Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Notices 74561

Coˆte d’Ivoire (formerly known as Ivory 

Coast). In addition, U.S. manufacturers 

and exporters and any other affected 

parties are hereby notified that the 

Department of State has suspended all 

previously issued licenses and 

approvals to export or otherwise transfer 

defense articles and defense services to 

Coˆte d’Ivoire. These actions have been 

taken in accordance with U.N. Security 

Council Resolution 1572, unanimously 

passed on November 15, 2004, which 

imposes an embargo on the export of 

arms and related material, as well as 

defense services, to the West African 

nation of Coˆte d’Ivoire. The embargo 

will remain in effect for a period of 13 

months unless otherwise amended. 

The resolution establishing the 

embargo enjoins all states to ‘‘take the 

necessary measures to prevent the direct 

or indirect supply, sale or transfer to 

Coˆte d’Ivoire, from their territories or by 

their nationals, or using their flag 

vessels or aircraft, of arms or any related 

materiel, in particular military aircraft 

and equipment, whether or not 

originating in their territories, as well as 

the provision of any assistance, advice 

or training related to military activities’’. 

The resolution establishes several 

exceptions under which the embargo 

will not apply, namely: 

(a) Supplies and technical assistance 

intended solely for the support of or use 

by UNOCI (United Nations Operations 

in Coˆte d’Ivoire) and the French forces 

who support them; 

(b) Supplies of non-lethal military 

equipment intended solely for 

humanitarian or protective use, and 

related technical assistance and 

training, as approved in advance by a 

representative committee consisting of 

all the members of the Security Council; 

(c) Supplies of protective clothing, 

including flak jackets and military 

helmets, temporarily exported to Coˆte 

d’Ivoire by United Nations personnel, 

representatives of the media and 

humanitarian and development workers 

and associated personnel, for their 

personal use only; 

(d) Supplies temporarily exported to 

Coˆte d’Ivoire to the forces of a State 

which is taking action, in accordance 

with international law, solely and 

directly to facilitate the evacuation of its 

nationals and those for whom it has 

consular responsibility in Coˆte d’Ivoire, 

as notified in advance to the 

representative committee consisting of 

all the members of the Security Council; 

and 

(e) Supplies of arms and related 

materiel and technical training and 

assistance intended solely for support of 

or use in the process of restructuring 

defense and security forces as approved 

in advance by the representative 

committee consisting of all the members 

of the Security Council. 

U.S. exporters are advised that, 

effective November 16, 2004, no 

application for the export to Ivory Coast 

of defense articles or services covered 

by the International Traffic in Arms 

Regulations (ITAR) will be approved. 

Exceptions to this policy will be made, 

in accordance with the ITAR, on a caseby-case basis for proposed exports that 

conform to the conditions specified in 

(a) through (e) above. Any existing 

license or authorization for the export to 

Ivory Coast of ITAR-controlled defense 

articles or services is hereby suspended. 

Holders of existing licenses and 

authorizations for exports to Ivory Coast 

must submit documentation for review 

by the Directorate of Defense Trade 

Controls (DDTC) supporting the meeting 

of one of the exceptions cited above 

prior to DDTC lifting the suspension. 

This action has been taken pursuant 

to Sections 38 and 42 of the AECA (22 

U.S.C. 2778, 2791) and Section 126.7 of 

the ITAR in furtherance of the foreign 

policy of the United States.

Dated: December 6, 2004. 

Rose M. Likins, 

Acting Assistant Secretary, Political-Military 

Affairs, Department of State.

[FR Doc. 04–27353 Filed 12–13–04; 8:45 am] 

BILLING CODE 4710–25–P

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

Identification of Countries Under 

Section 182 of the Trade Act of 1974: 

Request for Public Comment on Outof-Cycle Review of the People’s 

Republic of China

AGENCY: Office of the United States 

Trade Representative.

ACTION: Request for written submissions 

from the public. 

SUMMARY: Section 182 of the Trade Act 

of 1974 (Trade Act) (19 U.S.C. 2242), 

requires the United States Trade 

Representative (USTR) to identify 

countries that deny adequate and 

effective protection of intellectual 

property rights (IPRs) or deny fair and 

equitable market access to U.S. persons 

who rely on intellectual property 

protection. In addition, USTR is 

required to determine which of those 

countries should be identified as 

Priority Foreign Countries. Section 182 

is commonly referred to as the ‘‘Special 

301’’ provision of the Trade Act. 

The People’s Republic of China 

(China) was designated a Priority 

Foreign Country in 1994, and has 

subsequently remained subject to 

monitoring under Section 306 of the 

Trade Act (19 U.S.C. 2416). On May 3, 

2004, USTR announced the results of 

the 2004 Special 301 review and stated 

that an Out-of-Cycle Review (OCR) 

would be conducted in early 2005 to 

assess China’s actions to implement 

effectively the commitments it 

undertook under the Joint Commission 

on Commerce and Trade (JCCT), its 

WTO commitments, and a 1995 bilateral 

intellectual property agreement with the 

United States (including additional 

commitments made in 1996). USTR will 

examine whether China’s actions are 

producing substantial progress toward a 

significant reduction in IPR 

infringement levels in China. USTR 

requests written comments from the 

public concerning the acts, policies, and 

practices relevant for this review under 

Section 182 of the Trade Act.

DATES: Submissions must be received on 

or before 5 p.m. on Monday, January 31, 

2005.

ADDRESSES: Comments should be 

addressed to Sybia Harrison, Special 

Assistant to the Section 301 Committee, 

and sent (i) electronically, to 

FR0446@ustr.eop.gov, with ‘‘Special 301 

Out-of-Cycle Review’’ in the subject 

line, or (ii) by fax, to (202) 395–9458, 

with a confirmation copy sent 

electronically to the e-mail address 

above.

FOR FURTHER INFORMATION CONTACT:

Victoria Espinel, Deputy Assistant U.S. 

Trade Representative for Intellectual 

Property, at (202) 395–6864, Angela 

Davis, Director of China Affairs, at (202) 

395–3900, or Stanford McCoy, Assistant 

General Counsel, at (202) 395–3581, 

Office of the United States Trade 

Representative.

SUPPLEMENTARY INFORMATION: Pursuant 

to Section 182 of the Trade Act, USTR 

must identify those countries that deny 

adequate and effective protection for 

intellectual property rights or deny fair 

and equitable market access to U.S. 

persons who rely on intellectual 

property protection. Those countries 

that have the most onerous or egregious 

acts, policies, or practices and whose 

acts, policies, or practices have the 

greatest adverse impact (actual or 

potential) on relevant U.S. products may 

be identified as Priority Foreign 

Countries. Acts, policies, or practices 

that are the basis of a country’s 

designation as a Priority Foreign 

Country are normally the subject of an 

investigation under the Section 301 

provisions of the Trade Act. China was 

designated a Priority Foreign Country in 

1994, and has subsequently remained 

74562 Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Notices 

1http://www.ustr.gov/assets/Document_Library/

Fact_Sheets/2004/asset_upload_file225_5834.pdf.

2http://www.ustr.gov/assets/Trade_Sectors/

Intellectual_Property/

2005_China_Out_of_Cycle_Review/

asset_upload_file942_6340.doc.

subject to monitoring under Section 306 

of the Trade Act. 

Improving protection for intellectual 

property in China is a top priority for 

this Administration. To that end, during 

the April 2004 meeting of the Joint 

Commission on Commerce and Trade 

(JCCT), China agreed to take certain 

specific steps toward China’s goal of 

significantly reducing IPR 

infringement.1

On May 3, 2004, USTR announced the 

results of the 2004 Special 301 review 

and stated that an OCR would be 

conducted in early 2005 to assess 

China’s actions to implement effectively 

the commitments it undertook under the 

JCCT, its WTO commitments, and the 

1995 bilateral intellectual property 

agreement with the United States 

(including additional commitments 

made in 1996). USTR will examine 

whether China’s actions are producing 

substantial progress toward a significant 

reduction in IPR infringement levels in 

China. The direct input of U.S. IPR 

leaders and participants in China’s 

market is critical to USTR’s ability to 

thoroughly evaluate China’s progress. 

Earlier this year, Ambassador Josette 

Sheeran Shiner, Deputy U.S. Trade 

Representative, sent an open letter to 

industry requesting data on the 

prevalence of IPR infringement in China 

and examples of specific individual 

cases where IPRs in China have or have 

not been respected. USTR reiterates this 

request as part of the formal OCR. Given 

the scale and nature of the information 

needed and the importance of this issue, 

receipt of data regarding both successes 

and failures from January 2002 and 

onward is crucial to identifying shortand long-term progress in China, and 

any additional shortcomings in China’s 

IPR regime. Submission of responses is 

entirely voluntary, and it is up to each 

respondent to decide how to respond. 

For example, industry groups may wish 

to provide data on prevalence of IPR 

infringement, while individual 

companies may wish to focus on 

specific individual cases of IPR 

infringement. 

The following information will be 

particularly useful for the OCR 

evaluation process:

—Detailed retail and consumer market 

surveys (for example, calculating on a 

monthly basis the rates of pirated or 

counterfeit product available through 

various retail channels in major cities 

across China);

—Detailed reports on major centers 

around China dealing in or producing 

infringing product and the success or 

failure of Chinese authorities in 

eliminating those centers; 

—Detailed reports on particular 

geographic areas or sectors where 

China’s enforcement of IPRs is notable 

for either its weakness or its strength; 

—industry data on exports of infringing 

products from China to the United 

States and other international 

markets; 

—information on sources and 

supporters of the production of 

infringing products (e.g., whether 

infringing production is individual, 

corporate, state-supported, supported 

by organized crime or official 

corruption, etc., and whether such 

support is local, provincial, regional 

or national in scope); 

—trade estimates showing any effect on 

trade of IPR infringing goods; 

—statistical data, if appropriate, 

aggregated from the experiences of 

members of right holder 

organizations, on the actions 

undertaken and results produced by 

China’s authorities responsible for 

enforcement of specific IPRs of 

concern to industry, including data 

based on right holder experience with

fi type and amount of penalties (e.g., 

fines, license suspensions, 

imprisonments) and seizures of 

infringing goods and implements used 

to make them; 

fi frequency and type of all relevant 

forms of enforcement action, such as 

initiation of administrative action, raids, 

referrals for criminal prosecution, 

imposition of penalties, and other 

relevant enforcement actions; and 

fi data on deterrence or lack thereof, 

e.g., recidivism; and

—dossiers prepared by individual right 

holders on significant enforcement 

cases, preferably in the format 

specified by the template available on 

the USTR Web site (referenced 

below), together with other 

information that right holders 

consider to be relevant. 

In addition to this factual information, 

USTR encourages respondents to 

provide a detailed evaluation of specific 

strengths and weaknesses of China’s 

legal regimes for enforcement of IPRs in 

light of relevant international standards 

and U.S.-China bilateral commitments. 

In particular, we seek comments on 

implementation of China’s JCCT 

commitment to issue new judicial 

interpretations by the end of 2004 that 

will (a) lower the value thresholds that 

trigger criminal investigation and the 

application of criminal penalties for IPR 

violations; and (b) facilitate the 

application of criminal sanctions to online piracy and to the import, export, 

distribution, storage and sale of 

counterfeit and pirated goods by 

clarifying the standards for such 

application. 

Any submitted information that 

respondents wish to remain confidential 

should be certified and marked as 

indicated in this notice.

Requirements for Comments:

Comments should include a description 

of the problems experienced and the 

effect of the acts, policies, and practices 

on U.S. industry. Comments should be 

as detailed as possible and should 

provide all necessary information for 

assessing the effect of the acts, policies, 

and practices. Any comments that 

include quantitative loss claims should 

be accompanied by the methodology 

used in calculating such estimated 

losses. A template available on the 

USTR Web site provides optional 

guidance for submission of information 

on specific cases.2 Respondents using 

the template may depart from the 

template as necessary and are 

encouraged to provide supplementary 

information.

Comments must be in English. No 

submissions will be accepted via postal 

service mail. Documents should be 

submitted as either WordPerfect, MS 

Word, or text (.TXT) files. Supporting 

documentation submitted as 

spreadsheets is acceptable as Quattro 

Pro or Excel files. A submitter 

requesting that information contained in 

a comment be treated as confidential 

business information must certify that 

such information is business 

confidential and would not customarily 

be released to the public by the 

submitter. A non-confidential version of 

the comment must also be provided. For 

any document containing business 

confidential information, the file name 

of the business confidential version 

should begin with the characters ‘‘BC-’’, 

and the file name of the public version 

should begin with the character ‘‘P-’’. 

The ‘‘P-’’ or ‘‘BC-’’ should be followed 

by the name of the submitter. 

Submissions should not include 

separate cover letters; information that 

might appear in a cover letter should be 

included in the submission itself. To the 

extent possible, any attachments to the 

submission should be included in the 

same file as the submission itself, and 

not as separate files. 

All comments should be addressed to 

Sybia Harrison, Special Assistant to the 

Section 301 Committee, and sent (i) 

electronically, to FR0446@ustr.eop.gov, 

Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Notices 74563

with ‘‘Special 301 Out-of-Cycle Review’’

in the subject line, or (ii) by fax, to (202) 

395–9458, with a confirmation copy 

sent electronically to the e-mail address 

above. 

Public Inspection of Submissions:

Within one business day of receipt, nonconfidential submissions will be placed 

in a public file open for inspection at 

the USTR reading room, Office of the 

United States Trade Representative, 

Annex Building, 1724 F Street, NW., 

Room 1, Washington, DC. An 

appointment to review the file must be 

scheduled at least 48 hours in advance 

and may be made by calling Jacqueline 

Caldwell at (202) 395–6186. The USTR 

reading room is open to the public from 

10 a.m. to noon and from 1 p.m. to 4 

p.m., Monday through Friday.

James Mendenhall, 

Assistant U.S. Trade Representative for 

Services, Investment, and Intellectual 

Property.

[FR Doc. 04–27373 Filed 12–13–04; 8:45 am] 

BILLING CODE 3190–W5–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

Proposed Advisory Circulars 25.856–

1X, Thermal/Acoustic Insulation Flame 

Propagation Test Method Details; and 

25.856–2X, Installation of Thermal/

Acoustic Insulation for Burnthrough 

Protection

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed advisory 

circulars and request for comments. 

SUMMARY: The Federal Aviation 

Administration invites public comment 

on two draft advisory circulars 

concerning thermal.acoustic insulation 

installed on transport category 

airplanes. The draft advisory material 

provides for demonstrating compliance 

with amendment 25–111, which was 

adopted on July 31, 2003.

DATE: Comments must be received on or 

before January 28, 2005.

ADDRESSES: You should send your 

comments to the Federal Aviation 

Administration, Transport Airplane 

Directorate, Attention: Jeff Gardlin, 

Airframe/Cabin Safety Branch, ANM–

115, Transport Airplane Directorate, 

Aircraft Certification Service, 1601 Lind 

Avenue SW., Renton, Washington 

98055–4056. You may also fax your 

comments to (425) 227–1149, or you 

may send them electronically to: 

jeff.gardlin@faa.gov. You may review all 

comments received at the above address 

between 7:30 a.m. and 4 p.m. weekdays, 

except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jeff 

Gardlin at the above address, telephone 

(425) 227–2136.

SUPPLEMENTARY INFORMATION: 

How Do I Obtain a Copy of the 

Proposed Advisory Circular? 

An electronic copy of the draft 

advisory circulars is available at the 

following Internet address: http://

www.airweb.faa.gov/rgl. If you do not 

have access to the Internet, you may 

request a copy by contacting Jeff Gardlin 

at the address or phone number listed 

above. 

How Do I Submit Comments on the 

Proposed Advisory Circular 

You are invited to comment on the 

draft ACs by submitting written 

comments, data, or views. Please 

identify the ACs by title and number. 

You should submit your comments to 

the address specified above. We will 

consider all comments that we receive 

on or before the closing date for 

comments before issuing the final AC. 

Discussion 

On July 31, 2003, we published 

amendment 25–111 to 14 CFR part 25 

(68 FR 45046). That amendment added 

new fire protection requirements 

applicable to thermal/acoustic 

insulation materials. It introduced a 

new test method and requirement that 

improves the fire penetration resistance 

of those materials, and added new test 

requirements related to flame 

propagation and burnthrough 

penetration resistance. 

We have developed two draft advisory 

circulars to assist in demonstrating 

compliance with amendment 25–111. 

These ACs are: 

• AC 25.756–1X, ‘‘Thermal/Acoustic 

Insulation Flame Propagation Test 

Method Details.’’ This AC describes the 

test method to determine the 

flammability and flame propagation 

characteristics of thermal/acoustic 

insulation materials. It addresses issues 

such as test sample construction, test 

conduct considerations, and the 

applicability of amendment 25–111 to 

certain materials and installations. 

• AC 25.856–2X, ‘‘Installation of 

Thermal/Acoustic Insulation for 

Burnthrough Protection.’’ This AC 

provides guidance concerning the test 

method to determine the burnthrough 

resistance of thermal/acoustic insulation 

materials installed in transport category 

airplanes. Also included is guidance on 

the installation details and techniques, 

as well as test condition details.

Issued in Renton, Washington, on 

December 3, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–27359 Filed 12–13–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

RTCA Special Committee 202: Portable 

Electronic Devices

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of RTCA Special 

Committee 202 meeting. 

SUMMARY: The FAA is issuing this notice 

to advise the public of a meeting of 

RTCA Special Committee 202: Portable 

Electronic Devices.

DATES: The meeting will be held on 

January 11–15, 2005 from 9 a.m. to 4:30 

p.m.

ADDRESSES: The meeting will be held at 

Prime Hotel & Suites, 5975 Lusk Blvd., 

San Diego, CA 92121.

FOR FURTHER INFORMATION CONTACT:

RTCA Secretariat, 1828 L Street, NW., 

Suite 805, Washington, DC 20036–5133; 

telephone (202) 833–9339; fax (202) 

833–9434; web site http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant 

to section 10(a) of the Federal Advisory 

Committee Act (P.L. 92–463, 5 U.S.C., 

Appendix 2), notice is hereby given for 

a Special Committee 202 meeting. The 

agenda will include: 

• January 11 & 14: 

• Working Groups 1 through 4 meet 

all day 

• January 12: 

• Opening Plenary Session (Welcome 

and Introductory Remarks, Review 

Agenda, Review/Approve previous 

Common Plenary Summary, Review 

Open Action Items) 

• Update from EUROCAE Working 

Group WG–58

• Report from Consumer Electronic 

Association (CEA) Discovery Group 

• Update from Regulatory Agencies 

(FAA, UK–CAA, Canadian TSB, or other 

members present) 

• Report on PMC approval of Phase 1 

document: DO–294

• RF–ID Tags for Phase 2 work by J. 

Dimtroff of FAA Seattle, ACO 

• Testing and development by the EC 

Wireless Cabin consortium by DLR, 

Germany 

• Airbus and On-Air testing/

development on mobile phone solutions 

to the aircraft cabin, by R. Kebel of 

Airbus