Notices. Notification of a request for EFPs to conduct experimental fishing; request for comments

7,825 words·~36 min read·/register/2007/06/28/07-3165

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 3410-11-M DEPARTMENT OF COMMERCE Foreign-Trade Zones Board Change of Address The office of the Foreign-Trade Zones

(FTZ)Board staff has moved within the Herbert Clark Hoover Building (Main Commerce Building). Submissions to the FTZ Board should hereafter be directed to the address below: Foreign-Trade-Zones Board, U.S. Department of Commerce, 1401 Constitution Ave. NW., Room 2111, Washington, DC 20230. Dated: June 22, 2007. Andrew McGilvray, Executive Secretary. [FR Doc. E7-12567 Filed 6-27-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XB02 Atlantic Coastal Fisheries Cooperative Management Act Provisions; Application for Exempted Fishing Permits

(EFPs)AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notification of a request for EFPs to conduct experimental fishing; request for comments. SUMMARY: This request for the continuation of an EFP involves the non-destructive collection of size frequency and population data on legal and sublegal lobsters as part of an ongoing research project to monitor the offshore lobster fishery in Lobster Management Area 3. Continuation of this EFP, until December 31, 2008, would not involve the authorization of any additional trap gear in the area. A maximum of seven participating commercial fishing vessels will continue the collection of data on the composition of lobsters in four general offshore study areas in a collaborative effort with the Atlantic Offshore Lobstermen's Association (AOLA). Continuation of this EFP would authorize each participating commercial fishing vessel to continue to utilize one modified juvenile lobster collector trap to collect population data. The lobster trap modifications are to the escape vents, and trap entrance head. Therefore, this modified trap would impact its environment no differently than the regular lobster trap it replaces and will add no additional traps to the area. After data is collected on lobsters in the trap, all sub-legal lobsters will be immediately returned to the sea. The EFP waives the American lobster escape vent requirement for a maximum of one trap per vessel for a maximum of seven vessels in the program. The Director, State, Federal and Constituent Programs Office, Northeast Region, NMFS (Office Director) has made a preliminary determination that the subject EFP application contains all the required information and warrants further consideration. The Office Director has also made a preliminary determination that continuation of the activities authorized under the EFPs would be consistent with the goals and objectives of Federal management of the American lobster resource. However, further review and consultation may be necessary before a final determination is made to issue EFPs. NMFS announces that the Office Director proposes to renew the subject EFPs, and, therefore, invites comments on the renewal of EFPs for this research. DATES: Comments on this lobster EFP notification for offshore lobster monitoring and data collection must be received on or before July 13, 2007. ADDRESSES: Written comments should be sent to Patricia A. Kurkul, Regional Administrator, NMFS, Northeast Regional Office, 1 Blackburn Drive, Gloucester, MA 01930-2298. Mark the outside of the envelope “Comments—Lobster EFP Proposal”. Comments also may be sent via facsimile

(fax)to 978-281-9117. Comments on the Lobster EFP Proposal may be submitted by e-mail. The mailbox address for providing e-mail comments is *LobsterJune07@noaa.gov* . Include in the subject line of the e-mail comment the following document identifier: “Comments—Lobster EFP Proposal”. FOR FURTHER INFORMATION CONTACT: Bob Ross, Fishery Management Specialist,

(978)281-9234, fax (978)-281-9117. SUPPLEMENTARY INFORMATION: Background The regulations that govern exempted fishing, at 50 CFR 600.745(b) and 697.22 allow the Regional Administrator to authorize for limited testing, public display, data collection, exploration, health and safety, environmental clean-up, and/or hazardous removal purposes, and the targeting or incidental harvest of managed species that would otherwise be prohibited. An EFP to authorize such activity may be issued, provided there is adequate opportunity for the public to comment on the EFP application, the conservation goals and objectives of Federal management of the American lobster resource are not compromised, and issuance of the EFP is beneficial to the management of the species. The American lobster fishery is the most valuable fishery in the northeastern United States. In 2005, approximately 87 million pounds (39,712 metric tons (mt)) of American lobster were landed with an ex-vessel value of approximately 414 million dollars. American lobster experience very high fishing mortality rates throughout their range, from Canada to Cape Hatteras. Operating under the Atlantic States Marine Fisheries Commission's interstate management process, American lobster are managed in state waters under Amendment 3 to the American Lobster Interstate Fishery Management Plan (Amendment 3). In Federal waters of the Exclusive Economic Zone (EEZ), lobster is managed under Federal regulations at 50 CFR part 697. Amendment 3, and compatible Federal regulations established a framework for area management, which includes industry participation in the development of a management program which suits the needs of each lobster management area while meeting targets established in the Interstate Fisheries Management Program. The industry, through area management teams, with the support of state agencies, have played a vital role in advancing the area management program. To facilitate the development of effective management tools, extensive monitoring and detailed abundance and size frequency data on the composition of lobsters throughout the range of the resource are necessary. The need for additional monitoring and detailed abundance and size frequency data on the offshore fishery, as proposed by this EFP, is critical due to the lack of consistent statistical coverage of the offshore lobster fishery. This proposed EFP will continue a project involved in extensive monitoring and detailed population information of American lobster in four offshore study areas using modified lobster trap gear that would otherwise be prohibited. Proposed EFP Each of seven commercial fishing vessels involved in this monitoring and data collection program would collect detailed abundance and size frequency data on the composition of all lobsters collected from one modified juvenile lobster trap in a string of approximately 40 lobster traps, including data on sub-legal, and egg bearing females in addition to legal lobsters. This EFP would not involve the authorization of any additional lobster trap gear in the area. Vessels would collect data from each of four general study areas: The Mid-Atlantic—Chesapeake 50 Fathom Edge; the Southern—Hudson Canyon Area; the Middle—Veatch Canyon Area; and the Northern—Georges Bank and Gulf of Maine Area. The participating vessels may retain on deck sub-legal lobsters, and egg bearing female lobsters, in addition to legal lobsters, for the purpose of collecting the required abundance and size frequency data specified by this project. Data collected would include size, sex, shell disease index, and the total number of legals, sub-legals, berried females, and v-notched females. All sub-legals, berried females, and v-notched female lobsters would be returned to the sea as quickly as possible after data collection. Pursuant to 50 CFR 600.745(b)(3)(v), the Regional Administrator may attach terms and conditions to the EFP consistent with the purpose of the exempted fishing. This EFP requests the inclusion of a maximum of one modified lobster trap per vessel, designated as a juvenile lobster collector trap, in the string of approximately 40 traps. This modified lobster trap would have a smaller entrance head, no escape vents and would be made of a smaller mesh than the traditional offshore trap to catch and retain a high percentage of juvenile lobsters in the 30-65 mm carapace length range. The smaller entrance head would exclude large lobsters from this trap and decrease the probability of cannibalism within the trap. The modifications to the trap are to the escape vents, and trap entrance head, not to the trap's size or configuration, therefore this modified trap would impact its environment no differently than the regular lobster trap it replaces. Renewal of this EFP will add no additional traps to the areas. Due to modifications to the escape vent, the EFP proposed to waive the American lobster escape vent requirement specified at 50 CFR 697.21(c) for a maximum of one trap per vessel for a maximum of seven vessels in the program. With the exception of the one modified juvenile lobster collector trap, all traps fished by a maximum of seven participating vessels would comply with all applicable lobster regulations specified at 50 CFR part 697. All monitoring and data collection would be conducted by seven federally permitted commercial fishing vessels, during the course of regular commercial fishing operations. There would not be observers or researchers onboard the participating vessels. This project, including the lobster handling protocols, was initially developed in consultation with NMFS and University of New Hampshire scientists. To the greatest extent practicable, these handling protocols are designed to avoid unnecessary adverse environmental impact on lobsters involved in this project, while achieving the data collection objectives of this project. Authority: 16 U.S.C. 1801 *et seq.* Dated: June 22, 2007. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-12415 Filed 6-27-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XA97 Marine Mammals; File Nos. 782-1889, 358-1888, 881-1893, 881-1890, 434-1892, 1049-1886, 1034-1887, 715-1884, 715-1885, 1118-1881, and 1119-1882 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of permits. SUMMARY: Notice is hereby given that permits to conduct research on Steller sea lions ( *Eumetopias jubatus* ) have been issued to the following individuals and institutions: The National Marine Mammal Laboratory (NMML), NMFS, Seattle, WA (File No. 782-1889); Alaska Department of Fish and Game (ADF&G), Division of Wildlife Conservation, Juneau, AK (File No. 358-1888); The Alaska SeaLife Center (ASLC), Seward, AK (File No. 881-1890); the Oregon Department of Fish and Wildlife (ODFW), Corvallis, OR (File No. 434-1892); Kate Wynne, University of Alaska Fairbanks, Kodiak, AK (File No. 1049-1886); Dr. Markus Horning, Oregon State University, Hatfield Marine Science Center, Newport, OR (File No. 1034-1887); and the North Pacific Universities Marine Mammal Research Consortium (NPUMMRC), University of British Columbia, Vancouver, B.C. (File No. 715-1885). Notice is hereby given that permits to conduct research on northern fur seals ( *Callorhinus ursinus* ) have been issued to the following individuals and institutions: the ASLC, Seward, AK (File No. 881-1893); the NPUMMRC, University of British Columbia, Vancouver, B.C. (File No. 715-1884); the Aleut Community of St. Paul Island, Tribal Government, Ecosystem Conservation Office, St. Paul Island, AK (File No. 1118-1881); and the Aleut Community of St. George Island, St. George Traditional Council, St. George Island, AK (File No. 1119-1882). ADDRESSES: The permits and related documents are available for review upon written request or by appointment in the following office(s): All Files: Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713-2289; fax (301)427-2521; *http://www.nmfs.noaa.gov/pr/permits/review.htm* ; File Nos. 782-1889 and 434-1892: Northwest Region, NMFS, 7600 Sand Point Way NE, BIN C15700, Bldg. 1, Seattle, WA 98115-0700; phone (206)526-6150; fax (206)526-6426; All Files except 434-1892: Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668; phone (907)586-7221; fax (907)586-7249; and File Nos 782-1889 and 434-1892: Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213; phone (562)980-4001; fax (562)980-4018. FOR FURTHER INFORMATION CONTACT: Tammy Adams, Amy Sloan, Kate Swails, or Jaclyn Daly, (301)713-2289. SUPPLEMENTARY INFORMATION: On February 15, 2007, notice was published in the **Federal Register** (72 FR 7420) that requests for scientific research permits to take the species identified above had been submitted by the above-named individuals and institutions. The requested permits have been issued under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 *et seq.* ), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 *et seq.* ), the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR parts 222-226), and the Fur Seal Act of 1966, as amended (16 U.S.C. 1151 *et seq.* ), as applicable. All Files: All permits are valid through August 1, 2009 and contain requirements for coordination and monitoring of research as well as mitigation measures deemed appropriate by NMFS. These permits can not be amended or extended. No permits authorize intentional capture of adult female Steller sea lions, or use of remotely delivered drugs for capture of Steller sea lions. File No. 782-1889: The permit issued to NMML authorizes activities to measure Steller sea lion population status, vital rates, foraging behavior, and condition in North Pacific Ocean areas including California, Washington, Oregon, and Alaska. The permit includes incidental harassment of harbor seals (Phoca vitulina richardsi), northern fur seals, and California sea lions ( *Zalophus californianus* ). File No. 358-1888: The permit issued to ADF&G authorizes activities to investigate the various hypotheses for the decline or lack of recovery of Steller sea lions in Alaska. The permit includes incidental harassment of harbor seals, northern fur seals, and California sea lions. File No. 881-1893: The permit issued to ASLC authorizes activities to characterize the movements, foraging behavior and habitat-associations of northern fur seal pups during their first winter at sea in Alaska. File No. 881-1890: The permit issued to ASLC authorizes activities to conduct population monitoring and studies on health, nutrition, and foraging behavior of free ranging Steller sea lions in the Gulf of Alaska and the Aleutian Islands, and on temporarily captive Steller sea lions at the ASLC. File No. 434-1892: The permit issued to ODFW authorizes activities to assess status and monitor trend in Steller sea lion abundance, ecology, and vital rates in the southern extent of the Steller sea lion eastern DPS throughout California, Oregon, and Washington. The permit also authorizes incidental harassment of harbor seals and California sea lions. File No. 1049-1886: The permit issued to Kate Wynne authorizes activities to continue studies on the abundance, distribution, and diet of the western Distinct Population Segment

(DPS)of Steller sea lions in the western and central Gulf of Alaska. File No. 1034-1887: The permit issued to Dr. Horning authorizes activities to study condition and health status of juvenile Steller sea lions in the western DPS using remote imaging systems for 3-D photogrammetry at locations in Alaska and Oregon to census animals and monitor body mass, condition, and health trends. The permit also authorizes incidental harassment of California sea lions, harbor seals, and northern elephant seals ( *Mirounga angustirostris* ). File No. 715-1884: The permit issued to NPUMMRC authorizes activities to continue to study the distribution, life history, physiology, and foraging and behavioral ecology of northern fur seals on the Pribilof Islands and Bogoslof Island in Alaska. File No. 715-1885: The permit issued to NPUMMRC authorizes activities to continue a long-term research program to test various hypotheses for the decline of Steller sea lions in Alaska, including a study to assess pain and distress associated with hot-branding of Steller sea lions. The permit also authorizes incidental harassment of Northern fur seals, California sea lions, harbor seals, Northern elephant seals, and Killer whales ( *Orcinus orca* ). File No. 1118-1881: The permit issued to the Aleut Community of St. Paul Island authorizes activities to fulfill their Biosampling, Disentanglement, and Island Sentinel program responsibilities as established under the co-management agreement between NMFS and the Aleut Community. The permit also authorize incidental harassment of Steller sea lions and harbor seals. File No. 1119-1882: The permit issued to the Aleut Community of St. George Island authorizes activities to fulfill their Biosampling, Disentanglement, and Island Sentinel program responsibilities as established under the co-management agreement between NMFS and the Aleut Community. The permit also authorizes incidental harassment of Steller sea lions and harbor seals. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq.* ), a Programmatic Environmental Impact Statement

(PEIS)for Steller Sea Lion and Northern Fur Seal Research was prepared to evaluate the potential environmental impacts of awarding grants and issuing permits to facilitate research on these species. Information about the PEIS is available at *http://www.nmfs.noaa.gov/pr/permits/eis/steller.htm* . Issuance of the permits for research on Steller sea lions, as required by the ESA, was based on a finding that such permits:

(1)were applied for in good faith;

(2)will not operate to the disadvantage of such endangered species; and

(3)are consistent with the purposes and policies set forth in section 2 of the ESA. Dated: June 21, 2007. Carrie W. Hubard, Acting Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E7-12558 Filed 6-27-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XA34 Notice of Availability of Draft Stock Assessment Reports AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability; request for comments. SUMMARY: NMFS reviewed the Alaska, Atlantic, and Pacific regional marine mammal stock assessment reports

(SARs)in accordance with the Marine Mammal Protection Act (MMPA). SARs for marine mammals in the Alaska, Atlantic, and Pacific regions were revised according to new information. NMFS solicits public comments on draft 2007 SARs. DATES: Comments must be received by September 26, 2007. ADDRESSES: The 2007 draft stock assessment reports are available in electronic form via the Internet at *http://www.nmfs.noaa.gov/pr/sars/* . Copies of the Alaska Regional SARs may be requested from Robyn Angliss, Alaska Fisheries Science Center, NMFS, 7600 Sand Point Way, NE BIN 15700, Seattle, WA 98115-0070. Copies of the Atlantic and Gulf of Mexico Regional SARs may be requested from Gordon Waring, Northeast Fisheries Science Center, 166 Water St., Woods Hole, MA 02543. Copies of the Pacific Regional SARs may be requested from Jim Carretta, Southwest Fisheries Science Center, 8604 La Jolla Shores Drive, La Jolla, CA 92037-1508. Send comments or requests for copies of reports to: Chief, Marine Mammal and Sea Turtle Conservation Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-3226, Attn: Stock Assessments. Comments may also be sent via facsimile

(fax)to 301-427-2526 or via email to *mmsar.2007@noaa.gov* . FOR FURTHER INFORMATION CONTACT: Tom Eagle, Office of Protected Resources, 301-713-2322, ext. 105, e-mail *Tom.Eagle@noaa.gov* ; Robyn Angliss 206- 526-4032, e-mail *Robyn.Angliss@noaa.gov* , regarding Alaska regional stock assessments; Gordon Waring, 508-495-2311, e-mail *Gordon.Waring@noaa.gov* , regarding Atlantic regional stock assessments; or Jim Carretta, 858-546-7171, e-mail *Jim.Carretta@noaa.gov* , regarding Pacific regional stock assessments. SUPPLEMENTARY INFORMATION: Background Section 117 of the Marine Mammal Protection Act

(MMPA)(16 U.S.C. 1361 *et seq.* ) requires NMFS and the U.S. Fish and Wildlife Service

(FWS)to prepare stock assessments for each stock of marine mammals occurring in waters under the jurisdiction of the United States. These reports must contain information regarding the distribution and abundance of the stock, population growth rates and trends, estimates of annual human-caused mortality and serious injury from all sources, descriptions of the fisheries with which the stock interacts, and the status of the stock. Initial reports were completed in 1995. The MMPA requires NMFS and FWS to review the SARs at least annually for strategic stocks and stocks for which significant new information is available, and at least once every 3 years for non-strategic stocks. NMFS and the FWS are required to revise a SAR if the status of the stock has changed or can be more accurately determined. NMFS, in conjunction with the Alaska, Atlantic, and Pacific Scientific Review Groups (SRGs), reviewed the status of marine mammal stocks as required and revised reports in the Alaska, Atlantic, and Pacific regions to incorporate new information. NMFS solicits public comments on the draft 2007 SARs. Alaska Reports Twelve reports (11 strategic stocks and one non-strategic stock) were revised, and 24 reports were not revised. Most revisions included updates of abundance and mortality estimates and did not indicate a change in status of the affected stocks. The abundance of AT1 killer whales was reduced from eight to seven whales because one animal has not been seen in recent years and is presumed to have died. The “Status of Stock” section of the gray whale, western North Pacific stock, was updated to show that the best available scientific information indicates the stock is within its Optimum Sustainable Population levels. The gray whale stock was estimated to be between 71 percent and 102 percent of its current carrying capacity in 2002. The “Habitat Concerns” sections of the reports for Steller sea lions, western U.S. stock, and northern fur seals, Eastern Pacific stock, were expanded. Threats to the Steller sea lion stock were presented in a draft recovery plan released for public review and comment in May 2006 (71 FR 29919, May 24, 2006), and a summary of these threats was included in the revised SAR. For northern fur seals, the SAR was updated to include recent information, including the overlap in sizes of fish taken by fur seals and by commercial fishing. Atlantic Reports Fifty-six reports (16 strategic and 40 non-strategic) were revised in the Atlantic region, including all reports for marine mammals in the Gulf of Mexico. Two reports were not revised. Most updates were to include new abundance and mortality estimates and did not change the status of the affected stocks. The status of harbor porpoise, Gulf of Maine/Bay of Fundy stock, was updated to be strategic because human-caused mortality and serious injury have increased and PBR has decreased since the last mortality and abundance estimates were completed. Pacific Reports Twenty-nine reports (9 strategic and 20 non-strategic) were revised in the Pacific region. Thirty-two reports were not revised. Most revisions included updates of mortality or abundance estimates and did not result in a change in status of the affected stocks. A new stock of false killer whales (Palmyra Atoll) has been added to this year's reports to reflect the availability of new genetic information for this species in the Pacific Islands Region. Both the Hawaii and Palmyra Atoll false killer whale stocks are included in a single report, labeled the “Pacific Islands Region Stock Complex”. The reasons for combining stocks into one species report are to consolidate general text about the species and present all stock-specific abundance and mortality information on false killer whales within waters under the jurisdiction of the United States in a single report. The status of two stocks (California/Oregon/Washington short-finned pilot whales and California long-beaked common dolphins) has changed from “not strategic” to “strategic”. The change resulted from new estimates of abundance, which have decreased for both stocks since the last revision, and updates of incidental fishery mortality levels, which increased for long-beaked common dolphins. The name of the stock previously referred to as “East North Pacific Humpback Whale” has been changed to “California/Oregon/Washington Humpback Whale”. Recent genetics information confirms that the stock is demographically independent from other aggregations of humpback whales in the Eastern North Pacific Ocean; therefore, the feeding aggregation is appropriately identified as a separate stock. The new stock identity did not substantially modify the PBR of the stock because, in accordance with NMFS' guidelines for preparing SARs, the PBR had been estimated by using the abundance of whales in this aggregation. However, the revised abundance estimate is slightly higher, which resulted in a slight increase in PBR. Dated: June 22, 2007. Helen M. Golde, Deputy Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E7-12561 Filed 6-27-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE Patent and Trademark Office [Docket No. PTO-T-2007-0020] Notice of the Removal of the Paper Search Collection of Registered Marks That Include Design Elements from Trademark Search Library in Arlington, VA AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Notice. SUMMARY: The United States Patent and Trademark Office (“USPTO”) hereby provides notice of the microfilming and removal of the paper search collection of trademark registrations that include design elements from the USPTO's Trademark Search Facility in Arlington, Virginia. DATES: Removal of the paper search collection of trademark registrations that include design elements shall be effected beginning no sooner than sixty

(60)days from the date of this Notice. FOR FURTHER INFORMATION CONTACT: Cynthia C. Lynch, Office of the Commissioner for Trademarks, 571-272-8742. SUPPLEMENTARY INFORMATION: Background Under 35 U.S.C. 41(i), the USPTO must maintain a collection of United States trademark registrations for use by the public in paper, microform, or electronic form. No such obligation exists with regard to trademark application files. The provision authorizing an electronic search collection of registered marks was added by section 4804(d)(1) of the American Inventors Protection Act of 1999 (“AIPA”), Title IV, Subtitle B, of Public Law 106-113, 113 Stat. 1501, 1501A-589. Section 4804(d)(2) of the AIPA requires that the USPTO not cease to maintain for use by the public its paper or microform collections of, *inter alia,* United States trademark registrations, except pursuant to notice and opportunity for public comment, and except where the USPTO Director has first submitted a report to the Committees of the Judiciary of the Senate and the House of Representatives detailing a plan to do so. The report must certify that the implementation of the plan will not negatively impact the public, and must include a “description of the mechanisms in place to ensure the integrity of such collections and the data contained therein, as well as to ensure prompt public access to the most current available information.” *Id.* By letters dated June 7, 2007, the USPTO submitted the requisite certification and report concerning its paper search collection of trademarks including design elements. The report and certification are currently available on the USPTO Web site at *http://www.uspto.gov/main/newsandnotices.htm* and *http://www.uspto.gov/web/trademarks/reports/reportcongress20070604.htm.* The USPTO currently maintains a searchable electronic database of registered marks and marks in pending applications, as well as text and images of marks in abandoned, cancelled and expired records dating back to 1984. Government insignia protected by U.S. law or by Article 6ter of the Paris Convention, and insignia that various federally and state recognized Native American tribes have identified as their official tribal insignia are also included. Trademark examining attorneys have relied exclusively on the electronic database since before 1990. The database available on the USPTO premises is called X-Search, and is accessible to the public at the USPTO's Public Search Facility in Alexandria, Virginia. On the USPTO Web site, the database is referred to as the Trademark Electronic Search System (“TESS”). Marks that include design elements are searchable by design codes. A different design coding system is used with the electronic search systems than has been used with the paper collection of trademark registrations. The paper design coding system organizes design marks according to specific designations (such as “trees,” “grotesque humans” or “circles”). Since 2001, these paper search designations (“PSD”) have been used to code registrations, but have not been used to code pending applications. The electronic design coding system is based on the International Classification of the Figurative Elements of Marks (“Vienna Classification”). The Vienna Classification arises out of a multilateral treaty administered by the World Intellectual Property Organization. It is a numerical classification index that codifies figurative design elements into categories. Each design element in a specific section is assigned a six-digit number. Design marks are coded by identifying the significant design elements and assigning the appropriate codes. The design codes cover all the possible designs that can appear in a trademark, and are used to search design marks. The Vienna Classification codes are applied to incoming applications and have been assigned to existing registrations. The USPTO provides a Design Search Code Manual on its Web site, which contains guidance about the scope of the specific codes of the Vienna Classification, cross-references directing the user to related codes, and other explanatory notes and guidelines. The USPTO has recently made significant enhancements to the Design Search Code Manual, including adding new design codes to refine searchability, identifying and re-coding all the current applications or registrations affected by the new design codes, and increasing and improving the examples given for the numerical design codes. In response to previous USPTO proposals to eliminate its paper search collection of registered marks that include design elements, some members of the public expressed the view that the ability to search both the paper collection and the electronic database provides better, more accurate search results, because if a design coding error is made under the Vienna Classification, the design mark is likely to be found by a paper search using the PSD. The USPTO considered this concern and developed a plan to address it. In a June 23, 2006, **Federal Register** Notice (71 FR 36065), the USPTO requested comments on its plan to remove the paper search collection of registered marks that include design elements from the USPTO's search facility in Arlington, Virginia, and replace the collection with an enhanced electronic search system and a microform collection of the paper search collection. The Notice announced the USPTO's plan to develop a new design code field for its TESS and X-Search databases, which will mirror the PSD. Under the announced plan, while the USPTO will maintain the Vienna Classification now used in TESS and X-Search, the USPTO will also code new registrations according to the PSD. This dual coding will permit electronic searching of registered design marks using the Vienna Classification, the PSD, or both. The Notice further stated the USPTO's plan that, upon completion of the development of the new design code system, the USPTO would microfilm the existing paper search collection of registered design marks, then remove the paper collection. The Notice provided that the new design code system would not be applied to the backfile, i.e., to applications filed or registrations issued before the date on which the system is implemented. Comments and Responses In response to the June 23, 2006 Notice, the USPTO received a total of nine

(9)comments from four intellectual property organizations, three attorneys and law firms, and two individuals. One comment agreed with the plan and complimented the USPTO on its use of technology to offer reliable services to the public. Many comments either voiced no objection to or voiced support for the removal of the paper records, but requested that steps be taken to verify the accuracy of the electronic capture of the records and ensure that implementation of the USPTO's plan would not negatively impact the public. Other comments opposed the removal of the paper search collection. Several comments included suggestions for improving the searchability of marks featuring designs of various types ( *e.g.* , three-dimensional design marks, marks featuring colors and shades of color). These suggestions have been referred to the relevant departments of the USPTO involving database search systems. However, as those suggestions do not directly relate to the proposed removal of the paper search collection, no direct response is provided herein. Responses to substantively relevant comments appear below. Comment 1: Microfilm Access Some comments expressed concern over the need for sufficient access to microfilm equipment for review of the microform collection, once it is completed. *Response:* The Public Search Facility in Alexandria, Virginia (“PSF”) contains ten microfilm reader workstations that enable users to view reels of microfilmed records. Use of such readers is available on a first-come, first-served basis. Usage of these workstations is monitored by PSF staff, and the levels of use suggest that no lack of access problems exist or are likely to arise. However, the PSF has arranged that in the event the use of such readers increases, and reaches certain threshold levels, the PSF will install more readers to meet the demand. The paper collection has been maintained at a USPTO search facility in Arlington, Virginia, in a separate location from the PSF at the USPTO's main offices in Alexandria, Virginia, where most of the facilities and equipment for public searching are located. Once this microfilming project is complete, and the microfilmed records are relocated to the PSF in Alexandria, all trademark searching may be done in one location. Comment 2: Design Coding Error Rate Several comments expressed concerns about design coding errors under the Vienna Classification system in the USPTO's electronic database, and voiced reservations about relying solely on the design coding in the electronic databases. *Response:* As an initial matter, the USPTO's plan allows for the same redundant search capabilities as are currently available, with the significant improvement that for future registrations, they will be available through the electronic database to all members of the public, not just those on the premises of the USPTO. The USPTO's plan includes the replication of the PSD in the electronic database for all newly issued registrations. Thus, these records will be coded under both the USPTO version of the Vienna Classification system and the PSD system. The USPTO intends that the coding of all newly issued registrations with the PSD system will be done by the same personnel who have previously coded the paper records. With the continuity of the same staff using the same coding system, the introduction of an electronic format should not negatively impact the accuracy of the coding. Use of the same records found on paper but now on microfilm will provide searchers equivalent resources to those they already use. In addition, all records will continue to be coded under the Vienna Classification as well, providing a second design coding scheme which public searchers may use as part of a dual search strategy. Should an error have occurred with respect to the coding of an image in one system, it is unlikely that the same error would be made in the other system. Thus, search results will have the same level of accuracy as currently produced in a dual search of both electronic and paper records. Moreover, recent USPTO efforts to improve design coding under the existing Vienna Classification system have improved the quality and searchability of the electronic database. Within the USPTO's Trademark Services Division, the work of all contracted specially trained design coders has been subject to 100% quality review by Federal employees for the past several years. The contracted workers receive training relating to design coding issues. In addition, the USPTO has created eighty

(80)new design search codes to allow for greater specificity in identifying and coding designs, has identified all the active applications and registrations affected by the new design codes, and has updated the electronic databases accordingly. The new version of the Design Code Manual featuring these new codes was made available on the USPTO's Web site on January 6, 2007. In addition, the USPTO has continued to seek input from applicants whose marks contain design elements, informing them of the design codes applied to their marks and offering the applicants the opportunity to submit corrections or additions to the coding. Specifically, each applicant for a mark that includes design elements receives a notice from the USPTO explaining design coding, explicitly identifying the Vienna Classification design codes assigned to the applicant's mark, and providing detailed instructions on how to request supplements or revisions to the assigned codes. Since November 2005, the USPTO has sent approximately 82,000 such notices. Beginning in July 2007, the USPTO will seek similar input from registrants whose existing registrations are for marks that include design elements. The USPTO reviews proposed corrections from any source that pertain to design codes assigned to live registrations or applications, has designated internal and external e-mailboxes for this purpose, and makes changes where necessary. A notice announcing the procedure for submitting proposed corrections was previously published in the USPTO's Official Gazette and is posted on the USPTO Web site. Internal review of the quality of the USPTO's design coding indicates that the efforts to improve quality have succeeded. A recent USPTO study reflects a relatively low error rate in design coding under the Vienna Classification system. In the USPTO's May 7, 2003, report concerning the paper public search collections, the USPTO cited a 19% design coding error rate among a random sample of 1009 applications filed between January 2001 and March 2002. To reevaluate the quality of design coding in the wake of the many improvement initiatives undertaken by the USPTO, in 2006, the USPTO conducted recurring random searches of new applications featuring design-coded marks. Review of the accuracy of the codes applied to the marks revealed that only 4.5% of records contained errors relating to significant elements of a mark that would negatively impact the ability to retrieve such a mark during a search for confusingly similar marks. Thus, the USPTO's ongoing efforts have significantly reduced the error rate in design coding. By the end of 2007, the USPTO will implement an additional quality enhancement to its design coding under its Vienna Classification system. Under the new procedure, upon acceptance of a registrant's section 8 affidavit, the registration file will be referred to the USPTO's design coders, who will review, and revise if necessary, the Vienna Classification design codes assigned to the registration. Upon completion of the review and any revision, the USPTO will notify the registrant of the Vienna Classification codes currently assigned to the registered mark, and provide information about how to request the addition or correction of these design codes. Comment 3: Uncoded Backfile Several comments expressed concerns that the plan to code only future electronic records with the PSD system would result in a hindered ability to accurately search the historic records of the backfile. *Response:* While the USPTO plans to apply the PSD system only prospectively to electronic records of registered marks, the historic copies of earlier registrations will be retained in microfilm under their originally assigned PSD. Thus, a searcher who wishes to search the backfile records using the PSD will be able to do so through the microfilm collection. The searcher can then also search the electronic database for the more recent registrations coded using the PSD system. Through this process, the search results will be identical to those that would have been retrieved in a search of the paper records. The USPTO notes that no legal obligation compels coding the entire backfile with the new PSD system in the electronic database. The USPTO has determined that the substantial costs and burdens associated with a voluntary undertaking of this nature would outweigh any benefit of providing the service, particularly where the backfile can be searched with the equivalent of the PSD system through the microfilm records. Comment 4: Requesting Coding Corrections One comment noted that the USPTO began sending notices to applicants inviting them to correct or add to the design code entries assigned by the Office. The commenter recommended that the USPTO initiate a quality check invitation to owners of all “live” registrations to assist the Office in its quality control. *Response:* Beginning in July 2007, the filing receipts for post-registration filings submitted via the Trademark Electronic Application System (“TEAS”) will notify registrants of the opportunity to request additions to or corrections of the Vienna Classification design codes assigned to their registrations. By the end of 2007, the USPTO intends to implement a new procedure whereby, upon acceptance of a registrant's § 8 affidavit, the registration file will be referred to the USPTO's design coders, who will review, and revise if necessary, the design codes assigned to the registration. Upon completion of the review and any revision, the USPTO will notify the registrant of the Vienna Classification codes currently assigned to the registered mark, and provide information about how to request the addition or correction of design codes. Currently, the USPTO reviews all proposed corrections from any source, regarding pending applications or registered marks, either sent electronically to the USPTO at *TMDesignCodeComments@uspto.gov* or received at 1-800-786-9199. A notice announcing such was published in the Official Gazette on October 19, 2004, and is posted on the USPTO's Web site. Comment 5: Accuracy of Microfilming One comment expressed concern over the accuracy of the USPTO's microfilming efforts, citing an allegation that approximately 10,000 drawings may have been missed and not microfilmed in a previous paper record microfilming project. *Response:* The quality and accuracy of the microfilming effort will be overseen by the staff of the PSF. The PSF conducted two microfilming projects in 2006, one of the abandoned trademark application drawing pages and the other of the pending trademark application drawing pages. PSF staff members with trademark expertise have overseen both projects, and quality review inspections have been conducted during each project. Care was taken to ensure that the quality of the contents of the reels was excellent, and film quality has been found to be exceptionally high. With respect to comprehensiveness of image capture, the comment appears to refer to an incident in one of the projects, where shoes of drawings that had not been removed during the initial retrieval were located. Specifically, 34 out of approximately 8,000 total shoes with approximately 270 drawings per shoe had not been removed initially. However, the oversight was identified while the microfilming project was still in progress, and these drawings were microfilmed and inserted into the correct order. Retrieval and filming of the missing records resulted in no impact on the final product. Thus, although these records were initially overlooked, this oversight was identified and corrected before completion of the project, ensuring thorough and accurate results for the project. In order to ensure that the upcoming microfilming project is complete and accurate, the PSF will employ a comprehensive quality review procedure while the project is in progress. The quality review should ensure that all records are microfilmed. Moreover, there will be a significant “grace period” before destruction of the paper records, during which they will be available to the PSF if needed to correct the microfilm. Comment 6: Marks Under Paris Convention or Native American Tribal Insignia Several comments referred to the alleged inadequacy of the electronic records with respect to the protected notifications under Article 6ter of the Paris Convention and the notified Native American tribal insignia. *Response:* As a threshold matter, the USPTO notes that these comments refer to records that are not registered trademarks, and therefore do not fall within the scope of the paper search collection at issue. Nonetheless, in response to the concern expressed in these comments, the USPTO has undertaken efforts to ensure that its electronic database for such records is complete. A project is nearly finished to load missing images into the Office's image data server to make them available for viewing on X-Search and TESS, and significant progress on the project has already been made. The USPTO notes that the missing images identified by the project were also missing from the paper search collection. Thus far, over 125 missing images have been loaded into the Office's image data server. No paper copies of protected notifications or insignia will be eliminated until the project is complete. Comment 7: Archiving the Paper Record Annotations One commenter expressed concern that handwritten annotations made to the paper records of word marks, which may provide assistance in locating intentionally altered spellings or misspellings, have not been reviewed for potential incorporation into the pseudo-mark field in the electronic database. *Response:* The USPTO created the pseudo-mark field to improve the accuracy of searches in its electronic databases, but the USPTO notes that no statutory obligation compels the maintenance of this feature. The pseudo-mark field shows the literal equivalent of a pictorial representation of wording in a design mark, and/or spellings that are similar or phonetically equivalent to wording in a word mark. The assignment of pseudo-marks to electronic records is performed by the Trademark Office within the USPTO. PSF staff members regularly make recommendations for pseudo-mark assignments, which may reflect the type of information in the handwritten annotations to the paper records. Moreover, members of the public may also suggest the addition of pseudo-marks. As with the design codes, the USPTO has sought and applied public input regarding the pseudo-mark data in the USPTO database. For example, since April 4, 2006, the USPTO has notified applicants whose marks include a pseudo-mark, to allow them the opportunity to correct or add to the pseudo-mark field. The USPTO has sent approximately 83,600 such notices. Although the pseudo-mark field provides a useful tool for searching, the USPTO is not required to provide this feature. Thus, a decision not to review an extensive number of documents for potential additions to the pseudo-mark field does not negatively impact the public. The USPTO has determined that the burden associated with this type of nonessential review of each page in the paper search collection, for consideration of all the handwritten notations, is too great. Nonetheless, because the microfilmed records will accurately capture the handwritten notations made on the paper records, the full scope of these notations will be archived for future reference. Additional Information As set forth above and in the June 23, 2006 **Federal Register** Notice, the purpose of the new design coding system is to replicate the ability to search the paper collection using the PSD. Since 2001, no design coding with the PSD has been done for incoming applications in the paper search collection. Rather, design coding with the PSD has only been applied to registrations. Accordingly, in order to replicate the benefits of redundant searching currently available with the paper search collection, the new design coding system need only be applied to new registrations, not to incoming applications. Therefore, the USPTO clarifies that the new system using the PSD will only be applied to registered marks. This suffices to ensure that no negative impact on existing search capabilities will result from the cessation of maintenance of the current paper search collection of registered marks including design elements. Notice Accordingly, the USPTO hereby gives notice that upon the completion of development and testing of its new redundant design coding system, but no earlier than sixty

(60)days from the date of this Notice, the USPTO will:

(1)Begin coding with the new coding system all new registrations of marks that include design elements;

(2)stop adding design coded registrations to the paper search collection; and

(3)begin microfilming the paper search collection of registered marks that include design elements. When microfilming is complete, the USPTO will remove the paper search collection of registered marks that include design elements. The microform collection will be available to the public in the Public Search Facility at 600 Dulany Street, Alexandria, Virginia. This will ensure that all information currently available in the paper search collection remains available to the public. Dated: June 22, 2007. Jon W. Dudas, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. E7-12498 Filed 6-27-07; 8:45 am] BILLING CODE 3510-16-P DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal No. 07-06] 36(b)(1) Arms Sales Notification AGENCY: Department of Defense, Defense Security Cooperation Agency. ACTION: Notice. SUMMARY: The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated 21 July 1996. FOR FURTHER INFORMATION CONTACT: Ms. B. English, DSCA/DBO/CFM,

(703)601-3740. The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 07-06 with attached transmittal and policy justification. C.R. Choate, Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 5001-06-M EN28JN07.000 EN28JN07.001 EN28JN07.002 [FR Doc. 07-3165 Filed 6-27-07; 8:45 am]

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