69522 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Notices 

record procedures are being updated to 

correspond to the current statutes and 

rules for those items as related to the 

USPTO. 

The Privacy Act system of records 

notice, ‘‘COMMERCE/PAT–TM–5 NonRegistered Persons Rendering 

Assistance to Patent Applicants,’’ was 

previously published at 65 FR 19868 

(April 13, 2000). The amended system 

of records notice is published in its 

entirety below. 

COMMERCE/PAT–TM–5 

SYSTEM NAME: 

Non-Registered Persons Rendering 

Assistance to Patent Applicants. 

SECURITY CLASSIFICATION: 

Unclassified. 

SYSTEM LOCATION: 

Office of Enrollment and Discipline, 

United States Patent and Trademark 

Office, 600 Dulany Street, Alexandria, 

VA 22314. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Persons other than registered 

attorneys or agents who have offered or 

rendered, for payment, various services 

to inventors, patent applicants, and 

patentees. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Declarations of assistance received 

and other reports or complaints, 

including names and addresses, of 

persons rendering services, and 

information obtained and used for 

investigatory and law enforcement 

purposes. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

35 U.S.C. 2. 

PURPOSE(S): 

To carry out the duties of the USPTO 

under 35 U.S.C. 2(b)(2)(D), in particular, 

the enrollment and recognition of 

individuals to practice as attorneys and 

agents before the USPTO in patent, 

trademark, and other non-patent 

matters; and to maintain complaints, 

reports, and other information on 

persons other than registered attorneys 

or agents who have offered services to 

inventors, patent applicants, and 

patentees. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

Providing notice to patent applicants 

regarding whether or not the persons 

from whom assistance was received are 

registered to practice before the USPTO. 

Used for investigative purposes. Also, 

see Prefatory Statement of General 

Routine Uses Nos. 1–5, 8–10, and 13, as 

found at 46 FR 63501–63502 (December 

31, 1981). 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

Not applicable. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Paper records in file folders, 

microfilm, and machine-readable 

storage media. 

RETRIEVABILITY: 

Filed alphabetically by name. 

SAFEGUARDS: 

Records are located in lockable metal 

file cabinets or in metal file cabinets in 

secured rooms or secured premises with 

access limited to those whose official 

duties require access. Electronic files are 

stored in secured premises with access 

limited to those whose official duties 

require access. 

RETENTION AND DISPOSAL: 

Records retention and disposal is in 

accordance with the unit’s Record 

Control Schedule. 

SYSTEM MANAGER(S) AND ADDRESS: 

Director, Office of Enrollment and 

Discipline, United States Patent and 

Trademark Office, Mail Stop OED, P.O. 

Box 1450, Alexandria, VA 22313–1450. 

NOTIFICATION PROCEDURE: 

Information may be obtained from the 

Director, Office of Enrollment and 

Discipline, United States Patent and 

Trademark Office, Mail Stop OED, P.O. 

Box 1450, Alexandria, VA 22313–1450. 

Requester should provide name, 

address, date of application, and record 

sought, pursuant to the inquiry 

provisions appearing in 37 CFR part 102 

subpart B. 

RECORD ACCESS PROCEDURES: 

Requests from individuals should be 

addressed to the same address as stated 

in the notification section above. 

CONTESTING RECORD PROCEDURES: 

The rules for access, for contesting 

contents, and for appealing initial 

determinations by the individual 

concerned appear in 37 CFR part 102 

subpart B. 

RECORD SOURCE CATEGORIES: 

Patent applicants who have received 

and paid for services by the individuals 

on whom the records are maintained. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

Pursuant to 5 U.S.C. 552a(k)(2), all 

investigatory materials in the record 

which meet the criteria in 5 U.S.C. 

552a(k)(2) are exempted from the notice, 

access, and contest requirements (under 

5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), 

(H), and (I), and (f)) of the agency 

regulations because of the necessity to 

exempt this information and material in 

order to accomplish the law 

enforcement function of the agency, to 

prevent subjects of investigations from 

frustrating the investigatory process, to 

prevent the disclosure of investigative 

techniques, to fulfill commitments made 

to protect the confidentiality of sources, 

to maintain access to sources of 

information, and to avoid endangering 

these sources and law enforcement 

personnel. 

Dated: November 9, 2005. 

Susan K. Brown, 

Records Officer, USPTO, Office of the Chief 

Information Officer, Office of Data 

Architecture and Services, Data 

Administration Division. 

[FR Doc. 05–22716 Filed 11–15–05; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

Privacy Act of 1974; System of 

Records 

AGENCY: United States Patent and 

Trademark Office, Commerce. 

ACTION: Notice of amendment of Privacy 

Act system of records. 

SUMMARY: In accordance with the 

requirements of the Privacy Act of 1974, 

as amended, the United States Patent 

and Trademark Office (USPTO) is 

amending the system of records listed 

under ‘‘COMMERCE/PAT–TM–2 

Complaints, Investigations and 

Disciplinary Proceedings Relating to 

Registered Patent Attorneys and 

Agents.’’ This action is being taken to 

update the Privacy Act notice. We invite 

the public to comment on the 

amendments noted in this publication. 

DATES: Written comments must be 

received no later than December 16, 

2005. The amendments will become 

effective as proposed on December 16, 

2005, unless the USPTO receives 

comments that would result in a 

contrary determination. 

ADDRESSES: You may submit written 

comments by any of the following 

methods: 

• E-mail: Steve.Hanson@uspto.gov. 

• Fax: (571) 273–4097, marked to the 

attention of Steve Hanson. 

• Mail: Steve Hanson, Office of 

Enrollment and Discipline, United 

States Patent and Trademark Office, 

Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Notices 69523 

Mail Stop OED, P.O. Box 1450, 

Alexandria, VA 22313–1450. 

All comments received will be 

available for public inspection at the 

USPTO Public Search Facility, Madison 

East Building—1st Floor, 600 Dulany 

Street, Alexandria, VA 22314. 

FOR FURTHER INFORMATION CONTACT: 

Director, Office of Enrollment and 

Discipline, United States Patent and 

Trademark Office, Mail Stop OED, P.O. 

Box 1450, Alexandria, VA 22313–1450, 

(571) 272–4097. 

SUPPLEMENTARY INFORMATION: The 

United States Patent and Trademark 

Office (USPTO) is giving notice of an 

amendment to a system of records that 

is subject to the Privacy Act of 1974. 

This system of records maintains 

information on complaints, 

investigations, and disciplinary 

proceedings involving attorneys and 

agents practicing, registered to practice, 

or excluded from practicing before the 

USPTO. The Privacy Act notice is being 

updated with current address 

information for the system location and 

system manager. The authority for 

maintenance of the system and rule 

references for the notification procedure 

and contesting record procedures are 

being updated to correspond to the 

current statutes and rules for those 

items as related to the USPTO. The 

descriptions of retrievability and 

safeguards have also been revised to 

indicate that the relevant electronic 

database for this system of records is 

password protected and accessible only 

by authorized staff members of the 

USPTO Office of Enrollment and 

Discipline. 

The Privacy Act system of records 

notice, ‘‘COMMERCE/PAT–TM–2 

Complaints, Investigations and 

Disciplinary Proceedings Relating to 

Registered Patent Attorneys and 

Agents,’’ was previously published at 65 

FR 19868 (April 13, 2000). The 

amended system of records notice is 

published in its entirety below. 

COMMERCE/PAT–TM–2 

SYSTEM NAME: 

Complaints, Investigations and 

Disciplinary Proceedings Relating to 

Registered Patent Attorneys and Agents. 

SECURITY CLASSIFICATION: 

Unclassified. 

SYSTEM LOCATION: 

Office of Enrollment and Discipline, 

United States Patent and Trademark 

Office, 600 Dulany Street, Alexandria, 

VA 22314; Office of the Solicitor, 

United States Patent and Trademark 

Office, 600 Dulany Street, Alexandria, 

VA 22314. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Attorneys and agents registered to 

practice before the United States Patent 

and Trademark Office (USPTO) in 

patent cases, attorneys practicing before 

the USPTO in trademark cases, 

attorneys appearing before the USPTO, 

and excluded or suspended attorneys 

and agents. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Complaints and information obtained 

during investigations and quasi-judicial 

disciplinary proceedings. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

35 U.S.C. 2. 

PURPOSE(S): 

To carry out the duties of the USPTO 

under 35 U.S.C. 2(b)(2)(D), in particular, 

the enrollment and recognition of 

individuals to practice as attorneys and 

agents before the USPTO in patent, 

trademark, and other non-patent 

matters; and to aid the enforcement of 

statutes and regulations regarding the 

conduct of attorneys and agents 

admitted to practice before the USPTO. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

See Prefatory Statement of General 

Routine Uses Nos. 1–5, 8–10, and 13, as 

found at 46 FR 63501–63502 (December 

31, 1981). Dissemination of information 

concerning the complaint, investigation, 

or disciplinary proceeding may be made 

to the complainant and to persons who 

can reasonably be expected to provide 

information needed in connection with 

the complaint, investigation, or 

disciplinary proceeding. Notice of filing 

of a disciplinary complaint may be 

publicly disclosed. Upon a final order 

reprimanding, suspending, or excluding 

an attorney or agent, the records in this 

system may be publicly disclosed. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

Not applicable. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Paper records in file folders, 

microfilm, and machine-readable 

storage media. 

RETRIEVABILITY: 

Filed alphabetically by name or 

registration number. Summary of 

records maintained in a searchable 

database available only to authorized 

staff members of the Office of 

Enrollment and Discipline. 

SAFEGUARDS: 

Records are located in lockable metal 

file cabinets or in metal file cabinets in 

secured rooms or secured premises with 

access limited to those whose official 

duties require access. Electronic files are 

stored in secured premises with access 

limited to those whose official duties 

require access. The electronic files are 

password protected. 

RETENTION AND DISPOSAL: 

Records retention and disposal is in 

accordance with the unit’s Record 

Control Schedule. 

SYSTEM MANAGER(S) AND ADDRESS: 

Director, Office of Enrollment and 

Discipline, United States Patent and 

Trademark Office, Mail Stop OED, P.O. 

Box 1450, Alexandria, VA 22313–1450. 

NOTIFICATION PROCEDURE: 

Information may be obtained from the 

Director, Office of Enrollment and 

Discipline, United States Patent and 

Trademark Office, Mail Stop OED, P.O. 

Box 1450, Alexandria, VA 22313–1450. 

Requester should provide name, 

address, date of application, and record 

sought, pursuant to the inquiry 

provisions appearing in 37 CFR Part 102 

Subpart B. 

RECORD ACCESS PROCEDURES: 

Requests from individuals should be 

addressed to the same address as stated 

in the notification section above. 

CONTESTING RECORD PROCEDURES: 

The rules for access, for contesting 

contents, and for appealing initial 

determinations by the individual 

concerned appear in 37 CFR Part 102 

Subpart B. 

RECORD SOURCE CATEGORIES: 

Subject individuals, clients of same, 

registered attorneys and agents, 

witnesses in disciplinary proceedings, 

court opinions, and individuals 

furnishing information. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

Pursuant to 5 U.S.C. 552a(k)(2), all 

investigatory materials in the record 

which meet the criteria in 5 U.S.C. 

552a(k)(2) are exempted from the notice, 

access, and contest requirements (under 

5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), 

(H), and (I), and (f)) of the agency 

regulations because of the necessity to 

exempt this information and material in 

order to accomplish the law 

enforcement function of the agency, to 

prevent subjects of investigations from 

frustrating the investigatory process, to 

prevent the disclosure of investigative 

techniques, to fulfill commitments made 

to protect the confidentiality of sources, 

69524 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Notices 

to maintain access to sources of 

information, and to avoid endangering 

these sources and law enforcement 

personnel. 

Dated: November 9, 2005. 

Susan K. Brown, 

Records Officer, USPTO, Office of the Chief 

Information Officer, Office of Data 

Architecture and Services, Data 

Administration Division. 

[FR Doc. 05–22717 Filed 11–15–05; 8:45 am] 

BILLING CODE 3510–16–P 

COMMITTEE FOR THE 

IMPLEMENTATION OF TEXTILE 

AGREEMENTS 

Request for Public Comments on 

Commercial Availability Request under 

the African Growth and Opportunity 

Act (AGOA) 

November 14, 2005. 

AGENCY: Committee for the 

Implementation of Textile Agreements 

(CITA) 

ACTION: Request for public comments 

concerning a request for a determination 

that certain 100 percent nylon flat 

filament yarn cannot be supplied by the 

domestic industry in commercial 

quantities in a timely manner under the 

AGOA. 

SUMMARY: On November 9, 2005 the 

Chairman of CITA received a petition 

from Shibani Inwear alleging that 

certain 100 percent nylon flat filament 

yarn, classified in subheading 

5402.41.9040 of the Harmonized Tariff 

Schedule of the United States (HTSUS), 

cannot be supplied by the domestic 

industry in commercial quantities in a 

timely manner. The petition requests 

that certain knit apparel articles made of 

such yarn be eligible for preferential 

treatment under the AGOA. CITA 

hereby solicits public comments on this 

request, in particular with regard to 

whether such fabrics can be supplied by 

the domestic industry in commercial 

quantities in a timely manner. 

Comments must be submitted by 

December 1, 2005 to the Chairman, 

Committee for the Implementation of 

Textile Agreements, Room 3001, United 

States Department of Commerce, 14th 

and Constitution Avenue, N.W. 

Washington, D.C. 20230. 

FOR FURTHER INFORMATION CONTACT: 

Anna Flaaten, International Trade 

Specialist, Office of Textiles and 

Apparel, U.S. Department of Commerce, 

(202) 482-3400. 

SUPPLEMENTARY INFORMATION: 

Authority: Section 112(b)(5)(B) of the 

AGOA; Presidential Proclamation 7350 of 

October 2, 2000; Section 1 of Executive Order 

No. 13191 of January 17, 2001. 

BACKGROUND: 

The AGOA provides for quota- and 

duty-free treatment for qualifying textile 

and apparel products. Such treatment is 

generally limited to products 

manufactured from yarns and fabrics 

formed in the United States or a 

beneficiary country. The AGOA also 

provides for quota- and duty-free 

treatment for apparel articles that are 

both cut (or knit-to-shape) and sewn or 

otherwise assembled in one or more 

beneficiary countries from fabric or yarn 

that is not formed in the United States, 

if it has been determined that such 

fabric or yarn cannot be supplied by the 

domestic industry in commercial 

quantities in a timely manner. In 

Executive Order No. 13191, the 

President delegated to CITA the 

authority to determine whether yarns or 

fabrics cannot be supplied by the 

domestic industry in commercial 

quantities in a timely manner under the 

AGOA and directed CITA to establish 

procedures to ensure appropriate public 

participation in any such determination. 

On March 6, 2001, CITA published 

procedures that it will follow in 

considering requests. (66 FR 13502). 

On November 9, 2005 the Chairman of 

CITA received a petition from Shibani 

Inwear alleging that certain nylon 66, 

fully drawn flat filament yarn 

designated 156/71 Strata, classified in 

HTSUS subheading 5402.41.9040, for 

use in certain knit apparel articles, 

cannot be supplied by the domestic 

industry in commercial quantities in a 

timely manner. This petition is 

requesting quota- and duty-free 

treatment under the AGOA for apparel 

articles that are both cut and sewn or 

knit-to-shape in one or more AGOA 

beneficiary countries from such yarns. 

This petition further specifies that the 

yarn required is nylon 66 ‘‘fully drawn 

flat yarn’’ (FDY) designated 156/71 

Strata. According to the petition, the 

yarn count is 156 decitex (140 denier) 

with 71 filaments. Out of the total 

number of filaments, 51 are trilobal in 

cross section with the remaining 20 

round in cross section. The petitioner 

asserts that a garment knit of such yarn 

reflects a unique subtle luster due to 

light reflectance of the different cross 

sections of the filament components. 

The petitioner intends to make garments 

classified under HTSUS provisions 

6109.90.10.65 and 6108.22.90.20, of 

such yarn. 

CITA is soliciting public comments 

regarding this request, particularly with 

respect to whether this yarn can be 

supplied by the domestic industry in 

commercial quantities in a timely 

manner. Also relevant is whether other 

yarns that are supplied by the domestic 

industry in commercial quantities in a 

timely manner are substitutable for this 

yarn for purposes of the intended use. 

Comments must be received no later 

than December 1, 2005. Interested 

persons are invited to submit six copies 

of such comments or information to the 

Chairman, Committee for the 

Implementation of Textile Agreements, 

room 3100, U.S. Department of 

Commerce, 14th and Constitution 

Avenue, N.W., Washington, DC 20230. 

If a comment alleges that this yarn can 

be supplied by the domestic industry in 

commercial quantities in a timely 

manner, CITA will closely review any 

supporting documentation, such as a 

signed statement by a manufacturer of 

the yarn stating that it produces the yarn 

that is the subject of the request, 

including the quantities that can be 

supplied and the time necessary to fill 

an order, as well as any relevant 

information regarding past production. 

CITA will protect any business 

confidential information that is marked 

‘‘business confidential’’ from disclosure 

to the full extent permitted by law. 

CITA generally considers specific 

details, such as quantities and lead 

times for providing the subject product 

as business confidential. However, 

information such as the names of 

domestic manufacturers who were 

contacted, questions concerning the 

capability to manufacture the subject 

product, and the responses thereto 

should be available for public review to 

ensure proper public participation in 

the process. If this is not possible, an 

explanation of the necessity for treating 

such information as business 

confidential must be provided. CITA 

will make available to the public nonconfidential versions of the request and 

non-confidential versions of any public 

comments received with respect to a 

request in room 3100 in the Herbert 

Hoover Building, 14th and Constitution 

Avenue, N.W., Washington, DC 20230. 

Persons submitting comments on a 

request are encouraged to include a nonconfidential version and a nonconfidential summary. 

D. Michael Hutchinson, 

Acting Chairman, Committee for the 

Implementation of Textile Agreements. 

[FR Doc. 05–22820 Filed 11–14–05; 3:02 pm] 

BILLING CODE 3510–DS–S