Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Notices 43153 

exploration and mining, except for those 

effects stemming from valid existing 

rights. The EIS will analyze at least two 

alternatives, including a withdrawal as 

currently proposed and the ‘‘No Action’’ 

alternative, which would be to continue 

to allow location of new mining claims. 

Other alternatives may be analyzed as 

appropriate, including withdrawal of a 

smaller area. 

The proposed action is to withdraw, 

subject to valid existing rights, certain 

public lands and National Forest System 

lands from location and entry under the 

1872 Mining Law, but not the mineral 

leasing, geothermal leasing, mineral 

materials laws, or public land laws. The 

subject areas were previously described 

in BLM’s Notice of Proposed 

Withdrawal and Opportunity for Public 

Meeting; Arizona which published in 

the Federal Register on July 21, 2009 

[74 FR 35887]. The map for the 

‘‘Petition/Application for Withdrawal’’ 

is available from the BLM Arizona Strip 

District office and the Forest Service 

Kaibab National Forest office at the 

addresses listed above. 

The total areas described aggregate 

approximately 993,549 acres of BLMadministered public lands and National 

Forest System lands and any Federal 

locatable minerals underlying nonFederal surface in Coconino and 

Mohave Counties located adjacent to the 

Grand Canyon National Park in Arizona. 

The total non-Federal lands within the 

area aggregate approximately 85,673 

acres in Coconino and Mohave 

Counties. 

If the withdrawal were to be approved 

by the Secretary of the Interior, the 

closure to location and entry under the 

Mining Law would be subject to valid 

existing rights and authorized in 

accordance with section 204 of the 

Federal Land Policy and Management 

Act of 1976, 43 U.S.C. 1714, and the 

Federal regulations at 43 CFR part 2300. 

You may submit comments on issues 

in writing to the BLM at any public 

scoping meeting, or you may submit 

them to the BLM using one of the 

methods listed in the ADDRESSES section 

above. To be most helpful, you should 

submit comments within 15 days after 

the last public meeting. Before 

including your address, phone number, 

email 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: 43 CFR part 2300) 

Helen M. Hankins, 

Arizona Associate State Director. 

[FR Doc. E9–20626 Filed 8–25–09; 8:45 am] 

BILLING CODE 4310–32–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Reclamation 

Notice of Intent To Contract for 

Hydroelectric Power Development on 

the South Canal, Uncompahgre 

Project, Colorado 

AGENCY: Bureau of Reclamation, 

Interior. 

ACTION: notice of intent to accept 

proposals, select lessee, and contract for 

hydroelectric power development on 

the South Canal, Uncompahgre Project, 

Colorado. 

SUMMARY: Current Federal policy allows 

non-Federal development of electrical 

power resource potential on Federal 

water resource projects. The Bureau of 

Reclamation (Reclamation) will 

consider proposals for non-Federal 

development of hydroelectric power on 

the South Canal of the Uncompahgre 

Project. Reclamation is considering such 

hydroelectric power development under 

a lease of power privilege. No Federal 

funds will be available for such 

hydroelectric power development. The 

Uncompahgre Project is a Federal 

Reclamation project. This Notice 

presents background information, 

proposal content guidelines, and 

information concerning selection of a 

non-Federal entity to develop 

hydroelectric power on the South Canal. 

DATES: A written proposal and seven 

copies must be submitted on or before 

5 p.m. (Mountain Standard Time) on 

Monday, February 1, 2010. A proposal 

will be considered timely only if it is 

received in the office of the Area 

Manager on or before 5 p.m. on the 

above-designated date. Interested 

entities are cautioned that delayed 

delivery to the Area Manager’s office 

due to failures or misunderstandings of 

the entity and/or of mail, overnight, or 

courier services will not excuse lateness 

and, accordingly, are advised to provide 

sufficient time for delivery. Late 

proposals will not be considered. 

ADDRESSES: Send written proposal and 

seven copies to Ms. Carol DeAngelis, 

Area Manager, Bureau of Reclamation, 

Western Colorado Area Office, 2764 

Compass Drive, Suite 106, Grand 

Junction, Colorado 81506; telephone 

(970) 248–0600. 

FOR FURTHER INFORMATION CONTACT: 

Technical data may be obtained from 

Mr. Dan Crabtree, Bureau of 

Reclamation, Western Colorado Area 

Office, 2764 Compass Drive, Suite 106, 

Grand Junction, Colorado 81506; 

telephone (970) 248–0652. Reclamation 

will be available to meet with interested 

entities only upon written request to Mr. 

Dan Crabtree at the above-cited address. 

Upon request, Reclamation will provide 

an opportunity for a site visit. 

Reclamation reserves the right to 

schedule a single meeting and/or visit to 

address the questions of all entities that 

have submitted questions or requested 

site visits. 

Information related to operation and 

maintenance of the South Canal may be 

obtained from Mr. Marc Catlin, 

Uncompahgre Valley Water Users 

Association, P.O. Box 69, Montrose, 

Colorado 81402; telephone (970) 249– 

3813. 

SUPPLEMENTARY INFORMATION: The 

Uncompahgre Project, located in westcentral Colorado along the 

Uncompahgre River in the Colorado 

River Basin, was authorized by the 

Secretary of the Interior on March 14, 

1903, under provisions of the 

Reclamation Act of 1902. After the 

passage of the Reclamation Act of 1902, 

the Uncompahgre Project was selected 

for development and the United States 

began construction in 1904. The Act of 

June 22, 1938, 52 Stat. 941, authorized 

the Secretary of the Interior to develop 

or sell surplus power from the 

Uncompahgre Project. The 

Uncompahgre Valley Water Users 

Association, under its contracts with the 

United States, has certain operation, 

maintenance, and replacement 

responsibilities and obligations 

concerning the South Canal and 

Uncompahgre Project. 

Reclamation is considering 

hydroelectric power development on 

the South Canal under a lease of power 

privilege. A lease of power privilege is 

an alternative to Federal hydroelectric 

power development. A lease of power 

privilege is a contractual right given to 

a non-Federal entity to use a 

Reclamation facility for electric power 

generation consistent with Reclamation 

project purposes. Leases of power 

privilege have terms not to exceed 40 

years. The general authority for lease of 

power privilege under Reclamation law 

includes, among others, the Town Sites 

and Power Development Act of 1906 (43 

U.S.C. Sec. 522) and the Reclamation 

Project Act of 1939 (43 U.S.C. 485h(c)) 

(1939 Act). 

Reclamation will be the lead Federal 

agency for ensuring compliance with 

the National Environmental Policy Act 

(NEPA) of any lease of power privilege 


jlentini on DSKJ8SOYB1PROD with NOTICES
43154 Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Notices 

considered in response to this Notice. 

Leases of power privilege may be issued 

only when Reclamation has completed 

NEPA and related environmental 

compliance. Any lease of power 

privilege on the South Canal must 

accommodate existing contractual 

commitments related to operation and 

maintenance of the South Canal and 

other Uncompahgre Project facilities. 

The lessee (i.e., successful proposing 

entity) would be required to enter into 

a contract with the Uncompahgre Valley 

Water Users Association to coordinate 

operation and maintenance of any 

proposed hydropower developments 

with existing Federal features. 

All costs incurred by the United 

States related to development and 

operation and maintenance under a 

lease of power privilege, including 

NEPA compliance and development of 

the lease of power privilege, would be 

at the expense of the lessee. In addition, 

the lessee would be required to make 

annual payments to the United States 

for the use of a government facility in 

the amount of at least 3 mills per 

kilowatt-hour of generation. Under the 

lease of power privilege, provisions will 

be included for inflation of the annual 

payment with time. Such annual 

payments to the United States would be 

deposited as a credit to the Reclamation 

Fund. 

Proposal Content Guidelines 

Interested parties should submit 

proposals explaining in as precise detail 

as is practicable how the hydropower 

potential would be developed. Factors 

which a proposal should consider and 

address include, but are not limited to, 

the following: 

(a) Provide all information relevant to 

the qualifications of the proposing 

entity to plan and implement such a 

project, including, but not limited to, 

information about preference status, 

type of organization, length of time in 

business, experience in funding, design 

and construction of similar projects, 

industry rating(s) that indicate financial 

soundness and/or technical and 

managerial capability, experience of key 

management personnel, history of any 

reorganizations or mergers with other 

companies, and any other information 

that demonstrates the interested entity’s 

organizational, technical, and financial 

ability to perform all aspects of the 

work. Include a discussion of past 

experience in operating and maintaining 

similar facilities and provide references 

as appropriate. The term ‘‘preference 

entity,’’ as applied to a lease of power 

privilege, means an entity qualifying for 

preference under Section 9(c) of the 

1939 Act as a municipality, public 

corporation or agency, or cooperative or 

other nonprofit organization financed in 

whole or in part by loans made pursuant 

to the Rural Electrification Act of 1936, 

as amended. 

(b) Provide geographical locations and 

describe principal structures and other 

important features of the proposed 

development including roads and 

transmission lines. Estimate and 

describe installed capacity and the 

capacity of the power facilities. Also 

describe seasonal or annual generation 

patterns. Include estimates of the 

average amount of electrical energy that 

would be produced from the facility for 

each month of average, dry, or wet water 

years. If capacity and energy can be 

delivered to another location, either by 

the proposing entity or by potential 

wheeling agents, specify where capacity 

and energy can be delivered. Include 

concepts for power sales and 

contractual arrangements, involved 

parties, and the proposed approach to 

wheeling, if required. 

(c) Indicate plans for acquiring title to 

or the right to occupy and use lands 

necessary for the proposed 

development, including such additional 

lands as may be required during 

construction. 

(d) Identify water rights applicable to 

the operation of the proposed 

development(s), the holder of such 

rights, and how these rights would be 

used, acquired, or perfected. 

(e) Discuss any studies necessary to 

adequately define impacts of the 

development on the Uncompahgre 

Project and the environment. Describe 

any significant environmental issues 

associated with the development and 

the proposing entity’s approach for 

gathering relevant data and resolving or 

mitigating such issues to protect and 

enhance the quality of the environment. 

Explain any proposed use of the 

hydropower development for 

conservation and utilization of the 

available water resources in the public 

interest. 

(f) Describe anticipated contractual 

arrangements with the Uncompahgre 

Valley Water Users Association which 

has operation and maintenance 

responsibility for the Uncompahgre 

Project feature(s) that are proposed for 

utilization in the hydropower 

development under consideration. 

Define how the hydropower 

development would operate in harmony 

with the Uncompahgre Project and 

existing applicable contracts related to 

operation and maintenance of 

Uncompahgre Project feature(s) being 

considered for modification. 

(g) Describe plans for assuming 

liability for damage to the operational 

and structural integrity of the 

Uncompahgre Project caused by 

construction, operation, and/or 

maintenance of the hydropower 

development. 

(h) Identify the organizational 

structure planned for the long-term 

operation and maintenance of any 

proposed hydropower development. 

(i) Provide a management plan to 

accomplish such activities as planning, 

NEPA compliance, lease of power 

privilege development, design, 

construction, facility testing, and start of 

hydropower production. Prepare 

schedules of these activities as 

applicable. Describe what studies are 

necessary to accomplish the 

hydroelectric power development and 

how the studies would be implemented. 

(j) Estimate development cost. This 

cost should include all investment costs 

such as the cost of studies to determine 

feasibility, NEPA compliance, design, 

construction, and financing as well as 

the amortized annual cost of the 

investment. Also, the annual operation, 

maintenance, and replacement expense 

for the hydropower development; 

annual payments to the United States; 

expenses that may be associated with 

the Uncompahgre Project; and the 

anticipated return on investment should 

be included. If there are additional 

transmission or wheeling expenses 

associated with the hydropower 

development, these should also be 

included. Identify proposed methods of 

financing the hydropower development. 

An economic analysis should be 

presented that compares the present 

worth of all benefits and the costs of the 

hydropower development. 

Selection of Lessee 

Reclamation will evaluate proposals 

received in response to this published 

Notice. Reclamation will give more 

favorable consideration to proposals 

that (1) are well adapted to developing, 

conserving, and utilizing the water and 

protecting natural resources; (2) clearly 

demonstrate that the offeror is qualified 

to develop the hydropower facility and 

provide for long-term operation and 

maintenance; and (3) best share the 

economic benefits of the hydropower 

development among parties to the lease 

of power privilege. A proposal will be 

deemed unacceptable if it is 

inconsistent with Uncompahgre Project 

purposes, as determined by 

Reclamation. 

Reclamation will give preference to 

those entities that qualify as preference 

entities (as defined under Proposal 

Content Guidelines, item (a), of this 

Notice) provided that their proposal is 

at least as well adapted to developing, 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Notices 43155 

conserving, and utilizing the water and 

natural resources as other submitted 

proposals and that the preference entity 

is well qualified. Preference entities 

would be allowed 90 days to improve 

their proposals, if necessary, to be made 

at least equal to a proposal(s) that may 

have been submitted by a nonpreference entity. 

Power Purchasing and/or Marketing 

Considerations 

The lessee would be responsible for 

transmission and marketing of the 

power generated by the proposed 

project. 

Notice and Time Period To Enter Into 

Lease of Power Privilege 

Reclamation will notify, in writing, all 

entities submitting proposals of 

Reclamation’s decision regarding 

selection of the potential lessee. The 

selected potential lessee will have two 

years from the date of such notification 

to accomplish NEPA compliance and 

enter into a lease of power privilege for 

the proposed development of 

hydropower at South Canal. The lessee 

will then have up to two years from the 

date of execution of the lease to 

complete the designs and specifications 

and an additional year to begin 

construction. Such timeframes may be 

adjusted for just cause resulting from 

actions and/or circumstances that are 

beyond the control of the lessee. 

Dated: July 24, 2009. 

Larry Walkoviak, 

Regional Director—UC Region. 

[FR Doc. E9–20652 Filed 8–25–09; 8:45 am] 

BILLING CODE 4310–MN–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. AA1921–167 (Third 

Review)] 

Pressure Sensitive Plastic Tape From 

Italy 

AGENCY: United States International 

Trade Commission. 

ACTION: Scheduling of a full five-year 

review concerning the antidumping 

duty finding on pressure sensitive 

plastic tape from Italy. 

SUMMARY: The Commission hereby gives 

notice of the scheduling of a full review 

pursuant to section 751(c)(5) of the 

Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) 

(the Act) to determine whether 

revocation of the antidumping duty 

finding on pressure sensitive plastic 

tape from Italy would be likely to lead 

to continuation or recurrence of material 

injury within a reasonably foreseeable 

time. For further information 

concerning the conduct of this review 

and rules of general application, consult 

the Commission’s Rules of Practice and 

Procedure, part 201, subparts A through 

E (19 CFR part 201), and part 207, 

subparts A, D, E, and F (19 CFR part 

207). 

DATES: Effective Date: August 20, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Edward Petronzio (202–205–3176), 

Office of Investigations, U.S. 

International Trade Commission, 500 E 

Street, SW., Washington, DC 20436. 

Hearing-impaired persons can obtain 

information on this matter 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 (http:// 

www.usitc.gov). The public record for 

this review may be viewed on the 

Commission’s electronic docket (EDIS) 

at http://edis.usitc.gov. 

SUPPLEMENTARY INFORMATION: 

Background.—On August 4, 2009, the 

Commission determined to conduct a 

full review pursuant to section 751(c)(5) 

of the Act (74 FR 40845, August 13, 

2009). A record of the Commissioners’ 

votes, the Commission’s statement on 

adequacy, and any individual 

Commissioner’s statements are available 

from the Office of the Secretary and at 

the Commission’s Web site. 

Participation in the review and public 

service list.—Persons, including 

industrial users of the subject 

merchandise and, if the merchandise is 

sold at the retail level, representative 

consumer organizations, wishing to 

participate in this review as parties 

must file an entry of appearance with 

the Secretary to the Commission, as 

provided in section 201.11 of the 

Commission’s rules, by 45 days after 

publication of this notice. A party that 

filed a notice of appearance following 

publication of the Commission’s notice 

of institution of the review need not file 

an additional notice of appearance. The 

Secretary will maintain a public service 

list containing the names and addresses 

of all persons, or their representatives, 

who are parties to the review. 

Limited disclosure of business 

proprietary information (BPI) under an 

administrative protective order (APO) 

and BPI service list.—Pursuant to 

section 207.7(a) of the Commission’s 

rules, the Secretary will make BPI 

gathered in this review available to 

authorized applicants under the APO 

issued in the review, provided that the 

application is made by 45 days after 

publication of this notice. Authorized 

applicants must represent interested 

parties, as defined by 19 U.S.C. 1677(9), 

who are parties to the review. A party 

granted access to BPI following 

publication of the Commission’s notice 

of institution of the review need not 

reapply for such access. A separate 

service list will be maintained by the 

Secretary for those parties authorized to 

receive BPI under the APO. 

Staff report.—The prehearing staff 

report in the review will be placed in 

the nonpublic record on December 21, 

2009, and a public version will be 

issued thereafter, pursuant to section 

207.64 of the Commission’s rules. 

Hearing.—The Commission will hold 

a hearing in connection with the review 

beginning at 9:30 a.m. on January 14, 

2010, at the U.S. International Trade 

Commission Building. Requests to 

appear at the hearing should be filed in 

writing with the Secretary to the 

Commission on or before January 8, 

2010. A nonparty who has testimony 

that may aid the Commission’s 

deliberations may request permission to 

present a short statement at the hearing. 

All parties and nonparties desiring to 

appear at the hearing and make oral 

presentations should attend a 

prehearing conference to be held at 9:30 

a.m. on January 11, 2010, at the U.S. 

International Trade Commission 

Building. Oral testimony and written 

materials to be submitted at the public 

hearing are governed by sections 

201.6(b)(2), 201.13(f), 207.24, and 

207.66 of the Commission’s rules. 

Parties must submit any request to 

present a portion of their hearing 

testimony in camera no later than 7 

business days prior to the date of the 

hearing. 

Written submissions.—Each party to 

the review may submit a prehearing 

brief to the Commission. Prehearing 

briefs must conform with the provisions 

of section 207.65 of the Commission’s 

rules; the deadline for filing is January 

5, 2010. Parties may also file written 

testimony in connection with their 

presentation at the hearing, as provided 

in section 207.24 of the Commission’s 

rules, and posthearing briefs, which 

must conform with the provisions of 

section 207.67 of the Commission’s 

rules. The deadline for filing 

posthearing briefs is January 25, 2010; 

witness testimony must be filed no later 

than three days before the hearing. In 

addition, any person who has not 

entered an appearance as a party to the 

review may submit a written statement 

of information pertinent to the subject of 


jlentini on DSKJ8SOYB1PROD with NOTICES