Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Notices 61841 

Sharon Tube Co., Sharon, PA; Western 

Tube Conduit Corp., Long Beach, CA; 

Wheatland Tube Co., Wheatland, PA.; 

and the United Steelworkers of 

America, AFL–CIO, Pittsburgh, PA; the 

Commission instituted investigation No. 

TA–421–06, Circular Welded Non-Alloy 

Steel Pipe from China, under section 

421(b) of the Act to determine whether 

circular welded non-alloy steel pipe 

from China is being imported into the 

United States in such increased 

quantities or under such conditions as 

to cause or threaten to cause market 

disruption to the domestic producers of 

like or directly competitive products. 

Notice of the institution of the 

Commission’s investigation and of the 

scheduling of a public hearing to be 

held in connection therewith was given 

by posting a copy of the notice on the 

Commission’s Web site (www.usitc.gov) 

and by publishing the notice in the 

Federal Register of August 10, 2005 (70 

FR 46543). The hearing was held on 

September 16, 2005 in Washington, DC; 

all persons who requested the 

opportunity were permitted to appear in 

person or by counsel. 

The views of the Commission are 

contained in USITC Publication 3807 

(October 2005), entitled Circular Welded 

Non-alloy Steel Pipe from China: 

Investigation No. TA–421–6. 

Issued: October 21, 2005. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 05–21395 Filed 10–25–05; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–551] 

In the Matter of Certain Laser Bar Code 

Scanners and Scan Engines, 

Components Thereof and Products 

Containing Same; Notice of 

Investigation 

AGENCY: 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 

September 23, 2005, under section 337 

of the Tariff Act of 1930, as amended, 

19 U.S.C. 1337, on behalf of Symbol 

Technologies, Inc. of Holtsville, New 

York. An amended complaint was filed 

on October 14, 2005. The complaint, as 

amended, 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 laser bar code 

scanners and scan engines, components 

thereof and products containing same 

by reason of infringement of claim 48 of 

U.S. Patent No. 5,262,627, claims 7, 13, 

14, 17, and 18 of U.S. Patent No. 

5,545,889, claims 17 and 18 of U.S. 

Patent No. 5,917,173, claims 2 and 21 of 

U.S. Patent No. 5,457,308, and claims 1, 

2, and 4–6 of U.S. Patent No. 6,220,514. 

The complaint further alleges that an 

industry in the United States exists 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 

cease and desist orders. 

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 at 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 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. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Baer, Esq., Office of Unfair Import 

Investigations, U.S. International Trade 

Commission, telephone 202–205–2221. 

Authority: The authority for institution of 

this investigation is contained in section 337 

of the Tariff Act of 1930, as amended, and 

in section 210.10 of the Commission’s Rules 

of Practice and Procedure, 19 CFR 210.10 

(2005). 

Scope of Investigation 

Having considered the complaint, the 

U.S. International Trade Commission, 

on October 19, 2005, 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 laser bar code 

scanners or scan engines, components 

thereof or products containing same by 

reason of infringement of one or more of 

claim 48 of U.S. Patent No. 5,262,627, 

claims 7, 13, 14, 17, and 18 of U.S. 

Patent No. 5,545,889, claims 17 and 18 

of U.S. Patent No. 5,917,173, claims 2 

and 21 of U.S. Patent No. 5,457,308, and 

claims 1, 2, and 4–6 of U.S. Patent No. 

6,220,514, and whether an industry in 

the United States exists 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: 

(a) The complainant is—Symbol 

Technologies, Inc., One Symbol Plaza, 

Holtsville, New York 11742–1300. 

(b) The respondents are the following 

entities alleged to be in violation of 

section 337, and are the parties upon 

which the complaint is to be served: 

Metro (Suzhou) Technologies Co., Ltd., 

221 Xing Hai Street, Suzhou Industrial 

Park, Suzhou, China. Metrologic 

Instruments, Inc., 90 Coles Road, 

Blackwood, New Jersey 08012. 

(c) Kevin Baer, Esq., Office of Unfair 

Import Investigations, U.S. International 

Trade Commission, 500 E Street, SW., 

Suite 401, Washington, DC 20436, who 

shall be the Commission investigative 

attorney, party to this investigation; and 

(3) For the investigation so instituted, 

the Honorable Charles E. Bullock 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 section 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 not later than 20 

days after the date of service by the 

Commission of the complaint and the 

notice of investigation. Extensions of 

time for submitting responses to the 

complaint and the notice of 

investigation 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 a final determination 

containing such findings, and may 

result in the issuance of a limited 

61842 Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Notices 

exclusion order or cease and desist 

order or both directed against the 

respondent. 

By order of the Commission. 

Issued: October 20, 2005. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 05–21317 Filed 10–25–05; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Air Act 

Under 28 CFR 50.7, notice is hereby 

given that on October 12, 2005, a 

proposed consent decree in United 

States v. ARCO Terminal Services Corp., 

Case No. 05–07358, was lodged with the 

United States District Court for the 

Central District of California. 

In this action, the United States 

sought injunctive relief and civil 

penalties under Section 113 of the Clean 

Air Act (‘‘CAA’’), against ARCO 

Terminal Services Corp. (‘‘ATSC’’) for 

failure to use the required control 

equipment to control emissions that 

resulted in 294 separate loading events 

that were subject to the control 

requirements of Rule 1142 at its marine 

loading facility in Long Beach, 

California. The Consent Decree requires 

ATSC to employ its existing control 

technology on all loading events subject 

to the requirements of Rule 1142 and to 

pay a civil penalty of $225,000. 

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, P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. ARCO Terminal Services Corp., 

D.J. Ref. #90–5–2–1–06988. 

The proposed Consent Decree may be 

examined during the public comment 

period on the following United States 

Department of Justice Web site: http:// 

www.usdoj.gov/enrd/open.html. A copy 

of the Consent Decree may also be 

obtained by mail from the Consent 

Decree Library, U.S. Department of 

Justice, P.O. Box 7611, Ben Franklin 

Station, Washington, DC 20044–7611, or 

by faxing or E-mailing a request to Tonia 

Fleetwood (tonia.fleetwood@usdoj.gov), 

fax number (202) 514–0097, phone 

confirmation number (202) 514–1547. 

When requesting a copy from the 

Consent Decree Library, please enclose 

a check, payable to the U.S. Treasury, in 

the amount of $12.25 ($.25 per page 

reproduction cost. 

Ellen M. Mahan, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 05–21363 Filed 10–25–05; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Partial Consent 

Decree Under the Clean Water Act 

Notice is hereby given that on October 

6, 2005, a proposed Consent Decree in 

United States and Department of 

Health, State of Hawaii v. Hawaii 

Department of Transportation, Civil 

Action No. 05–00636 was lodged with 

the United States District Court for the 

District of Hawaii. 

The United States and the Department 

of Health, State of Hawaii (‘‘DOH’’), 

brings this action against the State of 

Hawaii Department of Transportation 

(‘‘HDOT’’), pursuant to Sections 309(b) 

and (d), of the Clean Water Act (‘‘CWA’’

or ‘‘the Act’’), 33 U.S.C. 1319(b) and (d) 

and Sections 342D–50(a) of the Hawaii 

Revised Statutes (2004). The Consent 

Decree provides for extensive injunctive 

relief, civil penalties, and two 

supplemental environmental projects 

(‘‘SEP’’s). Pursuant to the terms of the 

first project, HDOT will create an 

Environmental Management System 

(‘‘EMS’’) for the operations at HDOT’s 

airports, harbors, and highways that 

incorporate Best Management Practices 

and Pollution Prevention at each of its 

facilities. 

Under the terms of the second project, 

HDOT will develop and conduct 

‘‘Compliance Assistance Workshops’’

for construction contractors and will 

sponsor them at six locations on four of 

the islands, Hawaii, Kauai, Maui and 

Oahu. 

Pursuant to 28 C.F.R. 50.7, the United 

States 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 U.S. Department of Justice, 

Assistance Attorney General, 

Environmental and Natural Resources 

Division, P.O. Box 7611, Ben Franklin 

Station, Washington, DC 20044–7611, 

and should refer to United States and 

Department of Health, State of Hawaii 

v. Hawaii Department of 

Transportation, Civil Action No. 05–

00636, D.J. Ref. No. 90–5–1–1–07488. 

The Consent Decree may be examined 

during the public comment period on 

the following Department of Justice Web 

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

open.html. A copy of the Consent 

Decree may also be obtained by mail 

from the Consent Decree Library, U.S. 

Department of Justice, P.O. Box 7611, 

Ben Franklin Station, Washington, DC 

20044–7611, or by faxing or E-mailing a 

request to Tonia Fleetwood 

(tonia.fleetwood@usdoj.gov), fax number 

(202) 514–0097, phone confirmation 

number (202) 514–1547. When 

requesting a copy from the Consent 

Decree Library, please enclose a check 

in the amount of $25.25 (25 cents per 

page reproduction cost) payable to the 

U.S. Treasury. 

Ellen M. Mahan, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources. 

[FR Doc. 05–21362 Filed 10–25–05; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Between the United States of America 

and Fremont Lumber Company, KerrMcGee Company and Western Nuclear, 

Inc., Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

Under 28 CFR 50.7, notice is hereby 

given that on October 14, 2005, a 

proposed Consent Decree (‘‘Consent 

Decree’’), in the case of United States v. 

Kerr-McGee Corp., et al., Civil Action 

No. 04–CV–00032 (D. OR.), has been 

lodged with the United States District 

Court for the District of Oregon. 

The Complaint sought performance of 

work and the recovery of costs incurred 

in connection with the response action 

taken at the White King/Lucky Lass 

Superfund Site (‘‘Site’’) in Lakeview 

County, Oregon. Under the terms of this 

Consent Decree Defendants agree to: (1) 

Implement the remaining remedial 

action at the Site; (2) pay approximately 

$3 million in past costs incurred by EPA 

and the United States Department of 

Agriculture, Forest Service; (3) pay a 

civil penalty of $ 50,000; (4) perform a 

Supplemental Environmental Project for 

their failure to timely comply with an 

existing Unilateral Administrative Order 

(‘‘UAO’’); (5) grant a covenant not to sue 

for all claims against the United States; 

and (6) dismiss a citizen suite under 

CERCLA Section 310. In addition, as 

part of this settlement the United States 

agress to pay Defendants $2,000,000 to 

resolve the contribution claims that 

have been asserted against U.S. Forest 

Service and other federal agencies. In 

exchange, the United States will provide