65610 Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Notices 

the list in Annex 3.25 of the CAFTA– 

DR Agreement in unrestricted 

quantities. 

FOR FURTHER INFORMATION CONTACT: 

Maria Dybczak, Office of Textiles and 

Apparel, U.S. Department of Commerce, 

(202) 482–3651. 

FOR FURTHER INFORMATION ON-LINE: 

http://web.ita.doc.gov/tacgi/

CaftaReqTrack.nsf under ‘‘Approved 

Requests,’’ Reference number: 149.2010.

09.22.Fabric.ElderManufacturingCo. 

SUPPLEMENTARY INFORMATION: 

Authority: The CAFTA–DR Agreement; 

Section 203(o)(4) of the Dominican RepublicCentral America-United States Free Trade 

Agreement Implementation Act (‘‘CAFTA–DR 

Implementation Act’’), Pub. L. 109–53; the 

Statement of Administrative Action, 

accompanying the CAFTA–DR 

Implementation Act; and Presidential 

Proclamations 7987 (February 28, 2006) and 

7996 (March 31, 2006). 

Background 

The CAFTA–DR Agreement provides 

a list in Annex 3.25 for fabrics, yarns, 

and fibers that the Parties to the 

CAFTA–DR Agreement have 

determined are not available in 

commercial quantities in a timely 

manner in the territory of any Party. The 

CAFTA–DR Agreement provides that 

this list may be modified pursuant to 

Article 3.25(4)–(5), when the President 

of the United States determines that a 

fabric, yarn, or fiber is not available in 

commercial quantities in a timely 

manner in the territory of any Party. See 

Annex 3.25 of the CAFTA–DR 

Agreement; see also section 203(o)(4)(C) 

of the CAFTA–DR Implementation Act. 

The CAFTA–DR Implementation Act 

requires the President to establish 

procedures governing the submission of 

a request and providing opportunity for 

interested entities to submit comments 

and supporting evidence before a 

commercial availability determination is 

made. In Presidential Proclamations 

7987 and 7996, the President delegated 

to CITA the authority under section 

203(o)(4) of CAFTA–DR Implementation 

Act for modifying the Annex 3.25 list. 

Pursuant to this authority, on September 

15, 2008, CITA published modified 

procedures it would follow in 

considering requests to modify the 

Annex 3.25 list of products determined 

to be not commercially available in the 

territory of any Party to CAFTA–DR 

(Modifications to Procedures for 

Considering Requests Under the 

Commercial Availability Provision of 

the Dominican Republic-Central 

America-United States Free Trade 

Agreement, 73 FR 53200) (‘‘CITA’s 

procedures’’). 

On September 22, 2010, the Chairman 

of CITA received a Request for a 

Commercial Availability Determination 

(‘‘Request’’) from Elder Manufacturing 

Company, Inc. for certain woven flannel 

fabrics of polyester, rayon, and acrylic. 

On September 24, 2010, in accordance 

with CITA’s procedures, CITA notified 

interested parties of the Request, which 

was posted on the dedicated Web site 

for CAFTA–DR Commercial Availability 

proceedings. In its notification, CITA 

advised that any Response with an Offer 

to Supply (‘‘Response’’) must be 

submitted by October 6, 2010, and any 

Rebuttal Comments to a Response 

(‘‘Rebuttal’’) must be submitted by 

October 13, 2010, in accordance with 

Sections 6 and 7 of CITA’s procedures. 

No interested entity submitted a 

Response to the Request advising CITA 

of its objection to the Request and its 

ability to supply the subject product. 

In accordance with section 

203(o)(4)(C) of the CAFTA–DR 

Implementation Act, and Section 8(c)(2) 

of CITA’s procedures, as no interested 

entity submitted a Response objecting to 

the Request and demonstrating its 

ability to supply the subject product, 

CITA has determined to add the 

specified fabric to the list in Annex 3.25 

of the CAFTA–DR Agreement. 

The subject product has been added 

to the list in Annex 3.25 of the CAFTA– 

DR Agreement in unrestricted 

quantities. A revised list has been 

posted on the dedicated Web site for 

CAFTA–DR Commercial Availability 

proceedings. 

Specifications: Certain Woven Flannel 

Fabric 

HTS Subheading: 5515.11.0040 

Fiber Content: 50% Polyester, 25% Rayon, 

25% Acrylic 

Yarn Size(s): 2/47 x 2/47 to 2/50 x 2/50 

Thread Count (warp): 32 to 33 cm 

Thread Count (weft): 25.5 to 26.5 picks/cm 

Weave Type: Four harness twill 

Fabric Weight: 210–225 grams per square 

meter 

Fabric Width: 148–152 cm 

Coloration: Piece dyed, then over dyed 

(single uniform color) 

Finishing Processes: (CRF) Finish softeners, 

singed, semi-decated, sheared 

Janet E. Heinzen, 

Acting Chairman, Committee for the 

Implementation of Textile Agreements. 

[FR Doc. 2010–27078 Filed 10–25–10; 8:45 am] 

BILLING CODE 3510–DS–P 

COMMISSION ON CIVIL RIGHTS 

Agenda and Notice of Public Meeting 

of the South Dakota Advisory 

Committee 

Notice is hereby given, pursuant to 

the provisions of the rules and 

regulations of the U.S. Commission on 

Civil Rights (Commission), and the 

Federal Advisory Committee Act 

(FACA), that a planning meeting of the 

South Dakota Advisory Committee to 

the Commission will convene by 

conference call at 1 p.m. (MT) on 

Wednesday, November 10, 2010. The 

purpose of this meeting is to provide a 

brief overview of recent Commission 

and regional activities, discuss civil 

rights issues in the State, receive update 

on subcommittee to organize a ‘‘working 

group’’ to address law enforcement 

issues in Mellette County. The 

Committee will also discuss current 

progress on excise taxation of members 

of the Sisseton-Wahpeton Oyate Tribe. 

This meeting is available to the public 

through the following toll-free call-in 

and conference ID numbers: 1–800– 

516–9896; conference ID 8334. Any 

interested member of the public may 

call this number and listen to the 

meeting. Callers can expect to incur 

charges for calls they initiate over 

wireless lines, and the Commission will 

not refund any incurred charges. Callers 

will incur no charge for calls they 

initiate over land-line connections to 

the toll-free telephone number. Persons 

with hearing impairments may also 

follow the proceedings by first calling 

the Federal Relay Service at 1–800–977– 

8339 and providing the Service with the 

conference call number and conference 

ID. 

To ensure that the Commission 

secures an appropriate number of lines 

for the public, persons are asked to 

register by contacting Evelyn Bohor of 

the Rocky Mountain Regional Office and 

TTY/TDD (303) 866–1049 by noon on 

November 5. 

Members of the public are entitled to 

submit written comments. The 

comments must be received in the 

regional office by December 10, 2010. 

The address is: U.S. Commission on 

Civil Rights, Rocky Mountain Regional 

Office, 999–18th Street, Suite 1380 

South, Denver, CO 80202. Comments 

may be e-mailed to ebohor@usccr.gov. 

Records generated by this meeting may 

be inspected and reproduced at the 

Rocky Mountain Regional Office, as 

they become available, both before and 

after the meeting. Persons interested in 

the work of this advisory committee are 

advised to go to the Commission’s Web 

site, http://www.usccr.gov, or to contact 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Notices 65611 

the Rocky Mountain Regional Office at 

the above e-mail or street address. 

The meeting will be conducted 

pursuant to the provisions of the rules 

and regulations of the Commission and 

FACA. 

Dated in Washington, DC, October 21, 

2010. 

Peter Minarik, 

Acting Chief, Regional Programs 

Coordination Unit. 

[FR Doc. 2010–26996 Filed 10–25–10; 8:45 am] 

BILLING CODE 6335–01–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

Native American Tribal Insignia 

Database 

ACTION: Proposed collection; comment 

request. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO), as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 

agencies to take this opportunity to 

comment on the continuing information 

collection, as required by the Paperwork 

Reduction Act of 1995, Public Law 104– 

13 (44 U.S.C. 3506(c)(2)(A)). 

DATES: Written comments must be 

submitted on or before December 27, 

2010. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• E-mail: 

InformationCollection@uspto.gov. 

Include ‘‘0651–0048 comment’’ in the 

subject line of the message. 

• Fax: 571–273–0112, marked to the 

attention of Susan Fawcett. 

• Mail: Susan K. Fawcett, Records 

Officer, Office of the Chief Information 

Officer, United States Patent and 

Trademark Office, P.O. Box 1450, 

Alexandria, VA 22313–1450. 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information 

should be directed to Sharon Marsh, 

Deputy Commissioner for Trademark 

Examination Policy, Office of the 

Commissioner for Trademarks, United 

States Patent and Trademark Office, 

P.O. Box 1451, Alexandria, VA 22313– 

1451, by telephone at 571–272–8900, or 

by e-mail to Sharon.Marsh@uspto.gov. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

The Trademark Law Treaty 

Implementation Act of 1998 (Pub. L. 

105–330, § 302, 112 Stat. 3071) required 

the United States Patent and Trademark 

Office (USPTO) to study issues 

surrounding the protection of the 

official insignia of federally- and Staterecognized Native American tribes 

under trademark law. The USPTO 

conducted the study and presented a 

report to the House and Senate Judiciary 

Committees on November 30, 1999. One 

of the recommendations made in the 

report was that the USPTO create and 

maintain an accurate and 

comprehensive database containing the 

official insignia of all federally- and 

State-recognized Native American 

tribes. In accordance with this 

recommendation, the Senate Committee 

on Appropriations directed the USPTO 

to create this database. 

The USPTO database of official tribal 

insignias assists trademark attorneys in 

their examination of applications for 

trademark registration. Additionally, the 

database provides evidence of what a 

federally- or State-recognized Native 

American tribe considers to be its 

official insignia. The database serves as 

a reference for examining attorneys 

when determining the registrability of a 

mark that may falsely suggest a 

connection to the official insignia of a 

Native American tribe. The database is 

also available to the public on the 

USPTO Web site. 

Tribes are not required to request that 

their official insignia be included in the 

database. The entry of an official 

insignia into the database does not 

confer any rights to the tribe that 

submitted the insignia, and entry is not 

the legal equivalent of registering the 

insignia as a trademark under 15 U.S.C. 

1051 et seq. The inclusion of an official 

tribal insignia in the database does not 

create any legal presumption of validity 

or priority, does not carry any of the 

benefits of Federal trademark 

registration, and is not a determination 

as to whether a particular insignia 

would be refused registration as a 

trademark pursuant to 15 U.S.C. 1051 

et seq. 

Requests from federally-recognized 

tribes to enter an official insignia into 

the database must be submitted in 

writing and include: (1) A depiction of 

the insignia, including the name of the 

tribe and the address for 

correspondence; (2) a copy of the tribal 

resolution adopting the insignia in 

question as the official insignia of the 

tribe; and (3) a statement, signed by an 

official with authority to bind the tribe, 

confirming that the insignia included 

with the request is identical to the 

official insignia adopted by the tribal 

resolution. 

Requests from State-recognized tribes 

must also be in writing and include 

each of the three items described above 

that are submitted by federallyrecognized tribes. Additionally, requests 

from State-recognized tribes must 

include either: (a) A document issued 

by a State official that evidences the 

State’s determination that the entity is a 

Native American tribe; or (b) a citation 

to a State statute designating the entity 

as a Native American tribe. The USPTO 

enters insignia that have been properly 

submitted by federally- or Staterecognized Native American tribes into 

the database and does not investigate 

whether the insignia is actually the 

official insignia of the tribe making the 

request. 

This collection includes the 

information needed by the USPTO to 

enter an official insignia for a federallyor State-recognized Native American 

tribe into a database of such insignia. No 

forms are associated with this 

collection. 

II. Method of Collection 

By mail, facsimile, or hand delivery to 

the USPTO. 

III. Data 

OMB Number: 0651–0048. 

Form Number(s): None. 

Type of Review: Revision of a 

currently approved collection. 

Affected Public: Tribal governments. 

Estimated Number of Respondents: 8 

responses per year. 

Estimated Time per Response: The 

USPTO estimates that a federally- or 

State-recognized Native American tribe 

will require an average of 30 minutes 

(0.5 hours) to complete a request to 

record an official insignia, including 

time to prepare the appropriate 

documents and submit the completed 

request to the USPTO. 

Estimated Total Annual Respondent 

Burden Hours: 5. hours. 

Estimated Total Annual Respondent 

Cost Burden: $325. The USPTO expects 

that the information in this collection 

will be prepared by both 

paraprofessionals and administrative 

staff. The estimated rate of $65 per hour 

used in this submission is an average of 

the paraprofessional rate of $100 per 

hour and the administrative rate of $30 

per hour. Using this rate of $65 per 

hour, the USPTO estimates that the 

respondent cost burden for submitting 

the information in this collection will be 

$325 per year. 


emcdonald on DSK2BSOYB1PROD with NOTICES