and then head north along the 

Regulatory Site driveway, concluding at 

the reservoirs. This alternative would 

result in impacts to approximately 0.75 

ac of coastal sage scrub located along 

the existing driveway to the Regulatory 

Site. This alternative was rejected 

because of excessively higher costs, 

negative traffic impacts, and negative 

effects to OWD operations at the 

Regulatory Site. Additionally, this 

alternative would not significantly 

reduce impacts to gnatcatcher-occupied 

coastal sage scrub from those associated 

with the proposed project (i.e., 0.75 ac 

versus 0.95 ac). The proposed project 

would be more cost-effective, efficient, 

and timely. 

We have made a preliminary 

determination that approval of the 

proposed HCP qualifies as a categorical 

exclusion under NEPA, as provided by 

the Department of the Interior Manual 

(516 DM 2, Appendix 1 and 516 DM 6, 

Appendix 1) and as a ‘‘low-effect’’ plan 

as defined by the Habitat Conservation 

Planning Handbook (November 1996). 

Determination of low-effect habitat 

conservation plans is based on the 

following three criteria: 

(1) Implementation of the proposed 

HCP would result in minor or negligible 

effects on federally listed, proposed, and 

candidate species and their habitats; 

(2) Implementation of the proposed 

HCP would result in minor or negligible 

effects on other environmental values or 

resources; and 

(3) Impacts of the proposed HCP, 

considered together with the impacts of 

other past, present, and reasonably 

foreseeable similarly situated projects, 

would not result, over time, in 

cumulative effects to environmental 

values or resources that would be 

considered significant. 

Based upon this preliminary 

determination, we do not intend to 

prepare further NEPA documentation. 

We will consider public comments in 

making the final determination on 

whether to prepare such additional 

documentation. 

Public Availability 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. 

Authority 

We provide this notice pursuant to 

section 10(c) of the Act. 

Next Steps 

We will evaluate the permit 

application, the proposed HCP, and 

comments submitted thereon to 

determine whether the application 

meets the requirements of section 10(a) 

of the Act. If the requirements are met, 

we will issue a permit to OWD for the 

incidental take of the coastal California 

gnatcatcher associated with the 

construction, operation, and 

maintenance of the Jamacha Road 36- 

inch Pipeline (CIP P2009) in San Diego 

County, California. 

Dated: August 21, 2009. 

Jim A. Bartel, 

Field Supervisor, Carlsbad Fish and Wildlife 

Office, Carlsbad, California. 

[FR Doc. E9–20660 Filed 8–26–09; 8:45 am] 

BILLING CODE 4310–55–P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–683] 

In the Matter of Certain MLC Flash 

Memory Devices and Products 

Containing Same; Notice of 

Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Institution of investigation 

pursuant to 19 U.S.C. 1337. 

SUMMARY: Notice is hereby given that a 

complaint was filed with the U.S. 

International Trade Commission on July 

27, 2009, under section 337 of the Tariff 

Act of 1930, as amended, 19 U.S.C. 

1337, on behalf of BTG International 

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43724 Federal Register / Vol. 74, No. 165 / Thursday, August 27, 2009 / Notices 

Inc. of West Conshohocken, 

Pennsylvania. A letter supplementing 

the complaint was filed on August 18, 

2009. The complaint alleges violations 

of section 337 based upon the 

importation into the United States, the 

sale for importation, and the sale within 

the United States after importation of 

certain MLC flash memory devices and 

products containing same by reason of 

infringement of certain claims of U.S. 

Patent Nos. 5,394,362; 5,764,571; 

5,872,735; 6,104,640; and 6,118,692. 

The complaint further alleges that an 

industry in the United States exists as 

required by subsection (a)(2) of section 

337. 

The complainant requests that the 

Commission institute an investigation 

and, after the investigation, issue an 

exclusion order and a cease and desist 

order. 

ADDRESSES: The complaint, except for 

any confidential information contained 

therein, is 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., Room 

112, Washington, DC 20436, telephone 

202–205–2000. Hearing impaired 

individuals are advised that information 

on this matter can be obtained by 

contacting the Commission’s TDD 

terminal on 202–205–1810. Persons 

with mobility impairments who will 

need special assistance in gaining access 

to the Commission should contact the 

Office of the Secretary at 202–205–2000. 

General information concerning the 

Commission may also be obtained by 

accessing its internet server at 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. 

FOR FURTHER INFORMATION CONTACT: 

Stephen R. Smith, Esq., Office of Unfair 

Import Investigations, U.S. International 

Trade Commission, telephone (202) 

205–2746. 

Authority: The authority for institution of 

this investigation is contained in section 337 

of the Tariff Act of 1930, as amended, and 

in section 210.10 of the Commission’s Rules 

of Practice and Procedure, 19 CFR 210.10 

(2009). 

Scope of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

August 21, 2009, ordered that— 

(1) Pursuant to subsection (b) of 

section 337 of the Tariff Act of 1930, as 

amended, an investigation be instituted 

to determine whether there is a 

violation of subsection (a)(1)(B) of 

section 337 in the importation into the 

United States, the sale for importation, 

or the sale within the United States after 

importation of certain MLC flash 

memory devices or products containing 

same that infringe one or more of claim 

1 of U.S. Patent No. 5,394,362; claims 1– 

47 of U.S. Patent No. 5,764,571; claims 

29–42 of U.S. Patent No. 5,872,735; 

claims 1, 2, 5–8, 11–14, 17–21, 24–27, 

29, 31–33, 35, 37, and 38 of U.S. Patent 

No. 6,104,640; and claims 43 and 64 of 

U.S. Patent No. 6,118,692; and whether 

an industry in the United States exists 

as required by subsection (a)(2) of 

section 337; 

(2) For the purpose of the 

investigation so instituted, the following 

are hereby named as parties upon which 

this notice of investigation shall be 

served: 

(a) The complainant is—BTG 

International Inc., Five Tower Bridge, 

Suite 800, 300 Barr Harbor Drive, West 

Conshohocken, Pennsylvania 19428– 

2998. 

(b) The respondents are the following 

entities alleged to be in violation of 

section 337, and are the parties upon 

which the complaint is to be served: 

Samsung Electronics Co., Ltd., 250, 2- 

ga, Taepyong-ro Jang-gu, Seoul 100– 

742, South Korea. 

Samsung Electronics America, Inc., 

105 Challenger Road, Ridgefield 

Park, New Jersey 07660. 

Samsung Semiconductor, Inc., 3655 

North First Street, San Jose, 

California 95134. 

Samsung Telecommunications 

America, LLC, 1301 East Lookout 

Drive, Richardson, Texas 75082. 

Apple, Inc., 1 Infinite Loop, 

Cupertino, California 95014. 

ASUStek Computer, Inc., 150 Li-Te 

Rd., Peitou, Taipei 112, Taiwan. 

ASUS Computer International, 800 

Corporate Way, Fremont, California 

94539. 

Dell, Inc., 1 Dell Way, Round Rock, 

Texas 78682–2222. 

Lenovo Group Limited, 23rd Floor, 

Lincoln House, Taikoo Place, 979 

King’s Road, Quany Bay, Hong 

Kong. 

Lenovo (United States) Inc., 1009 

Think Place, Morrisville, North 

Carolina 27560. 

PNY Technologies, Inc., 299 Webro 

Rd., Parsippany, New Jersey 07054– 

0218. 

Research In Motion, Ltd., 295 Phillip 

Street, Waterloo, Ontario, Canada 

N2L 3W8. 

Research in Motion Corporation, 122 

West John Carpenter Parkway, Suite 

430, Irving, Texas 75039. 

Sony Corporation, 1–7–1, Konan, 

Minato-ku, Tokyo 108–0075, Japan. 

Sony Electronics, Inc., 16530 Via 

Esprillo, San Diego, California 

92127. 

Transcend Information, Inc., No. 70, 

Xing Zhong Rd., NeiHu Dist., 

Taipei, Taiwan. 

(c) The Commission investigative 

attorney, party to this investigation, is 

Stephen R. Smith, Esq., Office of Unfair 

Import Investigations, U.S. International 

Trade Commission, 500 E Street, SW., 

Suite 401, Washington, DC 20436; and 

(3) For the investigation so instituted, 

the Honorable Paul J. Luckern, Chief 

Administrative Law Judge, U.S. 

International Trade Commission, shall 

designate the presiding Administrative 

Law Judge. 

Responses to the complaint and the 

notice of investigation must be 

submitted by the named respondents in 

accordance with section 210.13 of the 

Commission’s Rules of Practice and 

Procedure, 19 CFR 210.13. Pursuant to 

19 CFR 201.16(d) and 210.13(a), such 

responses will be considered by the 

Commission if received not later than 20 

days after the date of service by the 

Commission of the complaint and the 

notice of investigation. Extensions of 

time for submitting responses to the 

complaint and the notice of 

investigation will not be granted unless 

good cause therefor is shown. 

Failure of a respondent to file a timely 

response to each allegation in the 

complaint and in this notice may be 

deemed to constitute a waiver of the 

right to appear and contest the 

allegations of the complaint and this 

notice, and to authorize the 

administrative law judge and the 

Commission, without further notice to 

the respondent, to find the facts to be as 

alleged in the complaint and this notice 

and to enter an initial determination 

and a final determination containing 

such findings, and may result in the 

issuance of an exclusion order or a cease 

and desist order or both directed against 

a respondent. 

Issued: August 24, 2009. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

William R. Bishop, 

Acting Secretary to the Commission. 

[FR Doc. E9–20692 Filed 8–26–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Air Act 

Pursuant to 28 CFR 50.7, notice is 

hereby given that, on August 21, 2009, 

a proposed Consent Decree in United 

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