Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 71377 

ALABAMA 

Baldwin County 

Jenkins Farm and House (Boundary Increase), 

29040 Jenkins Farm Rd., Loxley, 

BC100009548 

Lowndes County 

Campsite 2: Rosie Steele Property, 5892–5876 

Highway 80 W, White Hall vicinity, 

SG100009549 

Morgan County 

Simpson’s Florist, 902 6th Avenue SE, 

Decatur, SG100009550 

KANSAS 

Douglas County 

Lone Star Lake Civilian Conservation Corps 

(CCC) Camp, (New Deal-Era Resources of 

Kansas MPS), 660 E 665 Road, Lawrence 

vicinity, MP100009545 

WEST VIRGINIA 

Morgan County 

Paw Paw Old Mayor’s Office and Jail, 93 Lee 

Street, Paw Paw, SG100009542 

Randolph County 

Davis & Elkins College Historic District 

Portions of Campus Drive, Harpertown Road, 

Graceland Drive, Allen Street & Residential 

Drive, and College Drive, Elkins, 

SG100009540 

Wayne County 

Stark, Henry and Julia Hoard, House, 359 B 

Street, Ceredo, SG100009543 

Wood County 

Downtown Parkersburg Historic District, 

Portions of Juliana, Market, Avery, and 

Second through Eighth Streets and 

Williams Court Alley and Phillips Court 

Alley, Parkersburg, SG100009541 

WISCONSIN 

Dane County 

Willard and Fern Tompkins House, 110 

Henuah Circle, Monona, SG100009539 

A request for removal has been made 

for the following resource(s): 

NORTH DAKOTA 

Golden Valley County 

Sentinel Butte Public School, Byron St., 

Sentinel Butte, OT82001313 

Additional documentation has been 

received for the following resource(s): 

ILLINOIS 

Kane County 

Aurora Broadway Historic District 

(Additional Documentation), Roughly 

bounded by the Fox R., East New York St., 

the Burlington Northern & Santa Fe 

Railroad tracks, and East Benton St., 

Aurora, AD100008483 

MISSISSIPPI 

Panola County 

Como Commercial Historic District, (Johnson, 

Andrew, Architecture in North Mississippi 

TR), Roughly bounded by Elder Frank 

Ward St. on the W and N Main St. on the 

E. On the N bounded by Church Ave., 

Como, AD08000675 

Authority: Section 60.13 of 36 CFR 

part 60. 

Sherry A. Frear, 

Chief, National Register of Historic Places/ 

National Historic Landmarks Program. 

[FR Doc. 2023–22771 Filed 10–13–23; 8:45 am] 

BILLING CODE 4312–52–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1363] 

Certain Lidar (Light Detection and 

Ranging) Systems and Components 

Thereof; Notice of Commission 

Determination To Review and, on 

Review, To Affirm With Modification an 

Initial Determination Terminating the 

Investigation in Its Entirety Based on 

an Arbitration Agreement; Termination 

of Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to review 

and, on review, to affirm with 

modification an initial determination 

(‘‘ID’’) (Order No. 10) of the presiding 

administrative law judge (‘‘ALJ’’) 

granting a motion to terminate the 

investigation in its entirety based upon 

an arbitration agreement. The 

investigation is terminated. 

FOR FURTHER INFORMATION CONTACT: 

Namo Kim, Esq., Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

205–3459. Copies of non-confidential 

documents filed in connection with this 

investigation may be viewed on the 

Commission’s electronic docket (EDIS) 

at https://edis.usitc.gov. For help 

accessing EDIS, please email 

EDIS3Help@usitc.gov. General 

information concerning the Commission 

may also be obtained by accessing its 

internet server at https://www.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: On May 

17, 2023, the Commission instituted this 

investigation under section 337 of the 

Tariff Act of 1930, as amended, 19 

U.S.C. 1337 (‘‘section 337’’), based on a 

complaint filed by Ouster, Inc. of San 

Francisco, CA (‘‘Ouster’’). See 88 FR 

31519–20 (May 17, 2023). The 

complaint alleges violations of section 

337 based upon the importation into the 

United States, the sale for importation, 

and the sale within the United States 

after importation of certain LiDAR 

(Light Detection and Ranging) systems 

and components thereof by reason of the 

infringement of certain claims of U.S. 

Patent Nos. 11,175,405; 11,178,381; 

11,190,750; 11,287,515; and 11,422,236. 

Id. The notice of investigation names as 

respondents Hesai Group of Shanghai, 

China; Hesai Technology Co., Ltd. of 

Shanghai, China; and Hesai Inc. of Palo 

Alto, CA (collectively, ‘‘Hesai’’). Id. The 

Office of Unfair Import Investigations 

(‘‘OUII’’) is also participating in this 

investigation. Id. 

On June 22, 2023, Hesai filed a 

motion to terminate or alternatively stay 

the investigation in its entirety based 

upon an arbitration provision in a 2020 

Litigation Settlement and Patent CrossLicense Agreement (‘‘Settlement 

Agreement’’) between Hesai Photonics 

Technology Co. Ltd. (‘‘Hesai Photonics,’’ 

a subsidiary of respondent Hesai Group) 

and Velodyne Lidar, Inc. (‘‘Velodyne,’’ 

now merged with Ouster). On July 7, 

2023, Ouster filed an opposition to the 

motion and OUII filed a response in 

support of the motion. On July 12, 2023, 

a case management conference was held 

to give each of the parties an 

opportunity to discuss the motion to 

terminate or stay. 

On July 17, 2023, Ouster filed a 

supplemental brief. On July 18, 2023, 

OUII filed a sur-reply to Ouster’s 

opposition. On July 20, 2023, Hesai filed 

a sur-reply to Ouster’s opposition. 

On August 24, 2023, the ALJ issued 

the subject ID (Order No. 10) pursuant 

to Commission Rule 210.21(d), 19 CFR 

210.21(d), granting the motion to 

terminate the investigation in its 

entirety under 19 U.S.C. 1337(c) because 

of an arbitration agreement. In 

particular, the ID finds that (1) ‘‘a valid 

arbitration agreement at ¶ 9.5 exists as 

part of the Settlement Agreement that 

binds Ouster and Hesai,’’ (2) ‘‘the 

arbitrability of the dispute between 

Ouster and Hesai . . . rests with 

[Judicial Arbitration and Mediation 

Services, Inc.], London,’’ and (3) ‘‘Hesai 

did not waive its right to arbitrate as 

Ouster argues.’’ See ID at 4. 

On August 31, 2023, Ouster filed a 

petition for review of the ID with the 

Commission. On September 8, 2023, 

Hesai and OUII filed their responses to 

Ouster’s petition. 

On September 12, 2023, Ouster filed 

a notice of recent developments 

explaining that, on September 5, 2023, 


ddrumheller on DSK120RN23PROD with NOTICES1
71378 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 

Hesai filed petitions for inter partes 

review before the Patent Trial and 

Appeal Board with respect to two of the 

patents at issue in this investigation. On 

September 14, 2023, Hesai and OUII 

filed their responses to Ouster’s notice 

of recent developments. 

The Commission has determined to 

review and, on review, to affirm the 

subject ID with modification. In 

particular, the Commission strikes the 

‘‘wholly groundless’’ legal standard 

discussion and analysis at pages 11–12 

and 16 of the subject ID, including the 

following statements: (1) ‘‘[T]he ALJ 

then must make a secondary inquiry to 

determine whether the assertion of 

arbitrability is ‘wholly groundless.’ If it 

is determined that the assertion of 

arbitrability is not ‘wholly groundless.’ ’’ 

ID at 11. (2) ‘‘Therefore, Hesai’s claim 

for arbitration is not ‘wholly 

groundless.’ ’’ ID at 11–12. (3) ‘‘In other 

words, the demand for arbitration is ‘not 

wholly groundless.’ ’’ ID at 16. The 

Supreme Court previously overruled the 

‘‘wholly groundless’’ exception, holding 

that ‘‘[w]hen the parties’ contract 

delegates the arbitrability question to an 

arbitrator, a court may not override the 

contract . . . even if the court thinks 

that the argument that the arbitration 

agreement applies to a particular 

dispute is wholly groundless . . . In 

sum, we reject the ‘wholly groundless’ 

exception.’’ Henry Schein, Inc. v. Archer 

& White Sales, Inc., 139 S. Ct. 524, 529– 

31 (2019). 

The Commission also addresses a 

typographical error at page 10 of the 

subject ID by modifying ‘‘See id. at 

¶ 9.5’’ to state ‘‘See id. at ¶ 9.4.’’ This is 

a citation for the sentence in the subject 

ID that states ‘‘[t]he Choice of Law for 

purposes of construing the Settlement 

Agreement is designated as California 

law,’’ and Section 9.4 of the Settlement 

Agreement on ‘‘Governing Law’’ is the 

section that determines the choice of 

law for the Settlement Agreement. 

With regard to Ouster’s notice of 

recent developments, the Commission 

finds that, under the facts of this 

investigation, Hesai’s separately filed 

inter partes review petitions do not 

prevent the Commission from 

determining that the investigation must 

be terminated in favor of arbitration. 

The Commission also notes that the 

Settlement Agreement provides that 

‘‘either Party shall have the right to 

challenge the validity and enforceability 

of any Patent in defense to a suit or 

assertion of a claim relating to any such 

Patent that is brought against a Party or 

alleging infringement by a Licensee 

Product or a Velodyne Product.’’ 

Settlement Agreement section 3.4 

(‘‘Contesting Validity’’). 

The investigation is terminated. 

The Commission vote for this 

determination took place on October 10, 

2023. 

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 part 

210 of the Commission’s Rules of 

Practice and Procedure (19 CFR part 

210). 

By order of the Commission. 

Issued: October 11, 2023. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2023–22754 Filed 10–13–23; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Consent Decree Under the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) 

On October 10, 2023, the Department 

of Justice lodged a proposed Consent 

Decree with the United States District 

Court for the District of Nebraska in the 

lawsuit entitled United States of 

America v. Dravo Corp., et al., Civ. No. 

8:01–cv–00500–JFB–TBT (D. Neb.). 

The proposed consent decree resolves 

claims against Desco Corporation 

pursuant to section 107(a) CERCLA for 

response costs incurred and to be 

incurred by EPA for Operable Unit 01 of 

the Hastings Groundwater 

Contamination Superfund Site and 

requires the Defendant to make a 

payment of $131,067 to EPA. 

The publication of this notice opens 

a period for public comment on the 

consent decree. Comments should be 

addressed to the Assistant Attorney 

General, Environment and Natural 

Resources Division, and should refer to 

United States of America v. Dravo 

Corp., et al., D.J. Ref. No. 90–11–2– 

1260/10. All comments must be 

submitted no later than thirty (30) days 

after the publication date of this notice. 

Comments may be submitted either by 

email or by mail: 

To submit 

comments: Send them to: 

By email ....... pubcomment-ees.enrd@

usdoj.gov. 

By mail ......... Assistant Attorney General, 

U.S. DOJ—ENRD, P.O. 

Box 7611, Washington, DC 

20044–7611. 

During the public comment period, 

the consent decree may be examined 

and downloaded at this Justice 

Department website: https://

www.justice.gov/enrd/consent-decrees. 

We will provide a paper copy of the 

consent decree upon written request 

and payment of reproduction costs. 

Please mail your request and payment 

to: Consent Decree Library, U.S. DOJ— 

ENRD, P.O. Box 7611, Washington, DC 

20044–7611. 

Please enclose a check or money order 

for $3.75 (25 cents per page 

reproduction cost) payable to the United 

States Treasury. 

Patricia McKenna, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2023–22775 Filed 10–13–23; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Senior Executive Service; Appointment 

of Members to the Performance 

Review Board 

Title 5 U.S.C. 4314(c)(4) provides that 

Notice of the Appointment of the 

individual to serve as a member of the 

Performance Review Board of the Senior 

Executive Service shall be published in 

the Federal Register. 

The following individuals are hereby 

appointed to serve on the Department’s 

Performance Review Board: 

Permanent Membership 

Chair—Nikki McKinney, Associate 

Deputy Secretary 

Vice-Chair—Carolyn AngusHornbuckle, Assistant Secretary for 

Administration and Management 

Alternate Vice-Chair—Sydney Rose, 

Chief Human Capital Officer 

Rotating Membership—Appointments 

Expire on 09/30/26 

BLS Tony Williams, Associate 

Commissioner for Technology and 

Survey Processing 

EBSA Amber Rivers, Director of 

Health Plan Standards and 

Compliance Assistance 

ETA Nicholas Lalpuis, Regional 

Administrator, Dallas 

ILAB Molly McCoy, Associate Deputy 

Undersecretary 

MSHA Brian Goepfert, Administrator 

for Mine Safety and Health 

Enforcement 

OASAM Carl Campbell, Senior 

Procurement Executive 

ODEP Jennifer Sheehy, Deputy 

Assistant Secretary 


ddrumheller on DSK120RN23PROD with NOTICES1