Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices 4051 

(2) Williams Prod Ryan Gulch, LLC, for 

lands in Rio Blanco County, Colorado. 

The petition was filed on time and was 

accompanied by all the rentals due 

since the date the lease terminated 

under the law. 

FOR FURTHER INFORMATION CONTACT: 

Bureau of Land Management, Milada 

Krasilinec, Land Law Examiner, Branch 

of Fluid Minerals Adjudication, at 303– 

239–3767. 

SUPPLEMENTARY INFORMATION: The lessee 

has agreed to the amended lease terms 

for rentals and royalties at rates of 

$10.00 per acre or fraction thereof, per 

year and 162⁄3 percent, respectively. The 

lessee has paid the required $500 

administrative fee and $163 to 

reimburse the Department for the cost of 

this Federal Register notice. The lessees 

have met all the requirements for 

reinstatement of the lease as set out in 

Section 31(d) and (e) of the Mineral 

Lands Leasing Act of 1920 (30 U.S.C. 

188), and the Bureau of Land 

Management is proposing to reinstate 

lease COC69412 effective August 1, 

2008, under the original terms and 

conditions of the lease and the 

increased rental and royalty rates cited 

above. 

Dated: January 14, 2009. 

Milada Krasilinec, 

Land Law Examiner. 

[FR Doc. E9–1190 Filed 1–21–09; 8:45 am] 

BILLING CODE 4310–JB–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[WY–923–1310–FI; WYW174048] 

Wyoming: Notice of Proposed 

Reinstatement of Terminated Oil and 

Gas Lease 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of proposed 

reinstatement of terminated oil and gas 

lease. 

SUMMARY: Under the provisions of 30 

U.S.C. 188(d) and (e), and 43 CFR 

3108.2–3(a) and (b)(1), the Bureau of 

Land Management (BLM) received a 

petition for reinstatement from Red 

River Oil and Gas, LLC for competitive 

oil and gas lease WYW174048 for land 

in Carbon County, Wyoming. The 

petition was filed on time and was 

accompanied by all the rentals due 

since the date the lease terminated 

under the law. 

FOR FURTHER INFORMATION CONTACT: 

Bureau of Land Management, Julie L. 

Weaver, Acting Chief, Branch of Fluid 

Minerals Adjudication, at (307) 775– 

6176. 

SUPPLEMENTARY INFORMATION: The lessee 

has agreed to the amended lease terms 

for rentals and royalties at rates of 

$10.00 per acre, or fraction thereof, per 

year, and 162⁄3 percent, respectively. 

The lessee has paid the required $500 

administrative fee and $163 to 

reimburse the Department for the cost of 

this Federal Register notice. The lessee 

has met all the requirements for 

reinstatement of the lease as set out in 

Sections 31(d) and (e) of the Mineral 

Lands Leasing Act of 1920 (30 U.S.C. 

188), and the Bureau of Land 

Management is proposing to reinstate 

lease WYW174048 effective August 1, 

2008, under the original terms and 

conditions of the lease and the 

increased rental and royalty rates cited 

above. BLM has not issued a valid lease 

affecting the lands. 

Julie L. Weaver, 

Acting Chief, Branch of Fluid Minerals 

Adjudication. 

[FR Doc. E9–1201 Filed 1–21–09; 8:45 am] 

BILLING CODE 4310–22–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[ES–956–1420–BJ–TRST; Group No. 193, 

Minnesota] 

Eastern States: Filing of Plat of Survey 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of filing of plat of survey; 

Minnesota. 

SUMMARY: The Bureau of Land 

Management (BLM) will file the plat of 

survey of the lands described below in 

the BLM–Eastern States, Springfield, 

Virginia, 30 calendar days from the date 

of publication in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Bureau of Land Management, 7450 

Boston Boulevard, Springfield, Virginia 

22153. Attn: Cadastral Survey. 

SUPPLEMENTARY INFORMATION: This 

survey was requested by the Bureau of 

Indian Affairs. 

The lands we surveyed are: 

Fourth Principal Meridian, Minnesota 

T. 43 North, R. 27 West 

The plat of survey represents the 

dependent resurvey of a portion of the 

south boundary, a portion of the 

subdivisional lines, the subdivision of 

section 33, and the reestablishment of 

the record meander lines in section 33, 

in Township 43 North, Range 27 West, 

of the Fourth Principal Meridian, in the 

State of Minnesota, and was accepted 

January 9, 2009. We will place a copy 

of the plat we described in the open 

files. It will be available to the public as 

a matter of information. 

If BLM receives a protest against this 

survey, as shown on the plat, prior to 

the date of the official filing, we will 

stay the filing pending our 

consideration of the protest. 

We will not officially file the plat 

until the day after we have accepted or 

dismissed all protests and they have 

become final, including decisions on 

appeals. 

Dated: January 12, 2009. 

Dominica Van Koten, 

Chief Cadastral Surveyor. 

[FR Doc. E9–1185 Filed 1–21–09; 8:45 am] 

BILLING CODE 4310–GJ–P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–582] 

In the Matter of: Certain Hydraulic 

Excavators and Components Thereof 

General Exclusion Order 

The Commission has determined that 

there is a violation of section 337 of the 

Tariff Act of 1930 (19 U.S.C. 1337) 

based on the unlawful importation and 

sale of certain hydraulic excavators that 

infringe United States Trademark 

Registration Nos. 2,140,606; 2,241,077; 

2,140,605 and 2,448,848, which cover 

the ‘‘CAT’’ and ‘‘Caterpillar’’ marks. 

Having reviewed the record in this 

investigation, including the written 

submissions of the parties, the 

Commission has made its determination 

on the issues of remedy, the public 

interest, and bonding. The Commission 

has determined that a general exclusion 

from entry for consumption is necessary 

because there is a pattern of violation of 

section 337 and it is difficult to identify 

the source of the infringing products. 

Accordingly, the Commission has 

determined to issue a general exclusion 

order prohibiting the unlicensed 

importation of infringing gray market 

hydraulic excavators bearing the 

trademarks at issue. 

The Commission has further 

determined that the public interest 

factors enumerated in 19 U.S.C. 1337(d) 

do not preclude issuance of the general 

exclusion order, and that the bond 

during the Presidential review period 

shall be in the amount of 100 percent of 

the entered value of the articles in 

question. 

Accordingly, the Commission hereby 

orders that: 


rmajette on PRODPC74 with NOTICES
4052 Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices 

(1) Hydraulic excavators 

manufactured by or under authority of 

Caterpillar Inc. for sale and use outside 

the North America Commercial Division 

(United States and Canada) which (a) 

bear one or more of the following U.S. 

Trademark Reg. Nos. 2,140,605; 

2,140,606; 2,421,077; and 2,448,848 and 

(b) are materially different from 

hydraulic excavators manufactured by 

or under authority of Caterpillar Inc. for 

sale and use in the United States, are 

excluded from entry for consumption 

into the United States, entry for 

consumption from a foreign-trade zone, 

or withdrawal from warehouse for 

consumption, except if imported by, 

under license from, or with the 

permission of the trademark owner, or 

as provided by law, until such date as 

the trademarks are abandoned, 

canceled, or rendered invalid or 

unenforceable. This paragraph shall 

apply to hydraulic excavators exported, 

shipped, sold, purchased, or imported 

by any and all persons, including 

authorized Caterpillar dealers. 

(2) Notwithstanding paragraph 1 of 

this Order, the aforesaid hydraulic 

excavators excludable under paragraph 

1 of this Order are entitled to entry into 

the United States for consumption, 

entry for consumption from a foreign 

trade zone, or withdrawal from a 

warehouse for consumption, under 

bond in the amount of 100 percent of 

entered value pursuant to subsection (j) 

of section 337 of the Tariff Act of 1930, 

as amended (19 U.S.C. 1337(j)), and the 

Presidential memorandum for the 

United States Trade Representative of 

July 21, 2005 (70 FR 43251) from the 

day after this Order is received by the 

United States Trade Representative until 

such time as the United States Trade 

Representative notifies the Commission 

that this Order is approved or 

disapproved but, in any event, not later 

than 60 days after the date of receipt of 

this Order. 

(3) In accordance with 19 U.S.C. 

1337(l), the provisions of this Order 

shall not apply to hydraulic excavators 

bearing the asserted trademarks that are 

imported by and for the use of the 

United States, or imported for, and to be 

used for, the United States with the 

authorization or consent of the 

Government. 

(4) Complainant Caterpillar Inc. shall 

file a written statement with the 

Commission, made under oath, each 

year on the anniversary of the issuance 

of this Order stating whether Caterpillar 

Inc. continues to use each of the 

aforesaid trademarks in commerce in 

the United States in connection with 

hydraulic excavators, whether any of 

the aforesaid trademarks has been 

abandoned, canceled, or rendered 

invalid or unenforceable, and whether 

Caterpillar Inc. continues to satisfy the 

economic requirements of section 

337(a)(2). 

(5) The Commission may modify this 

Order in accordance with the 

procedures described in section 210.76 

of the Commission’s Rules of Practice 

and Procedure (19 CFR 210.76). 

(6) The Secretary shall serve copies of 

this Order upon each party of record in 

this investigation and upon the 

Department of Health and Human 

Services, the Department of Justice, the 

Federal Trade Commission, and the U.S. 

Customs and Border Protection. 

(7) Notice of this Order shall be 

published in the Federal Register. 

(8) At the discretion of U.S. Customs 

and Border Protection (‘‘CBP’’) and 

pursuant to procedures it establishes, 

persons seeking to import hydraulic 

excavators that are potentially subject to 

this Order may be required to certify 

that they are familiar with the terms of 

this Order, that they have made 

appropriate inquiry, and thereupon state 

that, to the best of their knowledge and 

belief, the products being imported are 

not excluded from entry under 

paragraphs 1 through 7 of this Order. At 

its discretion, Customs may require 

persons who have provided the 

certification described in this paragraph 

to furnish such records or analyses as 

are necessary to substantiate the 

certification. 

By Order of the Commission. 

Issued: January 14, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–1092 Filed 1–21–09; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[USITC SE–09–002] 

Government in the Sunshine Act 

Meeting Notice 

AGENCY HOLDING THE MEETING: United 

States International Trade Commission. 

TIME AND DATE: January 27, 2009 at 9:30 

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. 731–TA–1140 (Final) 

(Uncovered Innerspring Units from 

China)—briefing and vote. (The 

Commission is currently scheduled to 

transmit its determination and 

Commissioners’ opinions to the 

Secretary of Commerce on or before 

February 11, 2009.) 

5. Outstanding action jackets: none 

In accordance with Commission 

policy, subject matter listed above, not 

disposed of at the scheduled meeting, 

may be carried over to the agenda of the 

following meeting. 

By order of the Commission: 

Issued: January 15, 2009. 

William R. Bishop, 

Hearings and Meetings Coordinator. 

[FR Doc. E9–1213 Filed 1–21–09; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Pursuant to the Comprehensive 

Environmental Response, 

Compensation and Liability Act 

In accordance with Section 122 of the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA), 42 U.S.C. 9622, the 

Department of Justice gives notice that, 

on January 6, 2009, a proposed Consent 

Decree (the Decree) in United States v. 

Beckman Coulter, Inc., et al., Civil 

Action No. 98–CV–4812, and New Jersey 

Department of Environmental 

Protection, et al. v. American 

Thermoplastics Corp., et al., Civil 

Action No. 98–CV–4781, was lodged 

with the United States District Court for 

the District of New Jersey. The Decree 

addresses recovery of response costs 

incurred or to be incurred and natural 

resource damages at the Combe Fill 

South Landfill Superfund Site (the Site), 

located in Washington and Chester 

Townships in Morris County, New 

Jersey. In these consolidated cases, the 

United States and the New Jersey 

Department of Environmental Protection 

brought civil claims against 31 

potentially responsible parties (PRPs) 

under Section 107 of CERCLA, 42 U.S.C. 

9607, for recovery of response costs at 

the Site. The State Plaintiffs also 

brought civil claims in connection with 

the Site under the New Jersey Spill 

Compensation and Control Act (the 

Spill Act), N.J.S.A. 58:10–23 et seq., and 

other authorities, for response costs and 

natural resource damages. Defendants 

subsequently filed contribution claims 

against 382 third-parties. 

Under the proposed Decree, Plaintiffs 

will receive: (1) $61-$69 million 

(depending on how many Municipal 

Third-Party Defendants enter into the 


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