14820 Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Notices 

Highway, Three Rivers, CA 93271 or emailed to seki_planning@nps.gov. 

Copies of the completed NEPA 

analysis will be available at the Office 

of the Superintendent Sequoia and 

Kings Canyon National Parks, online at 

the Web site http:// 

parkplanning.gov.nps/seki, or can be 

requested by writing to Sequoia and 

Kings Canyon National Parks, Planning 

and Compliance Office, 47050 Generals 

Highway, Three Rivers, CA 93271, or by 

e-mail addressed to 

seki_planning@nps.gov. 

FOR FURTHER INFORMATION CONTACT: 

Christine Smith, 559–565–3105 

SUPPLEMENTARY INFORMATION: 

Comments 

Before including an 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. Anonymous comments will not 

be accepted. 

Dated: February 9, 2009. 

Daniel E. Blackwell, 

Acting Superintendent, Sequoia and Kings 

Canyon National Parks. 

[FR Doc. E9–7058 Filed 3–31–09; 8:45 am] 

BILLING CODE 4310–X2–P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–605] 

In the Matter of Certain Semiconductor 

Chips With Minimized Chip Package 

Size and Products Containing Same; 

Notice of Commission Decision To 

Request Additional Briefing on 

Remedy and To Extend the Target Date 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to request 

additional briefing on remedy and to 

extend the target date to May 20, 2009, 

in the above captioned investigation. 

FOR FURTHER INFORMATION CONTACT: 

Megan M. Valentine, Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

708–2301. 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 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. 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: The 

Commission instituted this investigation 

on May 21, 2007, based on a complaint 

filed by Tessera, Inc. of San Jose, 

California against Spansion, Inc. and 

Spansion, LLC, both of Sunnyvale, 

California; QUALCOMM, Inc. of San 

Diego, California; AT1 Technologies of 

Thornhill, Ontario, Canada; Motorola, 

Inc. of Schaumburg, Illinois 

(‘‘Motorola’’); STMicroelectronics N.V. 

of Geneva, Switzerland; and Freescale 

Semiconductor, Inc. of Austin, Texas. 

72 FR 28522 (May 21, 2007). The 

complaint alleges violations of section 

337 in the importation into the United 

States, the sale for importation, and the 

sale within the United States after 

importation of certain semiconductor 

chips with minimized chip package size 

or products containing same by reason 

of infringement of one or more claims of 

U.S. Patent Nos. 5,852,326, and 

6,433,419. 

On December 1, 2008, the presiding 

administrative law judge (‘‘ALJ’’) issued 

his final ID finding no violation of 

section 337 by Respondents. The ID 

included the ALJ’s recommended 

determination on remedy and bonding. 

In his ID, the ALJ found that 

Respondents’ accused products do not 

infringe the asserted claims the ‘326 

patent or the asserted claims of the ‘419 

patent. The ALJ additionally found that 

the asserted claims of the ‘326 and ‘419 

patents are not invalid for failing to 

satisfy the enablement requirement or 

the written description requirement of 

35 U.S.C. 112 ¶ 1. The ALJ further found 

that the asserted claims of the ‘326 and 

‘419 patents are not invalid as indefinite 

of 35 U.S.C. 112 ¶ 2. The ALJ also found 

that the asserted claims of the ‘326 and 

‘419 patents are not invalid under 35 

U.S.C. 102 for anticipation or under 35 

U.S.C. 103 for obviousness. Finally, the 

ALJ found that an industry in the 

United States exists with respect to the 

‘326 and ‘419 patents as required by 19 

U.S.C. 1337(a)(2) and (3). In his 

recommended determination, the ALJ 

recommended that, should the 

Commission determine that a violation 

exists, a limited exclusion order 

(‘‘LEO’’) would be properly directed to 

Respondents’ accused chip packages 

and to the downstream products of 

Motorola, a named respondent. 

On January 30, 2009, the Commission 

determined to review the final ID in part 

and requested briefing on the issues it 

determined to review, remedy, the 

public interest, and bonding. 74 FR 

6175–6 (Feb. 5, 2009). The Commission 

determined to review: (1) The ALJ’s 

finding that Respondents’ accused 

devices do not infringe the asserted 

claims the ‘326 and ‘419 patents; (2) the 

ALJ’s finding that Tessera has waived 

any argument that the accused products 

indirectly infringe the ‘419 patent; (3) 

the ALJ’s finding that Motorola*s 

invention of the 1989 68HC11 OMPAC 

chip (‘‘OMPAC’’) does not anticipate the 

asserted patents under 35 U.S.C. 102(b); 

and (4) the ALJ’s finding that the 

Motorola’s OMPAC invention does not 

anticipate the asserted patents under 35 

U.S.C. 102(g). Id. The Commission 

determined not to review the remaining 

issues decided in the ID. 

On February 23, 2009, the parties 

filed initial written submissions 

regarding the issues on review, remedy, 

the public interest, and bonding. On 

March 5, the parties filed response 

submissions. Several respondents in copending investigation Certain 

Semiconductor Chips with Minimized 

Chip Package Size and Products 

Containing Same, Inv. No. 337–TA–649, 

also filed reply briefs on remedy, the 

public interest, and bonding. In its 

initial submission on remedy, Tessera 

requested that the Commission issue a 

‘‘tailored’’ general exclusion order 

(‘‘GEO’’) should the Commission 

determine that there is a violation of 

Section 337. See Complainant Tessera, 

Inc.’s Brief on the Issues of Remedy, the 

Public Interest and Bonding (Public 

Version) (March 5, 2009) (‘‘Tessera 

Remedy Br.’’) (available on EDIS). 

Tessera also requested that, should the 

Commission determine that the current 

record is not adequate to support 

issuance of a GEO, the Commission 

should issue immediately the LEO 

recommended by the ALJ and then 

conduct further proceedings regarding 

the availability of a tailored GEO. See 

Tessera Remedy Br. at 5–6. The 

Commission investigative attorney 

(‘‘IA’’) concurred. See Response of 

Office of Unfair Import Investigations to 

Complainant’s and Respondents’ Briefs 

on Issues Under Review and on 

Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Notices 14821 

Remedy, the Public Interest, and 

Bonding (Public Version) (March 16, 

2009) (available on EDIS) at 33–34. 

The Commission requests additional 

briefing regarding the appropriateness of 

Tessera’s proposed remedy. Specifically 

the Commission is particularly 

interested in responses to the following 

questions: 

1. Please address whether Tessera is 

entitled to a GEO under 19 U.S.C. 

1337(d)(2). 

2. Please address whether the 

Commission has the authority under the 

statute to issue a ‘‘tailored GEO,’’ which 

would ostensibly reach only specified 

downstream products and 

manufacturers while subjecting a 

complainant to the additional 

requirements of 19 U.S.C. 1337(d)(2). 

3. Please address whether the 

Commission has the authority to issue 

two different exclusion orders at two 

different times, specifically whether the 

Commission can issue an LEO 

immediately and then issue a GEO at a 

later date. 

The Commission has also determined 

that the target date be extended to May 

20, 2009. 

Written Submissions: Parties to the 

investigation, interested government 

agencies, and any other interested 

parties are encouraged to file written 

submissions on the issues of remedy, 

the public interest, and bonding. Such 

submissions should address the 

questions posed by the Commission 

above, as well as the recommended 

determination by the ALJ on remedy 

and bonding. 

The written submissions must be filed 

no later than close of business on 

Friday, April 10, 2009. Reply 

submissions must be filed no later than 

the close of business on Monday, April 

20, 2009. No further submissions on 

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 210.42 of the Commission’s 

Rules of Practice and Procedure (19 CFR 

210.42). 

Issued: March 26, 2009. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–7231 Filed 3–31–09; 8:45 am] 

BILLING CODE 

NATIONAL SCIENCE FOUNDATION 

Engineering Advisory Committee; 

Notice of Meeting 

In accordance with Federal Advisory 

Committee Act (Pub. L. 92–463, as 

amended), the National Science 

Foundation announces the following 

meeting: 

Name: Engineering Advisory 

Committee Meeting, #1170. 

Date/Time: April 22, 2009: 12 p.m. to 

6 p.m., April 23, 2009: 8 a.m. to 12 p.m. 

Place: National Science Foundation, 

4201 Wilson Boulevard, Suite 1235, 

Arlington, Virginia 22230. 

Type of Meeting: Open. 

Contact Person: Deborah Young, 

National Science Foundation, 4201 

Wilson Boulevard, Suite 505, Arlington, 

Virginia 22230. 

Purpose of Meeting: To provide 

advice, recommendations and counsel 

on major goals and policies pertaining 

to engineering programs and activities. 

Agenda: 

Wednesday, April 22 

• Introductions and Directorate 

Updates. 

• Broadening Participation Update 

and Performance. 

• Emerging Frontiers in Research and 

Innovation Update. 

• Discussion—Methods for 

Evaluating Success. 

• Sustainable Systems Presentation. 

Thursday, April 23 

• Industry-University Partnerships. 

• Partnerships with Agencies. 

• Discussion with Director and 

Deputy Director, NSF. 

Dated: March 26, 2009. 

Susanne Bolton, 

Committee Management Officer. 

[FR Doc. E9–7194 Filed 3–31–09; 8:45 am] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2008–0607] 

Commonwealth of Virginia: 

Discontinuance of Certain Commission 

Regulatory Authority Within the State; 

Notice of Agreement Between the NRC 

and the Commonwealth of Virginia; 

Notice of Waiver Termination 

AGENCY: U.S. Nuclear Regulatory 

Commission. 

ACTION: Notice of Agreement between 

the U.S. Nuclear Regulatory 

Commission and the Commonwealth of 

Virginia. 

SUMMARY: This notice is announcing 

that on March 4, 2009, Dr. Dale E. Klein, 

Chairman of the U.S. Nuclear 

Regulatory Commission (NRC), and on 

March 18, 2009, Governor Timothy M. 

Kaine of the Commonwealth of Virginia 

signed an Agreement as authorized by 

Section 274b of the Atomic Energy Act 

of 1954, as amended (the Act). The 

Agreement provides for the Commission 

to discontinue its regulatory authority 

and for Virginia to assume regulatory 

authority over the possession and use of 

byproduct material as defined in 

Sections 11e.(1), 11e.(2), 11e.(3), and 

11e.(4) of the Act, source material, and 

special nuclear materials (in quantities 

not sufficient to form a critical mass). 

Under the Agreement, a person in 

Virginia possessing these materials is 

exempt from certain Commission 

regulations. The exemptions have been 

previously published in the Federal 

Register (FR) and are codified in the 

Commission’s regulations as 10 CFR 

Part 150. The Agreement is published 

here as required by Section 274e of the 

Act. 

Notice of Waiver Termination: On 

March 31, 2009, the Commission 

terminated the time-limited waivers of 

the Energy Policy Act of 2005 

requirements granted by the 

Commission (70 FR 51581; August 31, 

2005) to Virginia for byproduct material 

as defined in Sections 11e.(3), and 

11e.(4) of the Act. 

FOR FURTHER INFORMATION CONTACT: 

Monica Orendi, Division of Materials 

Safety and State Agreements, Office of 

Federal and State Materials and 

Environmental Management Programs, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

Telephone (301) 415–3938; e-mail: 

monica.orendi@nrc.gov. 

SUPPLEMENTARY INFORMATION: The NRC 

published the draft Agreement in the FR 

for comment once each week for 4 

consecutive weeks on November 20, 

2008 (73 FR 70384), November 26, 2008