Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Notices 52975 

Energy Policy Act of 2005 and is 

consistent with the BLM’s Wind Energy 

Development Policy, as described in the 

Record of Decision for the Final 

Programmatic EIS on Wind Energy 

Development on BLM Administered 

Lands in the Western United States 

(December 2005). 

At this project’s original inception the 

Jarbidge RMP revision process was 

already well underway (initiated 

January 10, 2006). The RMP revision 

process had identified the need to revise 

the previous land use planning 

guidance provided by the 1987 Jarbidge 

RMP—specifically with regards to 

rights-of-way, including wind energy 

and utility corridors. With the RMP 

revision and this project on two parallel 

yet staggered timelines, the BLM 

originally expected that the RMP 

revision (including new rights-of-way 

guidance) would be complete prior to 

issuance of a decision for this project 

(consistent with that guidance). 

Unforeseen delays in the RMP revision 

process have extended the timeline, 

including: wildfire and subsequent 

restoration planning and response, 

litigation, and other delays. The 

issuance of a specific amendment to the 

1987 RMP for the project, consistent 

with analysis developed during the 

RMP revision process, will allow the 

BLM to process the China Mountain 

application, unimpeded by delays 

associated with the RMP revision. If the 

RMP revision is completed prior to 

issuance of a decision for this project, 

then a land use plan amendment for the 

project would not be necessary. 

However, any further delays in the RMP 

revision such as scheduling, protest 

response, or litigation would require 

continuing with the land use plan 

amendment for the project so as to 

minimize delays in processing China 

Wind’s application for this project. 

The purpose of the public scoping 

process is to determine relevant issues 

that will influence the scope of the 

environmental analysis and EIS 

alternatives including a possible land 

use plan amendment for the project. 

General concerns in the following 

categories have been identified to date: 

Tribal concerns; wildlife (including 

birds and bats); vegetation (including 

noxious and invasive weeds); 

threatened, endangered and sensitive 

plants and animals, including sage 

grouse; public safety; public access; 

recreational opportunities; visual 

resources; cultural resources; rangeland 

resources; geology and soils; water 

quality; climate change and variability; 

hazardous materials; air quality; noise; 

fire management; and socioeconomics. 

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. E-mailed comments, including 

attachments, should be provided in 

.doc, .pdf, .html, or .txt format. 

Electronic submissions in other formats 

or containing viruses will be rejected. 

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. 

The EIS process will be a 

collaborative effort that will consider 

local, regional, and national needs and 

concerns. The BLM will work closely 

with interested parties to identify the 

management decisions that are best 

suited to the needs of the public. After 

gathering public comments, the BLM 

will identify and provide rationale on 

those issues that will be addressed in 

the EIS or those issues beyond the scope 

of the EIS. 

Peter J. Ditton, 

Acting State Director, Bureau of Land 

Management, Idaho. 

[FR Doc. E9–24858 Filed 10–14–09; 8:45 am] 

BILLING CODE 4310–GG–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–641] 

In the Matter of Certain Variable Speed 

Wind Turbines and Components 

Thereof; Notice of Commission 

Determination To Review a Final Initial 

Determination of the Administrative 

Law Judge 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to review 

the final initial determination (‘‘ID’’) of 

the presiding administrative law judge 

(‘‘ALJ’’) in the above-captioned 

investigation under section 337 of the 

Tariff Act of 1930, as amended, 19 

U.S.C. 1337 (‘‘section 337’’). The ALJ 

found a violation of section 337. 

FOR FURTHER INFORMATION CONTACT: 

James A. Worth, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

205–3065. Copies of non-confidential 

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. 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. Hearing-impaired 

persons are advised that information on 

this matter can be obtained by 

contacting the Commission’s TDD 

terminal on (202) 205–1810. 

SUPPLEMENTARY INFORMATION: This 

investigation was instituted on March 

31, 2008, based upon a complaint filed 

on behalf of General Electric Company 

(‘‘GE’’) of Fairfield, Connecticut on 

February 7, 2008. The complaint alleged 

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, and the sale within 

the United States after importation of 

certain variable speed wind turbines 

and components thereof that infringe 

claims 121–125 of U.S. Patent No. 

5,083,039 (‘‘the ‘039 patent’’) and claims 

1–12, 15–18, and 21–28 of U.S. Patent 

No. 6,921,985 (‘‘the ‘985 patent’’). 

The notice of investigation named as 

respondents Mitsubishi Heavy 

Industries, Ltd. (‘‘MHI’’) of Tokyo, 

Japan; Mitsubishi Heavy Industries 

America, Inc. (‘‘MHIA’’) of New York, 

New York; and Mitsubishi Power 

Systems, Inc. (‘‘MPSA’’) of Lake Mary, 

Florida. 

On October 8, 2008, the Commission 

issued notice of its determination not to 

review an ID (Order No. 10) granting 

GE’s motion to amend its complaint and 

the notice of investigation to add claims 

1–19 of United States Patent No. 

7,321,221 (‘‘the ‘221 patent’’) to this 

investigation. 

On April 21, 2009, the Commission 

issued notice of its determination not to 

review an ID (Order No. 30) granting 

GE’s amended motion for summary 

determination that it had satisfied the 

economic prong of the domestic 

industry requirement with respect to all 

three asserted patents. 

The ALJ conducted an evidentiary 

hearing commencing on May 11, 2009. 

At the hearing, GE narrowed the number 

of asserted claims to: claim 121 of the 

‘039 patent; claims 5, 7, and 8 of the 

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52976 Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Notices 

‘221 patent; and claim 15 of the ‘985 

patent. 

On August 7, 2009, the ALJ issued a 

final ID finding a violation of section 

337 in this investigation. The ALJ found 

that there was a violation in the sale for 

importation, importation, or sale after 

importation by respondents MHI and 

MPSA with respect to claim 121 of the 

‘039 patent and claim 15 of the ‘985 

patent. The ALJ found that there was no 

violation with respect to these claims by 

MHIA. The ALJ also found that there 

was no violation of section 337 by any 

party with respect to claims 5, 7, and 8 

of the ‘221 patent. 

On August 24, 2009, the parties filed 

three petitions and/or contingent 

petitions for review: (1) MHI, MPSA, 

and MHIA; (2) GE; and (3) the 

Commission investigative attorney. On 

September 1, 2009, each of the parties 

filed responses thereto. 

Having examined the final ID, the 

petitions for review, the responses 

thereto, and the relevant portions of the 

record in this investigation, the 

Commission has determined to review 

the final ID, except the issue of 

importation and the intent finding 

underlying the ALJ’s inequitable 

conduct determination. 

The Commission requests briefing 

based on the evidentiary record on the 

issues on review. The Commission is 

particularly interested in responses to 

the following questions: 

(1) If the Commission were to adopt 

the claim constructions presented to the 

administrative law judge by Mitsubishi 

or the Commission investigative 

attorney, would the Mitsubishi Wind 

Turbines or the GE Wind Turbines 

satisfy these claim constructions under 

the doctrine of equivalents? 

(2) Does the Commission need to 

address the issue of inventorship to 

determine whether GE has standing to 

assert infringement of the ‘985 patent? 

(3) Does claim 15 of the ‘985 patent 

require that the device shunt current 

away from both the inverter and the 

generator rotor? Can the shunt circuit be 

located within the inverter? 

In connection with the final 

disposition of this investigation, the 

Commission may issue (1) an order that 

could result in the exclusion of the 

subject articles from entry into the 

United States, and/or (2) cease and 

desist orders that could result in 

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 form of 

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 entry for 

consumption, the party should so 

indicate and provide information 

establishing that activities involving 

other types of entry either are adversely 

affecting it or are likely to do so. For 

background information, see the 

Commission Opinion, In the Matter of 

Certain Devices for Connecting 

Computers via Telephone Lines, Inv. 

No. 337–TA–360. 

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 President has 60 days to 

approve or disapprove the 

Commission’s action. During this 

period, the subject articles would be 

entitled to enter the United States under 

a bond, in an amount to be 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. 

Written Submissions: The parties to 

the investigation are requested to file 

written submissions on the issues under 

review. The submissions should be 

concise and thoroughly referenced to 

the record in this investigation, 

including references to exhibits and 

testimony. Additionally, the parties to 

the investigation, interested government 

agencies, and any other interested 

persons are encouraged to file written 

submissions on the issues of remedy, 

the public interest, and bonding. Such 

submissions should address the ALJ’s 

recommended determination on remedy 

and bonding. Complainant and the 

Commission investigative attorney are 

also requested to submit proposed 

remedial orders for the Commission’s 

consideration. Complainant is requested 

to supply the expiration dates of the 

patents at issue and the HTSUS 

numbers under which the accused 

products are imported. The written 

submissions and proposed remedial 

orders must be filed no later than the 

close of business on October 22, 2009. 

Reply submissions must be filed no later 

than the close of business on November 

2, 2009. No further submissions will be 

permitted unless otherwise ordered by 

the Commission. 

Persons filing written submissions 

must file with the Office of the Secretary 

the original and 12 true copies thereof 

on or before the deadlines stated above. 

Any person desiring to submit a 

document (or portion thereof) 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 201.6. 

Documents for which confidential 

treatment is granted by the Commission 

will be treated accordingly. All 

nonconfidential written submissions 

will be available for public inspection at 

the Office of the Secretary. 

This action is taken under the 

authority of section 337 of the Tariff Act 

of 1930, as amended (19 U.S.C. 1337), 

and under sections 210.42–.46 of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 210.42–.46). 

Issued: October 8, 2009. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–24787 Filed 10–14–09; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[USITC SE–09–027] 

Government in the Sunshine Act 

Meeting Notice 

AGENCY HOLDING THE MEETING: United 

States International Trade Commission. 

TIME AND DATE: October 19, 2009 at 

11 a.m. 

PLACE: Room 101, 500 E Street, SW., 

Washington, DC 20436, Telephone: 

(202) 205–2000. 

STATUS: Open to the public. 

Matters To Be Considered 

1. Agenda for future meetings: none. 

2. Minutes. 

3. Ratification List. 

4. Inv. No. 701–TA–460 (Final) (NiResist Piston Inserts from Argentina)— 

briefing and vote. (The Commission is 

currently scheduled to transmit its 

determination and Commissioners’ 

opinions to the Secretary of Commerce 

on or before October 29, 2009.) 

mstockstill on DSKH9S0YB1PROD with NOTICES