Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Notices 69143 

calculation must be a ‘‘reasonably 

accurate estimate’’ of the actual rate, 

that the calculation must be made in a 

manner that reflects differences in 

physical characteristics, and that the 

result must, while providing a deterrent 

for non-compliance, not be punitive, 

and provide an adequate explanation of 

that calculation. 

The Department’s decision in the final 

results of the Sixth Administrative 

Review Remand Determination is, in all 

other respects, upheld. 

The Department was directed to 

complete its redetermination with 

regard to remand issues within 45 days 

of the date of the opinion, or not later 

than December 19, 2005. 

Dated: November 3, 2005. 

Caratina L. Alston, 

United States Secretary, NAFTA Secretariat. 

[FR Doc. 05–22503 Filed 11–10–05; 8:45 am] 

BILLING CODE 3510–GT–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 050305B] 

Listing Endangered and Threatened 

Wildlife and Plants; Withdrawal of the 

Petition to List Eastern Oyster as 

Threatened or Endangered under the 

Endangered Species Act 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of the withdrawal of a 

petition. 

SUMMARY: NMFS announces that a 

request by Mr. Wolf-Dieter Busch (the 

petitioner) to withdraw his petition to 

list eastern oyster (Crassostrea virginica) 

has been received. NMFS has accepted 

this request and will cease the 

evaluation of the petition. However, in 

recognition of the considerable work 

that has been completed to date on the 

status review report and the value of 

this comprehensive resource to the 

management of this species, NMFS will 

ask the Biological Review Team (BRT) 

to complete the status review report. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Kimberly Damon-Randall, NMFS, 

Northeast Regional Office, (978) 281–

9300 x6535, or Marta Nammack, NMFS, 

HQ, (301) 713-1401 x180, or Jennifer 

Moore, NMFS Southeast Regional 

Office, (727) 824–5312. 

SUPPLEMENTARY INFORMATION: On 

January 11, 2005, NMFS received the 

petition to list eastern oyster 

(Crassostrea virginica) as threatened or 

endangered under the ESA. On May 18, 

2005, NMFS published a Federal 

Register notice (70 FR 28510) 

announcing that the petition and the 

information in our files indicated that 

the petitioned action may be warranted. 

Thus, NMFS initiated a review of the 

status of this species. 

On Wednesday, October 19, 2005, 

NMFS received a letter from the 

petitioner, dated October 13, 2005, 

requesting the recall of the eastern 

oyster petition. In his letter, the 

petitioner indicated that his request to 

withdraw the petition is due to 

confusion over the petition process. He 

noted the significant concerns of some 

that the species may be listed as 

endangered, thereby creating severe 

restrictions and regulations for this 

resource. He also expressed concern 

that, given the timeline of the review, 

NMFS may not currently have enough 

information to determine if eastern 

oyster subspecies exist. He concluded 

that he hopes that NMFS will continue 

with the review as he considers the 

status review report to be a 

comprehensive resource which will be 

of great value in focusing restoration 

activities for this species. 

NMFS has accepted this request and 

will consider the petition withdrawn, 

effective immediately. However, a 

considerable amount of effort has been 

expended to date by the eastern oyster 

BRT as it has already met twice and 

prepared approximately three quarters 

of the status review report. When 

complete, the status review report will 

be the most timely and comprehensive 

resource document for this species, and, 

as such, it will be a useful tool in 

guiding future management decisions. 

NMFS has, therefore, determined that 

the BRT will continue with the status 

review report and will complete the 

report as soon as practicable. 

Authority: 16 U.S.C. 1531 et seq. 

Dated: November 7, 2005. 

Donna Wieting, 

Deputy Director, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 05–22552 Filed 11–10–05; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

Submission for OMB Review; 

Comment Request 

The United States Patent and 

Trademark Office (USPTO) has 

submitted to the Office of Management 

and Budget (OMB) for clearance the 

following proposal for collection of 

information under the provisions of the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35). 

Agency: United States Patent and 

Trademark Office (USPTO). 

Title: Public Key Infrastructure (PKI) 

Certificate Action Form. 

Form Number(s): PTO–2042. 

Agency Approval Number: 0651–

0045. 

Type of Request: Revision of a 

currently approved collection. 

Burden: 1,383 hours annually. 

Number of Respondents: 4,126 

responses per year. 

Avg. Hours Per Response: The USPTO 

estimates that it will take the public 

approximately 30 minutes (0.5 hours) to 

read the instructions and subscriber 

agreement, gather the necessary 

information, prepare the Certificate 

Action Form, and submit the completed 

request. The USPTO estimates that it 

will take the public approximately 10 

minutes (0.17 hours) to complete and 

electronically submit the information 

required for certificate self-recovery. 

Needs and Uses: In support of the 

Government Paperwork Elimination Act 

and its own electronic filing initiatives, 

the USPTO uses Public Key 

Infrastructure (PKI) technology to 

support electronic commerce between 

the USPTO and its customers. In order 

to access secure online systems offered 

by the USPTO for transactions such as 

electronic filing of patent applications 

and retrieving confidential patent 

application information, customers 

must first obtain a digital certificate. 

The public uses this collection to 

request a new digital certificate, the 

revocation of a current certificate, or the 

recovery of a lost certificate. This 

collection includes the existing 

Certificate Action Form (PTO–2042), 

which is provided by the USPTO to 

ensure that customers submit the 

necessary information for processing 

certificate requests. The USPTO is 

adding a new electronic Certificate SelfRecovery Form to this collection to 

enable customers to recover their own 

lost certificates online. 

Affected Public: Individuals or 

households, businesses or other forprofits, not-for-profit institutions, farms, 

the Federal Government, and state, local 

or tribal governments. 

Frequency: On occasion. 

Respondent’s Obligation: Required to 

obtain or retain benefits. 

OMB Desk Officer: David Rostker, 

(202) 395–3897. 

Copies of the above information 

collection proposal can be obtained by 

any of the following methods: 

69144 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Notices 

• E-mail: Susan.Brown@uspto.gov. 

Include ‘‘0651–0045 copy request’’ in 

the subject line of the message. 

• Fax: 571–273–0112, marked to the 

attention of Susan Brown. 

• Mail: Susan K. Brown, Records 

Officer, Office of the Chief Information 

Officer, Office of Data Architecture and 

Services, Data Administration Division, 

U.S. Patent and Trademark Office, PO 

Box 1450, Alexandria, VA 22313–1450. 

Written comments and 

recommendations for the proposed 

information collection should be sent on 

or before December 14, 2005 to David 

Rostker, OMB Desk Officer, Room 

10202, New Executive Office Building, 

725 17th Street NW., Washington, DC 

20503. 

Dated: November 7, 2005. 

Susan K. Brown, 

Records Officer, USPTO, Office of the Chief 

Information Officer,Office of Data 

Architecture and Services, Data 

Administration Division. 

[FR Doc. 05–22529 Filed 11–10–05; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

Notice of Availability of GovernmentOwned Inventions; Available for 

Licensing 

AGENCY: Department of the Navy, DOD. 

ACTION: Notice. 

SUMMARY: The Department of the Navy 

hereby gives notice of the availability of 

exclusive or partially exclusive licenses 

to practice worldwide under the 

following pending patents. Any license 

granted shall comply with 35 U.S.C. 209 

and 37 CFR Part 404. Applications will 

be evaluated utilizing the following 

criteria: (1) Ability to manufacture and 

market the technology; (2) 

manufacturing and marketing ability; (3) 

time required to bring technology to 

market and production rate; (4) 

royalties; (5) technical capabilities; and 

(6) small business status. 

Patent application Serial Number 60/ 

642,771 entitled ‘‘Fimbrial Adhesin as 

Vaccine Against Escherichia Coli’’ filed 

on January 11, 2005. The present 

invention relates to the field of inducing 

an immune response against 

diarrheagenic bacteria including 

enterotoxigenic Escherichia coli using 

bacterial fimbriae components. 

Patent application Serial Number 60/ 

668,591 entitled ‘‘Recombinant 

Antigens for the Detection of Coxiella 

Burnetii’’ filed on April 6, 2005. The 

present invention relates to Coxiella 

burnetii peptide antigens and 

recombinant DNA encoding the 

peptides. 

Patent application Serial Number 10/ 

934,686, entitled ‘‘Hospital and Clinic 

Emergency Preparedness Optimization 

System’’ filed on September 3, 2004. 

The present invention relates to hospital 

and ambulatory clinic emergency 

management systems. 

Patent application Serial Number 60/ 

683,787 entitled ‘‘Anti-Adhesin Based 

Passive Immunoprophylactic’’ filed on 

May 24, 2005. The present invention 

relates to a pharmaceutical useful in 

conferring passive protection against 

diarrhea caused by enterotoxigenic 

Esherichia coli. 

Patent application Serial Number 60/ 

709,804 entitled ‘‘A Method for the 

Evaluation of Dengue Virus Therapeutic 

Agents’’ filed on August 22, 2005. The 

present invention relates to a method for 

evaluating the immunogenicity and 

efficacy of vaccine or drug formulations 

against dengue virus using a pig or 

porcine cells as models of infection and 

pathogenicity. 

Patent application Serial Number 60/ 

715,578 entitled ‘‘Potts Reagent 

Alcohol-Solvent Extraction System’’

filed on September 12, 2005. This 

invention relates to a method for 

decontaminating alcohol so that it may 

be recycled in histology and other 

laboratory settings. 

Patent application serial Number, 60/ 

722,086, entitled ‘‘Immunogenic 

Capsule Composition for Use as a 

Vaccine Against Campylobacter Jejuni’’

filed September 21, 2005. This 

invention relates to a pharmaceutical 

useful in conferring protection against 

diarrhea caused by Campylobacter 

jejuni and a method of administering 

said pharmaceutical. 

Patent application Serial Number 60/ 

627,811 entitled ‘‘Diagnostic Assay for 

Rickettsial prowazekii Disease By 

Detection of Responsive Gene 

Expression’’ filed on November 10, 

2004. The present invention relates to a 

method of diagnosing epidemic typhus 

caused by the bacteria Rickettsia 

prowazekii by analysis of modulation of 

host gene expression. The method 

contemplates the use of micro-array 

technology for the detection and 

analysis of gene up or down regulation 

in response to bacterial infection. 

DATES: Applications for an exclusive or 

partially exclusive license may be 

submitted at any time from the date of 

this notice. 

ADDRESSES: Submit application to the 

Office of Technology Transfer, Naval 

Medical Research Center, 503 Robert 

Grant Ave., Silver Spring, MD 20910–

7500. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Charles Schlagel, Director, Office of 

Technology Transfer, Naval Medical 

Research Center, 503 Robert Grant Ave., 

Silver Spring, MD 20910–7500, 

telephone 301–319–7428 or e-mail at: 

schlagelc@nmrc.navy.mil. 

Dated: October 31, 2005. 

I.C. Le Moyne Jr., 

Lieutenant Commander, Judge Advocate 

General’s Corps, U.S. Navy, Alternate Federal 

Register Liaison Officer. 

[FR Doc. 05–22516 Filed 11–10–05; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

Notice of Performance Review Board 

Membership 

AGENCY: Department of the Navy, DOD. 

ACTION: Notice. 

SUMMARY: Pursuant to 5 U.S.C. 

4314(c)(4), the Department of the Navy 

(DON) announces the appointment of 

members to the DON’s numerous Senior 

Executive Service (SES) Performance 

Review Boards (PRBs). The purpose of 

the PRBs is to provide fair and impartial 

review of the annual SES performance 

appraisal prepared by the senior 

executive’s assigned rating officials; to 

make recommendations to authorizing 

officials regarding acceptance or 

modification of the performance rating; 

and to make recommendations for 

performance bonuses and basic pay 

increases. Composition of the specific 

PRBs will be determined on an ad hoc 

basis from among individuals listed 

below: 

ACKLEY, V. MR. 

ADAMS, P. MS. 

ALLES, R. BGEN 

BACHMANN, M. RDML 

BARBER III, A. MR. 

BARNUM, H. MR. 

BELAND, R. DR. 

BETRO, T. MR. 

BLAIR, A. MS. 

BONWICH, S. MR. 

BRANT, D. MR. 

BRENNAN, A. MS. 

BROTHERTON, A. MS. 

BURNS, J. RADM 

CALI, R. MR. 

CIESLAK, R. MR. 

COCKHRANE, E. MR. 

COOK, C. MR. 

COX, A. MR. 

CRABTREE, T. MR. 

CREEDON, C. MR. 

CWALINA, B. MR. 

DECKER, J. MS. 

DECKER, M. MR.