4760 Federal Register / Vol. 74, No. 16 / Tuesday, January 27, 2009 / Notices 

NEBRASKA 

Butler County 

St. Mary of the Assumption Catholic Church, 

School and Grottoes, 336 W. Pine St., 

Dwight, 08001132, LISTED, 12/04/08 

Hamilton County 

United Brethren Church, 1103 K St., Aurora, 

08001133, LISTED, 12/03/08 

Madison County 

First United Presbyterian Church, 104 E. 4th 

St., Madison, 08001134, LISTED, 12/03/08 

NEW MEXICO 

Roosevelt County Courthouse 

Roosevelt County Courthouse, 100 W. 2nd 

St., Portales, 08001136, LISTED, 12/03/08 

(New Deal in New Mexico MPS) 

NEW YORK 

Rockland County 

Piermont Railroad Station, 50 Ash St., 

Piermont, 08001146, LISTED, 12/03/08 

OKLAHOMA 

Grady County 

Silver City Cemetery, 6/10th of a mile from 

Section line on S. side of section 22, T10N, 

R6W I.M., Tuttle vicinity, 08001149, 

LISTED, 12/04/08 

Oklahoma County 

Kivlehen House, 525 N. Jackson St., Edmond, 

08001150, LISTED, 12/04/08 

Osage County 

Woolaroc Ranch Historic District, Eight mi. 

E. of the jct. of St. Hwys. 11 and 123, 

Barnsdall vicinity, 08001151, LISTED, 12/ 

05/08 

Tulsa County 

Mayo Building, 420 S. Main St., Tulsa, 

08001152, LISTED, 12/04/08 

Woodward County 

Woodward Theater, The, 818 Main, 

Woodward, 08001153, LISTED, 12/04/08 

OREGON 

Multnomah County 

Bohnsen Cottages, 1918–1926 SW. Elm St. 

and 2412–2416 SW. Vista Ave., Portland, 

08001182, LISTED, 12/04/08 

UTAH 

Salt Lake County 

Best, Amanda Conk, House, 3622 S. 1100 E., 

Millcreek, 08001154, LISTED, 12/04/08 

Salt Lake County 

Oquirrh School, 350 S. 400 E., Salt Lake City, 

08001156, LISTED, 12/04/08 

Uintah County 

Bank of Vernal, 3 W. Main St., Vernal, 

08001155, LISTED, 12/04/08 (Vernal— 

Maeser, Utah MPS) 

WASHINGTON 

King County 

Preston Community Clubhouse, 8625 310th 

Ave. SE., Preston, 08001186, LISTED, 12/ 

04/08 

WISCONSIN 

Oconto County 

Citizens State Bank of Gillett, 137 E. Main 

St., Gillett, 08001159, LISTED, 12/04/08 

[FR Doc. E9–1667 Filed 1–26–09; 8:45 am] 

BILLING CODE 4310–70–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–545 

(Consolidated Enforcement and Advisory 

Opinion Proceeding)] 

In the Matter of Certain Laminated 

Floor Panels Certain Laminated Floor 

Panels; Notice of a Commission 

Determination Not To Review an Initial 

Determination Terminating 

Consolidated Enforcement and 

Advisory Opinion Proceeding on the 

Basis of a Settlement Agreement and 

Cross-License Agreement 

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. 38) of the presiding 

administrative law judge (‘‘ALJ’’) in the 

above-captioned proceeding terminating 

the proceeding on the basis of a 

settlement agreement and cross-license 

agreement. 

FOR FURTHER INFORMATION CONTACT: 

Michael K. Haldenstein, Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

205–3041. 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 the underlying 

investigation on August 3, 2005, based 

on a complaint filed by Unilin Beheer 

B.V. of the Netherlands, Flooring 

Industries Ltd. of Ireland, and Unilin 

Flooring N.C., LLC of North Carolina 

(collectively ‘‘Unilin’’). 70 FR 44,694 

(August 3, 2005). The complaint, as 

amended, alleged 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 laminated floor 

panels by reason of infringement of one 

or more of claims 1, 14, 17, 19–21, 37, 

52, 65, and 66 of U.S. Patent No. 

6,006,486; claims 1, 2, 10, 13, 18, 19, 

22–24, and 27 of U.S. Patent No. 

6,490,836 (‘‘the ‘836 patent’’); claims 1– 

6 of U.S. Patent No. 6,874,292 (‘‘the ‘292 

patent’’); and claims 1, 5, 13, 17, 27 and 

28 of U.S. Patent No. 6,928,779 (‘‘the 

‘779 patent’’). 

On January 5, 2007, the Commission 

issued its final determination finding a 

violation of section 337 and 

infringement of claims 1, 2, 10, 18, and 

23 of the ‘836 patent, claims 5 and 17 

of the ‘779 patent, and claims 3 and 4 

of the ‘292 patent. The Commission 

determined to issue a general exclusion 

order under 19 U.S.C. 1337(d)(2), as 

well as cease and desist orders to certain 

respondents. On July 31, 2008, the U.S. 

Court of Appeals for the Federal Circuit 

issued a decision in Yingbin-Nature 

(Guangdong) Wood Industry Co., Ltd. v. 

Int’l Trade Comm’n., 535 F.3d 1322 

(Fed. Cir. 2008) affirming the 

Commission’s final determination on 

violation. 

Unilin filed a complaint on March 24, 

2008, and a corrected complaint on 

April 30, 2008, requesting that the 

Commission institute a formal 

enforcement proceeding under 

Commission rule 210.75 to investigate 

violations of the general exclusion 

order. The complaint named as 

respondent Uniboard Canada, Inc. 

(Quebec, Canada) (‘‘Uniboard’’). On 

April 15, 2008, Uniboard filed a request 

for an advisory opinion that its products 

would not violate the general exclusion 

order. Uniboard requested that the 

advisory opinion proceeding be 

consolidated with the enforcement 

proceeding. On June 20, 2008, the 

Commission determined to consolidate 

the formal enforcement and advisory 

opinion proceedings and certify the 

consolidated proceedings to Judge 

Luckern. 73 FR. 36355 (June 25, 2008). 

On December 8, 2008, Unilin and 

Uniboard jointly moved, pursuant to 

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Federal Register / Vol. 74, No. 16 / Tuesday, January 27, 2009 / Notices 4761 

Commission rule 210.21, to terminate 

the consolidated enforcement and 

advisory opinion proceeding in light of 

a settlement agreement and a crosslicense agreement between Unilin and 

Uniboard. The Commission 

investigative attorney filed a response in 

support of the motion. 

The ALJ issued the subject ID on 

December 29, 2008, granting the joint 

motion to terminate the proceeding. No 

petitions for review were filed and the 

Commission has determined not to 

review the subject ID. The consolidated 

enforcement and advisory opinion 

proceeding is terminated. 

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 rules 210.21, 210.42, 

19 CFR 210.21, 210.42. 

By order of the Commission. 

Issued: January 21, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–1702 Filed 1–26–09; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Water Act 

Notice is hereby given that on January 

7, 2009, a proposed Consent Decree in 

United States v. Citation Oil & Gas 

Corp. and Citation 1994 Investment 

Limited Partnership, Civil Action No. 

09–CV–0003–B was lodged with the 

United States District Court for the 

District of Wyoming. 

In this action the United States seeks 

civil penalties and injunctive relief for 

violations of Sections 301(a) or, 

alternatively 311(b)(3), and Section 

311(j) of the Clean Water Act (‘‘CWA’’), 

33 U.S.C. 1311(a), or alternatively 

1321(b)(3), and 1321(j), arising from the 

alleged unlawful discharge of 

approximately 597 barrels of crude oil 

and produced water into the North Fork 

Powder River and onto the banks 

adjacent to that river from Defendants’ 

Celler Ranch Unit in Johnson County, 

Wyoming. Further, the United States 

also seeks civil penalties and injunctive 

relief from Defendants’ alleged failure to 

prepare and fully implement an 

adequate Spill Prevention Control and 

Countermeasures Plan as required by 40 

CFR Part 112. 

The settlement secures $280,000 in 

civil penalties and an estimated 

$580,000 in injunctive relief from 

Citation. Among other things, the 

injunctive relief requires Citation to: 

Update its facility inventory and facility 

diagram; develop and implement an 

enhanced facility inspection, 

maintenance, and replacement plan; 

integrity test all buried flowlines that 

are not visually accessible for 

inspection; and bring the facility’s Spill 

Prevention Control and 

Countermeasures Plan into compliance 

with the applicable regulatory 

requirements. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the settlement. 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, and 

should refer to United States v. Citation 

Oil & Gas Corp. and Citation 1994 

Investment Limited Partnership, Civil 

Action No. 09–CV–0003–B, D.J. Ref. 90– 

5–1–1–08867. 

The Consent Decree may be examined 

at the United States Attorneys Office for 

the District of Wyoming, 2120 Capitol 

Avenue—4th Floor, Cheyenne, 

Wyoming 82001 (USAO No. 06V100) 

and at U.S. EPA Region 8, 1595 

Wynkoop Street, Denver, CO 80202– 

1129. During the public comment 

period, the Consent Decree, may also be 

examined on the following Department 

of Justice Web site, follows http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. 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 $11.00 (25 cents per 

page reproduction cost) payable to the 

U.S. Treasury or, if by e-mail or fax, 

forward a check in that amount to the 

Consent Decree Library at the stated 

address. In requesting a copy exclusive 

of exhibits and defendants’ signatures, 

please enclose a check in the amount of: 

$9.75 (25 cents per page reproduction 

cost) payable to the U.S. Treasury; 

$11.25, exhibits included. 

Robert Brook, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. E9–1657 Filed 1–26–09; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Stipulated Order 

for Preliminary Relief Under the Clean 

Water Act 

Notice is hereby given that on January 

15, 2009, the United States Department 

of Justice, on behalf of the U.S. 

Environmental Protection Agency 

(‘‘EPA’’) and the People of the State of 

California ex. rel. California State Water 

Resources Control Board and California 

Regional Water Quality Control Board, 

San Francisco Region (the ‘‘State’’), 

lodged with the United States District 

Court for the Northern District of 

California a stipulated order for 

preliminary relief with defendant East 

Bay Municipal Utility District 

(‘‘EBMUD’’) in the case of United States 

et al. v. East Bay Municipal Utility 

District (cv–09–0186). On the same day, 

the United States and the State filed a 

Complaint pursuant to the federal Clean 

Water Act, 33 U.S.C. 1319 and 

California Water Code Sections 13376, 

13385 and 13386. Under the stipulated 

order, EBMUD shall perform various 

studies and take a number of interim 

steps aimed at the ultimate cessation of 

discharges from its three wet weather 

facilities. These facilities discharge 

partially treated sewage into the San 

Francisco Bay when wet weather flows 

exceed the capacity of EBMUD’s 

treatment plant. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the stipulated order. 

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, and should refer to the 

stipulated order between the United 

States, the State of California and 

EBMUD, DOJ Ref. No. 90–5–1–1–09361. 

The proposed stipulated order may be 

examined at the office of the United 

States Attorney, 450 Golden Gate Ave., 

11th Floor, San Francisco, CA 94102 

and at EPA’s office, 75 Hawthorne 

Street, San Francisco, CA 94105. During 

the public comment period, the 

Settlement Agreement may also be 

examined on the following Department 

of Justice Web site, http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Settlement Agreement may also be 

obtained by mail from the Consent 

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

Department of Justice, Washington, D.C. 

20044–7611 or by faxing or e-mailing a 

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