Federal Register / Vol. 74, No. 115 / Wednesday, June 17, 2009 / Notices 28723 

accordance with the requirements of the 

NEPA, as amended (42 U.S.C. 4321 et 

seq.); NEPA regulations (40 CFR parts 

1500–1508); other appropriate Federal 

laws and regulations; and our policies 

and procedures for compliance with 

those laws and regulations. 

Great Bay NWR, which encompasses 

1,089 acres, was established in 1992 to 

encourage natural diversity, protect 

listed species, and preserve and 

enhance water quality. The refuge is 

located on a portion of the former Pease 

Air Force Base. Despite past land uses, 

including active military operations, the 

refuge has a diversity of habitat types 

including oak-hickory forest, grasslands, 

shrub thickets, fresh and saltwater 

wetlands, and open water habitats. The 

refuge includes 7 miles of shoreline and 

is the largest parcel of protected land on 

Great Bay. In addition, Great Bay NWR 

includes a 28-acre conservation 

easement in Concord, New Hampshire, 

with a mix of open pitch pine-scrub, 

pine-hardwood, and other scrubland. 

The easement is managed primarily for 

the federally endangered Karner blue 

butterfly. Since 2008, Great Bay NWR 

and the Karner blue butterfly easement 

have been managed by Parker River 

NWR in Newburyport, Massachusetts. 

Public Availability and Comments 

Before including your 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. 

Authority: This notice is published under 

the authority of the National Wildlife Refuge 

System Improvement Act of 1997, Public 

Law 105–57. 

Dated: May 22, 2009. 

James G. Geiger, 

Acting Regional Director, U.S. Fish and 

Wildlife Service, Hadley, MA 01035. 

[FR Doc. E9–14222 Filed 6–16–09; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Indian Gaming 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice of Approved Tribal-State 

Compact. 

SUMMARY: This notice publishes 

approval of the 2009 Amendments to 

the Lac du Flambeau Band of Lake 

Superior Chippewa Indians (‘‘Tribe’’) 

and the State of Wisconsin Gaming 

Compact of 1991. 

DATES: Effective Date: June 17, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Paula L. Hart, Acting Director, Office of 

Indian Gaming, Office of the Deputy 

Assistant Secretary—Policy and 

Economic Development, Washington, 

DC 20240, (202) 219–4066. 

SUPPLEMENTARY INFORMATION: Under 

section 11 of the Indian Gaming 

Regulatory Act of 1988 (IGRA), Public 

Law 100–497, 25 U.S.C. 2710, the 

Secretary of the Interior shall publish in 

the Federal Register notice of approved 

Tribal-State compacts for the purpose of 

engaging in Class III gaming activities 

on Indian lands. This Amendment 

allows the Tribe to play poker and other 

card games; pari-mutuel, keno, craps 

and other dice games; roulette, big 

wheel and other wheel games; and 

electronic and video facsimile versions 

of any authorized game. This 

Amendment also allows for a 25-year 

term limit with an automatic 25-year 

renewal unless served notice of 

nonrenewal. 

Dated: June 9, 2009. 

Larry Echo Hawk, 

Assistant Secretary—Indian Affairs. 

[FR Doc. E9–14260 Filed 6–16–09; 8:45 am] 

BILLING CODE 4310–4N–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R4–ES–2008–NOXXX; 40120–1113– 

0000–C2] 

Notice of Availability of the Puerto 

Rican Parrot Recovery Plan 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of document availability. 

SUMMARY: We, the Fish and Wildlife 

Service, announce the availability of the 

revised recovery plan for the Puerto 

Rican Parrot (Amazona vittata). The 

revised recovery plan includes specific 

recovery objectives and criteria to be 

met in order to reclassify this species to 

threatened status and delist it under the 

Endangered Species Act of 1973, as 

amended (Act). 

ADDRESSES: You can obtain copies of the 

Puerto Rican Parrot Recovery Plan by 

contacting the Rı ́o Grande Field Station, 

U.S. Fish and Wildlife Service, P.O. Box 

1600, Rı ́o Grande, Puerto Rico 00745 

(telephone (787) 887–8769 Ext. 224) or 

by visiting our Web site at http:// 

endangered.fws.gov/recovery/ 

index.html#plans. 

FOR FURTHER INFORMATION CONTACT: 

Marisel Lo ́pez at the above address 

(Telephone 787/887–8769, ext. 224). 

SUPPLEMENTARY INFORMATION: 

Background 

Once abundant and widespread on 

the Puerto Rican archipelago, the Puerto 

Rican parrot is considered one of the ten 

most endangered birds in the world. 

Largely green with a red forehead and 

blue flight feathers, the parrot is one of 

nine Amazona parrots occurring in the 

West Indies. The species is one of the 

smallest in its genus. Presently, a 

minimum of 25–28 individuals survive 

in the wild in the El Yunque National 

Forest (YNF) in eastern Puerto Rico and 

22–28 in the Rı ́o Abajo Forest (RAF) in 

north central Puerto Rico. Two captive 

population facilities hold more than 228 

individuals: the Iguaca Aviary and the 

Jose ́ L. Vivaldi Aviary in eastern and 

west-central Puerto Rico, respectively. 

The Puerto Rican parrot is a fruiteating cavity nester seldom seen far 

from forests. Due to its nesting 

requirements, it depends on mature 

forests with large cavity-forming trees. 

The decline of the parrot and its 

restricted distribution are due to many 

factors, but mostly due to widespread 

habitat loss (e.g., deforestation.) 

At present, in addition to low 

numbers and a limited distribution, 

major threats to this species are nest 

competition and predation of eggs and 

chicks, predation of fledglings and 

adults, parasitism, and the impact of 

hurricanes. Many of the threats are 

being controlled through management 

strategies. 

Restoring an endangered or 

threatened animal or plant to the point 

where it is again a secure, selfsustaining member of its ecosystem is a 

primary goal of the endangered species 

program. To help guide the recovery 

effort, we are preparing recovery plans 

for most listed species. Recovery plans 

describe actions considered necessary 

for conservation of the species, establish 

criteria for downlisting or delisting, and 

estimate time and cost for implementing 

recovery measures. 

The Act (16 U.S.C. 1533 et seq.) 

requires the development of recovery 

plans for listed species, unless such a 

plan would not promote the 

conservation of a particular species. 

Section 4(f) of the Act requires us to 

provide a public notice and an 

opportunity for public review and 

comment during recovery plan 

development. We made the draft 


dwashington3 on PROD1PC60 with NOTICES
28724 Federal Register / Vol. 74, No. 115 / Wednesday, June 17, 2009 / Notices 

revision of the Puerto Rican Parrot 

recovery plan available for public 

comment from June 17, 2008 through 

August 18, 2008 (73 FR 34313). We 

considered information we received 

during the public comment period and 

information from peer reviewers in our 

preparation of this final revised 

recovery plan. We will forward 

substantive comments to other Federal 

agencies so each agency can consider 

these comments in implementing 

approved recovery plans. 

The objective of this revised plan is to 

provide a framework for the recovery of 

the Puerto Rican parrot, so that 

protection under the Act is no longer 

necessary. The plan presents criteria for 

reclassifying and delisting the parrot. As 

these criteria are met, the status of the 

species will be reviewed and it will be 

considered for reclassification or 

removal from the Federal List of 

Endangered and Threatened Wildlife 

and Plants. 

Authority: The authority for this action is 

section 4(f) of the Endangered Species Act, 

16 U.S.C. 1533 (f). 

Dated: April 14, 2009. 

Jacquelyn B. Parrish, 

Acting Regional Director. 

[FR Doc. E9–14217 Filed 6–16–09; 8:45 am] 

BILLING CODE 4310–55–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–629] 

In the Matter of Certain Silicon 

Microphone Packages and Products 

Containing the Same; Notice of 

Commission Final Determination of 

Violation of Section 337; Issuance of a 

Limited Exclusion Order; 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 respondent MEMS Technology 

Berhad of Malaysia (‘‘MemsTech’’) in 

the above-captioned investigation. The 

Commission has issued a limited 

exclusion order against the respondent 

and has terminated the investigation. 

FOR FURTHER INFORMATION CONTACT: 

Michael Liberman, Esq., 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 January 14, 2008, based on the 

complaint of Knowles Electronics, LLC 

of Itasca, Illinois (‘‘Knowles’’). 73 FR 

2277 (Jan. 14, 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 silicon 

microphone packages or products 

containing same by reason of 

infringement of one or more of claims 1 

and 2 of U.S. Patent No. 6,781,231 (‘‘the 

‘231 patent’’), and claims 1, 2, 9, 10, 15, 

17, 20, 28, and 29 of U.S. Patent No. 

7,242,089 (‘‘the ‘089 patent’’). The only 

named respondent is MemsTech. 

The evidentiary hearing in this 

investigation was held on September 

22–25, 2008. On January 12, 2009, the 

presiding administrative law judge 

(‘‘ALJ’’) issued an Initial Determination 

on Violation of Section 337 and 

Recommended Determination on 

Remedy and Bond, finding a violation of 

section 337. All parties to this 

investigation, including the Commission 

investigative attorney, filed timely 

petitions for review of various portions 

of the final ID, as well as timely 

responses to the petitions. 

The Commission determined to 

review various portions of the final ID 

and issued a Notice to that effect dated 

March 13, 2009. 74 FR 11748 (Mar. 19, 

2009). In the Notice, the Commission 

also set a schedule for the filing of 

written submissions on the issues under 

review, including certain questions 

posed by the Commission, and on 

remedy, the public interest, and 

bonding. The parties have briefed, with 

initial and reply submissions, the issues 

under review and the issues of remedy, 

the public interest, and bonding. 

On review, the Commission has 

determined as follows. 

(1) With respect to the ‘231 patent: 

(a) To affirm with modifications the 

ALJ’s finding that MemsTech’s accused 

products infringe claims 1 and 2 of the 

‘231 patent; 

(b) to affirm with modifications the 

ALJ’s determination that claims 1 and 2 

of the ‘231 patent are not invalid due to 

anticipation or obviousness; 

(2) With respect to the ‘089 patent: 

(a) to affirm the ALJ’s construction of 

the term ‘‘electrically coupled’’; 

(b) to affirm with modifications the 

ALJ’s construction of the term 

‘‘volume;’’ 

(c) to affirm with modifications the 

ALJ’s finding that MemsTech accused 

products infringe the asserted claims of 

the ‘089 patent; 

(d) to affirm the ALJ’s determination 

that Knowles SiSonic products practice 

claim 1 of the ‘089 patent; 

(e) to affirm with modifications the 

ALJ’s determination that the asserted 

claims of the ‘089 patent are not invalid 

due to anticipation or obviousness; 

(f) to affirm the ALJ’s determination 

that evidence shows that the 

commercial success of the SiSonic 

products is attributable to the ‘089 

patent. 

(3) to affirm the ALJ on any other 

findings under review except insofar as 

they are inconsistent with the opinion 

of the Commission. 

The Commission determined that the 

appropriate form of relief in this 

investigation is a limited exclusion 

order prohibiting the unlicensed entry 

of silicon microphone packages and 

products containing same that infringe 

claims 1 and 2 of U.S. Patent No. 

6,781,231 and claims 1, 2, 9, 10, 15, 17, 

20, 28, and 29 of U.S. Patent No. 

7,242,089, and that are manufactured 

abroad by or on behalf of, or imported 

by or on behalf of, MemsTech. 

The Commission further determined 

that the public interest factors 

enumerated in section 337(d)(1) (19 

U.S.C. 1337(d)(1)) do not preclude 

issuance of the limited exclusion order. 

Finally, the Commission determined 

that there should be no bond during the 

period of Presidential review. The 

Commission’s order was delivered to 

the President and the United States 

Trade Representative on the day of its 

issuance. 

The Commission has therefore 

terminated this investigation. 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 sections 

210.41-.42, 210.50 of the Commission’s 


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