Notice of Inventory Completion: Texas Department of Transportation, Austin, TX, 47272-47273 [E9-22217]
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47272
Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices
DEPARTMENT OF THE INTERIOR
National Park Service
Notice of Inventory Completion: Texas
Department of Transportation, Austin,
TX
National Park Service, Interior.
Notice.
AGENCY:
sroberts on DSKD5P82C1PROD 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 and associated funerary objects
in the possession of the Texas
Department of Transportation, Austin,
TX. The human remains and associated
funerary objects were removed from
Anderson County, TX.
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 and
associated funerary objects. The
National Park Service is not responsible
for the determinations in this notice.
A detailed assessment of the human
remains was made by the professional
archeological staff of the Texas
Department of Transportation, Coastal
Environments, Inc., Archeological &
Environmental Consultants, LLC, and
A.M. Wilson Associates, Inc., in initial
consultation with representatives from
the Caddo Nation of Oklahoma;
Cherokee Nation, Oklahoma; Choctaw
Nation of Oklahoma; Delaware Nation,
Oklahoma; Kialegee Tribal Town,
Oklahoma; Kickapoo Tribe of Indians of
the Kickapoo Reservation in Kansas;
Kickapoo Tribe of Oklahoma; Kickapoo
Traditional Tribe of Texas; Kiowa
Indian Tribe of Oklahoma; Mescalero
Apache Tribe of the Mescalero
Reservation, New Mexico; Pokagon
Band of Potawatomi Indians of
Michigan and Indiana; Quapaw Tribe of
Indians, Oklahoma; Thlopthlocco Tribal
Town, Oklahoma; United Keetoowah
Band of Cherokee Indians in Oklahoma;
and Wichita and Affiliated Tribes
(Wichita, Keechi, Waco & Tawakonie),
Oklahoma.
In 2004, human remains representing
a minimum of one individual were
removed from the Lang Pasture site,
41AN38, in Anderson County, TX. No
known individual was identified. The
eight associated funerary objects are one
elbow pipe, two carinated bowls, one
Poynor Engraved carinated bowl, one
red-slipped carinated bowl, one plain
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19:12 Sep 14, 2009
Jkt 217001
bowl with scalloped lip, one Maydelle
Incised jar, and one bottle.
In 2006, human remains representing
a minimum of eight individuals were
removed from the Lang Pasture Site,
41AN38, in Anderson County, TX. One
of the features excavated during this
time contained no human remains.
However, based on the preponderance
of the evidence, officials of the Texas
Department of Transportation
reasonably believe the artifacts
recovered from the feature are
associated funerary objects. No known
individuals were identified. The 27
associated funerary objects from these
burials are 1 elbow pipe, 2 Poynor
Engraved carinated bowls, 2 Poynor
Engraved compound bowls, 2 Poynor
Plain globular carinated bowls, 1 Poynor
Engraved bowl, 1 Maydelle Incised jar,
1 Killough Pinched bowl, 7 plain bowls,
4 carinated bowls, 1 plain bowl with
scalloped lip, 1 bottle, 1 engravedrocker-stamped seed jar or neckless
bottle, 1 compound vessel or widemouthed bottle with suspension holes,
1 untyped arrow point tip, and 1 ground
stone tool.
In 1983, Texas Department of
Transportation archeologists recorded
site 41AN38, the Lang Pasture site,
during shovel testing in State Highway
(SH) 155 right of way prior to a
proposed transportation project planned
to expand the highway from two to four
lanes. It was determined that the
highway project would destroy the
portion of site 41AN38 located within
the right of way.
In 2003, Hicks & Company completed
a more comprehensive archeological
survey. Cultural materials (e.g., Caddo
ceramic sherds, lithic debris, a possible
post hole feature with flecks of charcoal)
recovered during the Hicks
investigations led to a recommendation
for National Register of Historic Places
eligibility testing. In January and
February 2004, Coastal Environments,
Inc., conducted eligibility testing
excavations, as the Texas Department of
Transportation had determined that
preservation in place was not a feasible
option for that portion of site 41AN38
within the right of way. The site was
determined eligible for listing in the
National Register, and data recovery
excavations were designed to mitigate
the effects of construction on the site.
In consultation with the Caddo Nation
of Oklahoma, it was determined that the
portion of the Caddo cemetery within
the right of way of SH 155 was to be
excavated. The data recovery
excavations were conducted in 2006 by
Coastal Environments, Inc., and
Archeological & Environmental
PO 00000
Frm 00088
Fmt 4703
Sfmt 4703
Consultants, LLC, and additional human
remains were removed from the site.
Preliminary assessment based on
analysis of the ceramic types
represented in the recovered burial
assemblages, radiocarbon dates derived
from six of the burials, and the
placement of funerary offerings with the
skeletal remains, indicate that the
cemetery was used by Caddo groups
during time periods ranging from the
Formative Caddoan (A.D. 800–1000)
through the Late Caddoan (A.D. 1400–
1680). The Texas Department of
Transportation has determined that
based upon the burials and associated
funerary assemblages, that the Lang
Pasture site, 41AN38, was occupied by
a Caddo group. Descendants of the
Caddo are members of the Caddo Nation
of Oklahoma.
Officials of the Texas Department of
Transportation have determined that,
pursuant to 25 U.S.C. 3001 (9–10), the
human remains described above
represent the physical remains of nine
individuals of Native American
ancestry. Officials of the Texas
Department of Transportation also have
determined that, pursuant to 25 U.S.C.
3001 (3) (A), the 35 objects described
above are reasonably believed to have
been placed with or near individual
human remains at the time of death or
later as part of the death rite or
ceremony. Lastly, officials of the Texas
Department of Transportation have
determined, pursuant to 25 U.S.C. 3001
(2), there is a relationship of shared
group identity that can be reasonably
traced between the Native American
human remains and associated funerary
objects and the Caddo Nation of
Oklahoma.
Representatives of any other Indian
tribe that believes itself to be culturally
affiliated with the human remains and
associated funerary objects should
contact Scott Pletka, Ph.D., Supervisor,
Archeological Studies Program, Texas
Department of Transportation, 125 E.
11th St., Austin, TX 78701–2483,
telephone (512) 416–2631, before
October 15, 2009. Repatriation of the
human remains and associated funerary
objects to the Caddo Nation of
Oklahoma may proceed after that date if
no additional claimants come forward.
The Texas Department of
Transportation is responsible for
notifying the Caddo Nation of
Oklahoma; Cherokee Nation, Oklahoma;
Choctaw Nation of Oklahoma; Delaware
Nation, Oklahoma; Kialegee Tribal
Town, Oklahoma; Kickapoo Tribe of
Indians of the Kickapoo Reservation in
Kansas; Kickapoo Tribe of Oklahoma;
Kickapoo Traditional Tribe of Texas;
Kiowa Indian Tribe of Oklahoma;
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Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices
Mescalero Apache Tribe of the
Mescalero Reservation, New Mexico;
Pokagon Band of Potawatomi Indians of
Michigan and Indiana; Quapaw Tribe of
Indians, Oklahoma; Thlopthlocco Tribal
Town, Oklahoma; United Keetoowah
Band of Cherokee Indians in Oklahoma;
and Wichita and Affiliated Tribes
(Wichita, Keechi, Waco & Tawakonie),
Oklahoma that this notice has been
published.
Dated: August 14, 2009
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E9–22217 Filed 9–14–09; 8:45 am]
BILLING CODE 4312–50–S
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–556 (Remand)]
In the Matter of Certain HighBrightness Light-Emitting Diodes and
Products Containing Same; Notice of a
Commission Determination Not To
Review an Initial Determination
Terminating the Investigation
sroberts on DSKD5P82C1PROD with NOTICES
AGENCY: U.S. International Trade
Commission.
ACTION: Notice.
SUMMARY: Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review an initial determination (‘‘ID’’)
(Order No. 5) of the presiding
administrative law judge (‘‘ALJ’’)
terminating the above-captioned
investigation under section 337 of the
Tariff Act of 1930 (19 U.S.C. 1337)
based on withdrawal of the complaint.
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)
708–2310. 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.
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19:12 Sep 14, 2009
Jkt 217001
The
Commission instituted this investigation
on December 8, 2005, based on a
complaint filed by Lumileds Lighting
U.S., LLC of San Jose, California. 70 FR
73026. The complaint, as amended and
supplemented, 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 high-brightness light emitting
diodes and products containing same by
reason of infringement of claims 1 and
6 of U.S. Patent No. 5,008,718, claims 1–
3, 8–9, 16, 18, and 23–28 of U.S. Patent
No. 5,376,580, and claims 12–16 of U.S.
Patent No. 5,502,316. The complaint
further alleged the existence of a
domestic industry. The Commission’s
notice of investigation named Epistar
Corporation of Hsinchu, Taiwan, and
United Epitaxy Company of Hsinchu,
Taiwan as respondents. Subsequently,
respondents merged under the name
Epistar Corporation (‘‘Epistar’’).
The Commission terminated this
investigation on May 9, 2007, finding a
violation of section 337 and issuing a
limited exclusion order directed to
Epistar. Epistar appealed the
Commission’s determination to the U.S.
of Appeals for the Federal Circuit. The
Court issued its opinion on May 22,
2009, affirming in part, reversing in
part, and remanding the investigation to
the Commission. See Epistar Corp. v.
United States Int’l Trade Comm’n, 566
F.3d 1321 (Fed. Cir. 2009).
On August 5, 2009, complainant
moved to withdraw its complaint and
terminate the investigation in its
entirety.
The ALJ issued the subject ID on
August 18, 2009, granting the motion for
termination of the investigation. No
party petitioned for review of the ID
pursuant to 19 CFR 210.43(a), and the
Commission found no basis for ordering
a review on its own initiative pursuant
to 19 CFR 210.44. The Commission has
determined not to review the ID, and
accordingly the investigation is
terminated.
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 210.21 and 210.42(h), (i) of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.21, 210.42(h), (i).
SUPPLEMENTARY INFORMATION:
Issued: September 2, 2009.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9–22131 Filed 9–14–09; 8:45 am]
BILLING CODE 7020–02–P
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47273
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
under the Clean Water Act and the Oil
Pollution Act
Notice is hereby given that on August
19, 2009, a proposed Consent Decree in
United States of America and the State
of Indiana v. Countrymark Cooperative
LLP, Civil Action No. 1:09–cv–1018,
was lodged with the United States
District Court for the Southern District
of Indiana.
In this action the United States, on
behalf of the United States Department
of Interior, the United States Fish and
Wildlife Service, and the United States
Coast Guard; and the State of Indiana,
on behalf of the Indiana Department of
Environmental Management and the
Indiana Department of Natural
Resources, sought damages under the
Clean Water Act, 33 U.S.C. 1251 et seq.,
and the Oil Pollution Act, 33 U.S.C.
2701 et seq., for injury to, destruction of,
or loss of natural resources resulting
from a 2003 oil spill in the Wabash
River floodplain near Griffin, Indiana
(the ‘‘Spill’’). The Consent Decree
resolves the claims of the United States
and State of Indiana against
Countrymark Cooperative in connection
with the Spill. The Consent Decree
provides that Countrymark Cooperative
shall: (1) Undertake restoration
activities at a nearby park; (2) reimburse
a total of $22,800.12 in damage
assessment costs; and (3) pay the future
costs of overseeing the restoration work.
The U.S. 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. In either case, the
comments should refer to United States
of America and the State of Indiana v.
Countrymark Cooperative LLP, Civil
Action No. 1:09–cv–1018, D.J. Ref. 90–
5–1–1–08445.
During the comment period, the
Consent Decree may be examined at the
Office of the United States Attorney,
Southern District of Indiana, 10 W.
Market Street, Suite 2100, Indianapolis,
Indiana 46204–3048, and at the offices
of the U.S. Department of the Solicitor,
Three Parkway Center, Room 385,
Pittsburgh, PA 15220. The Consent
Decree, may also be examined on the
following Department of Justice Web
site, https://www.usdoj.gov/enrd/
E:\FR\FM\15SEN1.SGM
15SEN1
]]>Agencies
[Federal Register Volume 74, Number 177 (Tuesday, September 15, 2009)]
[Notices]
[Pages 47272-47273]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22217]
[[Page 47272]]
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DEPARTMENT OF THE INTERIOR
National Park Service
Notice of Inventory Completion: Texas Department of
Transportation, Austin, TX
AGENCY: National Park Service, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
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 and associated funerary
objects in the possession of the Texas Department of Transportation,
Austin, TX. The human remains and associated funerary objects were
removed from Anderson County, TX.
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 and associated funerary objects. The National
Park Service is not responsible for the determinations in this notice.
A detailed assessment of the human remains was made by the
professional archeological staff of the Texas Department of
Transportation, Coastal Environments, Inc., Archeological &
Environmental Consultants, LLC, and A.M. Wilson Associates, Inc., in
initial consultation with representatives from the Caddo Nation of
Oklahoma; Cherokee Nation, Oklahoma; Choctaw Nation of Oklahoma;
Delaware Nation, Oklahoma; Kialegee Tribal Town, Oklahoma; Kickapoo
Tribe of Indians of the Kickapoo Reservation in Kansas; Kickapoo Tribe
of Oklahoma; Kickapoo Traditional Tribe of Texas; Kiowa Indian Tribe of
Oklahoma; Mescalero Apache Tribe of the Mescalero Reservation, New
Mexico; Pokagon Band of Potawatomi Indians of Michigan and Indiana;
Quapaw Tribe of Indians, Oklahoma; Thlopthlocco Tribal Town, Oklahoma;
United Keetoowah Band of Cherokee Indians in Oklahoma; and Wichita and
Affiliated Tribes (Wichita, Keechi, Waco & Tawakonie), Oklahoma.
In 2004, human remains representing a minimum of one individual
were removed from the Lang Pasture site, 41AN38, in Anderson County,
TX. No known individual was identified. The eight associated funerary
objects are one elbow pipe, two carinated bowls, one Poynor Engraved
carinated bowl, one red-slipped carinated bowl, one plain bowl with
scalloped lip, one Maydelle Incised jar, and one bottle.
In 2006, human remains representing a minimum of eight individuals
were removed from the Lang Pasture Site, 41AN38, in Anderson County,
TX. One of the features excavated during this time contained no human
remains. However, based on the preponderance of the evidence, officials
of the Texas Department of Transportation reasonably believe the
artifacts recovered from the feature are associated funerary objects.
No known individuals were identified. The 27 associated funerary
objects from these burials are 1 elbow pipe, 2 Poynor Engraved
carinated bowls, 2 Poynor Engraved compound bowls, 2 Poynor Plain
globular carinated bowls, 1 Poynor Engraved bowl, 1 Maydelle Incised
jar, 1 Killough Pinched bowl, 7 plain bowls, 4 carinated bowls, 1 plain
bowl with scalloped lip, 1 bottle, 1 engraved-rocker-stamped seed jar
or neckless bottle, 1 compound vessel or wide-mouthed bottle with
suspension holes, 1 untyped arrow point tip, and 1 ground stone tool.
In 1983, Texas Department of Transportation archeologists recorded
site 41AN38, the Lang Pasture site, during shovel testing in State
Highway (SH) 155 right of way prior to a proposed transportation
project planned to expand the highway from two to four lanes. It was
determined that the highway project would destroy the portion of site
41AN38 located within the right of way.
In 2003, Hicks & Company completed a more comprehensive
archeological survey. Cultural materials (e.g., Caddo ceramic sherds,
lithic debris, a possible post hole feature with flecks of charcoal)
recovered during the Hicks investigations led to a recommendation for
National Register of Historic Places eligibility testing. In January
and February 2004, Coastal Environments, Inc., conducted eligibility
testing excavations, as the Texas Department of Transportation had
determined that preservation in place was not a feasible option for
that portion of site 41AN38 within the right of way. The site was
determined eligible for listing in the National Register, and data
recovery excavations were designed to mitigate the effects of
construction on the site.
In consultation with the Caddo Nation of Oklahoma, it was
determined that the portion of the Caddo cemetery within the right of
way of SH 155 was to be excavated. The data recovery excavations were
conducted in 2006 by Coastal Environments, Inc., and Archeological &
Environmental Consultants, LLC, and additional human remains were
removed from the site.
Preliminary assessment based on analysis of the ceramic types
represented in the recovered burial assemblages, radiocarbon dates
derived from six of the burials, and the placement of funerary
offerings with the skeletal remains, indicate that the cemetery was
used by Caddo groups during time periods ranging from the Formative
Caddoan (A.D. 800-1000) through the Late Caddoan (A.D. 1400-1680). The
Texas Department of Transportation has determined that based upon the
burials and associated funerary assemblages, that the Lang Pasture
site, 41AN38, was occupied by a Caddo group. Descendants of the Caddo
are members of the Caddo Nation of Oklahoma.
Officials of the Texas Department of Transportation have determined
that, pursuant to 25 U.S.C. 3001 (9-10), the human remains described
above represent the physical remains of nine individuals of Native
American ancestry. Officials of the Texas Department of Transportation
also have determined that, pursuant to 25 U.S.C. 3001 (3) (A), the 35
objects described above are reasonably believed to have been placed
with or near individual human remains at the time of death or later as
part of the death rite or ceremony. Lastly, officials of the Texas
Department of Transportation have determined, pursuant to 25 U.S.C.
3001 (2), there is a relationship of shared group identity that can be
reasonably traced between the Native American human remains and
associated funerary objects and the Caddo Nation of Oklahoma.
Representatives of any other Indian tribe that believes itself to
be culturally affiliated with the human remains and associated funerary
objects should contact Scott Pletka, Ph.D., Supervisor, Archeological
Studies Program, Texas Department of Transportation, 125 E. 11th St.,
Austin, TX 78701-2483, telephone (512) 416-2631, before October 15,
2009. Repatriation of the human remains and associated funerary objects
to the Caddo Nation of Oklahoma may proceed after that date if no
additional claimants come forward.
The Texas Department of Transportation is responsible for notifying
the Caddo Nation of Oklahoma; Cherokee Nation, Oklahoma; Choctaw Nation
of Oklahoma; Delaware Nation, Oklahoma; Kialegee Tribal Town, Oklahoma;
Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas;
Kickapoo Tribe of Oklahoma; Kickapoo Traditional Tribe of Texas; Kiowa
Indian Tribe of Oklahoma;
[[Page 47273]]
Mescalero Apache Tribe of the Mescalero Reservation, New Mexico;
Pokagon Band of Potawatomi Indians of Michigan and Indiana; Quapaw
Tribe of Indians, Oklahoma; Thlopthlocco Tribal Town, Oklahoma; United
Keetoowah Band of Cherokee Indians in Oklahoma; and Wichita and
Affiliated Tribes (Wichita, Keechi, Waco & Tawakonie), Oklahoma that
this notice has been published.
Dated: August 14, 2009
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E9-22217 Filed 9-14-09; 8:45 am]
BILLING CODE 4312-50-S
