Temporary Vehicle Restriction on U. S. Route 209, 30319-30320 [E9-15021]
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Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Notices
relates to surface operations on lands
within national forests west of the 100th
meridian. Neither of those exceptions
applies to the request now under
consideration.
The introductory paragraph of section
522(e) also provides two general
exceptions to the prohibitions on
surface coal mining operations in that
section. Those exceptions apply to
operations in existence on the date of
enactment of the Act (August 3, 1977)
and to land for which a person has VER.
SMCRA does not define VER. We
subsequently adopted regulations
defining VER and clarifying that, for
lands that come under the protection of
30 CFR 761.11 and section 522(e) after
the date of enactment of SMCRA, the
applicable date is the date that the lands
came under protection, not August 3,
1977.
On December 17, 1999 (64 FR 70766–
70838), we adopted a revised definition
of VER, established a process for
submission and review of requests for
VER determinations, and otherwise
modified the regulations implementing
section 522(e). At 30 CFR 761.16(a), we
published a table clarifying which
agency (OSM or the State regulatory
authority) is responsible for making VER
determinations and which definition
(State or Federal) will apply. That table
specifies that OSM is responsible for
VER determinations for Federal lands
within national forests and that the
Federal VER definition in 30 CFR 761.5
applies to those determinations.
At 30 CFR 761.16(b) we published the
information needed for OSM to make a
determination of VER, which includes
information required to demonstrate the
‘‘good faith/all permits’’ standard in
accordance with 30 CFR 761.16(b)(2) or
the ‘‘needed for and adjacent’’ standard
in accordance with 761.16(b)(3).
sroberts on PROD1PC70 with NOTICES
III. What Information Is Available
Relevant to the Basis for the Request?
The request included a Property
Rights Demonstration, as required by 30
CFR 761.16 (b)(1) pursuant to the
definition at 30 CFR 761.5. Included
were two deed conveyances referenced
in the Property Rights Demonstration,
containing a legal description of the
land owned by the petitioner that is the
subject of the request, and the
subsequent severance of the surface and
mineral estates.
IV. How We Processed the Request
We received the request on July 18,
2008, through a letter dated July 15,
2008, submitted by David Altizer on
behalf of Jack Smith et al. The request
did not include all of the information
required for the ‘‘good faith/all permits’’
VerDate Nov<24>2008
16:25 Jun 24, 2009
Jkt 217001
standard in accordance with 30 CFR
761.16(b)(2) or the ‘‘needed for and
adjacent’’ standard in accordance with
30 CFR 761.16(b)(3). Therefore, we
determined that the request was not
administratively complete. Because the
request was not administratively
complete, our review did not include an
assessment of the technical or legal
adequacy of the materials submitted
with the request.
In a letter dated August 13, 2008, we
informed the requester that the
information submitted was incomplete.
As required by 30 CFR 761.16(c)(2), we
provided an additional 30 days within
which to submit the required
information. No additional information
was submitted by the requester.
V. How We Made Our Decision
Because we did not receive any
further information in support of the
request, and we did not receive a
request for an extension of time within
which to submit additional information,
the request remains incomplete and
cannot be processed. In such a situation,
our regulations at 30 CFR 761.16(e)(4)
require us to issue a determination that
an applicant has not demonstrated VER.
This determination is made without
prejudice therefore the requester may
submit a revised request with the
appropriate information at any time.
VI. How Can I Appeal the
Determination?
Our determination that the applicant
has not demonstrated VER is subject to
administrative and judicial review
under the Federal regulations at 30 CFR
775.11 and 775.13.
VII. Where Are the Records of This
Determination Available?
Our records on this determination are
available for your inspection at the
Lexington Field Office at the location
listed under FOR FURTHER INFORMATION
CONTACT.
Dated: April 23, 2009.
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. E9–15000 Filed 6–24–09; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF THE INTERIOR
National Park Service
Temporary Vehicle Restriction on U. S.
Route 209
AGENCY: National Park Service,
Delaware Water Gap, National
Recreation Area.
PO 00000
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Fmt 4703
Sfmt 4703
30319
ACTION: Temporary Vehicle Restriction
on U.S. Route 209.
SUMMARY: The National Park Service
(NPS), Delaware Water Gap National
Recreation Area, in conjunction with
the Federal Highway Administration, is
repairing and reconstructing the
Bushkill Creek Bridge along U.S. Route
209. During the repair and
reconstruction period, Bushkill Creek
Bridge will be closed. A detour route is
available, but can only accommodate
vehicles with a gross vehicle weight
rating (GVWR) less than 15 tons. For
this reason, NPS is instituting a
temporary restriction of vehicles with a
GVWR in excess of 15 tons (30,000 lbs
GVWR) along U.S. Route 209 in the
park. This temporary restriction will be
in effect starting July 9, 2009 at 1800
hours and will remain in effect 24 hours
a day until July 27, 2009 at 1800 hours.
DATES: July 9, 2009 at 1800 through July
27, 2009 at 1800.
ADDRESSES: Requests for copies of, and
written comments on U.S. Route 209
closure should be sent to John J.
Donahue, Superintendent, Delaware
Water Gap, National Recreation Area,
River Road, Bushkill, PA 18324.
FOR FURTHER INFORMATION CONTACT: John
J. Donahue at (570) 426–2418.
SUPPLEMENTARY INFORMATION: The main
problems to be corrected on the Bushkill
Creek Bridge are moderate spalling
throughout the north pier bearing area
on both sides, which has partially
undermined several bearing plates.
Other problems being corrected are
deterioration of the wearing surface,
paint deterioration throughout the steel
beams, and rusting of the bearing
devices. Additionally, repairs are being
made to several large vertical cracks in
the abutment breastwalls, and large
quantities of gravel and debris in the
channel at the structure site. In the fall
of 2008, Delaware Water Gap National
Recreation Area maintenance employees
performed and completed the gravel
removal operation. In order to repair the
wearing surface, milling and removal of
2″ of the bridge deck is required and
needs to be replaced with new latex
concrete. The process for milling,
removal, and pouring of new latex
concrete is 4 days with an additional 14
days for the curing of the new latex
concrete, thus requiring the closure of
the bridge for 18 consecutive days.
During this time, vehicles with a GVWR
less than 15 tons may use the identified
detour route. Vehicles with a GVWR
greater than 15 tons will not be able to
use U.S. Route 209 in the park.
Public Availability of Comments: John
J. Donahue, Superintendent, Delaware
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30320
Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Notices
Water Gap, National Recreation Area,
River Road, Bushkill, PA 18324.
Dated: May 5, 2009.
John J. Donahue,
Superintendent, Delaware Water Gap,
National Recreation Area.
[FR Doc. E9–15021 Filed 6–24–09; 8:45 am]
BILLING CODE 4312–J6–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–565]
In the Matter of Certain Ink Cartridges
and Components Thereof
Consolidated Enforcement Proceeding
and Enforcement Proceeding II; Notice
of a Commission Determination Not To
Review an Enforcement Initial
Determination Finding a Violation of
Cease and Desist Orders and a
Consent Order; Schedule for Filing
Written Submissions on Civil Penalties
sroberts on PROD1PC70 with NOTICES
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 an enforcement initial
determination (‘‘EID’’) of the presiding
administrative law judge (‘‘ALJ’’) in the
above-captioned proceeding finding a
violation of cease and desist orders and
a consent order. The Commission is
requesting briefing on the amount of
civil penalties for violation of the
orders.
FOR FURTHER INFORMATION CONTACT:
Michael Haldenstein, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
205–3041. Copies of all nonconfidential
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
the matter can be obtained by contacting
the Commission’s TDD terminal on 202–
205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted the underlying
VerDate Nov<24>2008
16:25 Jun 24, 2009
Jkt 217001
investigation in this matter on March
23, 2006, based on a complaint filed by
Epson Portland, Inc. of Oregon; Epson
America, Inc. of California; and Seiko
Epson Corporation of Japan
(collectively, ‘‘Epson’’). 71 FR 14720
(March 23, 2006). The complaint, as
amended, alleged violations of section
337 of the Tariff Act of 1930 (‘‘section
337’’) in the importation into the United
States, the sale for importation, and the
sale within the United States after
importation of certain ink cartridges and
components thereof by reason of
infringement of claim 7 of U.S. Patent
No. 5,615,957; claims 18, 81, 93, 149,
164, and 165 of U.S. Patent No.
5,622,439; claims 83 and 84 of U.S.
Patent No. 5,158,377; claims 19 and 20
of U.S. Patent No. 5,221,148; claims 29,
31, 34, and 38 of U.S. Patent No.
5,156,472; claim 1 of U.S. Patent No.
5,488,401; claims 1–3 and 9 of U.S.
Patent No. 6,502,917; claims 1, 31, and
34 of U.S. Patent No. 6,550,902; claims
1, 10, and 14 of U.S. Patent No.
6,955,422; claim 1 of U.S. Patent No.
7,008,053; and claims 21, 45, 53, and 54
of U.S. Patent No. 7,011,397. The
complaint further alleged that an
industry in the United States exists as
required by subsection (a)(2) of section
337. The complainants requested that
the Commission issue a general
exclusion order and cease and desist
orders. The Commission named as
respondents 24 companies located in
China, Germany, Hong Kong, Korea, and
the United States. Several respondents
were terminated from the investigation
on the basis of settlement agreements or
consent orders or were found in default.
On October 19, 2007, after review of
the ALJ’s final ID, the Commission made
its final determination in the
investigation, finding a violation of
section 337. The Commission issued a
general exclusion order, a limited
exclusion order, and cease and desist
orders directed to several domestic
respondents. The Commission also
determined that the public interest
factors enumerated in 19 U.S.C. 1337(d),
(f), and (g) did not preclude issuance of
the aforementioned remedial orders,
and that the bond during the
Presidential period of review would be
$13.60 per cartridge for covered ink
cartridges. Certain respondents
appealed the Commission’s final
determination to the United States Court
of Appeals for the Federal Circuit
(‘‘Federal Circuit’’). On January 13,
2009, the Federal Circuit affirmed the
Commission’s final determination
without opinion pursuant to Fed. Cir. R.
36. Ninestar Technology Co. et al. v.
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
International Trade Commission,
Appeal No. 2008–1201.
On February 8, 2008, Epson filed two
complaints for enforcement of the
Commission’s orders pursuant to
Commission rule 210.75. Epson
proposed that the Commission name
five respondents as enforcement
respondents. On May 1, 2008, the
Commission determined that the criteria
for institution of enforcement
proceedings were satisfied and
instituted consolidated enforcement
proceedings, naming the five following
proposed respondents as enforcement
respondents: Ninestar Technology Co.,
Ltd.; Ninestar Technology Company,
Ltd.; Town Sky Inc. (collectively, the
‘‘Ninestar Respondents’’), as well as
Mipo America Ltd. (‘‘Mipo America’’)
and Mipo International, Ltd
(collectively, the ‘‘Mipo Respondents’’).
On March 18, 2008, Epson filed a third
enforcement complaint against two
proposed respondents: Ribbon Tree
USA, Inc. (dba Cana-Pacific Ribbons)
and Apex Distributing Inc. (collectively,
the ‘‘Apex Respondents’’). On June 23,
2008, the Commission determined that
the criteria for institution of
enforcement proceedings were satisfied
and instituted another formal
enforcement proceeding and named the
two proposed respondents as the
enforcement respondents. On
September 18, 2008, the ALJ issued
Order No. 37, consolidating the two
proceedings.
On April 17, 2009, the ALJ issued his
Enforcement Initial Determination (EID)
in which he determined that there have
been violations of the Commission’s
cease and desist orders and a consent
order and recommended that the
Commission impose civil penalties for
such violations.
On April 29, 2009, the Ninestar
Respondents filed a petition for review
of the EID. On May 7, 2009, Epson and
the Commission investigative attorney
filed responses to the petition for
review.
Having considered the EID, the
petition for review, the responses
thereto, and other relevant portions of
the record, the Commission has
determined not to review the EID. The
Commission may levy civil penalties for
violation of the cease and desist orders
and consent order.
Written Submissions: Parties to the
investigation, interested government
agencies, and any other interested
parties are encouraged to file written
submissions on the amount of civil
penalties to be imposed. Such
submissions should address the April
17, 2009, recommended determination
by the ALJ on civil penalties. The
E:\FR\FM\25JNN1.SGM
25JNN1
]]>Agencies
[Federal Register Volume 74, Number 121 (Thursday, June 25, 2009)]
[Notices]
[Pages 30319-30320]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15021]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Park Service
Temporary Vehicle Restriction on U. S. Route 209
AGENCY: National Park Service, Delaware Water Gap, National Recreation
Area.
ACTION: Temporary Vehicle Restriction on U.S. Route 209.
-----------------------------------------------------------------------
SUMMARY: The National Park Service (NPS), Delaware Water Gap National
Recreation Area, in conjunction with the Federal Highway
Administration, is repairing and reconstructing the Bushkill Creek
Bridge along U.S. Route 209. During the repair and reconstruction
period, Bushkill Creek Bridge will be closed. A detour route is
available, but can only accommodate vehicles with a gross vehicle
weight rating (GVWR) less than 15 tons. For this reason, NPS is
instituting a temporary restriction of vehicles with a GVWR in excess
of 15 tons (30,000 lbs GVWR) along U.S. Route 209 in the park. This
temporary restriction will be in effect starting July 9, 2009 at 1800
hours and will remain in effect 24 hours a day until July 27, 2009 at
1800 hours.
DATES: July 9, 2009 at 1800 through July 27, 2009 at 1800.
ADDRESSES: Requests for copies of, and written comments on U.S. Route
209 closure should be sent to John J. Donahue, Superintendent, Delaware
Water Gap, National Recreation Area, River Road, Bushkill, PA 18324.
FOR FURTHER INFORMATION CONTACT: John J. Donahue at (570) 426-2418.
SUPPLEMENTARY INFORMATION: The main problems to be corrected on the
Bushkill Creek Bridge are moderate spalling throughout the north pier
bearing area on both sides, which has partially undermined several
bearing plates. Other problems being corrected are deterioration of the
wearing surface, paint deterioration throughout the steel beams, and
rusting of the bearing devices. Additionally, repairs are being made to
several large vertical cracks in the abutment breastwalls, and large
quantities of gravel and debris in the channel at the structure site.
In the fall of 2008, Delaware Water Gap National Recreation Area
maintenance employees performed and completed the gravel removal
operation. In order to repair the wearing surface, milling and removal
of 2'' of the bridge deck is required and needs to be replaced with new
latex concrete. The process for milling, removal, and pouring of new
latex concrete is 4 days with an additional 14 days for the curing of
the new latex concrete, thus requiring the closure of the bridge for 18
consecutive days. During this time, vehicles with a GVWR less than 15
tons may use the identified detour route. Vehicles with a GVWR greater
than 15 tons will not be able to use U.S. Route 209 in the park.
Public Availability of Comments: John J. Donahue, Superintendent,
Delaware
[[Page 30320]]
Water Gap, National Recreation Area, River Road, Bushkill, PA 18324.
Dated: May 5, 2009.
John J. Donahue,
Superintendent, Delaware Water Gap, National Recreation Area.
[FR Doc. E9-15021 Filed 6-24-09; 8:45 am]
BILLING CODE 4312-J6-P
