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Federal Register / Vol. 70, No.

26 / Wednesday, February 9, 2005 / Notices 6903

encountered in the dark zones of caves Dated: November 18, 2004. DEPARTMENT OF THE INTERIOR
and/or mesocaverns. Viable populations David J. Wesley,
of these arthropods require a Acting Regional Director, Region 1. Bureau of Land Management
dependable source of nutrient input, [FR Doc. 05–2492 Filed 2–8–05; 8:45 am] [ES–960–1910–BJ–4489, ES–053126]
typically in the form of roots from over- BILLING CODE 4310–55–P
lying perennial plants. Group No. 38, Illinois; Eastern States:
The primary threats to these species Filing of Plat of Survey
include: Small populations and DEPARTMENT OF THE INTERIOR
AGENCY: Bureau of Land Management,
restricted range; urban and agricultural Interior.
Bureau of Indian Affairs
development as well as quarrying ACTION: Notice of filing of plat of survey;
operations; non-native species preying Indian Gaming Illinois.
upon or competing with them for
limited food resources; human visitation AGENCY: Bureau of Indian Affairs, SUMMARY: The Bureau of Land
and uses of caves; urban and Interior. Management (BLM) will file the plat of
commercial pesticide; biocontrol agents; survey of the lands described below in
and extended drought which alters the Notice of Class III Gaming
ACTION:
the BLM–Eastern States, Springfield,
high-humidity environment to which Compacts taking effect. Virginia, 30 calendar days from the date
these arthropods are adapted, which of publication in the Federal Register.
SUMMARY: Notice is given that the
also facilitates invasion by nonnative FOR FURTHER INFORMATION CONTACT:
species. Tribal-State Compacts between the
Bureau of Land Management, 7450
Eastern Shawnee Tribe, the Choctaw
Downlisting to threatened may be Boston Boulevard, Springfield, Virginia
Tribe, the Citizen Potawatomi Nation
considered for both species when nine 22153. Attn: Cadastral Survey.
and the State of Oklahoma are
viable populations, spread across the considered to have been approved and SUPPLEMENTARY INFORMATION: This
known range, are shown to be: (1) Self- are in effect. survey was requested by the U.S. Army
sustaining; (2) stable or increasing; (3) Corps of Engineers.
protected from non-native/predatory DATES: Effective Dates: February 9, 2005. The lands we surveyed are:
species, human visitation to caves, bio- FOR FURTHER INFORMATION CONTACT:
control agents, pesticides, development Fourth Principal Meridian, Illinois
George T. Skibine, Director, Office of
or other damaging land uses; and (4) Indian Gaming Management, Office of T. 8 S., Rs. 4 and 5 W.
with the habitat being utilized in a the Deputy Assistant Secretary—Policy The plat of survey represents the
fashion consistent with conservation, as and Economic Development, dependent resurvey of portions of the
evidenced by monitoring over a 10-year township boundaries, portions of the
Washington, DC 20240, (202) 219–4066.
subdivisional lines and the survey of the
period.
SUPPLEMENTARY INFORMATION: Under Lock and Dam No. 24 acquisition boundary,
Delisting of both species may be Section 11(d)(7)(D) of the Indian in Township 8 South, Ranges 4 and 5 West,
considered when 12 viable populations, Gaming Regulatory Act of 1988 (IGRA), of the Fourth Principal Meridian, in the State
spread across the known range, are of Illinois, and was accepted on January 28,
Public Law 100–497, 25 U.S.C. 2710, the
shown to be: (1) Self-sustaining; (2) 2005.
Secretary of the Interior must publish in We will place a copy of the plat we
stable or increasing; (3) protected from the Federal Register notice of any described in the open files. It will be made
non-native/predatory species, human Tribal-State compact that is approved, available to the public as a matter of
visitation to caves, bio-control agents, or considered to have been approved for information.
pesticides, development or other the purpose of engaging in Class III Dated: January 28, 2005.
damaging land uses; and (4) with the gaming activities on Indian lands. The
habitat being utilized in a fashion Stephen D. Douglas,
Acting Principal Deputy Assistant
consistent with conservation, as Chief Cadastral Surveyor.
Secretary—Indian Affairs, Department
evidenced by monitoring over a 20-year of the Interior, through his delegated [FR Doc. 05–2506 Filed 2–8–05; 8:45 am]
period. In addition, a post-delisting authority did not approve or disapprove BILLING CODE 4310–GJ–P
monitoring plan and agreement to these compacts before the date that is 45
continue post-delisting monitoring must days after the date these compacts were
be in place and ready for submitted. These compacts authorize DEPARTMENT OF THE INTERIOR
implementation at the time of delisting. Indian tribes to engage in certain Class Minerals Management Service
Monitoring populations following III gaming activities, provides for certain
delisting will verify the ongoing geographical exclusivity, limits the Outer Continental Shelf (OCS), Alaska
recovery and conservation of the species number of gaming machines at existing Region, Chukchi Sea/Hope Basin and
and provide a means of assessing the racetracks, and prohibits non-tribal Norton Basin Planning Areas
continuing effectiveness of management operation of certain machines and
actions. covered games. Therefore, pursuant to AGENCY: Minerals Management Service
25 U.S.C. 2710(d)(7)(C), these compacts (MMS), Interior.
Public Comments Solicited ACTION: Call for information and
are considered to have been approved,
We solicit written comments on the but only to the extent they are nominations.
draft recovery plan as described. All consistent with IGRA.
SUMMARY: The Secretary’s decision to
comments received by the date specified Dated: January 28, 2005. consider offering the Chukchi Sea/Hope
above will be considered prior to Michael D. Olsen, Basin Planning Area and the Norton
approval of this plan. Acting Principal Deputy Assistant Secretary— Basin Planning Area in the OCS Oil and
Authority: The authority for this action is Indian Affairs. Gas Leasing Program for 2002–2007
section 4(f) of the Endangered Species Act, [FR Doc. 05–2462 Filed 2–8–05; 8:45 am] provides for an 18-month ‘‘special-
16 U.S.C. 1533(f). BILLING CODE 4310–4N–P interest’’ process beginning with

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6904 Federal Register / Vol. 70, No. 26 / Wednesday, February 9, 2005 / Notices

publication of this Call. Based on the for either Call; therefore, the process exploration, and development and
information and specific nominations was stopped and deferred to this year. production within the Chukchi Sea/
received as a result of this Call, a If no interest is expressed in response to Hope Basin and Norton Basin are sought
decision will be made whether to this third Call, Sale 193 may be called from all interested parties. Comments
proceed with a sale for these separate again later this year. are also being sought on the terms,
planning areas. In the past MMS has This is the fourth Call issued for the conditions, and economic incentives of
issued separate Calls for these areas; Norton Basin for this 5-year program. a sale in the Chukchi Sea/Hope Basin
however, because the areas are both The first three Calls were published in and Norton Basin. Industry and other
‘‘special-interest areas’’ and tentative the Federal Register on January 22, interested parties are strongly
process milestones are the same, the 2002, March 25, 2003, and January 30, encouraged to contact the MMS, Alaska
decision was made to combine the Calls. 2004, respectively. No interest was OCS Region, Phyllis Casey at (907) 334–
DATES: Nominations and comments on expressed for any of these Calls; 5272 or Steve Flippen at (907) 334–
the Call must be received on or before therefore, the process was stopped and 5268, with questions or to discuss
May 10, 2005. deferred to this year. This is the last Call interest in these areas. This early
FOR FURTHER INFORMATION CONTACT: scheduled to be issued for Norton Basin planning and consultation step is
Please call Phyllis Casey at (907) 334– in this 5-year program. particularly important to this special-
5272 or Steve Flippen at (907) 334–5268 This Call does not indicate a interest lands process. The MMS will
in MMS’s Alaska OCS Region regarding preliminary decision to lease in the base its decision on whether to proceed
questions on the Call. areas described below. If the MMS with the presale process and the terms
decides to proceed with the sale and conditions of a sale on the
SUPPLEMENTARY INFORMATION: The
process, the MMS will make the final nominations and other information
objective of this ‘‘special-interest’’
decision on the specific areas for received in response to this Call. This
leasing option is to foster exploration in
possible leasing at a later date in the process will ensure a decision that
a frontier OCS area with potential oil
presale process and in compliance with considers the concerns of all
and gas resources, but due to high
the 5-year program and with applicable respondents in future decisions in this
economic costs, may have questionable
laws including all requirements of the leasing process pursuant to the OCSLA
industry interest. This allows us to offer
National Environmental Policy Act and regulations at 30 CFR part 256 and
the option, but with minimal upfront 30 CFR part 260. Commenters are also
time and effort required for holding a (NEPA) and the OCS Lands Act
(OCSLA). The MMS may adjust the encouraged to submit comments and
typical lease sale. The general approach suggestions on the ‘‘special-interest’’
is to query industry regarding the level dimensions of a nominated area after
discussions with the nominating leasing process in general using this
of interest in proceeding with sales in process.
the Chukchi Sea/Hope Basin and the company.
This Call is being issued in
Norton Basin that would offer only very Call for Information and Nominations accordance with the OCS Oil and Gas
small, very focused areas of specific Leasing Program 2002 to 2007, approved
interest for exploration and to request 1. Authority
June 27, 2002. The program offers two
nominations of such areas. The lease This Call is published pursuant to the sales in the Chukchi Sea/Hope Basin
sales are being proposed to provide OCSLA, as amended (43 U.S.C. 1331– during the 5-year program. If no interest
opportunities for industry to pursue the 1356, [1994]), and the regulations issued is expressed in response to this third
high resource potential of the Chukchi thereunder (30 CFR part 256 and 30 CFR Call, Sale 193 will not be held for this
Sea area in conjunction with potential part 260); and in accordance with the 5-year program. However, a new Call for
natural gas resources that may extend OCS Oil and Gas Leasing Program 2002 the Chukchi Sea/Hope Basin for Sale
into the adjacent Hope Basin area. The to 2007, approved June 27, 2002. 203 is scheduled to be issued November
Norton Basin may contain quantities of 2005 with a tentative sale date in May
natural gas, which might be used for 2. Purpose of Call
2007. No more than two rounds of lease
western Alaska communities if The purpose of the Call is to gather issuance in the Chukchi Sea/Hope Basin
economically feasible. Comments are preliminary information, to request were to occur during this 5-year
also being requested from the general nomination of specific areas of interest program. This is the fourth Call issued
public on this special-interest leasing to industry, and to request comments on for the Norton Basin Program Area. The
process, including the terms and the terms and conditions of offering first three Calls were published in the
conditions of the sales. The MMS will these special-interest lands. The Call Federal Register on January 22, 2002,
consider all comments and nominations also serves to initiate public outreach to March 25, 2003, and January 30, 2004,
in the decisions on whether and where assist in preparation of the NEPA respectively. No interest was expressed
within the Chukchi Sea/Hope Basin or analysis for this proposal. This proposal for any Call. This is the last Call
Norton Basin to proceed with leasing is in keeping with Sec. 102(9) of the scheduled for the Norton Basin in this
and on the terms and conditions of lease OCSLA Amendments of 1978, which 5-year program.
sale proposals. A decision to offer a states as a purpose of the statute, ‘‘* * *
nominated area for leasing will be to insure that the extent of oil and 3. Description of Areas
conditioned on a commitment from natural gas resources of the OCS is Chukchi Sea/Hope Basin: This area is
industry to explore the area leased assessed at the earliest practicable located offshore the State of Alaska in
within a specific time period. Any lease time.’’ The objective of the ‘‘special- the Chukchi Sea, between Cape
sale would be open competitively to all interest’’ leasing process is to encourage Krusenstern and Point Barrow. The
qualified bidders. exploration in a frontier OCS area that Chukchi Sea area consists of
This is the third Call issued for the might contain natural gas for potential approximately 6,155 whole and partial
Chukchi Sea/Hope Basin for this 5-year use in local communities, as well as oil blocks (about 34 million acres). It
program. The first two Calls were to meet national energy needs. The sale extends offshore from about 10 to
published in the Federal Register on would offer for lease both oil and gas. approximately 200 miles in water
March 25, 2003, and January 30, 2004, Comments, information, and depths from about 32 feet to
respectively. No interest was expressed nominations on oil and gas leasing, approximately 230 feet. A small portion

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Federal Register / Vol. 70, No. 26 / Wednesday, February 9, 2005 / Notices 6905

of the northeast corner of the area drops • You may also comment using result of a sale in the Chukchi Sea/Hope
to approximately 3,000 feet. The Hope Public Connect at: https:// Basin or Norton Basin. The MMS is
Basin area consists of approximately ocsconnect.mms.gov/pcs-public. aware of the lack of infrastructure and
1,243 whole and partial blocks (about • Finally, you may hand-deliver distance from shore to some of the
61⁄2 million acres). It extends offshore comments weekdays between 8 am and blocks in this area and will consider
from about 3 to approximately 110 miles 5 pm to the Alaska OCS Region, these factors in designing any
in water depths from about 32 feet to Minerals Management Service, 3801 incentives. The following are being
approximately 230 feet. Centerpoint Drive, Suite 500, considered for use in this sale:
Norton Basin: This area is located Anchorage, Alaska 99503. —Lease term of 10 years
offshore the State of Alaska in the Please note that all comments need to —Submission of an exploration plan
northern Bering Sea, west and south off identify which areas they pertain to. within 8 years of lease issuance
the coast of the Seward Peninsula. It Our practice is to make comments, —Economic incentives similar in form
consists of approximately 4,742 whole including names and addresses of to those contained in the Notice of
and partial blocks (about 25 million respondents, available for public review Sale for Beaufort Sea Sale 186 (68 FR
acres). It extends offshore from about 3 during regular business hours. 50549) and those proposed for
to approximately 320 miles in water Individual respondents may request that Beaufort Sea Sale 195 (69 FR 61402).
depths from about 25 feet to we withhold their address from the Incentives for Beaufort Sea Sale 186
approximately 650 feet. record, which we will honor to the were:
Page-size maps of the areas extent allowable by law. Under certain —Royalty suspension volumes for oil
accompany this Notice. Large scale Call circumstances we can withhold a production (with possible
maps showing the boundaries of the respondent’s identity, as allowable by consideration for gas)
areas on a block-by-block basis are law. If you wish us to withhold your —Reduced rental rates
available without charge from the Public name and/or address, you must state —Lower minimum bid requirements
Information Office at the address given this prominently at the beginning of C. Relation to Coastal Management
below, or by telephone request at (907) your comment. However, we will not Plans (CMPs). Comments also are sought
334–5206 or 1–800–764–2627. Copies of consider anonymous comments. We on potential conflicts with approved
Official Protraction Diagrams (OPDs) are will make all submissions from local CMPs that may result from the
also available at the following location: organizations or businesses, and from proposed sale and future OCS oil and
Alaska OCS Region, Minerals individuals identifying themselves as gas activities. These comments should
Management Service, 3801 Centerpoint representatives or officials of identify specific CMP policies of
Drive, Suite 500, Anchorage, Alaska organizations or businesses, available concern, the nature of the conflicts
99503. for public inspection in their entirety. foreseen, and steps that MMS could take
In addition, the OPDs are available on A. Areas of Interest to the Oil and Gas to avoid or mitigate the potential
the MMS Web site at http:// Industry. Industry must be candid and conflicts. Comments may be in terms of
www.mms.gov/ld/alaska.htm. very specific regarding the areas they broad areas or restricted to particular
4. Instructions on Call nominate if this process is to succeed. blocks of concern. Commenters are
The purpose of this process is to requested to list block numbers or
The Call for Information Maps and identify and offer only small-focused outline the subject area on the large-
indications of interest and/or comments areas where industry has a significant scale Call map.
must be submitted to the Regional interest in exploration. Nominations
Supervisor, Leasing and Environment, covering large-scale areas will not be 5. Use of Information From Call
at the above address. helpful in defining these areas. Information submitted in response to
The Call maps delineate the areas that Nominations must be depicted on the this Call will be used for several
are the subject of this Call. Respondents Call maps by outlining the area(s) of purposes. We will use responses to:
are requested to indicate very specific interest along block lines. Nominators —Determine whether to proceed with a
areas of interest in and comment on the are asked to submit a list of whole and competitive oil and gas lease sale in
Federal acreage within the boundaries partial blocks nominated (by OPD and the Chukchi Sea/Hope Basin or
of the Call areas that they wish to have block number) to facilitate correct Norton Basin
included in a proposed sale in the interpretation of their nominations on —Identify specific areas of interest for
Chukchi Sea/Hope Basin or Norton the Call maps. Although the identities of oil and/or gas exploration and
Basin. those submitting nominations become a development
If you wish to comment, you may matter of public record, the individual —Identify environmental effects and
submit your comments by any one of nominations are proprietary potential use conflicts
the following methods: information. The telephone number and —Assist in the public outreach for the
• You may mail comments to the the name of a person to contact in the environmental analysis
Alaska OCS Region, Minerals nominator’s organization for additional —Develop possible alternatives to the
Management Service, 3801 Centerpoint information should be included in the proposed action
Drive, Suite 500, Anchorage, Alaska response. This person will be contacted —Develop lease terms and conditions/
99503, in envelopes labeled ‘‘Attn: to set up a mutually agreeable time and mitigating measures
Comments on Call for Information and place for a meeting with the Alaska OCS —Identify potential conflicts between
Nominations for Proposed 2005 Lease Regional Office to present their views oil and gas activities and the Alaska
Sale in Chukchi Sea/Hope Basin.’’ or regarding the company’s nominations. CMP
‘‘Attn: Comments on Call for B. Terms, Conditions, and Economic
Information and Nominations for Incentives Pertaining to Lease Issuance. 6. Existing Information
Proposed 2005 Lease Sale in Norton Respondents are requested to comment An extensive environmental, social,
Basin.’’, as appropriate. on the terms, conditions, and economic and economic Studies program has been
• You may fax your comments to incentives pertaining to lease issuance underway in the Alaska OCS Region
MMS at (907) 334–5242. for any leases that may be issued as a since 1976, including studies in these

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6906 Federal Register / Vol. 70, No. 26 / Wednesday, February 9, 2005 / Notices

areas. The emphasis has been on being issued. In August 1991, Sale 126 being issued. There were six exploratory
geologic mapping, environmental was held and resulted in 28 leases being wells drilled, but all have been
characterization of biologically sensitive issued. There were four exploratory permanently plugged and abandoned.
habitats, endangered whales and marine wells drilled, but all have been All 59 leases have been relinquished or
mammals, physical oceanography, permanently plugged and abandoned. expired. The Alaska OCS Region
ocean-circulation modeling, and All 378 leases have since been document ‘‘Undiscovered Oil and Gas
ecological and socio-cultural effects of relinquished or expired. No lease sales Resources, Alaska Federal Offshore,
oil and gas activities. have been held in the Hope Basin area. December 2000 Update’’
The MMS has had two past sales in The MMS has had one past sale in the (www.mms.gov/alaska/re/uogr/
the Chukchi Sea area. In May 1988, Sale Norton Basin area. In March 1983, Sale uogr.pdf), estimates the undiscovered
109 was held and resulted in 350 leases 57 was held and resulted in 59 leases 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 mul-
tiplication 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, (907) 334–5230, or by written request at 7. Tentative Schedules
completed studies, and a program status the address stated under Description of If MMS receives specific nominations
report for continuing studies in these Area. A request may also be made via from industry in response to this Call
areas is available on the MMS Web site the Alaska OCS Region Web site at and decides to proceed with the pre-sale
at http://www.mms.gov/alaska, or may www.mms.gov/alaska/ref/pubindex/ process, the following is a list of
be obtained from the Chief, pubsindex.htm. tentative milestone dates applicable to a
Environmental Studies Section, Alaska Chukchi Sea/Hope Basin and/or a
OCS Region, by telephone request at Norton Basin sale in 2006:

Tentative process mile-


stones for proposed 2006
Chukchi Sea/Hope Basin
Sale and Norton Basin Sale

Call published/public outreach initiated .......................................................................................................................... February 2005.


Comments due on Call ................................................................................................................................................... May 2005.
Decision whether to proceed/Area Identification ............................................................................................................ June 2005.
NEPA analysis ................................................................................................................................................................ February 2006.
Consistency Determination/Proposed Notice of Sale .................................................................................................... May 2006.
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

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EN09FE05.014</GPH>

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EN09FE05.015</GPH><FNP>

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[FR Doc. 05–2523 Filed 2–8–05; 8:45 am] 3, 7, 9, 14–18, 20, 24, 27, 32, 33, 37–40, response in support of the motion on
BILLING CODE 4310–MR–C 44, 45, 49–51, and 54 of U.S. Patent No. September 13, 2004. The ALJ issued an
6,322,365 (‘‘the ‘365 patent’’). The initial determination (‘‘ID’’) on
complaint named Widec S.A. September 21, 2004, terminating the
INTERNATIONAL TRADE Décolletage (‘‘Widec’’), of Moutier, investigation as to Widec and AMI. No
COMMISSION Switzerland, AMI Corp. SA (‘‘AMI’’), of petitions for review of this ID were filed.
Moutier, Switzerland, Crown On October 12, 2004, the Commission
[Inv. No. 337–TA–505] AirMunition Holding, of Hilversum, issued a notice indicating that it would
The Netherlands, AirMunition not review the ID, thereby adopting the
Certain Gun Barrels Used in Firearms
International Corp. of Hilversum, The ALJ’s ID as the Commission’s final
Training Systems; Notice of
Netherlands, AirMunition Industries determination.
Commission Issuance of a Limited On November 10, 2004, the
S.A., of Belprahon-Moutier,
Exclusion Order and a Cease and Switzerland, and AirMunition North Commission requested that the parties
Desist Order Against a Respondent America, Inc., of Norcross, Georgia as brief the isssues of remedy, the public
Found in Default respondents. interest, and bonding with respect to the
AGENCY: International Trade On April 27, 2004, complainants filed defaulting AirMunition respondents. On
Commission. a motion, pursuant to Commission Rule November 22, 2004, complainants and
ACTION: Notice. 210.16, for an order to show cause and the IA submitted their main briefs, and
entry of a default judgement against on December 1, 2004, the complainants
SUMMARY: Notice is hereby given that Crown AirMunition Holding, and the IA submitted reply briefs.
the U.S. International Trade AirMunition International Corp., AMI Complainants and the IA both
Commission has issued a limited Corp. SA, and AirMunition North maintained that the appropriate remedy
exclusion order and a cease and desist America Inc. (collectively ‘‘the is a limited exclusion order and a cease
order against a respondent found in AirMunition respondents’’). The and desist order.
default in the above-captioned Commission investigative attorney The Commission found that each of
investigation. (‘‘IA’’) supported the motion. None of the statutory requirements of section
the respondents responded to the 337(g)(1)(A)–(E), 19 U.S.C.
FOR FURTHER INFORMATION CONTACT:
motion. On May 12, 2004, the 1337(g)(1)(A)–(E), has been met with
Michael K. Haldenstein, Esq., Office of
administrative law judge (‘‘ALJ’’) issued respect to the defaulting AirMunition
the General Counsel, U.S. International
Order No. 6, requiring the AirMunition respondents. Accordingly, pursuant to
Trade Commission, 500 E Street, SW.,
respondents to show cause why they section 337(g)(1), 19 U.S.C. 1337(g)(1),
Washington, DC 20436, telephone (202)
should not be held in default, having and Commission rule 210.16(c) 19 CFR
205–3041. Copies of non-confidential
not responded to either the complaint or 210.16(c), the Commission presumed
documents filed in connection with this
the notice of investigation. The the facts alleged in the amended
investigation are or will be available for complaint to be true.
respondents did not respond to the
inspection during official business The Commission determined that the
show cause order. On August 16, 2004,
hours (8:45 a.m. to 5:15 p.m.) in the appropriate form of relief in this
complainants filed a motion for an order
Office of the Secretary, U.S. investigation is a limited exclusion
finding the AirMunition respondents in
International Trade Commission, 500 E order prohibiting the unlicensed entry
default due to the respondents’ failure
Street, SW., Washington, DC 20436, of certain gun barrels used in firearms
to respond to the ALJ’s show cause
telephone (202) 205–2000. General training systems by reason of
order.
information concerning the Commission On September 21, 2004, the ALJ infringement of one or more of the
may also be obtained by accessing its issued an ID finding the AirMunition following claims: claims 1, 2, 4, 5, 8, 15,
Internet server (http://www.usitc.gov). respondents in default. Pursuant to 21, 22, or 26 of the ‘180 patent or claims
The public record for this investigation Commission Rule 210.16(b)(3), the ALJ 1–3, 7, 9, 14–18, 20, 24, 27, 32, 33, 37–
may be viewed on the Commission’s also found that the AirMunition 40, 44, 45, 49–51, or 54 of the ‘365
electronic docket (EDIS) at http:// respondents had waived their right to patent. The order covers certain gun
edis.usitc.gov. Hearing-impaired appear, be served with documents or barrels used in firearms training systems
persons are advised that information on contest the allegations in the complaint. that are manufactured abroad by or on
this matter can be obtained by No petitions for review of this ID were behalf of, or imported by or on behalf
contacting the Commission’s TDD filed. On October 12, 2004, the ALJ’s ID of the AirMunition respondents or any
terminal on (202) 205–1810. became the Commission’s final of their affiliated companies, parents,
SUPPLEMENTARY INFORMATION: This determination after the Commission subsidiaries, or other related business
patent-based section 337 investigation issued a notice indicating that it would entities, or their successors or assigns.
was instituted by the Commission based not review the ID. On October 12, 2004, The Commission also determined to
on a complaint filed by Beamhit, LLC, pursuant to Commission Rule of issue a cease and desist order
and Safeshot, LLC, both of Columbia, Practice and Procedure 210.16(c)(1), 19 prohibiting AirMunition North America
Maryland, and Safeshot, Inc., of New CFR 210.16(c)(1), complainants filed a Inc. from importing, selling, marketing,
York, New York. 69 FR 12346 (March declaration seeking immediate entry of advertising, distributing, offering for
16, 2004). The complainants alleged relief against the AirMunition sale, transferring (except for
violations of section 337 in the respondents. exportation), and soliciting U.S. agents
importation into the United States, the The complainants and the non- or distributors for certain gun barrels
sale for importation, and the sale within defaulting respondents, Widec and AMI, covered by the above-mentioned claims
the United States after importation of filed a joint motion to terminate the of the ‘180 patent and ‘365 patent. The
certain gun barrels used in firearms investigation as to Widec and AMI on Commission further determined that the
training systems by reason of September 2, 2004. The joint motion public interest factors enumerated in
infringement of claims 1, 2, 4, 5, 8, 15, was based on a proposed consent order, section 337(g)(1), 19 U.S.C. 1337(g)(1),
21, 22, and 26 of U.S. Patent No. filed pursuant to a settlement agreement do not preclude issuance of the limited
5,829,180 (‘‘180 patent’’) and claims 1– and a limited license. The IA filed a exclusion order and cease and desist

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