Federal Register / Vol. 69, No. 232 / Friday, December 3, 2004 / Notices 70235

APO materials or conversion to judicial 

protective order is hereby requested. 

Failure to comply with the regulations 

and the terms of an APO is a 

sanctionable violation. 

This determination is issued and 

published in accordance with sections 

735(d) and 777(i)(1) of the Act.

James J. Jochum, 

Assistant Secretary for Import 

Administration.

[FR Doc. E4–3458 Filed 12–2–04; 8:45 am] 

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration 

Export Trade Certificate of Review

ACTION: Notice of issuance of an export 

trade certificate of review, application 

No. 04–00003. 

SUMMARY: The Department of Commerce 

has issued an Export Trade Certificate of 

Review to the Rocky Mountain 

Instrument Company (‘‘RMI’’). This 

notice summarizes the conduct for 

which certification has been granted.

FOR FURTHER INFORMATION CONTACT:

Jeffrey Anspacher, Director, Export 

Trading Company Affairs, International 

Trade Administration, by telephone at 

(202) 482–5131 (this is not a toll-free 

number), or by E-mail at 

oetca@ita.doc.gov.

SUPPLEMENTARY INFORMATION: Title III of 

the Export Trading Company Act of 

1982 (15 U.S.C. 4011–21) authorizes the 

Secretary of Commerce to issue Export 

Trade Certificates of Review. The 

regulations implementing Title III are 

found at 15 CFR 325 (2004). 

Export Trading Company Affairs is 

issuing this notice pursuant to 15 CFR 

325.6(b), which requires the Department 

of Commerce to publish a summary of 

the Certification in the Federal Register. 

Under Section 305(a) of the Act and 15 

CFR 325.11(a), any person aggrieved by 

the Secretary’s determination may, 

within 30 days of the date of this notice, 

bring an action in any appropriate 

district court of the United States to set 

aside the determination on the ground 

that the determination is erroneous. 

Description of Certified Conduct 

I. Export Trade 

Products 

Laser and imaging optical 

components, coatings, assemblies, 

electro-optical systems, and laser 

marking systems. 

II. Export Markets 

The Export Markets include all parts 

of the world except the United States 

(the fifty states of the United States, the 

District of Columbia, the 

Commonwealth of Puerto Rico, the 

Virgin Islands, American Samoa, Guam, 

the Commonwealth of the Northern 

Mariana Islands, and the Trust Territory 

of the Pacific Islands). 

III. Export Trade Activities and 

Methods of Operation 

With respect to the export of its 

products, RMI may: 

1. Enter into arrangements with 

foreign distributors or customers to: 

(a) Establish exclusive relationships; 

and 

(b) Establish specific territorial sales 

restrictions. 

2. Enter into agreements with primary 

customers to allow RMI to sell custombuilt products to third-party customers. 

A copy of this certificate will be kept 

in the International Trade 

Administration’s Freedom of 

Information Records Inspection Facility, 

Room 4001, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230.

Dated: November 29, 2004. 

Jeffrey Anspacher, 

Director, Export Trading Company Affairs.

[FR Doc. 04–26593 Filed 12–2–04; 8:45 am] 

BILLING CODE 3510–DR–U

DEPARTMENT OF COMMERCE

International Trade Administration 

North American Free-Trade 

Agreement, Article 1904 NAFTA Panel 

Reviews; Notice of Request for an 

Extraordinary Challenge Committee

AGENCY: NAFTA Secretariat, United 

States Section, International Trade 

Administration, Department of 

Commerce.

ACTION: Notice of Request for an 

Extraordinary Challenge Committee to 

review the binational NAFTA Panel 

decisions of September 5, 2003; April 

19, 2004; and August 31, 2004 in the 

matter of Certain Softwood Lumber 

Products from Canada—Final 

Affirmative Threat of Material Injury 

Determination, Secretariat File No. 

USA/CDA–2002–1904–07. 

SUMMARY: On November 24, 2004, the 

Office of the United States Trade 

Representative filed a Request for an 

Extraordinary Challenge Committee to 

review decisions as stated above with 

the United States Section of the NAFTA 

Secretariat pursuant to Article 1904 of 

the North American Free Trade 

Agreement. Committee review was 

requested of the final affirmative threat 

of material injury made by the 

International Trade Commission, 

respecting Certain Softwood Lumber 

Products From Canada. These 

determinations were published in the 

Federal Register. The NAFTA 

Secretariat has assigned Case Number 

ECC–2004–1904–01USA to this request.

FOR FURTHER INFORMATION CONTACT:

Caratina L. Alston, United States 

Secretary, NAFTA Secretariat, Suite 

2061, 14th and Constitution Avenue, 

Washington, DC 20230, (202) 482–5438.

SUPPLEMENTARY INFORMATION: Chapter 

19 of the North American Free-Trade 

Agreement (‘‘Agreement’’) establishes a 

mechanism to replace domestic judicial 

review of final determinations in 

antidumping and countervailing duty 

cases involving imports from a NAFTA 

country with review by independent 

binational panels. When a Request for 

Panel Review is filed, a panel is 

established to act in place of national 

courts to review expeditiously the final 

determination to determine whether it 

conforms with the antidumping or 

countervailing duty law of the country 

that made the determination. 

Under Article 1904 of the Agreement, 

which came into force on January 1, 

1994, the Government of the United 

States, the Government of Canada and 

the Government of Mexico established 

Rules of Procedure for Article 1904 

Binational Panel Reviews (‘‘Rules’’). 

These Rules were published in the 

Federal Register on February 23, 1994 

(59 FR 8686). 

A Request for an Extraordinary 

Challenge Committee was filed with the 

United States Section of the NAFTA 

Secretariat, pursuant to Article 1904 of 

the Agreement, on November 24, 2004, 

requesting panel review of the final 

affirmative threat of material injury as 

described above. 

The Rules provide that:

(a) A Party or participant in the panel 

review who proposes to participate in 

the extraordinary challenge proceeding 

shall file with the responsible 

Secretariat a Notice of Appearance 

within 10 days after the filing of the first 

Request for Extraordinary Challenge 

Committee (the deadline for filing a 

Notice of Appearance is December 6, 

2004); and 

(b) All briefs shall be filed within 21 

days after the Request for Extraordinary 

Challenge Committee (the deadline for 

filing briefs is December 15, 2004);

70236 Federal Register / Vol. 69, No. 232 / Friday, December 3, 2004 / Notices 

Dated: November 29, 2004. 

Caratina L. Alston, 

United States Secretary, NAFTA Secretariat.

[FR Doc. 04–26584 Filed 12–2–04; 8:45 am] 

BILLING CODE 3510–GT–P

DEPARTMENT OF COMMERCE

National Institute of Standards and 

Technology 

Announcing a Meeting of the 

Information Security and Privacy 

Advisory Board [Formerly the 

Computer System Security and Privacy 

Advisory Board]

AGENCY: National Institute of Standards 

and Technology, Commerce.

ACTION: Notice of meeting.

SUMMARY: Pursuant to the Federal 

Advisory Committee Act, 5 U.S.C. App., 

notice is hereby given that the 

Information Security and Privacy 

Advisory Board (ISPAB) will meet 

Tuesday, December 14, 2004, from 8:30 

a.m. until 5 p.m. and Wednesday, 

December 15, 2004, from 8:30 a.m. until 

5 p.m. All sessions will be open to the 

public. The Advisory Board was 

established by the Computer Security 

Act of 1987 (Pub. L. 100–235) and 

amended by the Federal Information 

Security Management Act of 2002 (Pub. 

L. 107–347) to advise the Secretary of 

Commerce and the Director of NIST on 

security and privacy issues pertaining to 

Federal computer systems. Details 

regarding the Board’s activities are 

available at http://csrc.nist.gov/ispab/.

DATES: The meeting will be held on 

December 14, 2004, from 8:30 a.m. until 

5 p.m. and December 15, 2004, from 

8:30 a.m. until 5 p.m.

ADDRESSES: The meeting will take place 

at the Bethesda Hyatt Regency Hotel, 

7400 Wisconsin Avenue (One Bethesda 

Metro Center), Bethesda, MD 20814. 

AGENDA 

—Welcome and Overview 

—ISPAB Work Plan Status Review 

—Department of Homeland Security 

Privacy Initiatives Briefing 

—US–VISIT Privacy Program Briefing 

—Update on the National Information 

Assurance Partnership Program 

—Introduction of New Director of NIST 

Information Technology Laboratory 

—Professional Credentialing Strategy 

—Agenda Development for March 2005 

ISPAB Meeting 

—Wrap-Up

Note that agenda items may change 

without notice because of possible 

unexpected schedule conflicts of 

presenters. 

Public Participation: The Board 

agenda will include a period of time, 

not to exceed thirty minutes, for oral 

comments and questions from the 

public. Each speaker will be limited to 

five minutes. Members of the public 

who are interested in speaking are asked 

to contact the Board Secretariat at the 

telephone number indicated below. In 

addition, written statements are invited 

and may be submitted to the Board at 

any time. Written statements should be 

directed to the ISPAB Secretariat, 

Information Technology Laboratory, 100 

Bureau Drive, Stop 8930, National 

Institute of Standards and Technology, 

Gaithersburg, MD 20899–8930. It would 

be appreciated if 35 copies of written 

material were submitted for distribution 

to the Board and attendees no later than 

December 8, 2005. Approximately 15 

seats will be available for the public and 

media.

FOR FURTHER INFORMATION CONTACT: Ms. 

Joan Hash, Board Secretariat, 

Information Technology Laboratory, 

National Institute of Standards and 

Technology, 100 Bureau Drive, Stop 

8930, Gaithersburg, MD 20899–8930, 

telephone: (301) 975–3357.

Dated: November 24, 2004. 

Hratch G. Semerjian, 

Acting Director.

[FR Doc. 04–26634 Filed 12–2–04; 8:45 am] 

BILLING CODE 3510–CN–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

[I.D. 101204A]

Small Takes of Marine Mammals 

Incidental to Specified Activities; LowEnergy Seismic Survey in the 

Southwest Pacific Ocean

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Notice of receipt of application 

and proposed incidental take 

authorization; request for comments.

SUMMARY: NMFS has received an 

application from the Scripps Institution 

of Oceanography, (Scripps), a part of the 

University of California, for an 

Incidental Harassment Authorization 

(IHA) to take small numbers of marine 

mammals, by harassment, incidental to 

conducting oceanographic surveys in 

the southwestern Pacific Ocean (SWPO). 

Under the Marine Mammal Protection 

Act (MMPA), NMFS is requesting 

comments on its proposal to issue an 

authorization to Scripps to incidentally 

take, by harassment, small numbers of 

several species of cetaceans for a limited 

period of time within the next year.

DATES: Comments and information must 

be received no later than January 3, 

2005.

ADDRESSES: Comments on the 

application should be addressed to 

Steve Leathery, Chief, Permits, 

Conservation and Education Division, 

Office of Protected Resources, National 

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 

20910–3225, or by telephoning the 

contact listed here. The mailbox address 

for providing email comments is 

PR1.101204A@noaa.gov. Please include 

in the subject line of the e-mail 

comment the following document 

identifier: 101204A. Comments sent via 

e-mail, including all attachments, must 

not exceed a 10–megabyte file size. A 

copy of the application containing a list 

of the references used in this document 

may be obtained by writing to this 

address or by telephoning the contact 

listed here and is also available at: http:/

/www.nmfs.noaa.gov/protlres/PR2/

SmalllTake/

smalltakelinfo.htm#applications.

FOR FURTHER INFORMATION CONTACT:

Kenneth Hollingshead, Office of 

Protected Resources, NMFS, (301) 713–

2322, ext 128.

SUPPLEMENTARY INFORMATION:

Background

Sections 101(a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce to allow, 

upon request, the incidental, but not 

intentional, taking of marine mammals 

by U.S. citizens who engage in a 

specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and either regulations are 

issued or, if the taking is limited to 

harassment, a notice of a proposed 

authorization is provided to the public 

for review.

Permission may be granted if NMFS 

finds that the taking will have a 

negligible impact on the species or 

stock(s) and will not have an 

unmitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses and that the 

permissible methods of taking and 

requirements pertaining to the 

monitoring and reporting of such 

takings are set forth. NMFS has defined 

‘‘negligible impact’’ in 50 CFR 216.103 

as ‘‘...an impact resulting from the 

specified activity that cannot be 

reasonably expected to, and is not 

reasonably likely to, adversely affect the