54854 Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Notices 

SUPPLEMENTARY INFORMATION: The listed 

concession authorization will expire by 

its terms on or before December 31, 

2008. The National Park Service has 

determined that the proposed extension 

is necessary in order to avoid 

interruption of visitor services and has 

taken all reasonable and appropriate 

steps to consider alternatives to avoid 

such interruption. 

Conc ID number Concessioner name Park 

CC–NACCOO4–89 ............................................ Landmark Services Tourmobile, Inc ................ National Capital Parks—Central 

FOR FURTHER INFORMATION CONTACT: Jo 

A. Pendry, Concession Program 

Manager, National Park Service, 

Washington, DC 20240, Telephone 202/ 

513–7156. 

Dated: September 21, 2008. 

Katherine H. Stevenson, 

Assistant Director, Business Services. 

[FR Doc. E8–22079 Filed 9–22–08; 8:45 am] 

BILLING CODE 4312–53–M 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–658] 

In The Matter of: Certain Video Game 

Machines and Related ThreeDimensional Pointing Devices; Notice 

of 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 

August 20, 2008, under section 337 of 

the Tariff Act of 1930, as amended, 19 

U.S.C. 1337, on behalf of Hillcrest 

Laboratories, Inc., of Rockville, 

Maryland. 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 video game machines and 

related three-dimensional pointing 

devices that infringe certain claims of 

U.S. Patent Nos. 7,139,983; 7,158,118; 

7,262,760; and 7,414,611. 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 an 

exclusion order and a 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 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: 

David O. Lloyd, Esq., Office of Unfair 

Import Investigations, U.S. International 

Trade Commission, telephone (202) 

205–2576. 

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 

(2008). 

Scope of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

September 16, 2008, 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 video game 

machines and related three-dimensional 

pointing devices that infringe one or 

more of claims 1, 2, 5, 6, 8, 11, 12, 15, 

16, 18, 19, 22, and 23 of U.S. Patent No. 

7,139,983; claims 1–4 of U.S. Patent No. 

7,158,118; claims 23, 24, 28, 30, 38–40, 

45, 46, 50, 52, and 60–62 of U.S. Patent 

No. 7,262,760; and claims 20, 21, 25, 27, 

34, 58, 59, 63, 65, 72, 77, 78, 82, 84, and 

91 of U.S. Patent No. 7,414,611, 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—Hillcrest 

Laboratories, Inc., 15245 Shady Grove 

Road, Suite 400, Rockville, Maryland 

20850–3222. 

(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: 

Nintendo Co., Ltd., 11–1 Kamitoba 

hokotate-cho, Minami-ku, Kyoto 601– 

8501, Japan. 

Nintendo of America, Inc., 4820 150th 

Avenue, NE., Redmond, Washington 

98052. 

(c) The Commission investigative 

attorney, party to this investigation, is 

David O. Lloyd, Esq., Office of Unfair 

Import Investigations, U.S. International 

Trade Commission, 500 E Street, SW., 

Suite 401, Washington, DC 20436; and 

(3) For the investigation so instituted, 

Paul J. Luckern, Chief Administrative 

Law Judge, U.S. International Trade 

Commission, shall designate 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 an initial determination 

and a final determination containing 

such findings, and may result in the 

issuance of an exclusion order or a cease 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Notices 54855 

and desist order or both directed against 

the respondent. 

By order of the Commission. 

Issued: September 17, 2008. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E8–22142 Filed 9–22–08; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Oil Pollution Act of 1990 

Notice is hereby given that on 

September 12, 2008, a proposed consent 

decree in United States of America, the 

State of Washington, and Suquamish 

Tribe v. Foss Maritime Co., Civil Action 

No. 08–cv–1364, was lodged with the 

United States District Court for the 

Western District of Washington. 

The Complaint, filed by the Plaintiffs 

who are Trustees for natural resources, 

alleges that the defendant, Foss 

Maritime Company, is liable for natural 

resource damages pursuant to the Oil 

Pollution Act of 1990 (‘‘OPA’’), 33 

U.S.C. 2701 et seq., resulting from the 

discharge of oil into Puget Sound on 

December 30, 2003, from a tank barge 

owned and operated by the defendant at 

the Point Wells terminal in Shoreline, 

Washington (hereinafter ‘‘Foss Oil 

Spill’’). In the Consent Decree, the 

defendant has agreed to pay $382,123 to 

the Trustees. This amount will 

reimburse the Trustees for their natural 

resource damage assessment costs and 

finance several restoration projects that 

will be undertaken to restore the natural 

resources lost and damaged in the Foss 

Oil Spill. 

For thirty (30) days after the date of 

this publication, the Department of 

Justice will receive 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, 

et. al. v. Foss Maritime Co., Civil Action 

No. 08–cv–1364, Ref. No. 90–5–1–1– 

08642. 

During the comment period, the 

Consent Decree may be examined on the 

following Department of Justice Web 

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

Consent_Decrees.html. A copy of the 

Consent Decree may also be examined at 

the Office of the United States Attorney, 

Western District of Washington, 700 

Stewart Street Suite 5220, Seattle, WA 

98101–1271, (206) 553–7970. A copy of 

the Consent Decree may also be 

obtained by mail from the Consent 

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

Department of Justice, Washington, DC 

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

request to Tonia Fleetwood 

(tonia.fleetwood@usdoj.gov), fax no. 

(202) 514–0097, phone confirmation 

number (202) 514–1547. In requesting a 

copy from the Consent Decree Library, 

please enclose a check in the amount of 

$6.50 (25 cents per page reproduction 

cost) payable to the United States 

Treasury or, if by e-mail or fax, forward 

a check in that amount to the Consent 

Decree Library at the stated address. 

Robert E. Maher, Jr., 

Assistant Section Chief Environmental 

Enforcement Section, Environment and 

Natural Resources. 

[FR Doc. E8–22118 Filed 9–22–08; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Settlement 

Agreement Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) 

Notice is hereby given that on 

September 9, 2008, a proposed 

Settlement Agreement Regarding 

Miscellaneous Federal and State 

Environmental Sites was filed with the 

United States Bankruptcy Court for the 

Southern District of Texas in In re 

ASARCO LLC, et al., Case No. 05–21207 

(Bankr. S.D. Tex.) (Docket No. 9101–5, 

Plan Exhibit 12–B). The settlement 

provides the United States with an 

allowed general unsecured claim in the 

amount indicated for each of the 

following Sites: The Tacoma Site— 

Operable Units (‘‘OU’’) 02, 04, and 06 of 

the Commencement Bay Nearshore 

Tideflats Superfund Site in and around 

Tacoma and Ruston, Washington, 

$27,000,000; the Circle Smelting Site— 

a former zinc smelter facility located in 

the Village of Beckemeyer, Illinois, 

$6,052,390; the Terrible Mine Site—a 

44-acre former lead mining and milling 

site located in the Old Isle Mining 

District of Custer County, Colorado, 

$1,400,000; Stephenson/Bennett Mine 

Site—a 150-acre former mining and 

milling area in Don ̃ a Ana County, New 

Mexico, $550,000; the Coy Mine Site— 

a zinc mine in Jefferson County, 

Tennessee, $200,000; the Richardson 

Flat Tailings Site—a 160-acre former 

mine tailings impoundment and the 

Lower Silver Creek area in Summit 

County, Utah, $7,400,000; the Jack 

Waite Mine Site—several mine adits, a 

former mill site, four tailings ponds, and 

one or more waste rock piles located on 

land administered by the Forest Service 

in the Coeur d’Alene National Forest 

east of Prichard, Idaho, $11,300,000; the 

Black Pine Mine Site—mill tailings, a 

large mine waste rock dump, a seep, and 

associated wastes located on land 

administered by the Forest Service in 

the Beaverhead-Deerlodge National 

Forest northwest of Philipsburg, 

Montana, $190,000; the Combination 

Mine Site—a tailings pond and 

associated wastes in Lower Willow 

Creek located on land administered by 

the Forest Service in the BeaverheadDeerlodge National Forest northwest of 

Philipsburg, Montana, $542,000; the 

Flux Mine Site—a former zinc and 

silver mine and associated mine adits 

and waste rock dumps located on land 

administered by the Forest Service in 

the Coronado National Forest southeast 

of Patagonia, Arizona, $487,000; the 

International Boundary Water 

Commission (‘‘IBWC’’) Site—the 

American Dam and Canal portion of the 

Rio Grande Canalization Project and the 

American Dam Field Office in El Paso, 

Texas, $19,000,000; the Monte Cristo 

Mining District Site—a historic mining 

district including mines, mill facilities, 

adits, and waste piles located partly on 

land administered by the Forest Service 

within the Mt. Baker-Snoqualmie 

National Forest, in Snohomish County, 

Washington, $5,500,000 (the Settlement 

also provides the State of Washington 

an allowed general unsecured claim of 

$5,500,000 for this Site); the Vasquez 

Boulevard/I–70 Site—a historic smelter 

and the residential areas surrounding it, 

comprising OU1, OU2, and OU3 of the 

Vasquez Boulevard/Interstate-70 

Superfund Site, in north-central Denver, 

Colorado, $1,500,000. The Settlement 

Agreement is subject to confirmation of 

Debtors’ Plan of Reorganization. 

For thirty (30) days after the date of 

this publication, the Department of 

Justice will receive comments relating to 

the Settlement Agreement. Comments 

should be addressed to the Assistant 

Attorney General, Environment and 

Natural Resources Division, and either 

e-mailed to pubcommentees.enrd@usdoj.gov or mailed to P.O. 

Box 7611, U.S. Department of Justice, 

Washington, DC 20044–7611. In either 

case, comments should refer to In re 

Asarco LLC, Case No. 05–21207 (Bankr. 

S.D. Tex.), D.J. Ref. No. 90–11–3–08633. 

Commenters may request an 

opportunity for a public meeting in the 

affected area, in accordance with 

Section 7003(d) of RCRA, 42 U.S.C. 

6973(d). 

The proposed Settlement Agreement 

may be examined at: The Office of the 


jlentini on PROD1PC65 with NOTICES