Outer Continental Shelf (OCS), Alaska Region, Chukchi Sea/Hope Basin and Norton Basin Planning Areas, 6903-6909 [05-2523]
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Federal Register / Vol. 70, No. 26 / Wednesday, February 9, 2005 / Notices
encountered in the dark zones of caves
and/or mesocaverns. Viable populations
of these arthropods require a
dependable source of nutrient input,
typically in the form of roots from overlying perennial plants.
The primary threats to these species
include: Small populations and
restricted range; urban and agricultural
development as well as quarrying
operations; non-native species preying
upon or competing with them for
limited food resources; human visitation
and uses of caves; urban and
commercial pesticide; biocontrol agents;
and extended drought which alters the
high-humidity environment to which
these arthropods are adapted, which
also facilitates invasion by nonnative
species.
Downlisting to threatened may be
considered for both species when nine
viable populations, spread across the
known range, are shown to be: (1) Selfsustaining; (2) stable or increasing; (3)
protected from non-native/predatory
species, human visitation to caves, biocontrol agents, pesticides, development
or other damaging land uses; and (4)
with the habitat being utilized in a
fashion consistent with conservation, as
evidenced by monitoring over a 10-year
period.
Delisting of both species may be
considered when 12 viable populations,
spread across the known range, are
shown to be: (1) Self-sustaining; (2)
stable or increasing; (3) protected from
non-native/predatory species, human
visitation to caves, bio-control agents,
pesticides, development or other
damaging land uses; and (4) with the
habitat being utilized in a fashion
consistent with conservation, as
evidenced by monitoring over a 20-year
period. In addition, a post-delisting
monitoring plan and agreement to
continue post-delisting monitoring must
be in place and ready for
implementation at the time of delisting.
Monitoring populations following
delisting will verify the ongoing
recovery and conservation of the species
and provide a means of assessing the
continuing effectiveness of management
actions.
Public Comments Solicited
We solicit written comments on the
draft recovery plan as described. All
comments received by the date specified
above will be considered prior to
approval of this plan.
Authority: The authority for this action is
section 4(f) of the Endangered Species Act,
16 U.S.C. 1533(f).
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Dated: November 18, 2004.
David J. Wesley,
Acting Regional Director, Region 1.
[FR Doc. 05–2492 Filed 2–8–05; 8:45 am]
6903
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[ES–960–1910–BJ–4489, ES–053126]
BILLING CODE 4310–55–P
Group No. 38, Illinois; Eastern States:
Filing of Plat of Survey
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Indian Gaming
AGENCY:
Bureau of Indian Affairs,
Interior.
Notice of Class III Gaming
Compacts taking effect.
ACTION:
SUMMARY: Notice is given that the
Tribal-State Compacts between the
Eastern Shawnee Tribe, the Choctaw
Tribe, the Citizen Potawatomi Nation
and the State of Oklahoma are
considered to have been approved and
are in effect.
DATES:
Effective Dates: February 9, 2005.
FOR FURTHER INFORMATION CONTACT:
George T. Skibine, Director, Office of
Indian Gaming Management, Office of
the Deputy Assistant Secretary—Policy
and Economic Development,
Washington, DC 20240, (202) 219–4066.
Under
Section 11(d)(7)(D) of the Indian
Gaming Regulatory Act of 1988 (IGRA),
Public Law 100–497, 25 U.S.C. 2710, the
Secretary of the Interior must publish in
the Federal Register notice of any
Tribal-State compact that is approved,
or considered to have been approved for
the purpose of engaging in Class III
gaming activities on Indian lands. The
Acting Principal Deputy Assistant
Secretary—Indian Affairs, Department
of the Interior, through his delegated
authority did not approve or disapprove
these compacts before the date that is 45
days after the date these compacts were
submitted. These compacts authorize
Indian tribes to engage in certain Class
III gaming activities, provides for certain
geographical exclusivity, limits the
number of gaming machines at existing
racetracks, and prohibits non-tribal
operation of certain machines and
covered games. Therefore, pursuant to
25 U.S.C. 2710(d)(7)(C), these compacts
are considered to have been approved,
but only to the extent they are
consistent with IGRA.
SUPPLEMENTARY INFORMATION:
Dated: January 28, 2005.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary—
Indian Affairs.
[FR Doc. 05–2462 Filed 2–8–05; 8:45 am]
BILLING CODE 4310–4N–P
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Bureau of Land Management,
Interior.
ACTION: Notice of filing of plat of survey;
Illinois.
AGENCY:
SUMMARY: The Bureau of Land
Management (BLM) will file the plat of
survey of the lands described below in
the BLM–Eastern States, Springfield,
Virginia, 30 calendar days from the date
of publication in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Bureau of Land Management, 7450
Boston Boulevard, Springfield, Virginia
22153. Attn: Cadastral Survey.
SUPPLEMENTARY INFORMATION: This
survey was requested by the U.S. Army
Corps of Engineers.
The lands we surveyed are:
Fourth Principal Meridian, Illinois
T. 8 S., Rs. 4 and 5 W.
The plat of survey represents the
dependent resurvey of portions of the
township boundaries, portions of the
subdivisional lines and the survey of the
Lock and Dam No. 24 acquisition boundary,
in Township 8 South, Ranges 4 and 5 West,
of the Fourth Principal Meridian, in the State
of Illinois, and was accepted on January 28,
2005.
We will place a copy of the plat we
described in the open files. It will be made
available to the public as a matter of
information.
Dated: January 28, 2005.
Stephen D. Douglas,
Chief Cadastral Surveyor.
[FR Doc. 05–2506 Filed 2–8–05; 8:45 am]
BILLING CODE 4310–GJ–P
DEPARTMENT OF THE INTERIOR
Minerals Management Service
Outer Continental Shelf (OCS), Alaska
Region, Chukchi Sea/Hope Basin and
Norton Basin Planning Areas
Minerals Management Service
(MMS), Interior.
ACTION: Call for information and
nominations.
AGENCY:
SUMMARY: The Secretary’s decision to
consider offering the Chukchi Sea/Hope
Basin Planning Area and the Norton
Basin Planning Area in the OCS Oil and
Gas Leasing Program for 2002–2007
provides for an 18-month ‘‘specialinterest’’ process beginning with
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publication of this Call. Based on the
information and specific nominations
received as a result of this Call, a
decision will be made whether to
proceed with a sale for these separate
planning areas. In the past MMS has
issued separate Calls for these areas;
however, because the areas are both
‘‘special-interest areas’’ and tentative
process milestones are the same, the
decision was made to combine the Calls.
DATES: Nominations and comments on
the Call must be received on or before
May 10, 2005.
FOR FURTHER INFORMATION CONTACT:
Please call Phyllis Casey at (907) 334–
5272 or Steve Flippen at (907) 334–5268
in MMS’s Alaska OCS Region regarding
questions on the Call.
SUPPLEMENTARY INFORMATION: The
objective of this ‘‘special-interest’’
leasing option is to foster exploration in
a frontier OCS area with potential oil
and gas resources, but due to high
economic costs, may have questionable
industry interest. This allows us to offer
the option, but with minimal upfront
time and effort required for holding a
typical lease sale. The general approach
is to query industry regarding the level
of interest in proceeding with sales in
the Chukchi Sea/Hope Basin and the
Norton Basin that would offer only very
small, very focused areas of specific
interest for exploration and to request
nominations of such areas. The lease
sales are being proposed to provide
opportunities for industry to pursue the
high resource potential of the Chukchi
Sea area in conjunction with potential
natural gas resources that may extend
into the adjacent Hope Basin area. The
Norton Basin may contain quantities of
natural gas, which might be used for
western Alaska communities if
economically feasible. Comments are
also being requested from the general
public on this special-interest leasing
process, including the terms and
conditions of the sales. The MMS will
consider all comments and nominations
in the decisions on whether and where
within the Chukchi Sea/Hope Basin or
Norton Basin to proceed with leasing
and on the terms and conditions of lease
sale proposals. A decision to offer a
nominated area for leasing will be
conditioned on a commitment from
industry to explore the area leased
within a specific time period. Any lease
sale would be open competitively to all
qualified bidders.
This is the third Call issued for the
Chukchi Sea/Hope Basin for this 5-year
program. The first two Calls were
published in the Federal Register on
March 25, 2003, and January 30, 2004,
respectively. No interest was expressed
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for either Call; therefore, the process
was stopped and deferred to this year.
If no interest is expressed in response to
this third Call, Sale 193 may be called
again later this year.
This is the fourth Call issued for the
Norton Basin for this 5-year program.
The first three Calls were published in
the Federal Register on January 22,
2002, March 25, 2003, and January 30,
2004, respectively. No interest was
expressed for any of these Calls;
therefore, the process was stopped and
deferred to this year. This is the last Call
scheduled to be issued for Norton Basin
in this 5-year program.
This Call does not indicate a
preliminary decision to lease in the
areas described below. If the MMS
decides to proceed with the sale
process, the MMS will make the final
decision on the specific areas for
possible leasing at a later date in the
presale process and in compliance with
the 5-year program and with applicable
laws including all requirements of the
National Environmental Policy Act
(NEPA) and the OCS Lands Act
(OCSLA). The MMS may adjust the
dimensions of a nominated area after
discussions with the nominating
company.
Call for Information and Nominations
1. Authority
This Call is published pursuant to the
OCSLA, as amended (43 U.S.C. 1331–
1356, [1994]), and the regulations issued
thereunder (30 CFR part 256 and 30 CFR
part 260); and in accordance with the
OCS Oil and Gas Leasing Program 2002
to 2007, approved June 27, 2002.
2. Purpose of Call
The purpose of the Call is to gather
preliminary information, to request
nomination of specific areas of interest
to industry, and to request comments on
the terms and conditions of offering
these special-interest lands. The Call
also serves to initiate public outreach to
assist in preparation of the NEPA
analysis for this proposal. This proposal
is in keeping with Sec. 102(9) of the
OCSLA Amendments of 1978, which
states as a purpose of the statute, ‘‘* * *
to insure that the extent of oil and
natural gas resources of the OCS is
assessed at the earliest practicable
time.’’ The objective of the ‘‘specialinterest’’ leasing process is to encourage
exploration in a frontier OCS area that
might contain natural gas for potential
use in local communities, as well as oil
to meet national energy needs. The sale
would offer for lease both oil and gas.
Comments, information, and
nominations on oil and gas leasing,
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exploration, and development and
production within the Chukchi Sea/
Hope Basin and Norton Basin are sought
from all interested parties. Comments
are also being sought on the terms,
conditions, and economic incentives of
a sale in the Chukchi Sea/Hope Basin
and Norton Basin. Industry and other
interested parties are strongly
encouraged to contact the MMS, Alaska
OCS Region, Phyllis Casey at (907) 334–
5272 or Steve Flippen at (907) 334–
5268, with questions or to discuss
interest in these areas. This early
planning and consultation step is
particularly important to this specialinterest lands process. The MMS will
base its decision on whether to proceed
with the presale process and the terms
and conditions of a sale on the
nominations and other information
received in response to this Call. This
process will ensure a decision that
considers the concerns of all
respondents in future decisions in this
leasing process pursuant to the OCSLA
and regulations at 30 CFR part 256 and
30 CFR part 260. Commenters are also
encouraged to submit comments and
suggestions on the ‘‘special-interest’’
leasing process in general using this
process.
This Call is being issued in
accordance with the OCS Oil and Gas
Leasing Program 2002 to 2007, approved
June 27, 2002. The program offers two
sales in the Chukchi Sea/Hope Basin
during the 5-year program. If no interest
is expressed in response to this third
Call, Sale 193 will not be held for this
5-year program. However, a new Call for
the Chukchi Sea/Hope Basin for Sale
203 is scheduled to be issued November
2005 with a tentative sale date in May
2007. No more than two rounds of lease
issuance in the Chukchi Sea/Hope Basin
were to occur during this 5-year
program. This is the fourth Call issued
for the Norton Basin Program Area. The
first three Calls were published in the
Federal Register on January 22, 2002,
March 25, 2003, and January 30, 2004,
respectively. No interest was expressed
for any Call. This is the last Call
scheduled for the Norton Basin in this
5-year program.
3. Description of Areas
Chukchi Sea/Hope Basin: This area is
located offshore the State of Alaska in
the Chukchi Sea, between Cape
Krusenstern and Point Barrow. The
Chukchi Sea area consists of
approximately 6,155 whole and partial
blocks (about 34 million acres). It
extends offshore from about 10 to
approximately 200 miles in water
depths from about 32 feet to
approximately 230 feet. A small portion
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of the northeast corner of the area drops
to approximately 3,000 feet. The Hope
Basin area consists of approximately
1,243 whole and partial blocks (about
61⁄2 million acres). It extends offshore
from about 3 to approximately 110 miles
in water depths from about 32 feet to
approximately 230 feet.
Norton Basin: This area is located
offshore the State of Alaska in the
northern Bering Sea, west and south off
the coast of the Seward Peninsula. It
consists of approximately 4,742 whole
and partial blocks (about 25 million
acres). It extends offshore from about 3
to approximately 320 miles in water
depths from about 25 feet to
approximately 650 feet.
Page-size maps of the areas
accompany this Notice. Large scale Call
maps showing the boundaries of the
areas on a block-by-block basis are
available without charge from the Public
Information Office at the address given
below, or by telephone request at (907)
334–5206 or 1–800–764–2627. Copies of
Official Protraction Diagrams (OPDs) are
also available at the following location:
Alaska OCS Region, Minerals
Management Service, 3801 Centerpoint
Drive, Suite 500, Anchorage, Alaska
99503.
In addition, the OPDs are available on
the MMS Web site at https://
www.mms.gov/ld/alaska.htm.
4. Instructions on Call
The Call for Information Maps and
indications of interest and/or comments
must be submitted to the Regional
Supervisor, Leasing and Environment,
at the above address.
The Call maps delineate the areas that
are the subject of this Call. Respondents
are requested to indicate very specific
areas of interest in and comment on the
Federal acreage within the boundaries
of the Call areas that they wish to have
included in a proposed sale in the
Chukchi Sea/Hope Basin or Norton
Basin.
If you wish to comment, you may
submit your comments by any one of
the following methods:
• You may mail comments to the
Alaska OCS Region, Minerals
Management Service, 3801 Centerpoint
Drive, Suite 500, Anchorage, Alaska
99503, in envelopes labeled ‘‘Attn:
Comments on Call for Information and
Nominations for Proposed 2005 Lease
Sale in Chukchi Sea/Hope Basin.’’ or
‘‘Attn: Comments on Call for
Information and Nominations for
Proposed 2005 Lease Sale in Norton
Basin.’’, as appropriate.
• You may fax your comments to
MMS at (907) 334–5242.
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• You may also comment using
Public Connect at: https://
ocsconnect.mms.gov/pcs-public.
• Finally, you may hand-deliver
comments weekdays between 8 am and
5 pm to the Alaska OCS Region,
Minerals Management Service, 3801
Centerpoint Drive, Suite 500,
Anchorage, Alaska 99503.
Please note that all comments need to
identify which areas they pertain to.
Our practice is to make comments,
including names and addresses of
respondents, available for public review
during regular business hours.
Individual respondents may request that
we withhold their address from the
record, which we will honor to the
extent allowable by law. Under certain
circumstances we can withhold a
respondent’s identity, as allowable by
law. If you wish us to withhold your
name and/or address, you must state
this prominently at the beginning of
your comment. However, we will not
consider anonymous comments. We
will make all submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, available
for public inspection in their entirety.
A. Areas of Interest to the Oil and Gas
Industry. Industry must be candid and
very specific regarding the areas they
nominate if this process is to succeed.
The purpose of this process is to
identify and offer only small-focused
areas where industry has a significant
interest in exploration. Nominations
covering large-scale areas will not be
helpful in defining these areas.
Nominations must be depicted on the
Call maps by outlining the area(s) of
interest along block lines. Nominators
are asked to submit a list of whole and
partial blocks nominated (by OPD and
block number) to facilitate correct
interpretation of their nominations on
the Call maps. Although the identities of
those submitting nominations become a
matter of public record, the individual
nominations are proprietary
information. The telephone number and
the name of a person to contact in the
nominator’s organization for additional
information should be included in the
response. This person will be contacted
to set up a mutually agreeable time and
place for a meeting with the Alaska OCS
Regional Office to present their views
regarding the company’s nominations.
B. Terms, Conditions, and Economic
Incentives Pertaining to Lease Issuance.
Respondents are requested to comment
on the terms, conditions, and economic
incentives pertaining to lease issuance
for any leases that may be issued as a
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result of a sale in the Chukchi Sea/Hope
Basin or Norton Basin. The MMS is
aware of the lack of infrastructure and
distance from shore to some of the
blocks in this area and will consider
these factors in designing any
incentives. The following are being
considered for use in this sale:
—Lease term of 10 years
—Submission of an exploration plan
within 8 years of lease issuance
—Economic incentives similar in form
to those contained in the Notice of
Sale for Beaufort Sea Sale 186 (68 FR
50549) and those proposed for
Beaufort Sea Sale 195 (69 FR 61402).
Incentives for Beaufort Sea Sale 186
were:
—Royalty suspension volumes for oil
production (with possible
consideration for gas)
—Reduced rental rates
—Lower minimum bid requirements
C. Relation to Coastal Management
Plans (CMPs). Comments also are sought
on potential conflicts with approved
local CMPs that may result from the
proposed sale and future OCS oil and
gas activities. These comments should
identify specific CMP policies of
concern, the nature of the conflicts
foreseen, and steps that MMS could take
to avoid or mitigate the potential
conflicts. Comments may be in terms of
broad areas or restricted to particular
blocks of concern. Commenters are
requested to list block numbers or
outline the subject area on the largescale Call map.
5. Use of Information From Call
Information submitted in response to
this Call will be used for several
purposes. We will use responses to:
—Determine whether to proceed with a
competitive oil and gas lease sale in
the Chukchi Sea/Hope Basin or
Norton Basin
—Identify specific areas of interest for
oil and/or gas exploration and
development
—Identify environmental effects and
potential use conflicts
—Assist in the public outreach for the
environmental analysis
—Develop possible alternatives to the
proposed action
—Develop lease terms and conditions/
mitigating measures
—Identify potential conflicts between
oil and gas activities and the Alaska
CMP
6. Existing Information
An extensive environmental, social,
and economic Studies program has been
underway in the Alaska OCS Region
since 1976, including studies in these
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areas. The emphasis has been on
geologic mapping, environmental
characterization of biologically sensitive
habitats, endangered whales and marine
mammals, physical oceanography,
ocean-circulation modeling, and
ecological and socio-cultural effects of
oil and gas activities.
The MMS has had two past sales in
the Chukchi Sea area. In May 1988, Sale
109 was held and resulted in 350 leases
being issued. In August 1991, Sale 126
was held and resulted in 28 leases being
issued. There were four exploratory
wells drilled, but all have been
permanently plugged and abandoned.
All 378 leases have since been
relinquished or expired. No lease sales
have been held in the Hope Basin area.
The MMS has had one past sale in the
Norton Basin area. In March 1983, Sale
57 was held and resulted in 59 leases
Oil and NGL (BBO)
being issued. There were six exploratory
wells drilled, but all have been
permanently plugged and abandoned.
All 59 leases have been relinquished or
expired. The Alaska OCS Region
document ‘‘Undiscovered Oil and Gas
Resources, Alaska Federal Offshore,
December 2000 Update’’
(www.mms.gov/alaska/re/uogr/
uogr.pdf), estimates the undiscovered
conventionally recoverable resources at:
Gas (TCFG)
BOE (BBO)
Area
MPhc
F95
CHUKCHI SHELF ..........................................
HOPE BASIN .................................................
NORTON BASIN ............................................
8.60
0.00
0.00
Mean
F05
F95
15.46
0.09
0.05
(NGL)
25.03
0.28
0.15
13.56
0.00
0.00
Mean
60.11
3.38
2.71
F05
F95
154.31
11.06
8.74
11.32
0.00
0.00
Mean
26.21
0.69
0.53
F05
49.60
2.25
1.70
1.00
0.61
0.72
BBO, billions of barrels of oil and natural gas liquids; TCFG, trillions of cubic feet; BOE, total oil and gas in billions of energy-equivalent barrels
(5,620 cubic feet of gas=1 energy-equivalent barrel of oil); reported MEAN, resource quantities at the mean in cumulative probability distributions;
F95, the resource quantity having a 95-percent probability of being met or exceeded; F05, the resource quantity having a 5-percent probability of
being met or exceeded; MPhc, marginal probability for hydrocarbons for basin, i.e., chance for the existence of at least one pool of undiscovered,
conventionally recoverable hydrocarbons somewhere in the basin. Resource quantities shown are risked, that is, they are the product of multiplication of conditional resources and Mphc. All liquid resources in Norton basin are natural gas liquids that would only be recovered by natural
gas production.
Information on the Studies program,
completed studies, and a program status
report for continuing studies in these
areas is available on the MMS Web site
at https://www.mms.gov/alaska, or may
be obtained from the Chief,
Environmental Studies Section, Alaska
OCS Region, by telephone request at
(907) 334–5230, or by written request at
the address stated under Description of
Area. A request may also be made via
the Alaska OCS Region Web site at
www.mms.gov/alaska/ref/pubindex/
pubsindex.htm.
7. Tentative Schedules
If MMS receives specific nominations
from industry in response to this Call
and decides to proceed with the pre-sale
process, the following is a list of
tentative milestone dates applicable to a
Chukchi Sea/Hope Basin and/or a
Norton Basin sale in 2006:
Tentative process milestones for proposed 2006
Chukchi Sea/Hope Basin
Sale and Norton Basin Sale
Call published/public outreach initiated ..........................................................................................................................
Comments due on Call ...................................................................................................................................................
Decision whether to proceed/Area Identification ............................................................................................................
NEPA analysis ................................................................................................................................................................
Consistency Determination/Proposed Notice of Sale ....................................................................................................
Governor’s Comments due .............................................................................................................................................
Final Notice of Sale published ........................................................................................................................................
Sale .................................................................................................................................................................................
If MMS determines that an EIS might be required, this scheduled may be lengthened by 6 months.
Approved: January 24, 2005.
R.M. ‘‘Johnnie’’ Burton,
Director, Minerals Management Service.
BILLING CODE 4310–MR–P
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February 2005.
May 2005.
June 2005.
February 2006.
May 2006.
July 2006.
August 2006.
September 2006.
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[FR Doc. 05–2523 Filed 2–8–05; 8:45 am]
BILLING CODE 4310–MR–C
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–505]
Certain Gun Barrels Used in Firearms
Training Systems; Notice of
Commission Issuance of a Limited
Exclusion Order and a Cease and
Desist Order Against a Respondent
Found in Default
International Trade
Commission.
ACTION: Notice.
AGENCY:
SUMMARY: Notice is hereby given that
the U.S. International Trade
Commission has issued a limited
exclusion order and a cease and desist
order against a respondent found in
default in the above-captioned
investigation.
FOR FURTHER INFORMATION CONTACT:
Michael K. Haldenstein, Esq., Office of
the General Counsel, U.S. International
Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
205–3041. 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 (https://www.usitc.gov).
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
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: This
patent-based section 337 investigation
was instituted by the Commission based
on a complaint filed by Beamhit, LLC,
and Safeshot, LLC, both of Columbia,
Maryland, and Safeshot, Inc., of New
York, New York. 69 FR 12346 (March
16, 2004). The complainants alleged
violations of section 337 in the
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
certain gun barrels used in firearms
training systems by reason of
infringement of claims 1, 2, 4, 5, 8, 15,
21, 22, and 26 of U.S. Patent No.
5,829,180 (‘‘180 patent’’) and claims 1–
VerDate jul<14>2003
16:49 Feb 08, 2005
Jkt 205001
3, 7, 9, 14–18, 20, 24, 27, 32, 33, 37–40,
44, 45, 49–51, and 54 of U.S. Patent No.
6,322,365 (‘‘the ‘365 patent’’). The
complaint named Widec S.A.
´
Decolletage (‘‘Widec’’), of Moutier,
Switzerland, AMI Corp. SA (‘‘AMI’’), of
Moutier, Switzerland, Crown
AirMunition Holding, of Hilversum,
The Netherlands, AirMunition
International Corp. of Hilversum, The
Netherlands, AirMunition Industries
S.A., of Belprahon-Moutier,
Switzerland, and AirMunition North
America, Inc., of Norcross, Georgia as
respondents.
On April 27, 2004, complainants filed
a motion, pursuant to Commission Rule
210.16, for an order to show cause and
entry of a default judgement against
Crown AirMunition Holding,
AirMunition International Corp., AMI
Corp. SA, and AirMunition North
America Inc. (collectively ‘‘the
AirMunition respondents’’). The
Commission investigative attorney
(‘‘IA’’) supported the motion. None of
the respondents responded to the
motion. On May 12, 2004, the
administrative law judge (‘‘ALJ’’) issued
Order No. 6, requiring the AirMunition
respondents to show cause why they
should not be held in default, having
not responded to either the complaint or
the notice of investigation. The
respondents did not respond to the
show cause order. On August 16, 2004,
complainants filed a motion for an order
finding the AirMunition respondents in
default due to the respondents’ failure
to respond to the ALJ’s show cause
order.
On September 21, 2004, the ALJ
issued an ID finding the AirMunition
respondents in default. Pursuant to
Commission Rule 210.16(b)(3), the ALJ
also found that the AirMunition
respondents had waived their right to
appear, be served with documents or
contest the allegations in the complaint.
No petitions for review of this ID were
filed. On October 12, 2004, the ALJ’s ID
became the Commission’s final
determination after the Commission
issued a notice indicating that it would
not review the ID. On October 12, 2004,
pursuant to Commission Rule of
Practice and Procedure 210.16(c)(1), 19
CFR 210.16(c)(1), complainants filed a
declaration seeking immediate entry of
relief against the AirMunition
respondents.
The complainants and the nondefaulting respondents, Widec and AMI,
filed a joint motion to terminate the
investigation as to Widec and AMI on
September 2, 2004. The joint motion
was based on a proposed consent order,
filed pursuant to a settlement agreement
and a limited license. The IA filed a
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
6909
response in support of the motion on
September 13, 2004. The ALJ issued an
initial determination (‘‘ID’’) on
September 21, 2004, terminating the
investigation as to Widec and AMI. No
petitions for review of this ID were filed.
On October 12, 2004, the Commission
issued a notice indicating that it would
not review the ID, thereby adopting the
ALJ’s ID as the Commission’s final
determination.
On November 10, 2004, the
Commission requested that the parties
brief the isssues of remedy, the public
interest, and bonding with respect to the
defaulting AirMunition respondents. On
November 22, 2004, complainants and
the IA submitted their main briefs, and
on December 1, 2004, the complainants
and the IA submitted reply briefs.
Complainants and the IA both
maintained that the appropriate remedy
is a limited exclusion order and a cease
and desist order.
The Commission found that each of
the statutory requirements of section
337(g)(1)(A)–(E), 19 U.S.C.
1337(g)(1)(A)–(E), has been met with
respect to the defaulting AirMunition
respondents. Accordingly, pursuant to
section 337(g)(1), 19 U.S.C. 1337(g)(1),
and Commission rule 210.16(c) 19 CFR
210.16(c), the Commission presumed
the facts alleged in the amended
complaint to be true.
The Commission determined that the
appropriate form of relief in this
investigation is a limited exclusion
order prohibiting the unlicensed entry
of certain gun barrels used in firearms
training systems by reason of
infringement of one or more of the
following claims: claims 1, 2, 4, 5, 8, 15,
21, 22, or 26 of the ‘180 patent or claims
1–3, 7, 9, 14–18, 20, 24, 27, 32, 33, 37–
40, 44, 45, 49–51, or 54 of the ‘365
patent. The order covers certain gun
barrels used in firearms training systems
that are manufactured abroad by or on
behalf of, or imported by or on behalf
of the AirMunition respondents or any
of their affiliated companies, parents,
subsidiaries, or other related business
entities, or their successors or assigns.
The Commission also determined to
issue a cease and desist order
prohibiting AirMunition North America
Inc. from importing, selling, marketing,
advertising, distributing, offering for
sale, transferring (except for
exportation), and soliciting U.S. agents
or distributors for certain gun barrels
covered by the above-mentioned claims
of the ‘180 patent and ‘365 patent. The
Commission further determined that the
public interest factors enumerated in
section 337(g)(1), 19 U.S.C. 1337(g)(1),
do not preclude issuance of the limited
exclusion order and cease and desist
E:\FR\FM\09FEN1.SGM
09FEN1
]]>Agencies
[Federal Register Volume 70, Number 26 (Wednesday, February 9, 2005)]
[Notices]
[Pages 6903-6909]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2523]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Minerals Management Service
Outer Continental Shelf (OCS), Alaska Region, Chukchi Sea/Hope
Basin and Norton Basin Planning Areas
AGENCY: Minerals Management Service (MMS), Interior.
ACTION: Call for information and nominations.
-----------------------------------------------------------------------
SUMMARY: The Secretary's decision to consider offering the Chukchi Sea/
Hope Basin Planning Area and the Norton Basin Planning Area in the OCS
Oil and Gas Leasing Program for 2002-2007 provides for an 18-month
``special-interest'' process beginning with
[[Page 6904]]
publication of this Call. Based on the information and specific
nominations received as a result of this Call, a decision will be made
whether to proceed with a sale for these separate planning areas. In
the past MMS has issued separate Calls for these areas; however,
because the areas are both ``special-interest areas'' and tentative
process milestones are the same, the decision was made to combine the
Calls.
DATES: Nominations and comments on the Call must be received on or
before May 10, 2005.
FOR FURTHER INFORMATION CONTACT: Please call Phyllis Casey at (907)
334-5272 or Steve Flippen at (907) 334-5268 in MMS's Alaska OCS Region
regarding questions on the Call.
SUPPLEMENTARY INFORMATION: The objective of this ``special-interest''
leasing option is to foster exploration in a frontier OCS area with
potential oil and gas resources, but due to high economic costs, may
have questionable industry interest. This allows us to offer the
option, but with minimal upfront time and effort required for holding a
typical lease sale. The general approach is to query industry regarding
the level of interest in proceeding with sales in the Chukchi Sea/Hope
Basin and the Norton Basin that would offer only very small, very
focused areas of specific interest for exploration and to request
nominations of such areas. The lease sales are being proposed to
provide opportunities for industry to pursue the high resource
potential of the Chukchi Sea area in conjunction with potential natural
gas resources that may extend into the adjacent Hope Basin area. The
Norton Basin may contain quantities of natural gas, which might be used
for western Alaska communities if economically feasible. Comments are
also being requested from the general public on this special-interest
leasing process, including the terms and conditions of the sales. The
MMS will consider all comments and nominations in the decisions on
whether and where within the Chukchi Sea/Hope Basin or Norton Basin to
proceed with leasing and on the terms and conditions of lease sale
proposals. A decision to offer a nominated area for leasing will be
conditioned on a commitment from industry to explore the area leased
within a specific time period. Any lease sale would be open
competitively to all qualified bidders.
This is the third Call issued for the Chukchi Sea/Hope Basin for
this 5-year program. The first two Calls were published in the Federal
Register on March 25, 2003, and January 30, 2004, respectively. No
interest was expressed for either Call; therefore, the process was
stopped and deferred to this year. If no interest is expressed in
response to this third Call, Sale 193 may be called again later this
year.
This is the fourth Call issued for the Norton Basin for this 5-year
program. The first three Calls were published in the Federal Register
on January 22, 2002, March 25, 2003, and January 30, 2004,
respectively. No interest was expressed for any of these Calls;
therefore, the process was stopped and deferred to this year. This is
the last Call scheduled to be issued for Norton Basin in this 5-year
program.
This Call does not indicate a preliminary decision to lease in the
areas described below. If the MMS decides to proceed with the sale
process, the MMS will make the final decision on the specific areas for
possible leasing at a later date in the presale process and in
compliance with the 5-year program and with applicable laws including
all requirements of the National Environmental Policy Act (NEPA) and
the OCS Lands Act (OCSLA). The MMS may adjust the dimensions of a
nominated area after discussions with the nominating company.
Call for Information and Nominations
1. Authority
This Call is published pursuant to the OCSLA, as amended (43 U.S.C.
1331-1356, [1994]), and the regulations issued thereunder (30 CFR part
256 and 30 CFR part 260); and in accordance with the OCS Oil and Gas
Leasing Program 2002 to 2007, approved June 27, 2002.
2. Purpose of Call
The purpose of the Call is to gather preliminary information, to
request nomination of specific areas of interest to industry, and to
request comments on the terms and conditions of offering these special-
interest lands. The Call also serves to initiate public outreach to
assist in preparation of the NEPA analysis for this proposal. This
proposal is in keeping with Sec. 102(9) of the OCSLA Amendments of
1978, which states as a purpose of the statute, ``* * * to insure that
the extent of oil and natural gas resources of the OCS is assessed at
the earliest practicable time.'' The objective of the ``special-
interest'' leasing process is to encourage exploration in a frontier
OCS area that might contain natural gas for potential use in local
communities, as well as oil to meet national energy needs. The sale
would offer for lease both oil and gas.
Comments, information, and nominations on oil and gas leasing,
exploration, and development and production within the Chukchi Sea/Hope
Basin and Norton Basin are sought from all interested parties. Comments
are also being sought on the terms, conditions, and economic incentives
of a sale in the Chukchi Sea/Hope Basin and Norton Basin. Industry and
other interested parties are strongly encouraged to contact the MMS,
Alaska OCS Region, Phyllis Casey at (907) 334-5272 or Steve Flippen at
(907) 334-5268, with questions or to discuss interest in these areas.
This early planning and consultation step is particularly important to
this special-interest lands process. The MMS will base its decision on
whether to proceed with the presale process and the terms and
conditions of a sale on the nominations and other information received
in response to this Call. This process will ensure a decision that
considers the concerns of all respondents in future decisions in this
leasing process pursuant to the OCSLA and regulations at 30 CFR part
256 and 30 CFR part 260. Commenters are also encouraged to submit
comments and suggestions on the ``special-interest'' leasing process in
general using this process.
This Call is being issued in accordance with the OCS Oil and Gas
Leasing Program 2002 to 2007, approved June 27, 2002. The program
offers two sales in the Chukchi Sea/Hope Basin during the 5-year
program. If no interest is expressed in response to this third Call,
Sale 193 will not be held for this 5-year program. However, a new Call
for the Chukchi Sea/Hope Basin for Sale 203 is scheduled to be issued
November 2005 with a tentative sale date in May 2007. No more than two
rounds of lease issuance in the Chukchi Sea/Hope Basin were to occur
during this 5-year program. This is the fourth Call issued for the
Norton Basin Program Area. The first three Calls were published in the
Federal Register on January 22, 2002, March 25, 2003, and January 30,
2004, respectively. No interest was expressed for any Call. This is the
last Call scheduled for the Norton Basin in this 5-year program.
3. Description of Areas
Chukchi Sea/Hope Basin: This area is located offshore the State of
Alaska in the Chukchi Sea, between Cape Krusenstern and Point Barrow.
The Chukchi Sea area consists of approximately 6,155 whole and partial
blocks (about 34 million acres). It extends offshore from about 10 to
approximately 200 miles in water depths from about 32 feet to
approximately 230 feet. A small portion
[[Page 6905]]
of the northeast corner of the area drops to approximately 3,000 feet.
The Hope Basin area consists of approximately 1,243 whole and partial
blocks (about 6\1/2\ million acres). It extends offshore from about 3
to approximately 110 miles in water depths from about 32 feet to
approximately 230 feet.
Norton Basin: This area is located offshore the State of Alaska in
the northern Bering Sea, west and south off the coast of the Seward
Peninsula. It consists of approximately 4,742 whole and partial blocks
(about 25 million acres). It extends offshore from about 3 to
approximately 320 miles in water depths from about 25 feet to
approximately 650 feet.
Page-size maps of the areas accompany this Notice. Large scale Call
maps showing the boundaries of the areas on a block-by-block basis are
available without charge from the Public Information Office at the
address given below, or by telephone request at (907) 334-5206 or 1-
800-764-2627. Copies of Official Protraction Diagrams (OPDs) are also
available at the following location: Alaska OCS Region, Minerals
Management Service, 3801 Centerpoint Drive, Suite 500, Anchorage,
Alaska 99503.
In addition, the OPDs are available on the MMS Web site at https://
www.mms.gov/ld/alaska.htm.
4. Instructions on Call
The Call for Information Maps and indications of interest and/or
comments must be submitted to the Regional Supervisor, Leasing and
Environment, at the above address.
The Call maps delineate the areas that are the subject of this
Call. Respondents are requested to indicate very specific areas of
interest in and comment on the Federal acreage within the boundaries of
the Call areas that they wish to have included in a proposed sale in
the Chukchi Sea/Hope Basin or Norton Basin.
If you wish to comment, you may submit your comments by any one of
the following methods:
You may mail comments to the Alaska OCS Region, Minerals
Management Service, 3801 Centerpoint Drive, Suite 500, Anchorage,
Alaska 99503, in envelopes labeled ``Attn: Comments on Call for
Information and Nominations for Proposed 2005 Lease Sale in Chukchi
Sea/Hope Basin.'' or ``Attn: Comments on Call for Information and
Nominations for Proposed 2005 Lease Sale in Norton Basin.'', as
appropriate.
You may fax your comments to MMS at (907) 334-5242.
You may also comment using Public Connect at: https://
ocsconnect.mms.gov/pcs-public.
Finally, you may hand-deliver comments weekdays between 8
am and 5 pm to the Alaska OCS Region, Minerals Management Service, 3801
Centerpoint Drive, Suite 500, Anchorage, Alaska 99503.
Please note that all comments need to identify which areas they pertain
to.
Our practice is to make comments, including names and addresses of
respondents, available for public review during regular business hours.
Individual respondents may request that we withhold their address from
the record, which we will honor to the extent allowable by law. Under
certain circumstances we can withhold a respondent's identity, as
allowable by law. If you wish us to withhold your name and/or address,
you must state this prominently at the beginning of your comment.
However, we will not consider anonymous comments. We will make all
submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public inspection in their entirety.
A. Areas of Interest to the Oil and Gas Industry. Industry must be
candid and very specific regarding the areas they nominate if this
process is to succeed. The purpose of this process is to identify and
offer only small-focused areas where industry has a significant
interest in exploration. Nominations covering large-scale areas will
not be helpful in defining these areas.
Nominations must be depicted on the Call maps by outlining the
area(s) of interest along block lines. Nominators are asked to submit a
list of whole and partial blocks nominated (by OPD and block number) to
facilitate correct interpretation of their nominations on the Call
maps. Although the identities of those submitting nominations become a
matter of public record, the individual nominations are proprietary
information. The telephone number and the name of a person to contact
in the nominator's organization for additional information should be
included in the response. This person will be contacted to set up a
mutually agreeable time and place for a meeting with the Alaska OCS
Regional Office to present their views regarding the company's
nominations.
B. Terms, Conditions, and Economic Incentives Pertaining to Lease
Issuance. Respondents are requested to comment on the terms,
conditions, and economic incentives pertaining to lease issuance for
any leases that may be issued as a result of a sale in the Chukchi Sea/
Hope Basin or Norton Basin. The MMS is aware of the lack of
infrastructure and distance from shore to some of the blocks in this
area and will consider these factors in designing any incentives. The
following are being considered for use in this sale:
--Lease term of 10 years
--Submission of an exploration plan within 8 years of lease issuance
--Economic incentives similar in form to those contained in the Notice
of Sale for Beaufort Sea Sale 186 (68 FR 50549) and those proposed for
Beaufort Sea Sale 195 (69 FR 61402). Incentives for Beaufort Sea Sale
186 were:
--Royalty suspension volumes for oil production (with possible
consideration for gas)
--Reduced rental rates
--Lower minimum bid requirements
C. Relation to Coastal Management Plans (CMPs). Comments also are
sought on potential conflicts with approved local CMPs that may result
from the proposed sale and future OCS oil and gas activities. These
comments should identify specific CMP policies of concern, the nature
of the conflicts foreseen, and steps that MMS could take to avoid or
mitigate the potential conflicts. Comments may be in terms of broad
areas or restricted to particular blocks of concern. Commenters are
requested to list block numbers or outline the subject area on the
large-scale Call map.
5. Use of Information From Call
Information submitted in response to this Call will be used for
several purposes. We will use responses to:
--Determine whether to proceed with a competitive oil and gas lease
sale in the Chukchi Sea/Hope Basin or Norton Basin
--Identify specific areas of interest for oil and/or gas exploration
and development
--Identify environmental effects and potential use conflicts
--Assist in the public outreach for the environmental analysis
--Develop possible alternatives to the proposed action
--Develop lease terms and conditions/mitigating measures
--Identify potential conflicts between oil and gas activities and the
Alaska CMP
6. Existing Information
An extensive environmental, social, and economic Studies program
has been underway in the Alaska OCS Region since 1976, including
studies in these
[[Page 6906]]
areas. The emphasis has been on geologic mapping, environmental
characterization of biologically sensitive habitats, endangered whales
and marine mammals, physical oceanography, ocean-circulation modeling,
and ecological and socio-cultural effects of oil and gas activities.
The MMS has had two past sales in the Chukchi Sea area. In May
1988, Sale 109 was held and resulted in 350 leases being issued. In
August 1991, Sale 126 was held and resulted in 28 leases being issued.
There were four exploratory wells drilled, but all have been
permanently plugged and abandoned. All 378 leases have since been
relinquished or expired. No lease sales have been held in the Hope
Basin area. The MMS has had one past sale in the Norton Basin area. In
March 1983, Sale 57 was held and resulted in 59 leases being issued.
There were six exploratory wells drilled, but all have been permanently
plugged and abandoned. All 59 leases have been relinquished or expired.
The Alaska OCS Region document ``Undiscovered Oil and Gas Resources,
Alaska Federal Offshore, December 2000 Update'' (www.mms.gov/alaska/re/
uogr/uogr.pdf), estimates the undiscovered conventionally recoverable
resources at:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Oil and NGL (BBO) Gas (TCFG) BOE (BBO)
Area ------------------------------------------------------------------------------------ MPhc
F95 Mean F05 F95 Mean F05 F95 Mean F05
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHUKCHI SHELF.............................................. 8.60 15.46 25.03 13.56 60.11 154.31 11.32 26.21 49.60 1.00
HOPE BASIN................................................. 0.00 0.09 0.28 0.00 3.38 11.06 0.00 0.69 2.25 0.61
NORTON BASIN............................................... 0.00 0.05 0.15 0.00 2.71 8.74 0.00 0.53 1.70 0.72
(NGL)
--------------------------------------------------------------------------------------------------------------------------------------------------------
BBO, billions of barrels of oil and natural gas liquids; TCFG, trillions of cubic feet; BOE, total oil and gas in billions of energy-equivalent barrels
(5,620 cubic feet of gas=1 energy-equivalent barrel of oil); reported MEAN, resource quantities at the mean in cumulative probability distributions;
F95, the resource quantity having a 95-percent probability of being met or exceeded; F05, the resource quantity having a 5-percent probability of
being met or exceeded; MPhc, marginal probability for hydrocarbons for basin, i.e., chance for the existence of at least one pool of undiscovered,
conventionally recoverable hydrocarbons somewhere in the basin. Resource quantities shown are risked, that is, they are the product of multiplication
of conditional resources and Mphc. All liquid resources in Norton basin are natural gas liquids that would only be recovered by natural gas
production.
Information on the Studies program, completed studies, and a
program status report for continuing studies in these areas is
available on the MMS Web site at https://www.mms.gov/alaska, or may be
obtained from the Chief, Environmental Studies Section, Alaska OCS
Region, by telephone request at (907) 334-5230, or by written request
at the address stated under Description of Area. A request may also be
made via the Alaska OCS Region Web site at www.mms.gov/alaska/ref/
pubindex/pubsindex.htm.
7. Tentative Schedules
If MMS receives specific nominations from industry in response to
this Call and decides to proceed with the pre-sale process, the
following is a list of tentative milestone dates applicable to a
Chukchi Sea/Hope Basin and/or a Norton Basin sale in 2006:
------------------------------------------------------------------------
Tentative process milestones for
proposed 2006 Chukchi Sea/Hope Basin
Sale and Norton Basin Sale
------------------------------------------------------------------------
Call published/public outreach February 2005.
initiated.
Comments due on Call............. May 2005.
Decision whether to proceed/Area June 2005.
Identification.
NEPA analysis.................... February 2006.
Consistency Determination/ May 2006.
Proposed Notice of Sale.
Governor's Comments due.......... July 2006.
Final Notice of Sale published... August 2006.
Sale............................. September 2006.
------------------------------------------------------------------------
If MMS determines that an EIS might be required, this scheduled may be
lengthened by 6 months.
Approved: January 24, 2005.
R.M. ``Johnnie'' Burton,
Director, Minerals Management Service.
BILLING CODE 4310-MR-P
[[Page 6907]]
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[[Page 6908]]
[GRAPHIC] [TIFF OMITTED] TN09FE05.015
[[Page 6909]]
[FR Doc. 05-2523 Filed 2-8-05; 8:45 am]
BILLING CODE 4310-MR-C
