Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Notices 31973 

normal business hours, at the listed 

addresses. 

• Spotfin chub, Tar River 

spinymussel, mountain sweet pitcher 

plant, Heller’s blazing star, bunched 

arrowhead, and white irisette: Asheville 

Field Office, U.S. Fish and Wildlife 

Service, 160 Zillicoa Street, Asheville, 

North Carolina, 28801, fax 828/258– 

5330. For information on the spotfin 

chub, contact Bob Butler at the address 

above (phone 828/258–3939 ext. 235, email bob_butler@fws.gov). For the Tar 

River spinymussel, contact John Fridell 

at the address above (828/258–3939 ext. 

225, e-mail john_fridell@fws.gov). For 

the bunched arrowhead, Heller’s blazing 

star, mountain sweet pitcher plant, and 

white irisette, contact Carolyn Wells at 

the address above (phone 828/258–3939 

ext. 231, e-mail carolyn_wells@fws.gov). 

• Amber darter, Etowah darter, and 

Cherokee darter: Athens Field Office, 

U.S. Fish and Wildlife Service, West 

Park Center Suite D, 105 West Park 

Drive, Athens, Georgia, 30606, fax 706/ 

613–6059. For information on the amber 

darter, Etowah darter, and Cherokee 

darter, contact Robin Goodloe at the 

Athens Field Office, address above 

(phone 706/613–9493 ext. 221, e-mail 

robin_goodloe@fws.gov). 

• Bluemask darter, Anthony’s 

riversnail, Spring Creek bladderpod, 

Price’s potato-bean, and Cumberland 

rosemary: Cookeville Field Office, U.S. 

Fish and Wildlife Service, 446 Neal 

Street, Cookeville, Tennessee, 38501, 

fax 931/528–7075. For information on 

the bluemask darter, Spring Creek 

bladderpod, Price’s potato-bean, and 

Cumberland rosemary, contact Geoff 

Call at the Cookeville Field Office, 

address above (phone 931/528–6481 ext. 

213, e-mail geoff_call@fws.gov). For the 

Anthony’s riversnail, contact Stephanie 

Chance at the Cookeville Field Office, 

address above (phone 931/528–6481 ext. 

211, e-mail stephanie_chance@fws.gov). 

• Magazine Mountain shagreen: 

Conway Field Office, U.S. Fish and 

Wildlife Service, 110 South Amity 

Road, Suite 300, Conway, Arkansas, 

72032, fax 501/513–4480. For 

information on the Magazine Mountain 

shagreen, contact Chris Davidson at the 

Conway Field Office, address above 

(phone 501/513–4481, e-mail 

chris_davidson@fws.gov). 

• Alabama sturgeon and Tennessee 

yellow-eyed grass: Daphne Field Office, 

U.S. Fish and Wildlife Service, 1208–B 

Main Street, Daphne, Alabama, 36526, 

fax 251/441–6222. For information on 

the Tennessee yellow-eyed grass, 

contact Dan Everson at the Daphne 

Field Office, address above (phone 251/ 

441–5837, e-mail 

dan_everson@fws.gov). For the Alabama 

sturgeon, contact Jeff Powell at the 

Daphne Field Office, address above 

(phone 251/441–5858, e-mail 

jeff_powell@fws.gov). 

• Flattened musk turtle, Mississippi 

gopher frog, and Cahaba shiner: Jackson 

Field Office, U.S. Fish and Wildlife 

Service, 6578 Dogwood View Parkway, 

Suite A, Jackson, Mississippi 39213, fax 

601/965–4340. For information on the 

flattened musk turtle and Cahaba shiner, 

contact Daniel Drennen at the Jackson 

Field Office, address above (phone 601/ 

321–1127, e-mail 

daniel_drennen@fws.gov). For the 

Mississippi gopher frog, contact Linda 

LaClaire at the Jackson Field Office, 

address above (phone 601/321–1126, email linda_laclaire@fws.gov). 

• Cape Fear shiner, Waccamaw 

silverside, and Saint Francis’ satyr 

butterfly: Raleigh Field Office, U.S. Fish 

and Wildlife Service, PO Box 33726, 

Raleigh, North Carolina, 27636, fax 919/ 

856–4556. For information on the Cape 

Fear shiner and Waccamaw silverside, 

contact David Rabon at the Raleigh 

Field Office, address above (phone 919/ 

856–4520 ext. 16, e-mail 

david_rabon@fws.gov). For the Saint 

Francis’ satyr butterfly, contact Dale 

Suiter at the Raleigh Field Office, 

address above (phone 919/856–4520 ext. 

18, e-mail dale_suiter@fws.gov). 

We request any new information 

concerning the status of any of these 23 

species. See ‘‘What information do we 

consider in a 5-year review?’’ heading 

for specific criteria. Information 

submitted should be supported by 

documentation such as maps, 

bibliographic references, methods used 

to gather and analyze the data, and/or 

copies of any pertinent publications, 

reports, or letters by knowledgeable 

sources. 

Public Availability of Comments 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that the 

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 

We publish this document under the 

authority of the Endangered Species Act 

(16 U.S.C. 1531 et seq.). 

Dated: June 4, 2009. 

Linda H. Kelsey, 

Acting Regional Director, Southeast Region. 

[FR Doc. E9–15918 Filed 7–2–09; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Reclamation 

Navajo-Gallup Water Supply Project, 

New Mexico 

AGENCY: Bureau of Reclamation, 

Interior. 

ACTION: Notice of Availability of the 

Navajo-Gallup Water Supply Project 

Planning Report and Final 

Environmental Impact Statement FES 

09–10. 

SUMMARY: Pursuant to the National 

Environmental Policy Act of 1969 (as 

amended), Public Law (Pub. L.) 92–199, 

and the general authority to conduct 

water resources planning under the 

Reclamation Act of 1902 and all acts 

amendatory thereof and supplementary 

thereto, the Bureau of Reclamation 

(Reclamation), in cooperation with the 

Navajo Nation, Jicarilla Apache Nation, 

City of Gallup, State of New Mexico, 

Bureau of Indian Affairs, Indian Heath 

Service, Navajo Tribal Utility Authority, 

and Northwest New Mexico Council of 

Governments, has prepared and made 

available to the public a Planning 

Report and Final Environmental Impact 

Statement (PR/FEIS). This document 

was undertaken to provide a discussion 

for the (1) Various ways to provide a 

municipal and industrial (M&I) water 

supply to the Navajo Nation, City of 

Gallup, and Jicarilla Apache Nation; (2) 

identification of a preferred alternative; 

and (3) associated environmental 

impacts and costs of the No Action and 

two action alternatives. 

ADDRESSES: Requests for copies should 

be addressed to Mr. Terry Stroh, Bureau 

of Reclamation, Western Colorado Area 

Office, 2764 Compass Drive, Suite 106, 

Grand Junction, Colorado 81506; 

telephone (970) 248–0608; facsimile 

(970) 248–0601; e-mail: tstroh@usbr.gov. 

The PR/FEIS is also available on 

Reclamation’s Web site at http:// 

www.usbr.gov/uc/ (click on 

Environmental Documents). 

Copies of the PR/FEIS are available 

for public review and inspection at the 

following locations: 

• Main Interior Building, Natural 

Resources Library, Room 1151, 1849 C 

Street, NW., Washington, DC. 

• Bureau of Reclamation, Denver 

Office Library, Denver Federal Center, 

mstockstill on PROD1PC66 with NOTICES

31974 Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Notices 

Sixth and Kipling, Building 67, Room 

167, Denver, Colorado. 

• Bureau of Reclamation, Upper 

Colorado Regional Office, 125 South 

State Street, Room 7418, Salt Lake City, 

Utah. 

• Bureau of Reclamation, Western 

Colorado Area Office, 835 East Second 

Avenue, Durango, Colorado. 

• Bureau of Reclamation, Western 

Colorado Area Office, 2764 Compass 

Drive, Suite 106, Grand Junction, 

Colorado. 

• Bureau of Reclamation, Farmington 

Construction Office, 220 Bloomfield 

Highway, Farmington, New Mexico. 

Libraries 

• Albuquerque/Bernalillo County 

Library, 501 Cooper Avenue, NW., 

Albuquerque, New Mexico. 

• Aztec Public Library, 319 South 

Ash, Aztec, New Mexico. 

• Bloomfield City Library, 333 South 

First Street, Bloomfield, New Mexico. 

• Cortez Public Library, 202 N. Park, 

Cortez, Colorado. 

• Dine ́ College Library, 1228 Yucca 

Street, Shiprock, New Mexico. 

• Durango Public Library, 1188 E. 

2nd Avenue, Durango, Colorado. 

• Farmington Public Library, 2101 

Farmington Avenue, Farmington, New 

Mexico. 

• Fort Lewis College Library, 1000 

Rim Drive, Durango, Colorado. 

• Navajo Nation Library, Window 

Rock, Arizona. 

• New Mexico State Library, 1209 

Camino Carlos Rey, Santa Fe, New 

Mexico. 

• New Mexico State University 

Library, Las Cruces, New Mexico. 

• San Juan College Library, 4601 

College Boulevard, Farmington, New 

Mexico. 

• University of Colorado Libraries, 

Government Publications, 1720 Pleasant 

Street, Boulder, Colorado. 

• Zimmerman Library, Government 

Information Department, University of 

New Mexico, Albuquerque, New 

Mexico. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Stan Powers, Bureau of Reclamation, 

Western Colorado Area Office, 835 East 

Second Avenue, Durango, Colorado 

81301; telephone (970) 385–6555; 

facsimile (970) 385–6539; e-mail: 

spowers@usbr.gov. 

SUPPLEMENTARY INFORMATION: The PR/ 

FEIS describes the potential 

environmental impacts of constructing, 

operating, and maintaining a water 

supply system to meet project year 2040 

water demands. The purpose of the 

proposed Federal action is to provide a 

long-term supply, treatment, and 

transmission of M&I water to the eastern 

portion of the Navajo Nation, Jicarilla 

Apache Nation, and City of Gallup, New 

Mexico. Construction of the NavajoGallup Water Supply Project was 

authorized in the Omnibus Public Land 

Management Act of 2009 (Pub. L. 111– 

11). 

The PR/FEIS describes and analyzes 

in detail three alternatives. Under the 

No Action Alternative, it is assumed 

that M&I water supplies and delivery 

systems would not be constructed on 

the eastern side of the Navajo Nation, 

for the City of Gallup, or for the 

southwestern area of the Jicarilla 

Apache Nation. Under the two action 

alternatives, the project would divert a 

total of 37,764 acre-feet of water per 

year from the San Juan River with a 

resulting depletion of 35,893 acre-feet, 

based upon the 2040 projected 

population with a demand rate of 160 

gallons per capita per day. 

Under the San Juan River-Public 

Service Company of New Mexico (SJR– 

PNM) Alternative, the Cutter diversion 

would require 4,645 acre-feet per year 

with no return flow to the San Juan 

River. The Public Service Company of 

New Mexico diversion would take the 

remaining 33,119 acre-feet of diversion, 

with an average return flow of 1,871 

acre-feet. 

The Navajo Indian Irrigation ProjectAmarillo Alternative would divert all 

project water through improved NIIP 

facilities using both Cutter Reservoir 

and the Amarillo Canal. This alternative 

also requires the construction of a 4,500 

acre-foot lined storage pond located 

near the Amarillo Canal. 

The PR/FEIS identifies the SJR–PNM 

Alternative as the preferred alternative. 

Public Law 111–11 authorizes the 

Secretary of the Interior (Secretary), 

acting through the Commissioner of 

Reclamation (Commissioner), to design, 

construct, operate, and maintain the 

project in substantial accordance with 

the preferred alternative (SJR–PNM) 

described in the Planning Report and 

Draft Environmental Impact Statement 

(PR/DEIS). 

Background 

The project area includes portions of 

the Navajo Nation in northwestern New 

Mexico and northeastern Arizona, and 

portions of the Jicarilla Apache Nation 

and the City of Gallup, New Mexico. 

Project planning has been intermittent 

over the past 40 years. A project steering 

committee included representatives 

from the Navajo Nation, Jicarilla Apache 

Nation, City of Gallup, Bureau of Indian 

Affairs, Indian Health Service, Navajo 

Tribal Utility Authority, Northwest New 

Mexico Council of Governments, and 

Reclamation. Funding for the project 

has mostly been through annual 

congressional write-in funds and cost 

sharing by the Navajo and Jicarilla 

Apache Nations. The level of the 

analysis (appraisal versus feasibility 

level work) has been tailored to stay 

within the funds available. The PR/FEIS 

includes appraisal-level alternative 

designs and cost estimates. The 

Secretary, acting through the 

Commissioner, is authorized to design, 

construct, operate, and maintain the 

Navajo-Gallup Water Supply Project as 

described in Public Law 111–11. 

Purpose and Need for Action 

The proposed project is to provide a 

long-term (year 2040) supply, treatment, 

and transmission of M&I water to the 

Navajo Nation, Jicarilla Apache Nation, 

and the City of Gallup, New Mexico. 

A long-term sustainable water supply 

is needed for the area to support current 

and future populations. The proposed 

project will be designed to serve a future 

population of approximately 250,000 

people by the year 2040. Existing 

groundwater supplies are dwindling, 

have limited capacity, and are of poor 

quality. More than 40 percent of Navajo 

households rely on water hauling to 

meet daily water needs. The City of 

Gallup’s groundwater levels have 

dropped by approximately 200 feet over 

the past 10 years and the supply is not 

expected to meet current water demands 

within the decade. The Jicarilla Apache 

people are currently not able to live and 

work outside the Town of Dulce on the 

reservation because of a lack of water 

supply. 

Proposed Federal Action 

The proposed project would build 

facilities to convey a reliable M&I water 

supply from Navajo Reservoir to the 

eastern section of the Navajo Nation, the 

southwestern portion of the Jicarilla 

Apache Nation, and the City of Gallup, 

New Mexico. Based upon expected 

populations in the year 2040, the 

proposed project would serve 

approximately 203,000 people in 43 

chapters of the Navajo Nation, 1,300 

people in the Jicarilla Apache Nation, 

and approximately 47,000 people in the 

City of Gallup. 

The PR/DEIS was issued to the public 

on March 30, 2007, and a Notice of 

Availability of the draft EIS was 

published in the Federal Register on 

March 30, 2007 (72 FR 15159–15161). A 

90-day public review and comment 

period for the PR/DEIS ended on June 

28, 2007. During the public comment 

period, five public hearings were held. 

There were approximately 280 

comments identified from letters and 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Notices 31975 

1The record is defined in sec. 207.2(f) of the 

Commission’s Rules of Practice and Procedure (19 

CFR 207.2(f)). 

public hearings that were addressed for 

inclusion in the PR/FEIS. Where 

appropriate, revisions were made in 

response to specific comments. 

No decision will be made on the 

proposed Federal action until at least 30 

days after release of the PR/FEIS. After 

the 30-day waiting period, Reclamation 

will complete a Record of Decision. The 

Record of Decision will state which 

alternative analyzed in the PR/FEIS will 

be implemented and discuss all factors 

leading to that decision. 

Dated: June 5, 2009. 

Larry Walkoviak, 

Regional Director—UC Region. 

[FR Doc. E9–15650 Filed 7–2–09; 8:45 am] 

BILLING CODE 4310–MN–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 731–TA–1012 (Review)] 

Certain Frozen Fish Fillets From 

Vietnam; Determination 

On the basis of the record 1 developed 

in the subject five-year review, the 

United States International Trade 

Commission (Commission) determines, 

pursuant to section 751(c) of the Tariff 

Act of 1930 (19 U.S.C. 1675(c)), that 

revocation of the antidumping duty 

order on certain frozen fish fillets from 

Vietnam would be likely to lead to 

continuation or recurrence of material 

injury to an industry in the United 

States within a reasonably foreseeable 

time. 

Background 

The Commission instituted this 

review on July 1, 2008 (73 FR 37487) 

and determined on October 6, 2008 that 

it would conduct a full review (73 FR 

62318, October 20, 2008). Notice of the 

scheduling of the Commission’s review 

and of a public hearing to be held in 

connection therewith was given by 

posting copies of the notice in the Office 

of the Secretary, U.S. International 

Trade Commission, Washington, DC, 

and by publishing the notice in the 

Federal Register on January 15, 2009 

(74 FR 2616). The hearing was held in 

Washington, DC, on May 6, 2009, and 

all persons who requested the 

opportunity were permitted to appear in 

person or by counsel. 

The Commission transmitted its 

determination in this review to the 

Secretary of Commerce on June 26, 

2009. The views of the Commission are 

contained in USITC Publication 4083 

(June 2009), entitled Certain Frozen Fish 

Fillets from Vietnam: Investigation No. 

731–TA–1012 (Review). 

By order of the Commission. 

Issued: June 26, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–15797 Filed 7–2–09; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–543 (Remand Proceeding) 

(Enforcement Proceeding)] 

In the Matter of Certain Baseband 

Processor Chips and Chipsets, 

Transmitter and Receiver (Radio) 

Chips, Power Control Chips, and 

Products Containing Same, Including 

Cellular Telephone Handsets; Notice of 

Commission Determination Not To 

Review an Initial Determination 

Terminating the Investigation Based 

on a Settlement Agreement 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined not to 

review the presiding administrative law 

judge’s (‘‘ALJ’’) initial determination 

(‘‘ID’’) (Order No. 74) granting a joint 

motion to terminate the investigation 

based on a settlement agreement. 

FOR FURTHER INFORMATION CONTACT: 

Daniel E. Valencia, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

205–1999. 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: On June 

21, 2005, the Commission instituted an 

investigation under section 337 of the 

Tariff Act of 1930, 19 U.S.C. 1337, based 

on a complaint filed by Broadcom 

Corporation (‘‘Broadcom’’) of Irvine, 

California, alleging a violation of section 

337 in the importation, sale for 

importation, and sale within the United 

States after importation of certain 

baseband processor chips and chipsets, 

transmitter and receiver (radio) chips, 

power control chips, and products 

containing same, including cellular 

telephone handsets by reason of 

infringement of five patents. 70 FR 

35707 (June 21, 2005). Broadcom named 

Qualcomm Incorporated (‘‘Qualcomm’’) 

of San Diego, California as the only 

respondent. On December 8, 2006, the 

Commission affirmed the ALJ’s final ID 

finding a violation due to infringement 

of U.S. Patent No. 6,714,983. On June 7, 

2007 the Commission issued a limited 

exclusion order and a cease and desist 

order to Qualcomm. Qualcomm 

appealed the Commission’s 

determination to the U.S. Court of 

Appeals for the Federal Circuit 

(‘‘Federal Circuit’’) on August 7, 2007, 

which appeal was consolidated under 

the lead case Kyocera Wireless Corp. v. 

International Trade Commission, Nos. 

2007–1492, et al. (‘‘Kyocera’’). 

On November 9, 2007, Broadcom filed 

an enforcement complaint pursuant to 

Commission Rule 210.75, alleging, inter 

alia, that Qualcomm has violated and 

continues to violate the Commission’s 

cease and desist order. Based on 

Broadcom’s complaint, the Commission 

instituted the enforcement proceeding 

on December 28, 2007. 72 FR 73879 

(Dec. 28, 2007). On October 14, 2008, 

the Federal Circuit issued an opinion in 

Kyocera, remanding the underlying 

investigation to the Commission. 

On May 6, 2009, Broadcom and 

Qualcomm jointly moved to terminate 

this investigation based upon a 

settlement agreement, pursuant to 

Commission rule 210.21 (19 CFR 

210.21). On May 15, 2009, the 

Commission investigative attorney filed 

a response in support of the joint 

motion to terminate the investigation. 

On June 11, 2009, the ALJ issued the 

subject ID granting the joint motion to 

terminate the investigation. No petitions 

for review of the ID 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 

section 210.42 of the Commission’s 

Rules of Practice and Procedure (19 CFR 

210.42). 

Dated: Issued: June 30, 2009. 

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