In the Matter of Certain Foam Footwear; Notice of Commission Determination to Review-In-Part a Final Initial Determination Finding No Violation of Section 337, 35710-35711 [E8-14179]
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Federal Register / Vol. 73, No. 122 / Tuesday, June 24, 2008 / Notices
Dated: May 30, 2008.
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E8–14230 Filed 6–23–08; 8:45 am]
BILLING CODE 4312–50–S
DEPARTMENT OF THE INTERIOR
National Park Service
Notice of Inventory Completion:
University of Hawai‘i at Hilo,
Department of Anthropology, Hilo, HI
National Park Service, Interior.
Notice.
AGENCY:
ebenthall on PRODPC60 with NOTICES
ACTION:
Notice is here given in accordance
with the Native American Graves
Protection and Repatriation Act
(NAGPRA), 25 U.S.C. 3003, of the
completion of an inventory of human
remains in the possession and control of
the University of Hawai‘i at Hilo,
Department of Anthropology, Hilo, HI.
The human remains were removed from
Hawai‘i Island, HI.
This notice is published as part of the
National Park Service’s administrative
responsibilities under NAGPRA, 25
U.S.C. 3003 (d)(3). The determinations
in this notice are the sole responsibility
of the museum, institution, or Federal
agency that has control of the Native
American human remains. The National
Park Service is not responsible for the
determinations in this notice.
A detailed assessment of the human
remains was made by University of
Hawai‘i at Hilo professional staff in
consultation with representatives of the
Hawai‘i Island Burial council, Hui
Malama I Na Kupuna O Hawai‘i Nei,
and Office of Hawaiian Affairs.
In the late 1970s or early 1980s,
human remains representing a
minimum of one individual were
removed from an unknown shoreline
location near the old Kona Airport in
the North Kona District, Hawai‘i Island,
HI. An unknown student delivered the
human remains to faculty in the
anthropology department at that time.
No known individual was identified. No
associated funerary objects are present.
The human remains are heavily
weathered and come from an area where
shoreline erosion of Native Hawaiian
human remains is well documented.
Property ownership in the area includes
both State land and private land and it
is unclear where the human remains
originated. Based on the lack of
definitive information of removal and
location, the University of Hawai‘i at
Hilo has proceeded as the responsible
entity.
Officials of the University of Hawai‘i
at Hilo have determined that, pursuant
VerDate Aug<31>2005
12:39 Jun 23, 2008
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to 25 U.S.C. 3001 (9–10), the human
remains described above represent the
physical remains of one individual of
Native Hawaiian ancestry. Officials of
the University of Hawai‘i at Hilo also
have determined that, pursuant to 25
U.S.C. 3001 (2), there is a relationship
of shared group identity that can be
reasonably traced between the Native
Hawaiian human remains and Hui
Malama I Na Kupuna O Hawai‘i Nei and
Office of Hawaiian Affairs.
Representatives of any other Native
Hawaiian Organization or Indian tribe
that believes itself to be culturally
affiliated with the human remains
should contact Peter R. Mills,
Department of Anthropology, Social
Sciences Division, University of Hawai‘i
at Hilo, 200 West Kawili Street, Hilo, HI
96720–4091, telephone (808) 974–7465,
before July 24, 2008. Repatriation of the
human remains jointly to the Hui
Malama I Na Kupuna O Hawai‘i Nei and
Office of Hawaiian Affairs may proceed
after that date if no additional claimants
come forward.
The University of Hawai‘i at Hilo is
responsible for notifying the Hawai‘i
Island Burial council, Hui Malama I Na
Kupuna O Hawai‘i Nei, and Office of
Hawaiian Affairs that this notice has
been published.
Dated: May 30, 2008
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E8–14227 Filed 6–23–08; 8:45 am]
BILLING CODE 4312–50–S
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–567]
In the Matter of Certain Foam
Footwear; Notice of Commission
Determination to Review-In-Part a Final
Initial Determination Finding No
Violation of Section 337
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
SUMMARY: Notice is hereby given that
the U.S. International Trade
Commission has determined to reviewin-part the presiding administrative law
judge’s (‘‘ALJ’’) final determination (ID)
finding no violation of section 337 in
the above-captioned investigation with
respect to U.S. Patent No. 6,993,858
(‘‘the ‘858 patent) and U.S. Patent No.
D517,789 (‘‘the ‘789 patent’’).
FOR FURTHER INFORMATION CONTACT:
Clint Gerdine, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street, SW.,
PO 00000
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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 https://www.usitc.gov.
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
edis.usitc.gov. Hearing-impaired
persons are advised that information on
this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on May 11, 2006, based on a complaint,
as amended, filed by Crocs, Inc.
(‘‘Crocs’’) of Niwot, Colorado. 71 FR
27514 (2006). The amended complaint
alleges violations of section 337 of the
Tariff Act of 1930, as amended (19
U.S.C. 1337), in the importation into the
United States, the sale for importation,
and the sale within the United States
after importation of certain foam
footwear, by reason of infringement of
claims 1–2 of U.S. Patent No. 6,993,858;
U.S. Patent No. D517,789; and the Crocs
trade dress (the image and overall
appearance of Crocs-brand footwear).
The complaint further alleges that an
industry in the United States exists as
required by subsection (a)(2) of section
337. The complaint requests that the
Commission issue a permanent general
exclusion order and permanent cease
and desist orders. The complaint
identifies 11 respondents that include:
(1) Collective Licensing International,
LLC (‘‘Collective’’) of Englewood,
Colorado; (2) Double Diamond
Distribution Ltd. (‘‘Double Diamond’’) of
Saskatoon, Saskatchewan; (3)
Effervescent Inc. (‘‘Effervescent’’) of
Fitchburg, Massachusetts; (4) Gen-X
Sports, Inc. (‘‘Gen-X Sports’’) of
Toronto, Ontario; (5) Holey Shoes
Holding Ltd. (‘‘Holey Shoes’’) of
Vancouver, British Columbia; (6)
Australia Unlimited, Inc. of Seattle,
Washington; (7) Cheng’s Enterprises Inc.
of Carlstadt, New Jersey; (8) D. Myers &
Sons, Inc. of Baltimore, Maryland; (9)
Inter-Pacific Trading Corp. of Los
Angeles, California; (10) Pali Hawaii of
Honolulu, Hawaii; and (11) Shaka Shoes
of Kaliua-Kona, Hawaii. The
Commission terminated the
investigation as to the trade dress
allegation on September 11, 2006. A
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Federal Register / Vol. 73, No. 122 / Tuesday, June 24, 2008 / Notices
twelfth respondent, Old Dominion
Footwear, Inc. of Madison Heights,
Virginia, was added to the investigation
on October 10, 2006. All but five
respondents have been terminated from
the investigation on the basis of a
consent order, settlement agreement, or
undisputed Commission determination
of non-infringement. The five remaining
respondents are: (1) Collective; (2)
Double Diamond; (3) Effervescent; (4)
Gen-X Sports; and (5) Holey Shoes.
On April 11, 2008, the ALJ issued his
final ID finding no violation of section
337 by the remaining respondents. On
April 24, 2008, the Commission issued
a notice extending the deadline for
determining whether to review the final
ID by 15 days to June 11, 2008. On June
11, 2008, the Commission issued a
notice extending the deadline for
determining whether to review the final
ID by 7 days to June 18, 2008.
Upon considering the parties’ filings,
the Commission has determined to
review-in-part the final ID. Specifically,
with respect to the ‘789 patent, the
Commission has determined to review
the ALJ’s findings concerning noninfringement by the respondents’
products and lack of satisfaction of the
technical prong of the domestic industry
requirement by Crocs’ footwear. The
Commission has also determined to
review the ALJ’s finding of invalidity
with respect to the ‘858 patent. The
Commission does not request any
further written submissions at this time.
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 210.42–45 of the Commission’s
Rules of Practice and Procedure, 19 CFR
210.42–45.
By order of the Commission.
Issued: June 18, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8–14179 Filed 6–23–08; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
ebenthall on PRODPC60 with NOTICES
Notice of Lodging of Consent Decree
Under the Clean Water Act
Notice is hereby given that on June
11, 2008, a proposed Consent Decree in
United States et al. v. Centex Homes, a
Nevada General Partnership, Civil
Action No. 1:08CV605 was lodged with
the United States District Court for the
Eastern District of Virginia.
In this action the United States sought
civil penalties and injunctive relief for
alleged violations of the Clean Water
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12:39 Jun 23, 2008
Jkt 214001
Act (‘‘CWA’’), 33 U.S.C. 1311 et seq., as
well as violations of state and federal
National Pollutant Discharge
Elimination System (‘‘NPDES’’) permits
governing the discharge of storm water
from Centex’s construction sites. The
proposed consent decree would require
Centex to pay a civil penalty of
$1,485,000 and implement a companywide compliance program that goes
beyond current regulatory requirements.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
relating to the Consent Decree.
Comments should be addressed to the
Assistant Attorney General,
Environment and Natural Resources
Division, and either e-mailed to
pubcomment-ees.enrd@usdoj.gov or
mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, and should refer to United
States v. Centex Homes, D.J. Ref. No.
90–5–1–1–08059.
The consent decree and associated
appendices may be examined at the
Office of the United States Attorney,
Eastern District of Virginia, 2100
Jamieson Avenue, Alexandria, Virginia
22314. During the public comment
period, the consent decree also may be
examined on the following Department
of Justice Web site: https://
www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
consent decree and the associated
appendices 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 $ 39.25 (25 cents per
page reproduction cost) payable to the
U.S. Treasury or, if by e-mail or fax,
forward a check in that amount to the
Consent Decree Library at the stated
address. To obtain a copy of the
proposed consent decree exclusive of
exhibits, please enclose a check in the
amount of $19.50 (25 cents per page
reproduction cost) payable to the U.S.
Treasury. All requests for documents
should refer to United States v. Centex
Homes, Civil Action Number
1:08CV605, and D.J. Ref. No. 90–5–1–1–
08059.
Karen Dworkin,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. E8–14095 Filed 6–23–08; 8:45 am]
BILLING CODE 4410–15–P
PO 00000
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35711
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Clean Water Act
Notice is hereby given that on June
11, 2008, a proposed Consent Decree in
United States et al. v. KB Home, Civil
Action No. 1:08CV603 was lodged with
the United States District Court for the
Eastern District of Virginia.
In this action the United States sought
civil penalties and injunctive relief for
alleged violations of the Clean Water
Act (‘‘CWA’’), 33 U.S.C. 1311 et seq., as
well as violations of state and federal
National Pollutant Discharge
Elimination System (‘‘NPDES’’) permits
governing the discharge of storm water
from KB Home’s construction sites. The
proposed consent decree would require
KB Home to pay a civil penalty of
$1,185,000 and implement a companywide compliance program that goes
beyond current regulatory requirements.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
relating to the Consent Decree.
Comments should be addressed to the
Assistant Attorney General,
Environment and Natural Resources
Division, and either e-mailed to
pubcomment-ees.enrd@usdoj.gov or
mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, and should refer to United
States v. KB Home, D.J. Ref. No. 90–5–
1–1–08057.
The consent decree and associated
appendices may be examined at the
Office of the United States Attorney,
Eastern District of Virginia, 2100
Jamieson Avenue, Alexandria, Virginia
22314. During the public comment
period, the consent decree also may be
examined on the following Department
of Justice Web site: https://
www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
consent decree and the associated
appendices 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 $34.75 (25 cents per
page reproduction cost) payable to the
U.S. Treasury or, if by e-mail or fax,
forward a check in that amount to the
Consent Decree Library at the stated
address. To obtain a copy of the
proposed consent decree exclusive of
exhibits, please enclose a check in the
E:\FR\FM\24JNN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 122 (Tuesday, June 24, 2008)]
[Notices]
[Pages 35710-35711]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14179]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-567]
In the Matter of Certain Foam Footwear; Notice of Commission
Determination to Review-In-Part a Final Initial Determination Finding
No Violation of Section 337
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review-in-part the presiding
administrative law judge's (``ALJ'') final determination (ID) finding
no violation of section 337 in the above-captioned investigation with
respect to U.S. Patent No. 6,993,858 (``the `858 patent) and U.S.
Patent No. D517,789 (``the `789 patent'').
FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 708-5468. Copies of non-
confidential documents filed in connection with this investigation are
or will be available for inspection during official business hours
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street, SW., Washington, DC
20436, telephone (202) 205-2000. General information concerning the
Commission may also be obtained by accessing its Internet server at
https://www.usitc.gov. The public record for this investigation may be
viewed on the Commission's electronic docket (EDIS) at https://
edis.usitc.gov. Hearing-impaired persons are advised that information
on this matter can be obtained by contacting the Commission's TDD
terminal on (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on May 11, 2006, based on a complaint, as amended, filed by Crocs, Inc.
(``Crocs'') of Niwot, Colorado. 71 FR 27514 (2006). The amended
complaint alleges violations of section 337 of the Tariff Act of 1930,
as amended (19 U.S.C. 1337), in the importation into the United States,
the sale for importation, and the sale within the United States after
importation of certain foam footwear, by reason of infringement of
claims 1-2 of U.S. Patent No. 6,993,858; U.S. Patent No. D517,789; and
the Crocs trade dress (the image and overall appearance of Crocs-brand
footwear). The complaint further alleges that an industry in the United
States exists as required by subsection (a)(2) of section 337. The
complaint requests that the Commission issue a permanent general
exclusion order and permanent cease and desist orders. The complaint
identifies 11 respondents that include: (1) Collective Licensing
International, LLC (``Collective'') of Englewood, Colorado; (2) Double
Diamond Distribution Ltd. (``Double Diamond'') of Saskatoon,
Saskatchewan; (3) Effervescent Inc. (``Effervescent'') of Fitchburg,
Massachusetts; (4) Gen-X Sports, Inc. (``Gen-X Sports'') of Toronto,
Ontario; (5) Holey Shoes Holding Ltd. (``Holey Shoes'') of Vancouver,
British Columbia; (6) Australia Unlimited, Inc. of Seattle, Washington;
(7) Cheng's Enterprises Inc. of Carlstadt, New Jersey; (8) D. Myers &
Sons, Inc. of Baltimore, Maryland; (9) Inter-Pacific Trading Corp. of
Los Angeles, California; (10) Pali Hawaii of Honolulu, Hawaii; and (11)
Shaka Shoes of Kaliua-Kona, Hawaii. The Commission terminated the
investigation as to the trade dress allegation on September 11, 2006. A
[[Page 35711]]
twelfth respondent, Old Dominion Footwear, Inc. of Madison Heights,
Virginia, was added to the investigation on October 10, 2006. All but
five respondents have been terminated from the investigation on the
basis of a consent order, settlement agreement, or undisputed
Commission determination of non-infringement. The five remaining
respondents are: (1) Collective; (2) Double Diamond; (3) Effervescent;
(4) Gen-X Sports; and (5) Holey Shoes.
On April 11, 2008, the ALJ issued his final ID finding no violation
of section 337 by the remaining respondents. On April 24, 2008, the
Commission issued a notice extending the deadline for determining
whether to review the final ID by 15 days to June 11, 2008. On June 11,
2008, the Commission issued a notice extending the deadline for
determining whether to review the final ID by 7 days to June 18, 2008.
Upon considering the parties' filings, the Commission has
determined to review-in-part the final ID. Specifically, with respect
to the `789 patent, the Commission has determined to review the ALJ's
findings concerning non-infringement by the respondents' products and
lack of satisfaction of the technical prong of the domestic industry
requirement by Crocs' footwear. The Commission has also determined to
review the ALJ's finding of invalidity with respect to the `858 patent.
The Commission does not request any further written submissions at this
time.
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 210.42-45 of the Commission's Rules of Practice and
Procedure, 19 CFR 210.42-45.
By order of the Commission.
Issued: June 18, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-14179 Filed 6-23-08; 8:45 am]
BILLING CODE 7020-02-P
