27046 Federal Register / Vol. 74, No. 107 / Friday, June 5, 2009 / Notices 

of planning and management issues for 

public lands in the Lakeview, Burns and 

Vale BLM Districts and the FremontWinema and Malheur National Forests. 

The Council will conduct a public 

meeting by teleconference on July 1, 

2009 to discuss and come to consensus 

on the contents of comments to be sent 

to the BLM’s Oregon/Washington State 

Director on the Draft Environmental 

Impact Statement for Vegetation 

Treatments Using Herbicides on BLM 

Lands in Oregon. The public is welcome 

to listen to the entire teleconference and 

make oral comments to the Council 

from 7:45 p.m. to 8 p.m. 

Dated: May 27, 2009. 

Carol A. Benkosky, 

District Manager, Lakeview District Office. 

[FR Doc. E9–13106 Filed 6–4–09; 8:45 am] 

BILLING CODE 4310–33–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLCAN06000. 

L587400000.EU0000.LXSS006B0000–CACA 

47958] 

Notice of Realty Action: Competitive 

Sale of Public Lands in Tehama 

County, CA 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of realty action. 

SUMMARY: The Bureau of Land 

Management (BLM) proposes to sell a 

parcel of public land in Tehama County, 

California, consisting of approximately 

80 acres. The sale will be conducted by 

the United States General Services 

Administration (GSA) as an online 

competitive bid auction, at GSA’s Web 

site: http://www.auctionrp.com. 

Interested bidders must first register to 

bid either at http://www.auctionrp.com 

or by mail and submit registration 

deposits, and once registered, may 

participate in online bidding. Bids must 

be equal to or greater than the appraised 

fair market value of the land. The sale 

will be completed under the authority of 

Sections 203 and 209 of the Federal 

Land Policy and Management Act of 

1976 (FLPMA) (43 U.S.C. 1713 and 

1719) and the implementing regulations 

at 43 CFR 2710 and 2720. The purpose 

of the sale is to dispose of lands which 

are difficult and uneconomic to manage. 

DATES: Comments regarding the 

proposed sale must be received by BLM 

on or before July 20, 2009. Bidding will 

open on or around August 17, 2009 and 

will continue for at least 30 days. The 

date for receipt of final bids will be 

announced online, with 3 days notice. 

Bidding may continue beyond the date 

announced if deemed warranted by GSA 

due to bidder interest. Other deadline 

dates for payments, arranging payments, 

and payment by electronic transfers, are 

specified in the terms and condition of 

sale described herein. More specific 

information on the sale will be 

contained in an Invitation For Bids 

which will be available at http:// 

www.auctionrp.com or http:// 

www.propertydisposal.gsa.gov. 

ADDRESSES: Written comments 

regarding the proposed sale should be 

submitted to BLM, to the attention of 

the Redding Field Manager, at the 

following address: Bureau of Land 

Management, 355 Hemsted Drive, 

Redding, California 96002. More 

detailed information regarding the 

proposed sale and the land involved, 

including maps and current appraisal, 

may be reviewed during normal 

business hours between 8 a.m. and 4 

p.m. at the Redding Field Office. GSA’s 

address for purposes of bid registration 

will be specified in the Invitation For 

Bids to be available at http:// 

www.auctionrp.com. 

FOR FURTHER INFORMATION CONTACT: 

Ilene Emry, Realty Specialist (530) 224– 

2122 or via e-mail at 

ilene_emry@ca.blm.gov. 

SUPPLEMENTARY INFORMATION: The 

following described public land in 

Tehama County, California has been 

identified as available for disposal 

under the 1993 BLM Redding Resource 

Management Plan, as amended, and is 

proposed for sale: 

Mount Diablo Meridian 

T. 28 N., R. 5 W., 

Sec. 10, W1⁄2SW1⁄4. 

The area described contains approximately 

80 acres in Tehama County. 

On December 15, 2008, the abovedescribed land was segregated from 

appropriation under the public land 

laws, including the mining laws, except 

the sale provisions of the FLPMA. Until 

completion of the sale, the BLM is no 

longer accepting land use applications 

affecting the identified public land, 

except applications for the amendment 

of previously filed right-of-way 

applications or existing authorizations 

to increase the term of the grants in 

accordance with 43 CFR 2807.15 and 

2886.15. The segregative effect will 

terminate December 15, 2010, upon 

issuance of a patent, or publication in 

the Federal Register of a termination of 

the segregation, unless extended by the 

BLM State Director in accordance with 

43 CFR 2711.1–2(d) prior to the 

termination date. Proceeds from the sale 

will be deposited into the Federal Land 

Disposal Account, pursuant to the 

Federal Land Transaction Facilitation 

Act of July 25, 2000. 

The lands identified for sale are 

considered to have no known mineral 

value except for oil and gas only, which 

will be reserved to the United States. All 

other minerals are considered to have 

no known mineral value and the 

proposed sale would include the 

conveyance of both the surface interests 

and remaining mineral interests of the 

United States. 

A bid to purchase the land will 

constitute an application for conveyance 

of the mineral interests of no known 

value, excluding oil and gas, and in 

conjunction with the final payment, the 

applicant will be required to pay a 

$50.00 non-refundable filing fee for 

processing the conveyance of the 

mineral interests. 

The terms and conditions applicable 

to this sale are as follows: 

1. The lands will be conveyed with 

the following reservations to the United 

States: 

(a) A reservation of a right-of-way to 

the United States for ditches and canals 

constructed by authority of the United 

States under the Act of August 30, 1890 

(43 U.S.C. 945); 

(b) A reservation of all oil and gas to 

the United States, together with the 

right of the United States, its permittees, 

licensees, and lessees to use the surface 

of the land to prospect for, mine, and 

remove the oil and gas under 

regulations prescribed by the Secretary 

of the Interior. 

2. The lands would be conveyed 

subject to valid existing rights. The 

encumbrances of record, if any, 

appearing in the BLM public files for 

the parcel proposed for sale, are 

available for review during the hours 

stated above, Monday through Friday at 

the BLM Redding Field Office. As of the 

date of publication in the Federal 

Register, there are no authorizations on 

the lands. 

3. The lands may also be conveyed 

subject to such additional easements as 

may be necessary to authorize existing 

and proposed roads, public utilities, and 

flood control facilities based on Tehama 

County’s transportation and land 

management plans. 

4. No warranty of any kind, express or 

implied, is given by the United States as 

to the title, physical condition, or 

potential uses of the lands proposed for 

sale; and the conveyance will not be on 

a contingency basis. BLM hereby 

discloses that its inspection of the 

property found that approximately 2 

acres were previously cleared for an 

unauthorized corral area and 


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Federal Register / Vol. 74, No. 107 / Friday, June 5, 2009 / Notices 27047 

approximately 5 acres are subject to 

seasonal flooding due to a dam located 

down gradient off the property. 

BLM is not aware of any dedicated 

public access to the property and has 

concluded the property lacks legal 

access. To the extent required by law, 

the land will be conveyed subject to the 

requirements of Section 120(h) of the 

Comprehensive Environmental 

Response Compensation and Liability 

Act, as amended (CERCLA) (42 U.S.C. 

9620(h)), and notice is hereby given that 

the lands have been examined and no 

evidence was found to indicate that any 

hazardous substances have been stored 

for one year or more, or that hazardous 

substances have been disposed of or 

released on the land. 

5. All purchasers/patentees, by 

accepting a patent, covenant and agree 

to indemnify, defend and hold the 

United States harmless from any costs, 

damages, claims, causes of action, 

penalties, fines, liabilities, and 

judgments of any kind or nature arising 

from the past, present, and future acts 

or omissions of the patentees or their 

employees, agents, contractors, or 

lessees, or any third party, arising out of 

or in connection with the patentees’ use, 

occupancy, or operations on the 

patented real property. This 

indemnification and hold harmless 

agreement includes, but is not limited 

to, acts and omissions of the patentees 

and their employees, agents, 

contractors, or lessees, or any third 

party, arising out of or in connection 

with the use and/or occupancy of the 

patented real property which has 

already resulted or does hereafter result 

in: 

(a) Violations of Federal, State, and 

local laws and regulations that are now 

or may in the future become applicable 

to the real property; 

(b) Judgments, claims, or demands of 

any kind assessed against the United 

States; 

(c) Costs, expenses, or damages of any 

kind incurred by the United States; 

(d) Releases or threatened releases of 

solid or hazardous waste(s) and/or 

hazardous substances(s), as defined by 

Federal or State environmental laws, off, 

on, into or under land, property and 

other interest of the United States; 

(e) Activities by which solids or 

hazardous substances or waste, as 

defined by Federal and State 

environmental laws, are generated, 

released, stored, used, or otherwise 

disposed of on the patented real 

property, and any cleanup response, 

remedial action, or other actions related 

in any manner to said solid or 

hazardous substances or wastes; or 

(f) Natural resource damages as 

defined by Federal and State law. This 

covenant shall be construed as running 

with the parcel of land patented or 

otherwise conveyed by the United 

States, and may be enforced by the 

United States in a court of competent 

jurisdiction. 

6. An initial registration deposit of 

$5,000 must be provided to GSA to 

participate in online bidding. The 

procedure to register and submit the 

registration deposit for online bidding 

will be described in detail in the 

Invitation for Bids to be available at 

http://www.auctionrp.com. Each bid 

received shall be deemed to be a 

continuing offer for 90 calendar days 

after the date of the final bid submittal 

by a bidder until the bid is accepted or 

rejected by the Government. If the 

Government desires to accept any bid 

after the expiration of the 90 calendar 

days, the consent of the bidder shall be 

obtained prior to such expiration. 

7. The highest qualifying bid will be 

declared the high bid and the high 

bidder will receive written notice. The 

high bidder will be required to secure 

his bid with a bid deposit of cash funds 

equal to 10% of the bid amount within 

10 days of being notified that the United 

States has accepted his bid. The high 

bidder’s $5,000 registration deposit will 

be applied to make up a portion of the 

required 10% bid deposit. Bid results 

will also be posted on the Internet at 

GSA’s Web site: http:// 

www.auctionrp.com. 

8. The remainder of the full bid price 

must be paid within 180 calendar days 

of the award letter, in the form of a 

certified check, money order, bank draft, 

or cashier’s check made payable in U.S. 

dollars to the Bureau of Land 

Management. Personal checks will not 

be accepted. Failure to pay the full price 

within the 180 days will disqualify the 

apparent high bidder and cause the 

entire bid deposit to be forfeited to the 

BLM. 

9. Registration deposits submitted by 

unsuccessful bidders will be returned 

by GSA. 

10. The BLM may accept or reject any 

or all offers, or withdraw any parcel of 

land or interest therein from sale, if, in 

the opinion of the BLM authorized 

officer, consummation of the sale would 

not be fully consistent with FLPMA or 

other applicable law or is determined to 

not be in the public interest. 

11. Under Federal law, the public 

lands may only be conveyed to U.S. 

citizens 18 years of age or older; a 

corporation subject to the laws of any 

State or of the United States; a State, 

State instrumentality, or political 

subdivision authorized to hold property, 

or an entity legally capable of conveying 

and holding lands under the laws of the 

State of California. Certification of 

qualifications, including citizenship or 

corporation or partnership, must be 

provided to the BLM prior to 

conveyance. 

Additional Information: If not sold, 

the lands described in this Notice may 

be identified for sale later without 

further legal notice and may be offered 

for sale by sealed bid, internet auction, 

or oral auction. In order to determine 

the value, through appraisal, of the land 

proposed to be sold, certain 

extraordinary assumptions may have 

been made of the attributes and 

limitations of the lands and potential 

effects of local regulations and policies 

on potential future land uses. Through 

publication of this Notice, the Bureau of 

Land Management gives notice that 

these assumptions may not be endorsed 

or approved by units of local 

government. 

It is the buyer’s responsibility to be 

aware of all applicable local government 

policies, laws, and regulations that 

would affect the subject lands, 

including any required dedication of 

lands for public uses. It is also the 

buyer’s responsibility to be aware of 

existing or projected uses of nearby 

properties. When conveyed out of 

Federal ownership, the lands will be 

subject to any applicable reviews and 

approvals by the respective unit of local 

government for proposed future uses, 

and any such reviews and approvals 

will be the responsibility of the buyer. 

Any land lacking access from a public 

road or highway will be conveyed as 

such, and future access acquisition will 

be the responsibility of the buyer. 

Information concerning the sale, 

including the reservations, sale 

procedures and conditions, CERCLA 

and other environmental documents 

will be available for review at the BLM 

Redding Field Office. Most of this 

information will be available on the 

Internet at http://www.blm.gov/ca/st/en/ 

fo/redding. The general public and 

interested parties may submit comments 

regarding the proposed sale to the 

attention of the BLM Redding Field 

Manager on or before July 20, 2009. Any 

adverse comments regarding the 

proposed sale will be reviewed by the 

California BLM State Director or other 

authorized official of the Department, 

who may sustain, vacate, or modify this 

realty action in whole or in part. Before 

including your address, phone number, 

e-mail address, or other personal 

identifying information in your 

comment, be advised that your entire 

comment—including your personal 

identifying information—may be made 


erowe on PROD1PC63 with NOTICES
27048 Federal Register / Vol. 74, No. 107 / Friday, June 5, 2009 / Notices 

publicly available at any time. While 

you can ask us in your comment to 

withhold from public review your 

personal identifying information, we 

cannot guarantee that we will be able to 

do so. 

(Authority: 43 CFR 2711.1–2(a) and (c)) 

Dated: April 15, 2009. 

Tom Pogacnik, 

Deputy State Director, Natural Resources 

(CA–930). 

[FR Doc. E9–13115 Filed 6–4–09; 8:45 am] 

BILLING CODE 4310–40–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–623] 

In the Matter of Certain R–134a Coolant 

(Otherwise Known As 1,1,1,2- 

Tetrafluoroethane); Notice of 

Commission Determination To Review 

the Remand Determination of the 

Presiding Administrative Law Judge 

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 review 

the Remand Determination (‘‘RID’’) 

issued by the presiding administrative 

law judge (‘‘ALJ’’) in the abovecaptioned investigation on April 1, 

2009. The Commission has also 

determined to extend the target date for 

completion of the investigation to 

August 3, 2009. 

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 December 31, 2007, based on a 

complaint filed by INEOS Fluor 

Holdings Ltd., INEOS Fluor Ltd., and 

INEOS Fluor Americas LLC 

(collectively, ‘‘Ineos’’). 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 R–134a coolant 

(otherwise known as 1,1,1,2- 

tetrafluoroethane) by reason of 

infringement of various claims of United 

States Patent No. 5,744,658. 

Complainants subsequently added 

allegations of infringement with regard 

to United States Patent Nos. 5,382,722 

and 5,559,276 (‘‘the ‘276 patent’’), but 

only claim 1 of the ‘276 patent remains 

at issue in this investigation. The 

complaint named two respondents, 

Sinochem Modern Environmental 

Protection Chemicals (Xi’an) Co., Ltd. 

and Sinochem Ningbo Ltd. Two 

additional respondents were 

subsequently added: Sinochem 

Environmental Protection Chemicals 

(Taicang) Co., Ltd. and Sinochem 

(U.S.A.) Inc. The four respondents are 

collectively referred to as ‘‘Sinochem.’’ 

On December 1, 2008, the ALJ issued 

his final ID, finding that Sinochem had 

violated section 337. He concluded that 

respondents’ accused process infringed 

claim 1 of the ‘276 patent and that the 

domestic industry requirement had been 

met. He also found that claim 1 was not 

invalid and that it was not 

unenforceable. The Commission 

determined to review the ALJ’s final ID 

with regard to the effective filing date of 

the asserted claim, anticipation, and 

obviousness, to supplement the ALJ’s 

reasoning regarding the effective filing 

date, and to remand the investigation to 

the ALJ to conduct further proceedings 

related to anticipation and obviousness. 

To accommodate the remand, the 

Commission extended the target date to 

June 1, 2009 and instructed the ALJ to 

issue the RID by April 1, 2009. 

The ALJ issued the RID on April 1, 

2009. The RID concluded that 

Sinochem’s arguments concerning 

anticipation and obviousness were 

waived under the ALJ’s ground rules 

and, alternatively, that the arguments 

were without merit. Sinochem filed a 

petition for review of the RID. The 

Commission investigative attorney 

(‘‘IA’’) and Ineos opposed Sinochem’s 

petition. Subsequently, Sinochem filed 

a motion to strike and for leave to file 

a reply to Ineos’s and the IA’s 

oppositions. 

Having examined the record of this 

investigation, including the ALJ’s RID 

and the submissions of the parties, the 

Commission has determined to review 

the RID in its entirety. 

To assist in its review, and in order to 

more fully analyze Sinochem’s 

‘‘admission’’-based arguments, the 

Commission is interested in receiving 

further briefing on the following 

questions: 

(1) Based upon the undisputed scope 

and content of the prior art as set forth 

in the ‘276 patent specification and as 

presented by the expert witnesses at 

trial, what differences exist between the 

prior art and claim 1 of the ‘276 patent? 

(2) Based on your answer to question 

(1), would claim 1 have been obvious in 

light of the remand references to a 

person of ordinary skill in the art under 

KSR International, Co. v. Teleflex Co., 

550 U.S. 398 (2007)? 

(3) Are the ALJ’s conclusions 

regarding waiver consistent with 

Commission Rule 210.14(c)? If not, what 

is the effect on the ALJ’s conclusions in 

the remand determination? 

(4) Does the exception to the ALJ’s 

ground rule reciting that ‘‘contentions of 

which a party is not aware and could 

not be aware in the exercise of 

reasonable diligence at the time of filing 

the pre-hearing statements’’ apply to 

Respondents’ contentions regarding 

admissions elicited during the hearing? 

If so, what is the effect on the ALJ’s 

conclusions in the remand 

determination? 

The Commission has determined to 

extend the target date for completion of 

this investigation to August 3, 2009, in 

order to provide adequate time for 

review of the RID. The Commission has 

determined to deny as moot Sinochem’s 

motion to strike and for leave to file a 

reply. 

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. The written submissions 

must be filed no later than close of 

business on June 15, 2009. Reply 

submissions must be filed no later than 

the close of business on June 25, 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 


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