Federal Register / Vol. 74, No. 69 / Monday, April 13, 2009 / Notices 16891 

the public for review and comment 

following the announcement in the 

Federal Register on June 26, 2008 (73 

FR 36350–36352). The draft Plan and 

EA identified and evaluated three 

alternatives for managing the Refuges 

for the next 15 years. Alternative C was 

selected as the preferred alternative and 

will serve as the Final Plan. 

The final CCP identifies goals, 

objectives, and strategies that describe 

the future management of Sullys Hill 

National Game Preserve. This Plan gives 

priority to enhancing and restoring 

native prairie and promoting forest 

regeneration. Ungulate populations will 

be maintained at lower levels (≤20 

bison, ≤18 elk, and ≤18 white-tailed 

deer) to control the overgrazing and 

overbrowsing that has impacted Refuge 

habitats. Management tools, including 

exclusion fences and other appropriate 

methods such as chemical, biological, 

and mechanical techniques (including 

prescribed fire) will be used to restore 

and enhance habitat for the benefit of 

forest interior breeding and grassland 

nesting birds. Selected hay land acres 

would be restored to native prairie. 

Fuels treatment (including prescribed 

fire or other mechanical means) will be 

used to reduce hazardous fuels, 

minimizing the threat to life and 

property. Invasive species will be 

treated and areas restored. The ungulate 

herd health program will take a more 

active disease surveillance and 

treatment approach, including timely 

introduction of ungulates to maintain 

genetic health, particularly for the 

Refuges plains bison. 

There would be an increase in 

delivery of both on-site and off-site 

programming of youth environmental 

education programs. In cooperation 

with local teachers, a formal wetland 

and grassland conservation curriculum 

will be designed for targeted grade 

levels and meet local and State 

standards. Emphasis will be placed on 

developing education partnerships with 

Spirit Lake Nation schools and agencies. 

The Refuges limited fishery will be used 

for educational programs only. Visitor, 

facility, and wildlife safety will be 

improved through regular routine 

patrols during peak and off-peak public 

use. A comprehensive cultural resource 

survey of the Refuge will be completed 

in partnership with other agencies and 

organizations. Four full-time staff will 

be recruited to expand, develop, and 

conduct biological, visitor services, law 

enforcement, and maintenance 

programs. 

The Service is furnishing this Notice 

to advise other agencies and the public 

of the availability of the Final Plan, to 

provide information on the desired 

conditions for the Refuges, and to detail 

how the Service will implement 

management strategies. Based on the 

review and evaluation of the 

information contained in the EA, the 

Regional Director has determined that 

implementation of the Final Plan does 

not constitute a major Federal action 

that would significantly affect the 

quality of the human environment 

within the meaning of Section 102(2)(c) 

of the National Environmental Policy 

Act. Therefore, an Environmental 

Impact Statement will not be prepared. 

Dated: December 23, 2008. 

Noreen E. Walsh, 

Deputy Regional Director. 

Editorial Note: This document was 

received in the Office of the Federal Register 

on April 8, 2009. 

[FR Doc. E9–8328 Filed 4–10–09; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLUT–92000–09–L13200000–EL0000–24– 

1A00, UTU–84102] 

Notice of the Availability of the Greens 

Hollow, Federal Coal Lease Application 

Environmental Assessment and Notice 

of Public Hearing 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice. 

SUMMARY: The Bureau of Land 

Management (BLM) will hold a public 

meeting on the proposed sale, adequacy 

of the Environmental Impact Statement 

(EIS), Fair Market Value determination 

and Maximum Economic Recovery 

consideration for coal lease application 

UTU–84102. The BLM is in the process 

of completing the EIS that will address 

the environmental impacts of mining 

this tract. The lands included in the 

delineated Federal coal lease tract 

(‘‘Greens Hollow’’) are located in 

Sanpete and Sevier counties. The public 

is invited to the meeting to make public 

and/or written comments on the 

environmental implications of leasing 

the proposed tract, and also to submit 

comments on the Fair Market Value and 

the Maximum Economic Recovery of the 

tract. 

DATES: The meeting will be held May 6, 

2009 at 7 p.m. in the auditorium of 

North Sevier High School, 350 West 400 

North, Salina, Utah. 

FOR FURTHER INFORMATION CONTACT: 

Written comments on the Fair Market 

Value and Maximum Economic 

Recovery must be received by May 5, 

2009 and should be addressed to Stan 

Perkes, 801–539–4036, Bureau of Land 

Management, Utah State Office, 

Division of Lands and Minerals, P.O. 

Box 45155, Salt Lake City, Utah 84145 

or e-mail to Stan_Perkes@blm.gov. 

Information on the Decision Notice/ 

Finding of No Significant Impact can be 

obtained by contacting Mr. Steve Rigby, 

435–636–3604. Written comments 

concerning the environmental impact 

statement must be submitted by close of 

business on May 18, 2009 to the Price 

Field Office, 125 South 600 West, Price, 

Utah 84501. 

SUPPLEMENTARY INFORMATION: The lands 

included in the delineated Federal coal 

lease tract (‘‘Greens Hollow’’) are 

located in Sanpete and Sevier Counties, 

Utah approximately ten and one-half air 

miles west of Emery Utah on MantiLaSal and Fishlake National Forestadministered surface with federallyadministered minerals and are 

described as follows: 

T. 20 S., R. 4 E., SLM, Sevier County, Utah 

Sec. 36, lot 4, E1⁄2NE1⁄4, NE1⁄4SE1⁄4; 

T. 21 S., R. 4 E., SLM, Sevier County, Utah 

Sec. 1, all; 

Sec. 2, SE1⁄4; 

Sec. 11, E1⁄2, E1⁄2W1⁄2; 

Sec. 12, NE1⁄4, W1⁄2, W1⁄2SE1⁄4; 

Sec. 13, W1⁄2NE1⁄4, NW1⁄4; 

Sec. 14, NE1⁄4, E1⁄2NW1⁄4; 

T. 20 S., R. 5 E., SLM, Sanpete and Sevier 

Counties, Utah 

Sec. 19, lots 5–8, E1⁄2SW1⁄4, SE1⁄4; 

Sec. 20, S1⁄2; 

Sec. 21, W1⁄2SW1⁄4; 

Sec. 28, W1⁄2; 

Sec. 29, all; 

Sec. 30, all; 

Sec. 31, all; 

Sec. 32, N1⁄2, N1⁄2S1⁄2; 

Sec. 33, NW1⁄4NW1⁄4; 

T. 21 S., R. 5 E., SLM, Sevier County, Utah 

Sec. 6, all. 

Approximately 6,175.39 acres. 

Ark Land Company submitted the 

application for the coal lease. The 

company plans to mine the coal as an 

extension from their existing SUFCO 

Mine, if the lease is obtained. The 

Greens Hollow coal tract has two 

minable coal beds; the Upper Hiawatha 

and the Lower Hiawatha seam beds. The 

minable portions of the coal beds in this 

area are around eleven feet in thickness. 

The tract contains approximately 

109,700,000 tons of coal reserve base of 

high-volatile C bituminous coal. The 

coal quality in the Upper Hiawatha coal 

bed on an ‘‘as received basis’’ is as 

follows: 11,565 Btu/lb., 7.46 percent 

moisture, 9.81 percent ash, 36.55 

percent volatile matter, 46.1 percent 

fixed carbon and 0.55 percent sulfur. 

The coal quality in the Lower Hiawatha 

coal bed on an ‘‘as received basis’’ is as 

follows: 11,538 Btu/lb., 7.21 percent 

16892 Federal Register / Vol. 74, No. 69 / Monday, April 13, 2009 / Notices 

moisture, 9.69 percent ash, 38.88 

percent volatile matter, 43.85 percent 

fixed carbon and 1.26 percent sulfur. 

In accordance with Federal coal 

management regulations 43 CFR 3422 

and 3425, the public meeting is being 

held on the proposed sale to allow 

public comment on and discussion of 

the potential effects of mining and 

proposed lease. The meeting is being 

advertised in the Richfield Reaper 

located in Richfield, Utah and the 

Emery County Progress located in Castle 

Dale, Utah. 43 CFR 3422 states that, no 

less than 30 days prior to the 

publication of the notice of the sale, the 

Secretary shall submit public comments 

on the Fair Market Value appraisal and 

the Maximum Economic Recovery and 

on factors that may affect these two 

determinations. 

Proprietary data marked as 

confidential may be submitted to the 

BLM in response to this solicitation of 

public comments. Data so marked shall 

be treated in accordance with the laws 

and regulations governing 

confidentiality of such information. A 

copy of the comments submitted by the 

public on fair market value and 

maximum economic recovery, except 

those portions identified as proprietary 

by the author and meeting exemptions 

stated in the Freedom of Information 

Act, will be available for public 

inspection at the Bureau of Land 

Management, Utah State Office during 

regular business hours (8 a.m.–4 p.m.) 

Monday through Friday. Comments on 

the Fair Market Value and Maximum 

Economic Recovery should be sent to 

the Bureau of Land Management and 

should address, but not necessarily be 

limited to the following information: 

1. The quality of the coal resource; 

2. The mining methods or methods 

which would achieve maximum 

economic recovery of the coal, 

including specifications of seams to be 

mined and the most desirable timing 

and rate of production; 

3. Whether this tract is likely to be 

mined as part of an existing mine and 

therefore should be evaluated on a 

realistic incremental basis, in relation to 

the existing mine to which it has the 

greatest value; 

4. Whether the tract should be 

evaluated as part of a potential larger 

mining unit and revaluated as a portion 

of a new potential mine (i.e., a tract 

which does not in itself form a logical 

mining unit); 

5. Restrictions to mining that may 

affect coal recovery; 

6. The price that the mined coal 

would bring when sold; 

7. Costs, including mining and 

reclamation, of producing the coal and 

the time of production; 

8. The percentage rate at which 

anticipated income streams should be 

discounted, either with inflation or in 

the absence of inflation, in which case 

the anticipated rate of inflation should 

be given; 

9. Depreciation, depletion, 

amortization and other tax accounting 

factors; 

10. The value of any surface estate 

where held privately; 

11. Documented information on the 

terms and conditions of recent and 

similar coal land transactions in the 

lease sale area; 

12. Any comparable sales data of 

similar coal lands; and coal quantities 

and the Fair Market Value of the coal 

developed by BLM may or may not 

change as a result of comments received 

from the public and changes in the 

market conditions between now and 

when final economic evaluations are 

completed. 

Dated: April 6, 2009. 

Selma Sierra, 

State Director. 

[FR Doc. E9–8355 Filed 4–10–09; 8:45 am] 

BILLING CODE 4310–DQ–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–625] 

In the Matter of Certain Self-Cleaning 

Litter Boxes and Components Thereof; 

Notice of Commission Final 

Determination of Violation of Section 

337; Issuance of Limited Exclusion 

Order and Cease and Desist Orders; 

Termination of Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined that there 

is a violation of section 337 of the Tariff 

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

1337) by respondents Lucky Litter, LLC 

of Chicago, Illinois and OurPet’s 

Company of Fairport Harbor, Ohio in 

the above-captioned investigation. The 

Commission has issued a limited 

exclusion order, issued cease and desist 

orders against the two respondents, and 

terminated the investigation. 

FOR FURTHER INFORMATION CONTACT: 

Mark B. Rees, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

205–3116. 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 December 28, 2007, based on the 

complaint of Applica Consumer 

Products, Inc. of Miramar, Florida 

(‘‘Applica’’) and Waters Research 

Company of West Dundee, Illinois 

(‘‘Waters’’). 72 FR 73884 (Dec. 28, 2007); 

73 FR 13566 (Mar. 13, 2008). The 

complaint 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, and the 

sale within the United States after 

importation of certain self-cleaning litter 

boxes and components thereof by reason 

of infringement of U.S. Patent No. 

RE36,847 (‘‘the ‘‘847 patent’’). The 

respondents are Lucky Litter, LLC of 

Chicago, Illinois (‘‘Lucky Litter’’) and 

OurPet’s Company of Fairport Harbor, 

Ohio (‘‘OurPet’s’’). 

On December 1, 2008, the presiding 

administrative law judge (‘‘ALJ’’) issued 

his final initial determination (‘‘ID’’), 

finding that a violation of section 337 

has occurred in the importation, sale for 

importation, or sale after importation of 

certain self-cleaning litter boxes and 

components thereof by reason of 

infringement of claim 33 of the ‘847 

patent. His final ID also included his 

recommendation on remedy and 

bonding. Respondents Lucky Litter and 

OurPet’s, complainants Applica and 

Waters, and the Commission 

investigative attorney (‘‘IA’’) filed 

petitions (or contingent petitions) for 

review on December 16, 2008. All 

parties filed responses to the petitions 

on December 24, 2008. Complainants 

also filed a motion to strike on 

December 23, 2008, to which Lucky 

Litter and the IA filed oppositions on 

January 5, 2009. 

The Commission determined to 

review certain issues of claim 

construction, as well as invalidity due