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Federal Register / Vol. 71, No.

91 / Thursday, May 11, 2006 / Notices 27511

River Pima-Maricopa Indian Tribe of Arizona; Salt River Pima- notes that the ‘‘Santee Sioux respected
Community of the Salt River Maricopa Indian Community of the Salt the supernatural powers of Canhotdan,
Reservation, Arizona; Tohono O’odham River Reservation, Arizona; Tohono the Tree-Dweller, to help or harm the
Nation of Arizona; and Zuni Tribe of the O’odham Nation of Arizona; and Zuni hunter.’’ Further documentation also
Zuni Reservation, New Mexico support Tribe of the Zuni Reservation, New notes that ’’. . . the owners of these
affiliation with Hohokam sites in central Mexico that this notice has been images are able to make them dance
Arizona during both the Santa Cruz published. magically during the rites of the
phase and late Colonial period Dated: April 26, 2006 (Medicine Dance) society . . .. ‘‘
Officials of the Arizona State Land (Skinner, 1925).
Sherry Hutt,
Department and Arizona State Museum During consultation, a family
have determined that, pursuant to 25 Manager, National NAGPRA Program. genealogy was presented showing that
U.S.C. 3001 (9–10), the human remains [FR Doc. E6–7179 Filed 5–10–06; 8:45 am] Mr. Ernest Wabasha (Wabasha VI) is a
described above represent the physical BILLING CODE 4312–50–S lineal descendant. Other direct
remains of five individuals of Native descendants of the Wabasha line are Mr.
American ancestry. Officials of the Wabasha’s children and grandchildren:
Arizona State Land Department and DEPARTMENT OF THE INTERIOR Cheyanne St. John, Forrest St. John,
Arizona State Museum also have Leonard Wabasha, Theresa Wabasha,
Notice of Intent to Repatriate a Cultural
determined that, pursuant to 25 U.S.C. and Winona Wabasha. This claim is also
3001 (3)(A), the 36 objects described Item: Minnesota Historical Society, St. supported by members of the extended
above are reasonably believed to have Paul, MN Wabasha family: Vera Hutter and
been placed with or near individual AGENCY: National Park Service, Interior. Ernestine Ryan-Wabasha (sisters); and
human remains at the time of death or ACTION: Notice. Jeanine Hutter, Kathy Ferdig, and
later as part of the death rite or Yvonne Hutter (nieces). It is believed
ceremony. Lastly, officials of the Notice is here given in accordance the tree-dweller effigy figure may have
Arizona State Land Department and with the Native American Graves been released by an individual or group
Arizona State Museum have determined Protection and Repatriation Act, 25 that did not have the authority to
that, pursuant to 25 U.S.C. 3001 (2), U.S.C. 3005, of the intent to repatriate alienate such an object from the
there is a relationship of shared group a cultural item in the possession of the Wabasha family or it may have been
identity that can be reasonably traced Minnesota Historical Society, St. Paul, released to provide temporary
between the Native American human MN, that meets the definition of ‘‘sacred protection for the object, as many
remains and associated funerary objects object’’ under 25 U.S.C. 3001. members of the Wabasha family were
and the Ak Chin Indian Community of This notice is published as part of the held in the Fort Snelling internment
the Maricopa (Ak Chin) Indian National Park Service’s administrative camp in 1853, and many personal
Reservation, Arizona; Gila River Indian responsibilities under NAGPRA, 25 possessions were confiscated from tribal
Community of the Gila River Indian U.S.C. 3003 (d)(3). The determinations members at that time.
Reservation, Arizona; Hopi Tribe of in this notice are the sole responsibility Mr. Ernest Wabasha (Wabasha VI) is
Arizona; Salt River Pima-Maricopa of the museum, institution, or Federal the recognized hereditary Chief of the
Indian Community of the Salt River agency that has control of the cultural Dakota People and of the Wabasha
Reservation, Arizona; Tohono O’odham item. The National Park Service is not (Mdewakanton Dakota) family, as well
Nation of Arizona; and Zuni Tribe of the responsible for the determinations in as keeper of the sacred bundle of the
Zuni Reservation, New Mexico. this notice. Wabasha family that originally owned
Representatives of any other Indian The one cultural item is a tree-dweller the cultural item. Mr. Wabasha has
tribe that believes itself to be culturally effigy figure (#6277.1). It is identified the cultural item as necessary
affiliated with the human remains and approximately 6 inches in height carved for the continued practice of traditional
associated funerary objects should from birch or possibly poplar of a male Dakota ceremonies by present-day
contact John Madsen, Repatriation figure in Santee Sioux style. Inked on adherents and has claimed them as a
Coordinator, Arizona State Museum, the back of the figure with a quill pen lineal descendant. Furthermore, Mr.
University of Arizona, Tucson, AZ nib is ’’. . . 200 years in the Wabasha Wabasha has communicated to the
85721, telephone (520) 621–4795, before family.’’ Minnesota Historical Society that the
June 12, 2006. Repatriation of the cultural item is needed for the practice
human remains and associated funerary In 1922, the cultural item was of on-going ceremonial and religious
objects to the Ak Chin Indian acquired by the Minnesota Historical traditions.
Community of the Maricopa (Ak Chin) Society as a gift from the estate of
Indian Reservation, Arizona; Gila River Stephen Jewett, vice-president of the Officials of the Minnesota Historical
Indian Community of the Gila River Security Bank of Faribault, Faribault, Society have determined that, pursuant
Indian Reservation, Arizona; Hopi Tribe MN. The cultural item came into the to 25 U.S.C. 3001 (3)(C), the cultural
of Arizona; Salt River Pima-Maricopa collections wrapped in a sheet of item described above is a specific
Indian Community of the Salt River Mueller & Faribault Real Estate and ceremonial object needed by traditional
Reservation, Arizona; Tohono O’odham Financial Agents letterhead with Native American religious leaders for
Nation of Arizona; and Zuni Tribe of the handwritten comments by W. R. the practice of traditional Native
Zuni Reservation, New Mexico may Faribault. It is not known how Mr. American religions by their present-day
proceed after that date if no additional Faribault acquired the cultural item. adherents. Officials of the Minnesota
claimants come forward. The cultural item is specifically Historical Society have also determined,
The Arizona State Museum is documented in Plains Indian Sculpture: pursuant to 25 U.S.C. 3005 (a)(5)(A),
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responsible for notifying the Ak Chin A Traditional Art from America’s that Mr. Ernest Wabasha (Wabasha VI)
Indian Community of the Maricopa (Ak Heartland by John C. Ewers, which can trace his ancestry directly and
Chin) Indian Reservation, Arizona; Gila states that the cultural item ’’. . . must without interruption by means of the
River Indian Community of the Gila be the oldest Tree-Dweller in any traditional kinship system of the Dakota
River Indian Reservation, Arizona; Hopi museum collection.’’ Mr. Ewers also and common law system of descent to

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27512 Federal Register / Vol. 71, No. 91 / Thursday, May 11, 2006 / Notices

a known Native American individual General Counsel, U.S. International issued an ID (Order No. 15) granting
who controlled this cultural item. Trade Commission, 500 E Street, SW., complainant’s motion for summary
Any other lineal descendant or Washington, DC 20436, telephone (202) determination that complainant has
representatives of any other Indian tribe 708–5432. Copies of the public version satisfied the economic prong of the
that believes itself to be culturally of the ALJ’s ID and all other domestic industry requirement of
affiliated with the sacred object should nonconfidential documents filed in section 337 for the patents in issue.
contact Marcia G. Anderson, NAGPRA connection with this investigation are or Those IDs were not reviewed by the
Representative, Minnesota Historical will be available for inspection during Commission.
Society, 345 Kellogg Boulevard West, St. official business hours (8:45 a.m. to 5:15 A five-day evidentiary hearing was
Paul, MN 55102, telephone (651) 296– p.m.) in the Office of the Secretary, U.S. held from November 29, 2005, through
0150, before June 12, 2006. Repatriation International Trade Commission, 500 E December 3, 2005. On March 20, 2006,
of the sacred object to Mr. Ernest Street, SW., Washington, DC 20436, the ALJ issued his final ID and
Wabasha (Wabasha VI) may proceed telephone 202–205–2000. recommended determination on remedy
after that date if no additional claimants General information concerning the and bonding. The ALJ concluded that
come forward. Commission may also be obtained by there was a violation of section 337.
Minnesota Historical Society is accessing its Internet server (http:// Specifically, he found that claim 13 of
responsible for notifying Kathy Ferdig, www.usitc.gov). The public record for the ‘187 patent was valid and infringed
Jeanine Hutter, Vera Hutter, Yvonne this investigation may be viewed on the by Actions’ accused product families
Hutter, Ernestine Ryan-Wabasha, Commission’s electronic docket (EDIS– 207X, 208X, and 209X. The ALJ also
Cheyanne St. John, Forrest St. John, ON–LINE) at http://edis.usitc.gov. determined that claims 1, 6, 9, and 13
Elroy Wabasha, Ernest Wabasha Hearing-impaired persons are advised of the ‘522 patent were valid and
(Wabasha VI), Joseph Wabasha, Leonard that information on this matter can be infringed by Actions’ accused product
Wabasha, Theresa Wabasha, Winona obtained by contacting the families 208X and 209X.
Wabasha, Lower Sioux Indian Commission’s TDD terminal on 202– On April 3, 2006, respondent Actions
Community in the State of Minnesota, 205–1810. petitioned for review of portions of the
and Santee Sioux Nation, Nebraska that final ID. On April 10, 2006, complainant
SUPPLEMENTARY INFORMATION: The
this notice has been published. SigmaTel and the Commission
Commission instituted this investigation
Dated: May 1, 2006 on April 18, 2005, based on a complaint investigative attorney (‘‘IA’’) filed
Sherry Hutt, filed on behalf of SigmaTel, Inc. responses in opposition to the petition
Manager, National NAGPRA Program. (‘‘complainant’’) of Austin, Texas. 70 FR for review.
[FR Doc. E6–7200 Filed 5–10–06; 8:45 am] 20172. The complaint alleged violations On April 17, 2006, respondent
BILLING CODE 4312–50–S of section 337 in the importation into Actions filed a motion for leave to file
the United States, sale for importation, a reply to complainant SigmaTel’s
and sale within the United States after response to Actions’ petition for review.
INTERNATIONAL TRADE importation of certain audio processing On April 19, 2006, complainant
COMMISSION integrated circuits and products SigmaTel filed a motion in opposition to
containing same by reason of Actions’ motion. The Commission has
[Inv. No. 337–TA–538] infringement of claim 10 of U.S. Patent determined to deny Actions’ motion for
No. 6,137,279 (‘‘the ‘279 patent’’) and leave to file a reply.
In the Matter of Certain Audio
claim 13 of U.S. Patent No. 6,633,187 Having examined the record in this
Processing Integrated Circuits and
(‘‘the ‘187 patent’’). Id. The notice of investigation, including the ID, the
Products Containing Same; Notice of
investigation named Actions petitions for review, and the responses
Commission Decision To Review
Semiconductor Co. of Guangdong, thereto, the Commission has determined
Portions of an Initial Determination
China (‘‘Actions’’) as the only to review the ID in part:
Finding a Violation of Section 337 of
the Tariff Act of 1930 and To Deny respondent. (1) With respect to the ‘187 patent, the
Respondent’s Motion for Leave To File On June 9, 2005, the ALJ issued an ID Commission has determined to review
a Reply to the Responses to (Order No. 5) granting complainant’s the ALJ’s construction of the claim term
Respondent’s Petition for Review motion to amend the complaint and ‘‘memory’’ in claim 13 to remove the
notice of investigation to add allegations apparent inadvertent inclusion of the
AGENCY: U.S. International Trade of infringement of the previously word ‘‘firmware’’ from his claim
Commission. asserted patents and to add an allegation construction.
ACTION: Notice. of a violation of section 337 by reason (2) With respect to the ‘522 patent, the
of infringement of claims 1, 6, 9, and 13 Commission has determined to review
SUMMARY: Notice is hereby given that of U.S. Patent No. 6,366,522 (‘‘the ‘522 the ALJ’s construction of the following
the U.S. International Trade patent’’). That ID was not reviewed by limitation of claims 1 and 9: ‘‘Produce
Commission has determined to review the Commission. the system clock control signal and
certain portions of a final initial On October 13, 2005, the ALJ issued power supply control signal based on a
determination (‘‘ID’’) of the presiding an ID (Order No. 9) granting processing transfer characteristic of the
administrative law judge (‘‘ALJ’’) complainant’s motion to terminate the computation engine.’’ The Commission
finding a violation of section 337 of the investigation as to the ‘279 patent. On has also determined to review the ALJ’s
Tariff Act of 1930, as amended, in the October 31, 2005, the Commission findings of fact and conclusions of law
above-captioned investigation. The determined not to review the ID. concerning infringement of claims 1, 6,
Commission has also denied On October 31, 2005, the ALJ issued 9, and 13 of the ‘522 patent by the
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respondent’s motion for leave to file a an ID (Order No. 14) granting accused Actions chips, and to review
reply in support of its petition for complainant’s motion for summary the ALJ’s findings of fact and
review. determination that the importation conclusions of law concerning whether
FOR FURTHER INFORMATION CONTACT: requirement of section 337 has been SigmaTel’s chips satisfy the technical
Steven W. Crabb, Esq., Office of the satisfied. On November 1, 2005, the ALJ prong of the domestic industry

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