52258 Federal Register / Vol. 74, No. 195 / Friday, October 9, 2009 / Notices 

lease terms for rentals and royalties at 

rates of $10 per acre or fraction thereof, 

per year and 162⁄3 percent, respectively. 

The lessees have 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 

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

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

188), and the BLM is proposing to 

reinstate lease WYW143962 effective 

February 1, 2009, 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, 

Chief, Branch of Fluid Minerals Adjudication. 

[FR Doc. E9–24404 Filed 10–8–09; 8:45 am] 

BILLING CODE 4310–22–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–678] 

In the Matter of: Certain Energy Drink 

Products; Notice of Commission 

Decision Not To Review an Initial 

Determination Granting Motion To 

Amend the Complaint and the Notice 

of Investigation To Add Six Additional 

Respondents 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice; Corrected. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined not to 

review an initial determination (‘‘ID’’) 

(Order No. 11) issued by the presiding 

administrative law judge (‘‘ALJ’’) in the 

above-captioned investigation granting a 

motion filed by complainants Red Bull 

GmbH and Red Bull North America, Inc. 

(collectively, ‘‘Red Bull’’) to amend the 

amend the complaint and notice of 

investigation to add six new 

respondents. 

FOR FURTHER INFORMATION CONTACT: Paul 

M. Bartkowski, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

708–5432. 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 June 17, 2009, based on a complaint 

filed by Red Bull GmbH and Red Bull 

North America, Inc. (‘‘Red Bull’’). 74 FR 

28725 (June 17, 2009). The complaint as 

amended 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 energy drink 

products by reason of infringement of 

U.S. Trademark Registration Nos. 

3,092,197; 2,946,045; 2,994,429; and 

3,479,607 and U.S. Copyright 

Registration No. VA0001410959. The 

complaint initially named six 

respondents: Chicago Import, Inc.; 

Lamont Dist., Inc. a/k/a Lamont 

Distributors Inc.; India Imports, Inc., a/ 

k/a International Wholesale Club; 

Washington Food and Supply of DC, 

Inc., a/k/a Washington Cash & Carry; 

Vending Plus, Inc.; and Baltimore 

Beverage Co. 

On September 8, 2009, the ALJ issued 

the subject ID, granting Red Bull’s 

motion to amend the complaint and 

notice of investigation to add six new 

respondents: Posh Nosh Imports; 

Greenwich, Inc.; Advantage Food 

Distributors, Ltd.; Wheeler Trading, Inc.; 

Avalon International General Trading, 

LLC; and Central Supply, Inc. No 

petitions for review were filed. 

The Commission has determined not 

to review the subject ID. 

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 

sections 210.42 of the Commission’s 

Rules of Practice and Procedure (19 CFR 

210.42). 

Dated: Issued: September 30, 2009. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–24309 Filed 10–8–09; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–688] 

Certain Hybrid Electric Vehicles and 

Components Thereof; Notice of 

Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Institution of investigation 

pursuant to 19 U.S.C. 1337. 

SUMMARY: Notice is hereby given that a 

complaint was filed with the U.S. 

International Trade Commission on 

September 3, 2009, under section 337 of 

the Tariff Act of 1930, as amended, 19 

U.S.C. 1337, on behalf of Paice, LLC of 

Bonita Springs, Florida. A letter 

supplementing the complaint was filed 

on September 24, 2009. The complaint 

alleges violations of section 337 based 

upon the importation into the United 

States, the sale for importation, and the 

sale within the United States after 

importation of certain hybrid electric 

vehicles and components thereof by 

reason of infringement of certain claims 

of U.S. Patent No. 5,343,970. The 

complaint further alleges that an 

industry in the United States exists as 

required by subsection (a)(2) of section 

337. 

The complainant requests that the 

Commission institute an investigation 

and, after the investigation, issue an 

exclusion order and cease and desist 

orders. 

ADDRESSES: The complaint, except for 

any confidential information contained 

therein, is 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., Room 

112, Washington, DC 20436, telephone 

202–205–2000. Hearing impaired 

individuals are advised that information 

on this matter can be obtained 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 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. 

FOR FURTHER INFORMATION CONTACT: Erin 

D. E. Joffre, Esq., Office of Unfair Import 

Investigations, U.S. International Trade 

Commission, telephone (202) 205–2550. 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 74, No. 195 / Friday, October 9, 2009 / Notices 52259 

Authority: The authority for institution of 

this investigation is contained in section 337 

of the Tariff Act of 1930, as amended, and 

in section 210.10 of the Commission’s Rules 

of Practice and Procedure, 19 CFR 210.10 

(2009). 

Scope of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

October 5, 2009, ordered that— 

(1) Pursuant to subsection (b) of 

section 337 of the Tariff Act of 1930, as 

amended, an investigation be instituted 

to determine whether there is a 

violation of subsection (a)(1)(B) of 

section 337 in the importation into the 

United States, the sale for importation, 

or the sale within the United States after 

importation of certain hybrid electric 

vehicles or components thereof that 

infringe one or more of claims 11 and 

39 of U.S. Patent No. 5,343,970, and 

whether an industry in the United 

States exists as required by subsection 

(a)(2) of section 337; 

(2) Pursuant to Commission Rule 

210.50(b)(1), 19 CFR 210.50(b)(1), the 

presiding administrative law judge shall 

take evidence or other information and 

hear arguments from the parties and 

other interested persons with respect to 

the public interest in this investigation, 

as appropriate, and provide the 

Commission with findings of fact on 

this issue; 

(3) For the purpose of the 

investigation so instituted, the following 

are hereby named as parties upon which 

this notice of investigation shall be 

served: 

(a) The complainant is—Paice 

LLC22957, Shady Knoll Drive, Bonita 

Springs, FL 34135. 

(b) The respondents are the following 

entities alleged to be in violation of 

section 337, and are the parties upon 

which the complaint is to be served: 

Toyota Motor Corporation, 1 ToyotaCho, Toyota City, Aichi Prefecture 

471–8571, Japan. 

Toyota Motor North America, Inc., 9 

West 57th Street, Suite 4900, New 

York, NY 10019. 

Toyota Motor Sales, U.S.A., Inc., 19001 

S. Western Avenue, Torrance, CA 

90509. 

(c) The Commission investigative 

attorney, party to this investigation, is 

Erin D.E. Joffre, Esq., Office of Unfair 

Import Investigations, U.S. International 

Trade Commission, 500 E Street, SW., 

Suite 401, Washington, DC 20436; and 

(4) For the investigation so instituted, 

the Honorable Paul J. Luckern, Chief 

Administrative Law Judge, U.S. 

International Trade Commission, shall 

designate the presiding Administrative 

Law Judge. 

Responses to the complaint and the 

notice of investigation must be 

submitted by the named respondents in 

accordance with section 210.13 of the 

Commission’s Rules of Practice and 

Procedure, 19 CFR 210.13. Pursuant to 

19 CFR 201.16(d) and 210.13(a), such 

responses will be considered by the 

Commission if received not later than 20 

days after the date of service by the 

Commission of the complaint and the 

notice of investigation. Extensions of 

time for submitting responses to the 

complaint and the notice of 

investigation will not be granted unless 

good cause therefor is shown. 

Failure of a respondent to file a timely 

response to each allegation in the 

complaint and in this notice may be 

deemed to constitute a waiver of the 

right to appear and contest the 

allegations of the complaint and this 

notice, and to authorize the 

administrative law judge and the 

Commission, without further notice to 

the respondent, to find the facts to be as 

alleged in the complaint and this notice 

and to enter an initial determination 

and a final determination containing 

such findings, and may result in the 

issuance of an exclusion order or a cease 

and desist order or both directed against 

a respondent. 

Issued: October 5, 2009. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–24399 Filed 10–8–09; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[USITC SE–09–026] 

Government in the Sunshine Act 

Meeting Notice 

AGENCY HOLDING THE MEETING: United 

States International Trade Commission. 

TIME AND DATE: October 13, 2009 at 2 

p.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. Nos. 731–TA–753, 754, and 

756 (Second Review) (Cut-to-Length 

Carbon Steel Plate from China, Russia, 

and Ukraine)—briefing and vote. (The 

Commission is currently scheduled to 

transmit its determinations and 

Commissioners’ opinions to the 

Secretary of Commerce on or before 

October 26, 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. 

Issued: October 5, 2009. 

By order of the Commission. 

William R. Bishop, 

Hearings and Meetings Coordinator. 

[FR Doc. E9–24499 Filed 10–7–09; 11:15 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Pursuant to the Clean Air Act 

Notice is hereby given that on October 

5, 2009, the United States lodged a 

proposed Consent Decree (‘‘Consent 

Decree’’) in the United States District 

Court for the Eastern District of 

Louisiana in the matter captioned 

United States and State of Louisiana v. 

Mosaic Fertilizer, LLC, Civil Action No. 

2:09–cv–6662. 

In this action, the United States and 

the State of Louisiana sought injunctive 

relief and civil penalties in connection 

with sulfur dioxide (‘‘SO2’’) emitted 

from two sulfuric acid production units 

at the Mosaic Fertilizer, LLC (‘‘Mosaic’’) 

Uncle Sam plant, located in Uncle Sam, 

Louisiana. The United States and the 

State of Louisiana alleged in a 

complaint (‘‘Complaint’’) filed 

simultaneously with the lodging of the 

Consent Decree that Mosaic was liable 

under the New Source Review 

Prevention of Significant Deterioration 

(‘‘PSD’’) provisions of the Clean Air Act, 

42 U.S.C. 7475(a), and the PSD 

provisions of the federally-approved 

Louisiana Air Control Commission 

Implementation Plan, for the failure to 

obtain a preconstruction PSD permit 

incorporating the best available control 

technology (‘‘BACT’’) when 

modifications were made to the sulfuric 

acid production units known as the 

Uncle Sam A Train and Uncle Sam D 

Train, and for the subsequent operation 

of those units without a PSD permit 

incorporating BACT. The Complaint 

also alleged that Mosaic violated the 

New Source Performance Standards 

(‘‘NSPS’’), set forth at 40 CFR 60.82– 

60.84, promulgated by EPA under 

Section 111(b)(1) of the Clean Air Act, 

42 U.S.C. 7411(b)(1), which became 

applicable to the Uncle Sam A Train 

upon its modification. 

Under the terms of the Consent 

Decree, the civil claims for relief 

mstockstill on DSKH9S0YB1PROD with NOTICES