Notices. Request for applications

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4140-01-P DEPARTMENT OF HOMELAND SECURITY Coast Guard [USCG-2007-0156] Towing Safety Advisory Committee; Vacancies AGENCY: Coast Guard, DHS. ACTION: Request for applications. SUMMARY: The Coast Guard seeks applications for membership on the Towing Safety Advisory Committee (TSAC). TSAC advises the Coast Guard on matters relating to shallow-draft inland and coastal waterway navigation and towing safety. DATES: Application forms should reach the Coast Guard on or before February 15, 2008.

ADDRESSES: Application forms are available for download on the Advisory Committee's Web site at *http://homeport.uscg.mil/tsac* ; look for “ACM” (Application for Committee Membership) under “General Information.” You may also request that an application form be e-mailed or sent to you by writing to Commandant (CG-5221/TSAC); U.S. Coast Guard, Room 1210; 2100 Second Street SW.; Washington, DC 20593-0001; by calling 202-372-1401; or by e-mail to *Gerald.P.Miante@uscg.mil* . Send your original completed and signed application in written form to the above street address.

Be sure to sign and include the short page that allows us to keep political affiliation on file. In addition to your “HOME ADDRESS,” please include your e-mail address in that block. Also, in addition to your phone number, please indicate your fax number in the “TELEPHONE” block. This notice is available on the Internet at *http://www.Regulations.gov* in docket USCG-2007-0156. FOR FURTHER INFORMATION CONTACT: Mr. Gerald Miante; Assistant Executive Director of TSAC, telephone 202-372-1407, fax 202-372-1926, or e-mail *Gerald.P.Miante@uscg.mil* .

SUPPLEMENTARY INFORMATION: The Towing Safety Advisory Committee

(TSAC)is a Federal advisory committee mandated by Congress and operates under 5 U.S.C. App. (Pub. L. 92-463). It advises the Secretary of Homeland Security on matters relating to shallow-draft inland and coastal waterway navigation and towing safety. This advice also assists the Coast Guard in formulating the position of the United States in advance of meetings of the International Maritime Organization. TSAC meets at least once a year at Coast Guard Headquarters, Washington, DC, or another location selected by the Coast Guard. It may also meet for extraordinary purposes. Its Subcommittees and working groups may meet to consider specific issues as required. The 16-person membership includes 7 representatives of the Barge and Towing Industry (reflecting a regional geographical balance); 1 member from the Offshore Mineral and Oil Supply Vessel Industry; and 2 members from each of the following areas: Maritime Labor; Shippers (of whom at least one shall be engaged in the shipment of oil or hazardous materials by barge); Port Districts, Authorities, or Terminal Operators; and the General Public. The Coast Guard is currently considering applications for two positions from the Barge and Towing Industry, one position from Port Districts, Authorities, or Terminal Operators; one position from Maritime Labor; and one position from the General Public. To be eligible, applicants should have particular expertise, knowledge, and experience relative to the position in towing operations, marine transportation, or business operations associated with shallow-draft inland and coastal waterway navigation and towing safety. Each member serves for a three-year term. A few members may serve consecutive terms. All members serve at their own expense and receive no salary, reimbursement of travel expenses, or other compensation from the Federal Government. Members of TSAC selected from the General Public will be appointed and serve as Special Government Employees

(SGE)as defined in section 202(a) of title 18, United States Code (18 U.S.C.). As a candidate for appointment as an SGE, applicants are required to complete a Confidential Financial Disclosure Report

(CFDR)on Office of Government Ethics Form 450 (OGE Form 450). OGE Form 450s are not releasable to the public except under an order issued by a Federal court or as otherwise provided under the Privacy Act (5 U.S.C. 552a). Only the Designated Agency Ethics Official

(DAEO)or his designate may release a Confidential Financial Disclosure Report. When filling in the “Name of Committee you are interested in” block, please indicate “TSAC” followed by the position category (e.g., Barge and Towing, Maritime Labor, Port Districts, Authorities, or Terminal Operators, or Public) for which you are applying. In support of the policy of the Department of Homeland Security on gender and ethnic diversity, the Coast Guard encourages qualified women and members of minority groups to apply. Dated: December 19, 2007. J.G. Lantz, Director, Commercial Regulations and Standards. [FR Doc. E7-25309 Filed 12-28-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5030-FA-31] Notice of Funding Awards; Resident Opportunities and Self-Sufficiency Family and Homeownership Program for Fiscal Year 2006 AGENCY: Office of Public and Indian Housing, HUD. ACTION: Announcement of funding awards. SUMMARY: In accordance with Section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989, this announcement notifies the public of funding decisions made by the Department for funding under the FY 2006 Notice of Funding Availability

(NOFA)for the Resident Opportunities and Self-Sufficiency Family and Homeownership Program funding for Fiscal Year 2006. This announcement contains the consolidated names and addresses of those award recipients selected for funding based on the rating and ranking of all applications. FOR FURTHER INFORMATION CONTACT: For questions concerning the FY 2006 ROSS Family and Homeownership awards, contact the Office of Public and Indian Housing's Grants Management Center, Director, Iredia Hutchinson, Department of Housing and Urban Development, Washington, DC, telephone

(202)402-0221. For the hearing or speech impaired, these numbers may be accessed via TTY (text telephone) by calling the Federal Information Relay Service at

(800)877-8339. (Other than the “800” TTY number, these telephone numbers are not toll-free.) SUPPLEMENTARY INFORMATION: The authority for the $18,000,000 in four-year budget authority for ROSS Family and Homeownership program coordinators is found in the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, FY2006 (Pub. L. 109-115). The allocation of housing assistance budget authority is pursuant to the provisions of 24 CFR part 791, subpart D, implementing section 213

(d)of the Housing and Community Development Act of 1974, as amended. Additionally, unobligated funds were added to the $18,000,000. This program is intended to promote the development of local strategies to coordinate the use of assistance under the ROSS program with public and private resources to enable participating families to achieve economic independence and self-sufficiency. A Public and Indian Housing Program Coordinator assures that program participants are linked to the supportive services they need to achieve self-sufficiency. The Fiscal Year 2006 awards announced in this Notice were selected for funding in a competition announced in a **Federal Register** NOFA published on March 8, 2006 (71 FR 3382). Applications were scored based on the selection criteria in that Notice and funding selections made based on the rating and ranking of applications within each state. In accordance with Section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989 (103 Stat. 1987, 42 U.S.C. 3545), the Department is publishing the names, addresses, and amounts of the 105 awards made under the ROSS Family and Homeownership Program competition. Dated: December 10, 2007. Orlando J. Cabrera, Assistant Secretary for Public and Indian Housing. Appendix A.—Fiscal Year 2006 Funding Awards for the Ross Family Homeownership Program Recipient Address City State Zip code Amount Mobile Housing Board 151 South Claiborne Street Mobile AL 36602 $500,000 Prichard Housing Authority 4559 St. Stephens Road Eight Mile AL 36613 250,000 Tuscaloosa Housing Authority 2808 10th Avenue Tuscaloosa AL 35403 350,000 Housing Authority of Lonoke County P.O. Box 74, 617 North Greenlaw Street Carlisle AR 72024 249,990 City of Phoenix Housing Department 251 West Washington, 4th Floor Phoenix AZ 85003 350,000 Big Pine Paiute Tribe 825 South Main Street Big Pine CA 93513 146,868 Housing Authority of the City of Oxnard 435 South D Street Oxnard CA 93030 250,000 Housing Authority of the County of Kern 601-24th Street Bakersfield CA 93301 150,000 Housing Authority of the County of Riverside 5555 Arlington Avenue Riverside CA 92504 150,000 Housing Authority of the County of San Bernardino 715 East Brier Drive San Bernardino CA 92408-2841 350,000 San Diego Housing Commission 1625 Newton Avenue San Diego CA 92113 350,000 Housing Authority of the City & County of Denver 777 Grant Street Denver CO 80203 500,000 Housing Authority of the City of Bridgeport 150 Highland Avenue Bridgeport CT 06604 350,000 Housing Authority of the City of Hartford 180 Overlook Terrace Hartford CT 06106 249,000 Meriden Housing Authority 22 Church Street Meriden CT 06451 250,000 The Housing Authority of the City of Norwalk 24 1/2 Monroe Street Norwalk CT 06856-0508 250,000 Wilmington Housing Authority 400 Walnut Street Wilmington DE 19801 349,463 Housing Authority of the City of Fort Myers 4224 Michigan Fort Myers FL 33916 250,000 Housing Authority of the City of Orlando, Florida 24 Fanfair Avenue Orlando FL 32811 345,081 Housing Authority of the City of Sarasota 1300 Boulevard of the Arts Sarasota FL 34236 150,000 Jacksonville Housing Authority 1300 Broad Street Jacksonville FL 32202 350,000 Carrollton Housing Authority 1 Roop Street Carrollton GA 30117 250,000 Housing Authority of Columbus, Georgia P.O. Box 630, 1000 Wynnton Road Columbus GA 31902-0630 350,000 Coeur D'alene Tribal Housing Authority 1005 8th Street Plummer ID 83851 250,000 Decatur Housing Authority 1808 East Locust Street Decatur IL 62521 250,000 Rockford Housing Authority 223 South Winnebago Street Rockford IL 61102 350,000 The Housing Authority of the City of Bloomington 104 East Wood Street Bloomington IL 61701 250,000 Housing Authority of the City of Fort Wayne, Indiana P.O. Box 13489, 2013 South Anthony Boulevard Fort Wayne IN 46803 126,821 Indianapolis Housing Agency 1919 North Meridian Street Indianapolis IN 46202-1303 350,000 Lawrence-Douglas County Housing Authority 1600 Haskell Avenue Lawrence KS 66044 250,000 Salina Housing Authority 469 South 5th Street Salina KS 67401 72,081 Housing Authority of Martin 110 Raymond Griffith Drive, #1101 Martin KY 41649 150,000 Housing Authority of Owensboro 2161 East 19th Street Owensboro KY 42303 150,000 Housing Authority of Somerset P.O. Box 449 Somerset KY 42502-0449 150,000 Louisville Metro Housing Authority 420 South Eighth Street Louisville KY 40203 500,000 Cambridge Housing Authority 675 Massachusetts Avenue Cambridge MA 1776 350,000 Commonwealth Tenants Association 35 Fidelis Way Brighton MA 2135 98,925 Lynn Housing Authority & Neighborhood Development 10 Church Street Lynn MA 1902 250,000 Springfield Housing Authority 25 Saab Court Springfield MA 1104 150,000 Housing Authority of Baltimore City 417 East Fayette Street Baltimore MD 21202 814,191 Housing Opportunities Commission of Montgomery County 10400 Detrick Avenue Kensington MD 20895 350,000 Keweenaw Bay Ojibwa Housing Authority HC 1, Box 486E L'Anse MI 49946 149,953 Pontiac Housing Commission 132 Franklin Boulevard Pontiac MI 48341 150,000 Housing Authority of Kansas City, Missouri 301 East Armour Kansas City MO 64110 349,990 Housing Authority of St. Louis County 8865 Natural Bridge Road St. Louis MO 63121 150,000 Housing Authority of the City of Independence, MO 210 South Pleasant Independence MO 64050 249,652 St. Louis Housing Authority 4100 Lindell Boulevard St. Louis MO 63108 350,000 Charlotte Housing Authority 1301 South Boulevard Charlotte NC 28203 500,000 Greensboro Housing Authority P.O. Box 21287, 450 North Church Street Greensboro NC 27420 350,000 Housing Authority of the City of Asheville, NC P.O. Box 1898, 165 South French Broad Avenue Asheville NC 28801 350,000 Housing Authority of the City of High Point 500 East Russell Avenue High Point NC 27261 350,000 Housing Authority of the City of Omaha 540 South 27th Street Omaha NE 68105 246,177 Atlantic City Housing Authority P.O. Box 1258, 227 North Vermont Avenue, 17th Floor Atlantic City NJ 08401 250,000 Housing Authority of the City of Camden 1300 Admiral Wilson Boulevard Camden NJ 08102 293,780 Housing Authority of the Township of Woodbridge 20 Bunns Lane Woodbridge NJ 07095 250,000 Housing Authority of the City of Las Vegas 340 North 11th Street Las Vegas NV 89101 350,000 Binghamton Housing Authority 35 Exchange Street Binghamton NY 13902 250,000 Municipal Housing Authority of the City of Schenectady 375 Broadway Schenectady NY 12305 249,999 New York Agency for Community Affairs 2-4 Nevins Street, 2nd Floor Brooklyn NY 11217 249,894 New York City Housing Authority 250 Broadway New York NY 10007 986,646 Rochester Housing Authority 675 West Main Street Rochester NY 14611 350,000 Syracuse Housing Authority 516 Burt Street Syracuse NY 13202 349,863 White Plains Housing Authority 223 Dr. Martin Luther King, Jr. Boulevard White Plains NY 10601 250,000 Portage Metropolitan Housing Authority 2832 State Route 59 Ravenna OH 44266 250,000 Warren Metropolitan Housing Authority 990 East Ridge Drive Lebanon OH 45036 129,720 Youngstown Metropolitan Housing Authority 131 West Boardman Street Youngstown OH 44503 250,000 Housing Authority of the City of Muskogee 220 North 40th Street Muskogee OK 74401 150,000 Housing Authority of the City of Shawnee, OK P.O. Box 3427, 601 West 7th Street Shawnee OK 74802-3427 214,837 Housing Authority of the City of Tulsa P.O. Box 6369, 415 East Independence Street Tulsa OK 74148-0369 348,607 Housing Authority of Clackamas County 13930 South Gain Street Oregon City OR 97045 250,000 Allegheny County Housing Authority 625 Stanwix Street, 12th Floor Pittsburgh PA 15222 350,000 Housing Authority of the City of Columbia, SC 1917 Harden Street Columbia SC 29229 250,000 Housing Authority of the City of Spartanburg P.O. Box 2828 Spartanburg SC 29304 268,154 North Charleston Housing Authority 2170 Ashley Phosphate Road, Suite 700 North Charleston SC 29406 250,000 Oglala Sioux Tribe Partnership for Housing P.O. Box 3001 (Old Amublance Building) Pine Ridge SD 57770 125,000 Kingsport Housing & Redevelopment Authority P.O. Box 44 Kingsport TN 37662 249,041 Memphis Housing Authority 700 Adams Avenue Memphis TN 38105 350,000 ACORN Institute 5353 Maple, Suite 200 Dallas TX 75235-8411 179,916 ACORN Institute 5353 Maple, #200 Dallas TX 75235 124,915 ACORN Institute 5353 Maple, #200 Dallas TX 75235-8411 124,693 City of San Marcos Housing Authority 1201 Thorpe Lane San Marcos TX 78666 250,000 Housing Authority of the City of Austin 1124 South IH-35 Austin TX 78704 348,122 Housing Authority of the City of Beaumont 1890 Laurel Beaumont TX 77701 250,000 Housing Authority of the City of El Paso 5300 Paisano Drive El Paso TX 79905 500,000 The Housing Authority of Galveston, Texas 4700 Broadway Galveston TX 77550 250,000 The Housing Authority of the City of Dallas, Texas

(DHA)3939 North Hampton Road Dallas TX 75212 500,000 Housing Authority of Salt Lake City 1776 South West Temple Salt Lake City UT 84115 250,000 Chesapeake Redevelopment and Housing Authority 1468 South Military Highway Chesapeake VA 23320 149,335 Danville Redevelopment and Housing Authority 651 Cardinal Place Danville VA 24541 250,000 Fairfax County Redevelopment and Housing Authority 3700 Pender Drive, Suite 300 Fairfax VA 22030 250,000 Franklin Redevelopment & Housing Authority 601 Campbell Avenue Franklin VA 23851 150,000 Norfolk Redevelopment and Housing Authority 201 Granby Street Norfolk VA 23510 500,000 Pleasant View Tenant Association, Inc 101 Pleasant View Avenue Danville VA 24541 125,000 Portsmouth Redevelopment & Housing Authority 801 Water Street, 2nd Floor Portsmouth VA 23704 250,000 Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike Roanoke VA 24153 350,000 Urban League of Greater Richmond, Inc 511 Grace Richmond VA 23220 375,000 Waynesboro Redevelopment and Housing Authority P.O. Box 1138, 1700 New Hope Road Waynesboro VA 22980 250,000 Burlington Housing Authority 65 Main Street Burlington VT 5401 249,798 Hopelink P.O. Box #3577, 16225 Northeast 87th Street, Suite A-1 Redmond WA 98052 125,000 Housing Authority of the City of Tacoma 902 South L Street Tacoma WA 98405 350,000 Housing Authority of the City of Vancouver 2500 Main Street Vancouver WA 98660 250,000 King County Housing Authority 600 Andover Park West Tukwila WA 98188 250,000 The Housing Authority of the City of Everett 3107 Colby Avenue Everett WA 98201 250,000 Ho-Chunk Housing and Community Development Agency 1116 Monowau Tomah WI 54660 150,000 Housing Authority of the City of Milwaukee 809 North Broadway Milwaukee WI 53202 350,000 [FR Doc. E7-25420 Filed 12-28-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Notice of Availability of a Draft Environmental Assessment / Habitat Conservation Plan and Receipt of Application for Issuance of a Permit for Incidental Take of the Golden-Cheeked Warbler and Five Karst Invertebrates During the Construction and Operation of a Residential, Commercial, and/or Retail Development on Portions of the Approximately 70-acre GDF Property in Austin, Travis County, TX AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability. SUMMARY: GDF Realty Investments, Ltd., and Purcell Investments, L.P., (Applicants) have applied for an incidental take permit (TE-171255) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended

(Act)for the golden-cheeked warbler ( *Dendroica chrysoparia* ) and five karst invertebrates: Tooth Cave spider ( *Neoleptoneta myopica* ), Bone Cave harvestman (Texella reyesi), Tooth Cave pseudoscorpion ( *Tartarocreagris texana* ), Kretschmarr Cave mold beetle ( *Texamaurops reddelli* ), and Tooth Cave ground beetle ( *Rhadine persephone* ). The proposed take would occur as the result of construction and operation of a residential, commercial, and/or retail development with associated streets and utilities on portions of the approximately 70-acre GDF property in Austin, Travis County, Texas. DATES: To ensure consideration, written comments must be received on or before February 29, 2008. ADDRESSES: Persons wishing to review the Environmental Assessment and Habitat Conservation Plan (EA/HCP) may obtain a copy by written or telephone request to Cyndee Watson, U.S. Fish and Wildlife Service (Service), 10711 Burnet Road, Suite 200, Austin, Texas 78758, (512/490-0057 ext. 223), or on the Web at *http://www.fws.gov/southwest/es/austintexas/* . Documents will be available for public inspection by written request, or by appointment only during normal business hours (8 a.m. to 4:30 p.m.) at the U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, Texas. Comments concerning the issuance of this permit should be submitted in writing to the Field Supervisor, Adam Zerrenner, at the above address. Please refer to permit number TE-171255-0 when submitting comments. Public Availability of Comments Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that 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. FOR FUTHER INFORMATION CONTACT: Adam Zerrenner at the U.S. Fish and Wildlife Service Austin Office, 10711 Burnet Road, Suite 200, Austin, Texas 78758, (512/490-0057 ext. 248), or *Adam_Zerrenner@fws.gov* . SUPPLEMENTARY INFORMATION: Section 9 of the Endangered Species Act of 1973, as amended

(Act)prohibits the “taking” of endangered species. However, the Service, under limited circumstances, may issue permits to take endangered wildlife species incidental to, and not the purpose of, otherwise lawful activities. Regulations governing permits for endangered species are at 50 CFR 17.22. This notice is provided pursuant to section 10(c) of the Endangered Species Act and National Environmental Policy Act regulations (40 CFR 1506.6). The Service has prepared the EA/HCP for the incidental take application. A determination of jeopardy or non-jeopardy to the species and a decision pursuant to the National Environmental Policy Act

(NEPA)will not be made until at least 60 days from the date of publication of this notice. This notice is provided pursuant to Section 10(c) of the Act and National Environmental Policy Act regulations (40 CFR 1506.6). *Applicant:* GDF Realty Investments, Ltd. (Mr. R. James George) and Purcell Investments, L.P. (Dr. Fred Purcell) own approximately 70 acres, a portion of which is proposed for residential, commercial and/or retail development. These 70 acres are divided into two separate tracts and are located near the northwest corner of Ranch Road 620 and Ranch Road 2222, on the northwest side of Austin, Travis County. Six federally-listed endangered species have been documented as occurring on portions of the 70-acre property. These species are identified above. [?USGPO Galley End:?] Under the Proposed Alternative, the Service has included an option that includes on-site and off-site mitigation for impacts to the golden-cheeked warbler and karst invertebrates. The Proposed Alternative includes the issuance of a permit under section 10(a)(1)(B) of the Act to authorize incidental take of the species listed above during the construction and operation of a residential, commercial, and/or retail development with attendant roads and utilities on portions of the 70-acre property. The proposed action on the 70-acre property includes a development area of approximately 40.2 acres, an on-site preserve (mitigation) of approximately 7 acres, and sale of approximately 22.7 acres to Travis County or other similar entity to be protected and managed as part of the Balcones Canyonlands Preserve (BCP). Under the Proposed Alternative, the Applicants will provide (fee simple or conservation easement) the on-site mitigation land. It will be combined with a separate on-site 22.7-acre acquisition and will be preserved and managed as part of the BCP in perpetuity. The proposed preserve (on-site mitigation land and 22.7-acre acquisition) was designed to include most of the on-site area known to be occupied by the golden-cheeked warbler. With respect to the five federally-listed karst invertebrates, the preserve was designed and configured to incorporate the remaining suite of biotic and abiotic factors needed to promote the integrity of fully-functioning karst ecosystems on which the endangered invertebrates depend. The Habitat Conservation Plan

(HCP)as part of the Proposed Alternative would substantially avoid impacts to the golden-cheeked warbler and five federally-listed karst invertebrates listed above. Impacts that cannot be avoided would be minimized and mitigated to the maximum extent practicable. The draft EA/HCP describes the impacts that would likely result to the affected species (the take); what steps the Applicants would take to avoid, minimize, and mitigate such impacts; the funding that would be made available to implement those steps; the alternative actions; and the options available within them. Two other alternatives included in the EA/HCP are the “no action” alternative and the “past development alternatives considered.” The “no action” alternative assumes that the proposed development does not occur, and that no application for an incidental take permit is processed. The “past development alternatives considered” pertain to larger and smaller development areas that were discussed. In accordance with the Act, and 50 CFR 17.22, in December 1997 the Applicants applied for seven section 10(a)(1)(B) incidental take permits (PRT-838754, PRT-841088, PRT-841090, PRT-841093, PRT-841117, PRT-841120, and PRT-841125), covering approximately 216 acres known as the Hart Triangle (former entire tract), Travis County, Texas. These permits would have allowed for take of the affected species associated with construction, operation, and occupation of residential and commercial development along with streets, utilities, and other improvements and facilities. However, the Service concluded that the seven HCPs would not have avoided, minimized, and mitigated for the potential impacts to the affected species to the maximum extent practicable. Therefore, because of this and other inadequacies in the applications, the Service denied all seven applications. Subsequently, the Applicants filed suit against the Service claiming it had “taken” their property under the 5th Amendment. The plaintiffs and the Service agreed to enter mediation beginning in October 1999. After further HCP negotiations, the Service prepared a draft EA/HCP for development of portions of the 216-acre Hart Triangle. The draft EA/HCP was noticed in the **Federal Register** on June 02, 2000, but was never accepted by the Applicants, and therefore never finalized. The permit (TE-027690) was never issued. Since the June 2000 **Federal Register** Notice, approximately 146 acres of the former 216-acre Hart Triangle have been sold and/or transferred to Travis County and are managed as part of the BCP. The incidental take permit application under consideration is for the remaining 70 acres. Christopher T. Jones, Acting Regional Director, Southwest Region, Albuquerque, New Mexico. [FR Doc. E7-25381 Filed 12-28-07; 8:45 am] BILLING CODE 4510-55-P [?USGPO Galley End:?] DEPARTMENT OF THE INTERIOR Bureau of Land Management [AK-910-08-1739-NSSI] Notice of Public Meeting, North Slope Science Initiative, Science Technical Advisory Panel AGENCY: Bureau of Land Management, Alaska State Office, North Slope Science Initiative, Interior. ACTION: Notice of public meeting. SUMMARY: In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, North Slope Science Initiative

(NSSI)Science Technical Advisory Panel

(STAP)will meet as indicated below: DATES: The meeting will be held February 6 and 7, 2008, in Fairbanks, Alaska. On February 6, 2008, the meeting will begin at 9 a.m. at the University of Alaska Fairbanks International Arctic Research Center, Room 401. Public comments will begin at 3 p.m. On February 7, 2008, the meeting will begin at 8:30 a.m. at the same location. FOR FURTHER INFORMATION CONTACT: John F. Payne, Ph.D., Executive Director, North Slope Science Initiative (910), c/o Bureau of Land Management, 222 W. Seventh Avenue, #13, Anchorage, AK 99513,

(907)271-3431 or e-mail *john_f_payne@blm.gov* . SUPPLEMENTARY INFORMATION: The NSSI, STAP provides advice and recommendations to the NSSI Oversight Group

(OG)regarding priority needs for management decisions across the North Slope of Alaska. These priority needs may include recommendations on inventory, monitoring, and research activities that lead to informed land management decisions. The topics to be discussed at the meeting include: • Task orders to the STAP. • NSSI business processes. • Project coordination with senior NSSI agency staff. • NSSI priority issues and projects. • Other topics the OG or STAP may raise. All meetings are open to the public. The public may present written comments to the STAP through the NSSI Executive Director. When making public comment, participants should know that their address, phone number, e-mail address, or other personal identifying information in their comment, along with their entire comment, may be made publicly available at any time. Commenters can ask that personal identifying information be withheld from their comments, but this cannot be guaranteed. Depending on the number of persons wishing to comment and time available, the time for individual oral comments may be limited. Individuals who plan to attend and need special assistance, such as sign language interpretation, transportation, or other reasonable accommodations, should contact the NSSI Executive Director. Dated: December 20, 2007. Thomas P. Lonnie, Alaska State Director. [FR Doc. E7-25393 Filed 12-28-07; 8:45 am] BILLING CODE 4310-JA-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [ES-930-5104-FI] Notice of Proposed Reinstatement of Terminated Oil and Gas Lease AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Proposed Reinstatement of Terminated Oil and Gas Lease. SUMMARY: Under the provisions of Public Law 97-451, the Bureau of Land Management

(BLM)received a petition for reinstatement of the oil and gas leases, ARES 52198 and ARES 52200 located in Scott and Montgomery County, Ouachita N.F., Arkansas, and ARES 53624 located in Yell County, Ouachita N.F., Arkansas. The petition was filed on time and was accompanied by all rentals due since the date the leases terminated under law. FOR FURTHER INFORMATION, CONTACT: Ann Dickerson, Land Law Examiner, at 703-440-1512, or Bureau of Land Management—Eastern States, 7450 Boston Boulevard, Springfield, Virginia 22153. SUPPLEMENTARY INFORMATION: The lessee has agreed to the amended lease terms for rentals and royalties at rates of $10 per acre (competitive) and $5 per acre (non-competitive), or fraction thereof, per year and 16 2/3 percent respectively. The lessee has paid the required administrative fee and publication fee to reimburse the Department for the cost of this **Federal Register** notice. The lessee has met all the requirements for reinstatement of the lease as set out in Section 31(d) and

(e)of the Mineral Leasing Act of 1920, as amended (30 U.S.C. 188), and the BLM is proposing to reinstate the leases listed above, effective September 1, 2004 (ARES 52198 and ARES 52200) and November 1, 2005 (ARES 53624), under the original terms and conditions of the leases and the increased rental and royalty rates cited above. The BLM has not issued any valid leases affecting the lands. Dated: December 21, 2007. Steven R. Wells, Acting State Director, Eastern States. [FR Doc. E7-25387 Filed 12-28-07; 8:45 am] BILLING CODE 4310-GJ-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [MT-922-08-1310-FI-P;SDM 90990] Notice of Proposed Reinstatement of Terminated Oil and Gas Lease SDM 90990 AGENCY: Bureau of Land Management, Interior. ACTION: Notice. SUMMARY: Per 30 U.S.C. 188(d), GPE Energy, Inc. and Spyglass Cedar Creek LP timely filed a petition for reinstatement of oil and gas lease SDM 90990, Harding County, South Dakota. The lessee paid the required rental accruing from the date of termination. No leases were issued that affect these lands. The lessee agrees to new lease terms for rentals and royalties of $10 per acre and 16-2/3 percent or 4 percentages above the existing competitive royalty rate. The lessee paid the $500 administration fee for the reinstatement of the lease and $163 cost for publishing this Notice. The lessee met the requirements for reinstatement of the lease per Sec. 31(d) and

(e)of the Mineral Leasing Act of 1920 (30 U.S.C. 188). We are proposing to reinstate the lease, effective the date of termination subject to: • The original terms and conditions of the lease; • The increased rental of $10 per acre; • The increased royalty of 16 2/3 percent or 4 percentages above the existing competitive royalty rate; and • The $163 cost of publishing this Notice. FOR FURTHER INFORMATION CONTACT: Karen L. Johnson, Chief, Fluids Adjudication Section, BLM Montana State Office, 5001 Southgate Drive, Billings, Montana 59101-4669, 406-896-5098. Dated: December 19, 2007. Karen L. Johnson, Chief, Fluids Adjudication Section. [FR Doc. E7-25382 Filed 12-28-07; 8:45 am] BILLING CODE 4310-$$-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [AZ-320-08-7122-ES-5812; AZA 33391 and AZA 34206] Arizona: Notice of Realty Action; Recreation and Public Purposes (R&PP) Act Classification AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Realty Action. SUMMARY: The following public lands in Yuma County, Arizona, have been examined by the Bureau of Land Management

(BLM)and found suitable for classification for lease or conveyance to the Yuma County Free Library District (AZA 33391) and Yuma County (AZA 34206) under the provisions of the Recreation and Public Purposes (R&PP) Act, as amended, 43 U.S.C. 869 *et seq.* , and under Section 7 of the Taylor Grazing Act, 43 U.S.C. 315(f), and Executive Order No. 6910. Gila and Salt River Meridian, Arizona (AZA 33391) T. 11 S., R. 24 W. Sec. 6, W 1/2 E 1/2 E 1/2 W 1/2 N 1/2 N 1/2 SW 1/4 SW 1/4 , W 1/2 E 1/2 W 1/2 N 1/2 N 1/2 SW 1/4 SW 1/4 , W 1/2 W 1/2 N 1/2 N 1/2 SW 1/4 SW 1/4 . The area described contains 4.375 acres. Gila and Salt River Meridian, Arizona (AZA 34206) T. 11 S., R. 24 W. Sec. 6, E 1/2 E 1/2 E 1/2 W 1/2 N 1/2 N 1/2 SW 1/4 SW 1/4 , E 1/2 N 1/2 N 1/2 SW 1/4 SW 1/4 . The area described contains 5.625 acres. Neither Yuma County Free Library District nor Yuma County have acquired for public purposes other than recreation, more than the 640-acre limitation allowed in any calendar year according to the regulations found at 43 CFR 2741.7(a)(3). The Yuma County Free Library District and Yuma County have submitted statements in compliance with the regulations at 43 CFR 2741.4(b). The Yuma County Free Library District is proposing to construct a new library (South County Branch Library) of 30,773 square feet; and Yuma County is proposing to construct new county services buildings (Yuma County South Complex) totaling approximately 18,800 square feet. The Yuma County South Complex would provide satellite offices for the following county departments: Health, Courts, Probation, Assessor, Board of Supervisors, and Information Technology. There would also be parking lots, and other necessary site improvements such as access lanes and retention areas. DATES: Submit comments on or before February 14, 2008. ADDRESSES: Detailed information including but not limited to, a proposed development plan and documentation relating to compliance with applicable environmental and cultural resource laws, is available for review at the BLM Yuma Field Office, 2555 E. Gila Ridge Road, Yuma, Arizona 85365. FOR FURTHER INFORMATION CONTACT: Realty Specialist Francisca Mueller Realty Specialist,

(928)317-3237. SUPPLEMENTARY INFORMATION: The lands are not needed for any Federal purposes. [?USGPO Galley End:?] Lease or conveyance of the lands for recreational or public purposes use is consistent with the BLM Yuma District Resource Management Plan dated February 1987, and would be in the public interest. All interested parties will receive a copy of this notice once it is published in the **Federal Register** . The notice will be published in a newspaper of local circulation for three consecutive weeks. The regulations do not require a public meeting. Upon publication of this notice in the **Federal Register** , the lands will be segregated from all other forms of appropriation under the public land laws, including the general mining laws, except for lease or conveyance under the R&PP Act and leasing under the mineral leasing laws. The lease or conveyance of the land, when issued, will be subject to the following terms, conditions, and reservations: 1. A right-of-way thereon for ditches and canals constructed by the authority of the United States Act of August 30, 1890, 26 Stat. 391 (43 U.S.C. 945). 2. Provisions of the Recreation and Public Purposes Act and to all applicable regulations of the Secretary of the Interior. 3. All minerals shall be reserved to the United States, together with the right to prospect for, mine and remove the minerals. 4. All valid existing rights documented on the official public land records at the time of lease or patent issuance. 5. *CERCLA Term:* “Pursuant to the requirements established by Section 120(h) of the Comprehensive Environmental Response, Compensation and Liability Act, (42 U.S.C. 9620 (h)) (CERCLA), as amended by the Superfund Amendments and Reauthorization Act of 1988 (100 Stat. 1670), notice is hereby given that the above-described land has been examined and no evidence was found to indicate that any hazardous substances had been stored for one year or more, nor had any hazardous substances been disposed of or released on the subject property.” 6. *Indemnification Term:* “All lessees, purchasers, or patentees, by accepting a lease or patent, covenant and agree to indemnify, defend, and hold the United States harmless from any costs, damages, claims, causes of action, penalties, fines, liabilities, and judgments of any kind or nature arising from the past, present, and future acts or omissions of the patentees or their employees, agents, contractors, or lessees, or any third-party, arising out of or in connection with the patentees' use, occupancy, or operations on the patented real property. This indemnification and hold harmless agreement includes, but is not limited to, acts and omissions of the patentees and their employees, agents, contractors, or lessees, or any third party, arising out of or in connection with the use and/or occupancy of the patented real property which has already resulted or does hereafter result in:

(1)Violations of Federal, State, and local laws and regulations that are now or may in the future become, applicable to the real property;

(2)Judgments, claims, or demands of any kind assessed against the United States;

(3)Costs, expenses, or damages of any kind incurred by the United States;

(4)Releases or threatened releases of solid or hazardous waste(s) and/or hazardous substances(s), as defined by Federal or State environmental laws, off, on, into or under land, property and other interests of the United States;

(5)Activities by which solids or hazardous substances or wastes, as defined by Federal and State environmental laws are generated, released, stored, used or otherwise disposed of on the patented real property, and any cleanup response, remedial action or other actions related in any manner to said solid or hazardous substances or wastes; or

(6)Natural resource damages as defined by Federal and State law. Patentee shall stipulate that it will be solely responsible for compliance with all applicable Federal, State and local environmental and regulatory provisions, throughout the life of the facility, including any closure or post-closure requirements that may be imposed with respect to any physical plant or facility upon the real property under any Federal, State or local environmental laws or regulatory provisions. This covenant shall be construed as running with the above described parcel of land patented or otherwise conveyed by the United States, and may be enforced by the United States in a court of competent jurisdiction.” 7. The lessee/patentee and its successor or assigns in interest shall comply with and shall not violate any of the terms or provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 241), and requirements of the regulations, as modified or amended, of the Secretary of the Interior issued pursuant thereto (43 CFR part 17) for the period that the lands conveyed herein are used for the purpose for which the grant was made pursuant to the act cited above, or for another purpose involving the provision of similar services or benefits. *Classification Comments:* Interested parties may submit comments involving the suitability of the land for development of the South County Branch Library and/or the Yuma County South Complex. Comments on the classification is restricted to whether the land is physically suited for the proposal, whether the use will maximize the future use or uses of the land, whether the use is consistent with local planning and zoning, or if the use is consistent with State and Federal programs. *Application Comments:* Interested parties may submit comments regarding the specific uses proposed in the applications and plans of development, whether the BLM followed proper administrative procedures in reaching the decision, or any other factor not directly related to the suitability of the lands for public purposes. Any adverse comments will be reviewed by the BLM State Director. In the absence of any adverse comments, the classification will become effective on February 29, 2008. The lands will not be offered for lease or conveyance until after the classification becomes effective. 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 may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. (Authority: 43 CFR 2741.5.) Dated: November 29, 2007. Bruce Rittenhouse, Assistant Field Manager for Resources, Land, and Minerals; Acting Field Manager. [FR Doc. E7-25384 Filed 12-28-07; 8:45 am] BILLING CODE 4310-32-P INTERNATIONAL TRADE COMMISSION [Inv. No. 337-TA-623] In the Matter of: Certain R-134a Coolant (Otherwise Known as 1,1,1,2-Tetrafluoroethane); Notice of Investigation AGENCY: U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 20, 2007, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of INEOS Fluor Limited of the United Kingdom and INEOS Fluor Americas LLC of St. Gabriel, Louisiana. A supplemental letter and amended complaint, which included another complainant, INEOS Fluor Holdings Limited of the United Kingdom, were filed on December 13, 2007. The complaint, as supplemented and amended, alleges 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 R-134a coolant (otherwise known as 1,1,1,2-tetrafluoroethane) by reason of infringement of the claims of U.S. Patent No. 5,744,658. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue a general exclusion order and cease and desist orders. ADDRESSES: The complaint, supplement, and amended complaint, except for any confidential information contained therein, are 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., Room 112, Washington, DC 20436, telephone 202-205-2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 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.* FOR FURTHER INFORMATION CONTACT: Erin Joffre, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone

(202)205-2550. Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2007). *Scope of Investigation:* Having considered the complaint, the U.S. International Trade Commission, on December 19, 2007, *ordered that* —

(1)Pursuant to subsection

(b)of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain R-134a coolant (otherwise known as 1,1,1,2-tetrafluoroethane) by reason of infringement of claims 1 and 2 of U.S. Patent No. 5,744,658, and whether an industry in the United States exists as required by subsection (a)(2) of section 337;

(2)For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served:

(a)The complainants are— INEOS Fluor Holdings Limited, The Heath, Runcorn, Cheshire, WA74QX, United Kingdom. INEOS Fluor Limited, The Heath, Runcorn, Cheshire, WA74QX, United Kingdom. INEOS Fluor Americas LLC, 4990 B ICI Road, St. Gabriel, LA 70776. [?USGPO Galley End:?]

(b)The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: SinoChem Modern Environmental, Protection Chemicals (Xi'an) Co., Ltd., (Corporation China), Jinhe Industrial Area, Xi'an Economic-Technological, Development Zone, Xi'an, 710201, Shaanxi, China. SinoChem Ningbo Ltd., 21 Jiangixia Str., Ningbo, 315000, Zhejiang, China.

(c)The Commission investigative attorney, party to this investigation, is Erin Joffre, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Room 401E, Washington, DC 20436; and

(3)For the investigation so instituted, the Honorable Paul J. Luckern is designated as the presiding administrative law judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or cease and desist order or both directed against the respondent. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7-25275 Filed 12-28-07; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-589] In the Matter of Certain Switches and Products Containing Same; Notice of Commission Determination To Review a Final Determination on Violation of Section 337; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to review a portion of the final initial determination (“ID”) issued by the presiding administrative law judge (“ALJ”) on November 7, 2007, regarding whether there is a violation of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, in the above-captioned investigation. FOR FURTHER INFORMATION CONTACT: Michelle Walters, 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: This investigation was instituted on December 7, 2006, based on a complaint filed by ATEN International Co., Ltd. of Taipei, Taiwan, and ATEN Technology, Inc. of Irvine, California (collectively, “ATEN”). The complaint alleged violations of section 337 of the Tariff Act of 1930 (19 U.S.C. section 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain switches and products containing the same by reason of infringement of various claims of United States Patent No. 7,035,112. The complaint named six respondents: Belkin International, Inc., Belkin, Inc. (collectively, “Belkin”), Emine Technology Co., Ltd. (“Emine”), RATOC Systems, Inc., RATOC Systems International, Inc. (collectively, “RATOC”), and JustCom Tech, Inc. (“JustCom”). The ALJ issued an order terminating RATOC and JustCom based on settlement agreements, including a consent order, which the Commission has previously determined to review. On November 7, 2007, the ALJ issued his final ID, and on November 21, 2007, he issued his recommended determination on remedy and bonding. In his ID, the ALJ found that Belkin's and Emine's accused products do not infringe asserted claims 1 and 12-21. In addition, the ALJ found that the claims are not invalid for anticipation or obviousness. The ALJ also found that the claims are not invalid for lack of written description support and that the patent is not unenforceable for inequitable conduct. Further, the ALJ found that there was no domestic industry based on the asserted patent. ATEN, Belkin, Emine, and the Commission investigative attorney each filed petitions for review of the ALJ's ID and responses to the petitions. Having examined the record of this investigation, including the ALJ's final ID, the petitions for review, and the responses thereto, the Commission has determined

(1)to review the ALJ's claim construction of the terms “body,” “fixedly attached,” and “integrated into,” and

(2)to review the ALJ's determinations on infringement, anticipation, obviousness, and domestic industry, but

(3)not to review the ALJ's claim construction of the terms “connector plugs,” “connector ports,” “cable,” or “molded attachment element,” and

(4)not to review the ALJ's determinations on the level of skill of a person of ordinary skill in the art, written description, and inequitable conduct. With respect to the claim constructions the Commission has determined not to review, the Commission understands the ALJ to have adopted the reasoning of the party whose claim construction he adopted. The parties should brief their positions on the issues on review with reference to the applicable law and the evidentiary record. In connection with its review, the Commission is particularly interested in responses to the following questions: 1. How should the claim term “body” be construed? Please cite claim language, specification language, prosecution history, and any relevant extrinsic evidence to support your position. In addressing the claim language, please comment on whether one of ordinary skill in the art would understand that claim 1 indicates that the body is an enclosure designed to contain a switching circuit and to have a plurality of cables fixedly attached to and extending from it. [?USGPO Galley End:?] 2. Does the specification limit the term “body” to an integrally injection-molded plastic enclosure and/or to an enclosure that provides good weather-resistance, impact-resistance, and absolute protection of the internal circuit board and circuits thereon? Please cite cases addressing whether similar language can be or has been used to limit a claim term. 3. Does the specification distinguish the prior art through its statement that “the box 41 includes outer walls that are made of metal material or rigid plastic material and assembled together by means of screws (not shown)” in a way that limits the claims? `112 patent, col. 1, ll. 23-25. Please cite cases addressing whether similar language can be or has been used to distinguish prior art. 4. If the Commission arrives at a claim construction not asserted by the parties or adopts the ALJ's claim construction, should the Commission remand the investigation to the ALJ to develop the record according to the selected claim construction? 5. Under your proposed claim construction of the claim term “body,” do the accused products meet this limitation? 6. If the Commission were to construe the claim term “body”

(a)to require an integrally injection-molded plastic enclosure,

(b)to require an enclosure that provides good weather-resistance, impact-resistance, and absolute protection of the internal circuit board and circuits thereon, or

(c)to exclude “the box 41 includes outer walls that are made of metal material or rigid plastic material and assembled together by means of screws (not shown),” do the accused products meet the limitations identified in (a), (b), and (c)? 7. If the Commission were to construe the claim term “body” to exclude the switching circuit, do the accused products” cables extend from the body as required by claim 1 of the `112 patent? 8. Do Emine's products have a plurality of cables? 9. Under your proposed claim construction of the claim term “body,” is this limitation disclosed by the prior art? 10. If the Commission were to construe the claim term “body”

(a)to require an integrally injection-molded plastic enclosure,

(b)to require an enclosure that provides good weather-resistance, impact-resistance, and absolute protection of the internal circuit board and circuits thereon, or

(c)to exclude “the box 41 includes outer walls that are made of metal material or rigid plastic material and assembled together by means of screws (not shown),” do the prior art materials disclose the limitations identified in (a), (b), and (c)? 11. If the Commission were to construe the claim term “body” to exclude the switching circuit, do the prior art materials disclose cables that extend from the “body” as required by claim 1 of the `112 patent? 12. Under your proposed claim construction of the term “body,” do ATEN's products meet this limitation? 13. If the Commission were to construe the claim term “body”

(a)to require an integrally injection-molded plastic enclosure,

(b)to require an enclosure that provides good weather-resistance, impact-resistance, and absolute protection of the internal circuit board and circuits thereon, or

(c)to exclude “the box 41 includes outer walls that are made of metal material or rigid plastic material and assembled together by means of screws (not shown),” do ATEN's products meet the limitations identified in (a), (b), and (c)? 14. If the Commission were to construe the claim term “body” to exclude the switching circuit, do ATEN's products” cables extend from the body as required by claim 1 of the `112 patent? In connection with the final disposition of this investigation, the Commission may

(1)issue an order that could result in the exclusion of the subject articles from entry into the United States, and/or

(2)issue one or more cease and desist orders that could result in the respondent being required to cease and desist from engaging in unfair acts in the importation and sale of such articles. Accordingly, the Commission is interested in receiving written submissions that address the form of remedy, if any, that should be ordered. If a party seeks exclusion of an article from entry into the United States for purposes other than entry for consumption, the party should so indicate and provide information establishing that activities involving other types of entry either are adversely affecting it or likely to do so. For background, *see In the Matter of Certain Devices for Connecting Computers via Telephone Lines,* Inv. No. 337-TA-360, USITC Pub. No. 2843 (December 1994) (Commission Opinion). If the Commission contemplates some form of remedy, it must consider the effects of that remedy upon the public interest. The factors the Commission will consider include the effect that an exclusion order and/or cease and desist orders would have on

(1)the public health and welfare,

(2)competitive conditions in the U.S. economy,

(3)U.S. production of articles that are like or directly competitive with those that are subject to investigation, and

(4)U.S. consumers. The Commission is therefore interested in receiving written submissions that address the aforementioned public interest factors in the context of this investigation. If the Commission orders some form of remedy, the U.S. Trade Representative, as delegated by the President, has 60 days to approve or disapprove the Commission's action. See Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the subject articles would be entitled to enter the United States under bond, in an amount determined by the Commission and prescribed by the Secretary of the Treasury. The Commission is therefore interested in receiving submissions concerning the amount of the bond that should be imposed if a remedy is ordered. *Written Submissions:* The parties to the investigation are requested to file written submissions on the issues identified in this notice. Parties to the investigation, interested government agencies, and any other interested parties are encouraged to file written submissions on the issues of remedy, the public interest, and bonding. Such submissions should address the recommended determination by the ALJ on remedy and bonding. Complainants and the Commission investigative attorney are also requested to submit proposed remedial orders for the Commission's consideration. Complainants are also requested to state the dates that the patents expire and the HTSUS numbers under which the accused products are imported. The written submissions and proposed remedial orders must be filed no later than close of business on Tuesday, January 8, 2008. Reply submissions must be filed no later than the close of business on Tuesday, January 15, 2008. No further submissions on these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file the original document and 12 true copies thereof on or before the deadlines stated above with the Office of the Secretary. Any person desiring to submit a document to the Commission in confidence must request confidential treatment unless the information has already been granted such treatment during the proceedings. All such requests should be directed to the Secretary of the Commission and must include a full statement of the reasons why the Commission should grant such treatment. *See* 19 CFR 210.6. Documents for which confidential treatment by the Commission is sought will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary. The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in sections 210.42-46 and 210.50 of the Commission's Rules of Practice and Procedure (19 CFR 210.42-46 and 210.50). By order of the Commission. Issued: December 21, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7-25279 Filed 12-28-07; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Inv. No. 337-TA-624] In the Matter of Certain Systems for Detecting and Removing Viruses or Worms, Components Thereof, and Products Containing Same; Notice of Investigation AGENCY: U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 21, 2007, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Trend Micro Incorporated of Cupertino, California. The complaint alleges 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 systems for detecting and removing viruses or worms, components thereof, and products containing same by reason of infringement of certain claims of U.S. Patent No. 5,623,600. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders. ADDRESSES: The complaint except for any confidential information contained therein, is 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., Room 112, Washington, DC 20436, telephone 202-205-2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 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.* FOR FURTHER INFORMATION CONTACT: Rett Snotherly, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone

(202)205-2599. Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2007). *Scope of Investigation:* Having considered the complaint, the U.S. International Trade Commission, on December 21, 2007, *ordered that* —

(1)Pursuant to subsection

(b)of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain systems for detecting and removing viruses or worms, components thereof, or products containing same by reason of infringement of one or more of claims 2 and 4-22 of U.S. Patent No. 5,623,600, and whether an industry in the United States exists as required by subsection (a)(2) of section 337;

(2)For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served:

(a)The complainant is—Trend Micro Incorporated, 10101 North De Anza Boulevard, Cupertino, California 95014.

(b)The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Barracuda Networks, Inc, 3175 S. Winchester Blvd., Campbell, California 95008. Panda Software International S.L., Buenos Aires 12, 48.001 Bilbao, Spain. Panda Distribution, Inc., 230 N. Maryland Avenue, Suite 303, Glendale, California 91206.

(c)The Commission investigative attorney, party to this investigation, is Rett Snotherly, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436; and

(3)For the investigation so instituted, the Honorable Carl C. Charneski is designated as the presiding administrative law judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or cease and desist order or both directed against the respondent. By order of the Commission. Issued: December 21, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7-25278 Filed 12-28-07; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Water Act Notice is hereby given that on December 13, 2007, a Consent Decree in *United States of America* v. *Merck & Co., Inc.,* Civil Action No. 07-cv-5239, was lodged with the United States District Court for the Eastern District of Pennsylvania. The proposed consent decree with Merck & Co., Inc., (“Merck”) resolves the claims of the United States on behalf of EPA against Merck for injunctive relief and civil penalties under section 309 of the Clean Water Act (“CWA”), 33 U.S.C. 1319, in connection with the pharmaceutical and vaccine research and manufacturing facility located in West Point, Montgomery County, Pennsylvania. Pursuant to the consent decree, Merck will pay a total of $1,575,000 in penalties. Merck will pay a civil penalty of $750,000 to the United States, $750,000 to the Commonwealth, and $75,000 to the Pennsylvania Fish and Boat Commission. In addition, Merck has undertaken, and will continue to take, remedial measures at their facility to prevent further discharges. Finally, Merck has agreed to State Community Environmental Projects and Federal Supplemental Environmental Projects at a value in excess of $9 million. The Department of Justice will receive for a period of thirty

(30)days from the date of this publication comments relating to this proposed Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, Attention: Nancy Flickinger (EES), and may be submitted by electronic mail to the following address: *pubcomment-ees.enrd@usdj.gov.* Comments should refer to *United States of America* v. *Merck & Co., Inc.,* Civil Action No. 07-cv-5239 D.J. Ref. 90-5-1-1-09062. The proposed Consent Decree may be examined at the Office of the United States Attorney for the Eastern District of Pennsylvania, 615 Chestnut Street, Suite 1250, Philadelphia, Pennsylvania 19106, and at U.S. EPA Region III's Office, 1650 Arch Street, Philadelphia, PA 19103. During the public comment period, the consent decree may also be examined on the following Department of Justice Web site, *http://www.usdoj.gov/enrd/Consent_Decrees.html.* A copy of the proposed Consent Decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood ( *tonia.fleetwood@usdoj.gov.* ), fax no.

(202)514-0097, phone confirmation number

(202)514-1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $7.75 (25 cents per page reproduction cost for a full copy) payable to the U.S. Treasury. Robert D. Brook, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 07-6243 Filed 12-28-07; 8:45 am]

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