Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Notices 31309 

settlement, sale, location, or entry under 

the general land laws, including the 

mining laws, but not the mineral leasing 

laws. The lands are identified in the 

maps referenced in the Notice of 

Availability of Maps and Additional 

Public Scoping for Programmatic 

Environmental Impact Statement to 

Develop and Implement AgencySpecific Programs for Solar Energy 

Development; Bureau of Land 

Management Approach for Processing 

Existing and Future Solar Applications 

to be published in the Federal Register. 

Copies of the maps are available online 

at http://solareis.anl.gov and are also 

available from the BLM offices listed 

below: 

Arizona State Office, One North Central 

Avenue, Suite 800, Phoenix, AZ 

85004. 

California State Office, 2800 Cottage 

Way, Suite W–1623, Sacramento, CA 

95825. 

Colorado State Office, 2850 Youngfield 

Street, Lakewood, CO 80215. 

Nevada State Office, 1340 Financial 

Blvd., Reno, NV 89520. 

New Mexico State Office, 1474 Rodeo 

Road, Santa Fe, NM 87505. 

Utah State Office, 440 West 200 South, 

Suite 500, Salt Lake City, UT 84101. 

The lands depicted on the maps 

described above are located within the 

following townships: 

Arizona 

Gila and Salt River Meridian 

T. 9 N., R. 9 W. 

T. 5 N., R. 15 W. 

Tps. 4 and 5 N., R. 16 W. 

Tps. 2 S., Rs. 6 and 7 W. 

California 

San Bernardino Meridian 

Tps. 8 and 9 N., R. 4 E. 

Tps. 7, 8, and 9 N., R. 5 E. 

Tps. 8 and 9 N., R. 6 E. 

Tps. 1 and 2 N., Rs. 17, 18, 19, and 20 

E. 

T. 4 S., R. 14 E. 

Tps. 3, 4, and 5 S., Rs. 15 and 16 E. 

Tps. 3, 4, 5, 6, 16, and 17 S., R. 17 E. 

Tps. 1, 6, 16, and 17 S., R. 18 E. 

Tps. 1 and 6 S., R. 19 E. 

Tps. 4, 5, 6, and 7 S., R. 20 E. 

Tps. 4, 5, 7, and 8 S., R. 21 E. 

Tps. 4, 5, 6, and 7 S., R. 22 E. 

T. 5 S., R. 23 E. 

Colorado 

New Mexico Principal Meridian 

Tps. 34, 35, and 45 N., R. 8 E. 

Tps. 32 and 45 N., R. 9 E. 

T. 32 N., R. 10 E. 

Tps. 37 and 38 N., R. 12 E. 

T. 38 N., R. 13 E. 

New Mexico 

New Mexico Principal Meridian 

Tps. 23, 24, and 25 S., R. 1 W. 

Tps. 22, 23, 24, and 25 S., R. 2 W. 

Tps. 22, 23, and 24 S., R. 3 W. 

Tps. 23 and 24 S, R. 4 W. 

Tps. 24 and 25 S., R. 1 E. 

Tps. 17, 18, and 19 S., Rs. 8 and 9 E. 

Nevada 

Mount Diablo Meridian 

Tps. 3 and 4 N., Rs. 39 and 40 E. 

Tps. 1, 2, and 3 N., R. 64 E. 

Tps. 1 and 2 N., R. 65 E. 

T. 6 S., R. 41 E. 

Tps. 13 and 14 S., R. 47 E. 

T. 14 S., R. 48 E. 

Tps. 5, 6, 7, 16, 17, and 18 S., R. 63 E. 

Tps. 1, 16, 17, and 18 S., R. 64 E. 

T. 1 S., R. 65 E. 

Tps. 11 S., Rs. 69 and 70 E. 

Utah 

Salt Lake Meridian 

Tps. 30 S., Rs. 10, 11, and 12 W. 

Tps. 27, 33, and 34 S., R. 14 W. 

Tps. 33 and 34 S., R. 15 W. 

The BLM’s petition for withdrawal 

has been approved by the Secretary of 

the Interior. 

The purpose of the proposed 

withdrawal is to protect and preserve 

solar energy study areas for future solar 

energy development for a 20-year 

period. 

Records relating to the petition may 

be examined by contacting Linda 

Resseguie at the above address or by 

calling 202–452–7774. 

For a period of 90 days from the date 

of publication of this notice, all persons 

who wish to submit comments, 

suggestions, or objections in connection 

with the proposed withdrawal may 

present their views in writing to the 

BLM Director at the address noted 

above. 

Comments including names and street 

addresses of respondents will be 

available for public review at the BLM 

Washington Office at the address noted 

above, during regular business hours 8 

a.m. to 4:30 p.m., Monday through 

Friday, except holidays. 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. Individual respondents may 

request confidentiality. If you wish to 

withhold your name or address from 

public review or from disclosure under 

the Freedom of Information Act, you 

must state this prominently at the 

beginning of your comments. Such 

requests will be honored to the extent 

allowed by law. All submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, will be 

made available for public inspection in 

their entirety. 

Notice is hereby given that an 

opportunity for a public meeting is 

afforded in connection with the 

proposed withdrawal. All interested 

persons who desire a public meeting for 

the purpose of being heard on the 

proposed withdrawal must submit a 

written request to the BLM Director no 

later than September 28, 2009. If the 

authorized officer determines that a 

public meeting will be held, a notice of 

the time and place will be published in 

the Federal Register and a local 

newspaper at least 30 days before the 

scheduled date of the meeting. 

Any application for a withdrawal will 

be processed in accordance with the 

regulations set forth in 43 CFR 2310.1– 

2. 

For a period of 2 years from the date 

of publication of this notice in the 

Federal Register, the lands referenced 

in this notice will be segregated from 

settlement, sale, location, or entry under 

the general land laws, including the 

mining laws, unless an application is 

denied or canceled or the withdrawal is 

approved prior to that date. 

Licenses, permits, cooperative 

agreements, or discretionary land use 

authorizations of a temporary nature 

which would not impact the site may be 

allowed with the approval of an 

authorized officer of the BLM during the 

segregative period. 

Authority: 43 CFR 2310.3–1. 

Mike Pool, 

Acting Director, Bureau of Land Management. 

[FR Doc. E9–15472 Filed 6–29–09; 8:45 am] 

BILLING CODE 4310–84–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R8–ES–2009–N127; 81420–1113– 

0000–F3] 

Safe Harbor Agreement for the City of 

Elk Grove’s Shed B and Whitelock 

Parkway Drainage Corridors, in 

Sacramento County, CA 

AGENCY: Fish and Wildlife Service, 

Interior. 


sroberts on PROD1PC70 with NOTICES6
31310 Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Notices 

ACTION: Notice of availability; receipt of 

application and proposed safe harbor 

agreement. 

SUMMARY: This notice advises the public 

that the City of Elk Grove (applicant) 

has applied to the U.S. Fish and 

Wildlife Service (Service) for an 

Enhancement of Survival Permit 

through a Safe Harbor Agreement 

(Agreement) for the Federally 

threatened species valley elderberry 

longhorn beetle (Desmocerus 

californicus dimorphus) and the 

Federally threatened giant garter snake 

(Thamnophis gigas). The Agreement is 

available for public comment (see 

below). 

DATES: Written comments should be 

received on or before July 30, 2009. 

ADDRESSES: Comments should be 

addressed to Mr. Rick Kuyper, U.S. Fish 

and Wildlife Service, Sacramento Fish 

and Wildlife Office, 2800 Cottage Way, 

W–2605, Sacramento, CA 95825. 

Written comments may also be sent by 

facsimile to (916) 414–6713. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Rick Kuyper, Sacramento Fish and 

Wildlife Office (see ADDRESSES); 

telephone: (916) 414–6600. 

SUPPLEMENTARY INFORMATION: 

Availability of Documents 

You may obtain copies of the 

documents for review by contacting the 

individual named above. You may also 

make an appointment to view the 

documents at the above address during 

normal business hours. 

Background 

Under a Safe Harbor Agreement, 

participating landowners voluntarily 

undertake management activities on 

their property to enhance, restore, or 

maintain habitat benefiting species 

listed under the Act (16 U.S.C. 1531 et 

seq.). Safe Harbor Agreements, and the 

subsequent enhancement of survival 

permit that is issued pursuant to Section 

10(a)(1)(A) of the Endangered Species 

Act of 1973, as amended (Act), 

encourage private and other non-Federal 

property owners to implement 

conservation efforts for listed species by 

assuring property owners that they will 

not be subjected to increased property 

use restrictions as a result of their efforts 

to attract listed species to their property, 

or to increase the numbers or 

distribution of listed species already on 

their property. Application 

requirements and issuance criteria for 

enhancement of survival permits 

through Safe Harbor Agreements are 

found in the Code of Federal 

Regulations (CFR) at 50 CFR 17.22(c) 

and 17.32(c). 

We have worked with the applicant to 

develop the proposed Agreement for the 

conservation of the valley elderberry 

longhorn beetle and the giant garter 

snake on lands owned and managed by 

the applicant in Sacramento County, 

California. The property subject to this 

Agreement (Enrolled Property) consists 

of approximately 4.03 miles of drainage 

corridor (i.e., Shed B Channel, tributary 

to Shed B Channel, and Whitelock 

Parkway Channel) in the City of Elk 

Grove, Sacramento County, California. 

The Enrolled Property consists of the 

existing drainage corridor that extends 

west from Bruceville and Poppy Ridge 

roads to Franklin Boulevard (Shed B 

Channel), existing drainage corridor that 

extends from Bruceville Road to 

Bighorn Boulevard (Whitelock Parkway 

Channel), and a tributary of the Shed B 

Channel that is located between the 

main channel stem and Franklin High 

Road approximately 0.5 mile south of 

Whitelock Parkway. Development 

within the surrounding area consists of 

single-family homes and a school. Prior 

to the construction of the Shed B and 

Whitelock Parkway drainage channels, 

no suitable habitat for the giant garter 

snake or valley elderberry longhorn 

beetle existed. The current uses of the 

drainage corridors are flood control and 

water quality treatment. The drainage 

corridors drain directly into the 

Service’s Stone Lakes National Wildlife 

Refuge (approximately 2.1 miles 

downstream). 

The applicant proposes to allow for 

the establishment of suitable breeding 

and dispersal habitat for the two 

Federally listed species on the Enrolled 

Property and to implement avoidance 

and minimization measures during the 

maintenance activities described in the 

paragraph below. We expect that the 

proposed activities will benefit these 

species due to an increase in dispersal 

opportunities throughout the Enrolled 

Property, thus resulting in a net 

conservation benefit for the two 

Federally listed species. The Agreement 

includes a monitoring component that 

will aid the applicant in developing 

management strategies that can ensure 

the successful enhancement and 

management of breeding and dispersal 

habitat for the two Federally listed 

species. The proposed duration of the 

Agreement and the enhancement of 

survival permit is 30 years. 

The Agreement states that incidental 

take of the two Federally listed species 

may occur during maintenance 

activities within the drainage corridors, 

including: debris or obstruction 

removal; silt, sand, or sediment 

removal; vegetation control in channels; 

repair of previous erosion control work; 

minor erosion control work; bridge 

washing and painting; and geotechnical 

sampling. 

Upon approval of this Agreement, and 

consistent with the our Safe Harbor 

Policy published in the Federal Register 

on June 17, 1999 (64 FR 32717), we 

would issue a permit to the applicant 

authorizing take of the valley elderberry 

longhorn beetle and the giant garter 

snake incidental to the implementation 

of the management activities specified 

in the Agreement, incidental to other 

lawful uses of the Enrolled Property 

including normal, routine land 

management activities, and to return to 

pre-Agreement conditions (baseline). 

Public Review and Comments 

We have made a preliminary 

determination that the proposed 

Agreement and permit application are 

eligible for categorical exclusion under 

the National Environmental Policy Act 

of 1969 (NEPA). We explain the basis 

for this determination in an 

Environmental Action Statement that is 

also available for public review. 

Individuals wishing copies of our 

Environmental Action Statement, and/ 

or copies of the full text of the 

Agreement, including a map of the 

proposed permit area, should contact 

the office and personnel listed in the 

ADDRESSES section above. 

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. 

We will evaluate this permit 

application, associated documents, and 

comments submitted thereon to 

determine whether the permit 

application meets the requirements of 

section 10(a) of the Act and NEPA 

regulations. If we determine that the 

requirements are met, we will sign the 

proposed Agreement and issue an 

enhancement of survival permit under 

section 10(a)(1)(A) of the Act to the 

applicant for take of the valley 

elderberry longhorn beetle and the giant 

garter snake incidental to otherwise 

lawful activities in accordance with the 

terms of the Agreement. We will not 

make our final decision until after the 

end of the 30-day comment period and 

will fully consider all comments 

received during the comment period. 


sroberts on PROD1PC70 with NOTICES6
Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Notices 31311 

We provide this notice pursuant to 

section 10(c) of the Act and pursuant to 

implementing regulations for NEPA (40 

CFR 1506.6). 

Dated: June 23, 2009. 

Susan K. Moore, 

Field Supervisor, Sacramento Fish and 

Wildlife Office, Sacramento, California. 

[FR Doc. E9–15395 Filed 6–29–09; 8:45 am] 

BILLING CODE 4310–55–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–631] 

In the Matter of Certain Liquid Crystal 

Display Devices and Products 

Containing the Same; Notice of 

Commission Decision To Affirm-In-Part 

and Reverse-In-Part a Final Initial 

Determination Finding a Violation of 

Section 337; Issuance of a Limited 

Exclusion Order and a Cease and 

Desist Order; and Termination of the 

Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to affirmin-part and reverse-in-part a final initial 

determination (‘‘ID’’) of the presiding 

administrative law judge (‘‘ALJ’’) 

finding a violation of section 337 by the 

respondents’ products in the abovecaptioned investigation, and has issued 

a limited exclusion order directed 

against products of respondents Sharp 

Corporation of Japan; Sharp Electronics 

Corporation of Mahwah, New Jersey; 

and Sharp Electronics Manufacturing 

Company of America, Inc. of San Diego, 

California (collectively ‘‘Sharp’’); and 

cease and desist orders direct against 

products of Sharp Electronics Corp. and 

Sharp Electronics Manufacturing Co. 

FOR FURTHER INFORMATION CONTACT: 

Clint Gerdine, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

708–5468. 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 25, 2008, based on a 

complaint filed by Samsung Electronics 

Co., Ltd. (‘‘Samsung’’) of Korea. 73 FR 

4626–27. The complaint, as 

supplemented, alleges violations of 

section 337 of the Tariff Act of 1930, as 

amended, 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 liquid crystal display (‘‘LCD’’) 

devices and products containing the 

same by reason of infringement of 

certain claims of U.S. Patent Nos. 

7,193,666; 6,771,344 (‘‘the ‘344 patent’’); 

7,295,196; and 6,937,311 (‘‘the ‘311 

patent’’). The complaint further alleges 

the existence of a domestic industry as 

to each asserted patent. The 

Commission’s notice of investigation 

named the following respondents: Sharp 

Corporation of Japan; Sharp Electronics 

Corporation of Mahwah, New Jersey; 

and Sharp Electronics Manufacturing, 

Company of America, Inc. of San Diego, 

California. 

On January 26, 2009, the ALJ issued 

his final ID finding a violation of section 

337 by respondents as to the ‘311 and 

‘344 patents only, and issued his 

recommended determinations on 

remedy and bonding. On February 9, 

2009, Sharp and the Commission 

investigative attorney (‘‘IA’’) filed 

petitions for review of the final ID. The 

IA and Samsung filed responses to the 

petitions on February 17, 2009. 

On March 30, 2009, the Commission 

determined to review: (1) The ALJ’s 

construction of the claim term ‘‘domain 

dividers’’ found in the ‘311 patent;’’ (2) 

the ALJ’s determination that Sharp’s 

LCD devices infringe the ‘311 patent; (3) 

the ALJ’s determination that the ‘311 

patent is not unenforceable; and (4) the 

ALJ’s determination that the asserted 

claims of the ‘344 patent are not invalid 

as anticipated by U.S. Patent No. 

5,309,264 (‘‘the ‘264 patent’’). 

The Commission requested the parties 

to respond to certain questions 

concerning the issues under review and 

requested written submissions on the 

issues of remedy, the public interest, 

and bonding from the parties and 

interested non-parties. 74 FR 15301–02 

(April 3, 2009). 

On April 10 and April 17, 2009, 

respectively, complainant Samsung, the 

Sharp respondents, and the IA filed 

briefs and reply briefs on the issues for 

which the Commission requested 

written submissions. Also, the 

Commission received four submissions 

from interested non-parties on the 

issues of remedy, the public interest, 

and bonding. 

Having reviewed the record in this 

investigation, including the final ID and 

the parties’ written submissions, the 

Commission has determined to affirmin-part and reverse-in-part the ID. 

Particularly, the Commission has 

construed the term ‘‘domain dividers’’ 

in claims 6 and 8 of the ‘311 patent to 

be ‘‘apertures formed in the conductive 

layer comprising the electrode.’’ 

Further, the Commission has reversed 

the ALJ’s ruling of infringement of the 

‘311 patent by Sharp’s LCD devices and 

determined that these devices do not 

infringe claims 6 and 8 under the 

Commission’s claim construction of 

‘‘domain dividers.’’ Also, the 

Commission has taken no position on 

the validity of the ‘311 patent pursuant 

to 35 U.S.C. 112, ¶ 1, under the ALJ’s 

construction of ‘‘domain dividers,’’ or 

the unenforceability of the ‘311 patent. 

In addition, the Commission has 

affirmed the ALJ’s finding that claims 7 

and 8 of the ‘344 patent are not invalid 

in view of the ‘264 patent, and affirm 

his determination of a violation of 

section 337 with respect to the ‘344 

patent. 

Further, the Commission has made its 

determination on the issues of remedy, 

the public interest, and bonding. The 

Commission has determined that the 

appropriate form of relief is both: (1) A 

limited exclusion order prohibiting the 

unlicensed entry of LCD devices, 

including display panels and modules, 

and LCD televisions or professional 

displays containing the same that 

infringe claims 7 or 8 of the ‘344 patent, 

that are manufactured abroad by or on 

behalf of, or are imported by or on 

behalf of, Sharp, or any of its affiliated 

companies, parents, subsidiaries, 

licensees, contractors, or other related 

business entities, or successors or 

assigns; and (2) cease and desist orders 

prohibiting Sharp Electronics Corp. and 

Sharp Electronics Manufacturing Co. 

from conducting any of the following 

activities in the United States: 

importing, selling, marketing, 

advertising, distributing, offering for 

sale, transferring (except for 

exportation), and soliciting U.S. agents 

or distributors for, LCD devices, 

including display panels and modules, 

and LCD televisions or professional 

displays containing the same that are 

covered by claims 7 or 8 of the ‘344 

patent. 


sroberts on PROD1PC70 with NOTICES6