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 

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 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 

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; 


sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices 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 

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 

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 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: 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). 

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 

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, http://www.usdoj.gov/enrd/ 


sroberts on DSKD5P82C1PROD with NOTICES