26626 Federal Register / Vol. 63, No. 92 /Wednesday, May 13, 1998 / Notices

INTERNATIONAL TRADE

COMMISSION

[Investigation No. 337–TA–401]

Certain CD-ROM Controllers and

Products Containing Same; Notice of a

Commission Determination Not To

Review an Initial Determination

Terminating the Investigation on the

Basis of a Settlement Agreement and

Withdrawal of the Complaint

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 the presiding administrative law

judge’s (‘‘ALJ’s’’) initial determination

(‘‘ID’’) granting a joint motion to

terminate the above-captioned

investigation on the basis of a settlement

agreement and withdrawal of the

complaint.

FOR FURTHER INFORMATION CONTACT: Carl

P. Bretscher, Esq., Office of the General

Counsel, U.S. International Trade

Commission, telephone (202) 205–3107.

SUPPLEMENTARY INFORMATION: The

Commission instituted this investigation

on August 20, 1997, based on a

complaint filed by Oak Technology, Inc.

(‘‘Oak Technology’’). Oak Technology

alleged that respondents Winbond

Electronics Corp. (‘‘WEC’’), Winbond

Electronic North America Corp.,

Wearnes Technology (Private) Ltd.,

Wearnes Electronics Malaysia Snd.

Bhd., and Wearnes Peripheral

International (Pte.) Ltd. (collectively

‘‘respondents’’) violated section 337 of

the Tariff Act of 1930, as amended, 19

U.S.C. 1337, by importing, selling for

importation, or selling within the

United States after importation certain

CD-ROM controllers and products

containing same that infringe certain

claims of Oak Technology’s U.S. Letters

Patent 5,535,327 and U.S. Letters Patent

5,581,715.

On March 18, 1998, Oak Technology

and respondents filed a joint motion to

terminate the investigation based on a

settlement agreement between Oak

Technology and WEC and Oak

Technology’s agreement to withdraw its

complaint against the other

respondents.

On March 30, 1998, the Commission

investigative attorney (‘‘IA’’) moved to

make public certain additional portions

of the settlement agreement. The motion

was unopposed.

On April 15, 1998, the ALJ issued an

ID (Order No. 9) terminating the

investigation on the basis of the

settlement agreement and withdrawal of

the complaint. The ALJ also granted the

IA’s motion to make public certain

additional portions of the settlement

agreement. The ALJ found no indication

that termination of the investigation on

the basis of the settlement agreement

would adversely impact the public

interest. No party filed a petition to

review the subject ID.

This action is taken under the

authority of section 337 of the Tariff Act

of 1930, as amended, 19 U.S.C. 1337,

and Commission rule 210.21, 19 CFR

210.21. Copies of the ALJ’s ID and all

other nonconfidential 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, S.W.,

Washington, D.C. 20436, telephone 202–

205–2000. Hearing-impaired persons are

advised that information on this matter

can be obtained by contacting the

Commission’s TDD terminal on 202–

205–1810. General information

concerning the Commission may also be

obtained by accessing its Internet server

(http://www.usitc.gov).

Issued: May 8, 1998.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 98–12700 Filed 5–12–98; 8:45 am]

BILLING CODE 7020–02–P

INTERNATIONAL TRADE

COMMISSION

[Investigation No. 337–TA–410]

Certain Coated Optical Waveguide

Fibers and Products Containing Same;

Investigation

AGENCY: U.S. International Trade

Commission.

ACTION: Institution of investigation

pursuant to 19 U.S.C. 1337.

SUMMARY: Notice is hereby given that a

complaint was filed with the U.S.

International Trade Commission on

April 9, 1998, under section 337 of the

Tariff Act of 1930, as amended, 19

U.S.C. 1337, on behalf of Corning, Inc.,

1 Riverfront Plaza, Corning, NY 14831.

Supplements to the complaint were

filed on April 28, 1998, and May 6,

1998. The complaint, as supplemented,

alleges violations of section 337 in the

importation into the United States, the

sale for importation, and the sale within

the United States after importation of

certain coated optical waveguide fibers,

and products containing same, made by

a process that infringes claim 1 of U.S.

Letters Patent 4,792,347. The complaint

further alleges that there exists an

industry in the United States as required

by subsection (a)(2) of section 337.

The complainant requests that the

Commission institute an investigation

and, after the investigation, issue a

permanent limited exclusion order and

a permanent cease and desist order.

ADDRESSES: The complaint, except for

any confidential information contained

therein, is 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., Room

112, Washington, DC 20436, telephone

202–205–2000. Hearing-impaired

individuals are advised that information

on this matter can be obtained by

contacting the Commission’s TDD

terminal on 202–205–1810. Persons

with mobility impairments who will

need special assistance in gaining access

to the Commission should contact the

Office of the Secretary at 202–205–2000.

General information concerning the

Commission may also be obtained by

accessing its Internet server (http://

www.usitc.gov).

FOR FURTHER INFORMATION CONTACT:

Jeffrey R. Whieldon, Esq., Office of

Unfair Import Investigations, U.S.

International Trade Commission,

telephone 202–205–2580.

Authority: The authority for institution of

this investigation is contained in section 337

of the Tariff Act of 1930, as amended, and

in § 210.10 of the Commission’s rules of

practice and procedure, 19 CFR 210.10

(1997).

SCOPE OF INVESTIGATION: Having

considered the complaint, the U.S.

International Trade Commission, on

May 7, 1998, ordered that—

(1) Pursuant to subsection (b) of

section 337 of the Tariff Act of 1930, as

amended, an investigation be instituted

to determine whether there is a

violation of subsection (a)(1)(B) of

section 337 in the importation into the

United States, the sale for importation,

or the sale within the United States after

importation of certain coated optical

waveguide fibers, or products

containing same, made by a process that

infringes claim 1 of U.S. Letters Patent

4,792,347, and whether there exists an

industry in the United States as required

by subsection (a)(2) of section 337.

(2) For the purpose of the

investigation so instituted, the following

are hereby named as parties upon which

this notice of investigation shall be

served:
Federal Register / Vol. 63, No. 92 /Wednesday, May 13, 1998 / Notices 26627

(a) The complainant is—Corning

Incorporated, 1 Riverfront Plaza,

Corning, NY 14831.

(b) The respondents are the following

companies alleged to be in violation of

section 337, and are the parties upon

which the complaint is to be served:

Plasma Optical Fibre, B.V., Zwaanstraat

1, 5651 CA Eindhoven, The

Netherlands

Chromatic Technologies, Inc., 9 Forge

Park, Franklin, MA 02038

(c) Jeffrey R. Whieldon, Esq., Office of

Unfair Import Investigations, U.S.

International Trade Commission, 500 E

Street, SW, Room 401–H, Washington,

DC 20436, who shall be the Commission

investigative attorney, party to this

investigation; and

(3) For the investigation so instituted,

the Honorable Paul J. Luckern is

designated as the presiding

administrative law judge.

Responses to the complaint and the

notice of investigation must be

submitted by the named respondents in

accordance with § 210.13 of the

Commission’s rules of practice and

procedure, 19 CFR 210.13. Pursuant to

19 CFR 201.16(d) and 210.13(a), such

responses will be considered by the

Commission if received no later than 20

days after the date of service by the

Commission of the complaint and notice

of investigation. Extensions of time for

submitting responses to the complaint

will not be granted unless good cause

therefor is shown.

Failure of a respondent to file a timely

response to each allegation in the

complaint and in this notice may be

deemed to constitute a waiver of the

right to appear and contest the

allegations of the complaint and this

notice, and to authorize the

administrative law judge and the

Commission, without further notice to

the respondent, to find the facts to be as

alleged in the complaint and this notice

and to enter both an initial

determination and a final determination

containing such findings, and may

result in the issuance of a limited

exclusion order or a cease and desist

order or both directed against such

respondent.

Issued: May 8, 1998

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 98–12681 Filed 5–12–98; 8:45 am]

BILLING CODE 7020–02–P

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Pursuant to the Comprehensive

Environmental Response,

Compensation, and Liability Act

Notice is hereby given that a proposed

consent decree in United States v.

American Recovery Company, et al.,

Civil Action No. 95–1590, was lodged

on April 22, 1998 with the United States

District Court for the Western District of

Pennsylvania. The United States filed

this action pursuant to the

Comprehensive Environmental

Response, Compensation and Liability

Act (‘‘CERCLA’’) to recover past and

future response costs incurred at or in

connection with the Municipal and

Industrial Disposal Company Site. The

Consent Decree requires defendant

Neville Chemical Company to pay

$100,000 (plus interest) to reimburse a

portion of the United States’ past costs

associated with the investigation and

clean up of the Municipal & Industrial

Disposal Company Superfund Site

(‘‘Site’’), located in Elizabeth Township,

Pennsylvania.

The Department of Justice will

receive, for a period of thirty (30) days

from the date of this publication,

comments relating to the proposed

consent decree. Comments should be

addressed to the Assistant Attorney

General for the Environment and

Natural Resources Division, Department

of Justice, Washington, D.C. 20530, and

should refer to United States v.

American Recovery Company, et al., DO

Ref. #90–11–2–949.

The proposed consent decree may be

examined at the office of the United

States Attorney, 633 Post Office &

Courthouse, 7th & Grant Streets,

Pittsburgh, PA 15219; the Region III

Office of the Environmental Protection

Agency, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107; and

at the Consent Decree Library, 1120 G

Street, N.W., 4th Floor, Washington,

D.C. 20005, (202) 624–0892. A copy of

the proposed consent decree may be

obtained in person or by mail from the

Consent Decree Library, 1120 G Street,

N.W., 4th Floor, Washington, D.C.

20005. In requesting a copy please refer

to the referenced case and enclose a

check in the amount of $4.75 (25 cents

per page reproduction costs) for each

decree, payable to the Consent Decree

Library.

Joel M. Gross,

Chief, Environmental Enforcement Section,

Environment and Natural Resources Division.

[FR Doc. 98–12629 Filed 5–12–98; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Pursuant to the Clean Water Act

In accordance with Departmental

Policy, 28 C.F.R. § 50.7, notice is hereby

given that a consent decree in Clark

Fork Pend Oreille Coalition, et al. vs.

Idaho Transportation Department, et al.,

Civil No. 95–0300–N–EJL (D. Idaho),

was lodged with the United States

District Court for the District of Idaho on

April 15, 1998. The proposed consent

decree concerns violations of section

401 of the Clean Water Act, 33 U.S.C.

§§ 1342 and 1344(a), involving the

discharge of dredged or fill materials

into the Sand Creek, its tributaries and

adjacent ponds and wetlands by the

Idaho Department of Transportation

(‘‘DOT’’) during 1994 road construction

on U.S. Highway 95 in Bonner County,

Idaho.

The Consent Decree includes the

following terms: (1) Restoration of

environmental harm; (2) an admission

that ITD violated the CWA; (3) a penalty

of $200,00 to be deposited into a trust

account entitled ‘‘Clark Fork Pend

Oreille Wetlands Trust Fund,’’ to

protect, preserve, improve or enhance

wetlands in Bonner County within the

natural drainage to Pend Oreille Lake

and Clark Fork River; (4) develop a

program to educate ITD personnel about

the requirements of the CWA; (5)

establish an environmental inspector

position for each major highway

construction project to coordinate all

CWA permitting issues for ITD projects;

and, (6) adopt new contract procedures

providing standards for erosion control,

wetlands identification and the

incorporation of Section 404 Permits

into all construction contracts. The

Army Corps of Engineers’ headquarters,

and the Corps Walla Walla, Washington

District, as well as the United States

Attorney’s Office for the District of

Idaho, support the settlement.

The Department of Justice will receive

written comments relating to the

Consent Decree for a period of thirty

(30) days from the date of this notice.

Comments should be addressed to the

Assistant Attorney General, United

States Department of Justice, Attention:

Deborah A. Hill, Assistant United States

Attorney, District of Idaho, P.O. Box 32,

Boise, ID 83707, and should refer to

Clark Fork Pend Oreille Coalition, et al.

vs. Idaho Transportation Department, et

al., U.S. Attorney, No. reference N–95–

0096.

The Consent Decree may be examined

at the following offices: