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
65612 Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Notices 

Item 

Estimated 

time for 

response 

(minutes) 

Estimated 

annual 

responses 

Estimated 

annual 

burden 

hours 

Request to Record an Official Insignia of a Federally-Recognized Tribe ..................................................... 30 5 3 

Request to Record an Official Insignia of a State-Recognized Tribe ........................................................... 30 3 2 

Totals ...................................................................................................................................................... .................. 8 5 

Estimated Total Annual Non-hour 

Respondent Cost Burden: $8. There are 

no capital start-up, maintenance, or 

recordkeeping costs associated with this 

information collection. There are also 

no filing fees for submitting a tribal 

insignia for recording. However, this 

collection does have annual (non-hour) 

costs in the form of postage costs. 

Customers may incur postage costs 

when submitting the information in this 

collection to the USPTO by mail. The 

USPTO estimates that the average firstclass postage cost for a submission 

mailed through the U.S. Postal Service 

will be $1.05 and that up to 8 

submissions will be mailed to the 

USPTO per year. Therefore, the total 

non-hour respondent cost burden for 

this collection in the form of postage 

costs is approximately $8 per year. 

IV. Request for Comments 

Comments are invited on: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden 

(including hours and cost) of the 

proposed collection of information; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on respondents, e.g., the use of 

automated collection techniques or 

other forms of information technology. 

Comments submitted in response to 

this notice will be summarized or 

included in the request for OMB 

approval of this information collection; 

they also will become a matter of public 

record. 

Dated: October 20, 2010. 

Susan K. Fawcett, 

Records Officer, USPTO, Office of the Chief 

Information Officer. 

[FR Doc. 2010–26975 Filed 10–25–10; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Docket 61–2010] 

Foreign-Trade Zone 102—St. Louis, 

MO; Application for Reorganization 

Under Alternative Site Framework 

An application has been submitted to 

the Foreign-Trade Zones (FTZ) Board 

(the Board) by the St. Louis County Port 

Authority, grantee of FTZ 102, 

requesting authority to reorganize the 

zone under the alternative site 

framework (ASF) adopted by the Board 

(74 FR 1170, 1/12/09; correction 74 FR 

3987, 1/22/09). The ASF is an option for 

grantees for the establishment or 

reorganization of general-purpose zones 

and can permit significantly greater 

flexibility in the designation of new 

‘‘usage-driven’’ FTZ sites for operators/ 

users located within a grantee’s ‘‘service 

area’’ in the context of the Board’s 

standard 2,000-acre activation limit for 

a general-purpose zone project. The 

application was submitted pursuant to 

the Foreign-Trade Zones Act, as 

amended (19 U.S.C. 81a–81u), and the 

regulations of the Board (15 CFR part 

400). It was formally filed on October 

19, 2010. 

FTZ 102 was approved by the Board 

on April 27, 1984 (Board Order 251, 49 

FR 19540, 5/8/84), and expanded on 

March 3, 1987 (Board Order 344, 52 FR 

7915, 3/13/87) and on January 30, 2009 

(Board Order 1604, 74 FR 6364, 2/9/09). 

The current zone project includes the 

following sites: Site 1 (11.13 acres)— 

Metro International Trade Services, 

LLC, warehouse, 3901 Union Boulevard, 

St. Louis; Site 2 (492.086 acres)— 

NorthPark industrial park located at the 

northeast corner of Interstates 70 and 

170 in the municipalities of Berkeley, 

Ferguson and Kinloch; and, Site 3— 

consisting of three parcels located at 

and adjacent to the Lambert-St. Louis 

International Airport: Hazelwood 

Commerce Center (Site 3A—169.76 

acres) located on Commerce Center 

Drive in Hazelwood; Lindbergh 

Distribution Center (Site 3B—25.848 

acres) located at 5801 N. Lindbergh 

Boulevard in Hazelwood; and, Airport 

Property No. 1 (Site 3C—75.99 acres) 

located at 5620 Banshee Road in St. 

Louis. 

The grantee’s proposed service area 

under the ASF would be the City of St. 

Louis and St. Louis County, Missouri. If 

approved, the grantee would be able to 

serve sites throughout the service area 

based on companies’ needs for FTZ 

designation. The proposed service area 

is within and adjacent to the St. Louis 

Customs and Border Protection port of 

entry. 

The applicant is requesting authority 

to reorganize its existing zone project 

under the ASF as follows: renumber the 

parcels of Site 3 (Site 3A would become 

Site 3; Site 3B would become Site 4; 

and, Site 3C would become Site 5); Sites 

2, 3, 4 and 5 would become ‘‘magnet’’ 

sites; and, Site 1 would become a 

‘‘usage-driven’’ site. The ASF allows for 

the possible exemption of one magnet 

site from the ‘‘sunset’’ time limits that 

generally apply to sites under the ASF, 

and the applicant proposes that Site 2 

be so exempted. Because the ASF only 

pertains to establishing or reorganizing 

a general-purpose zone, the application 

would have no impact on FTZ 102’s 

authorized subzones. 

In accordance with the Board’s 

regulations, Camille Evans of the FTZ 

Staff is designated examiner to evaluate 

and analyze the facts and information 

presented in the application and case 

record and to report findings and 

recommendations to the Board. 

Public comment is invited from 

interested parties. Submissions (original 

and 3 copies) shall be addressed to the 

Board’s Executive Secretary at the 

address below. The closing period for 

their receipt is December 27, 2010. 

Rebuttal comments in response to 

material submitted during the foregoing 

period may be submitted during the 

subsequent 15-day period to January 10, 

2011. 

A copy of the application will be 

available for public inspection at the 

Office of the Executive Secretary, 

Foreign-Trade Zones Board, Room 2111, 

U.S. Department of Commerce, 1401 

Constitution Avenue, NW., Washington, 

DC 20230–0002, and in the ‘‘Reading 

Room’’ section of the Board’s Web site, 

which is accessible via http:// 

www.trade.gov/ftz. For further 


emcdonald on DSK2BSOYB1PROD with NOTICES