81 FR 64874 - Submission for OMB Review; Comment Request

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 183 (September 21, 2016)

Page Range		64874-64875
FR Document		2016-22648

Federal Register, Volume 81 Issue 183 (Wednesday, September 21, 2016)

[Federal Register Volume 81, Number 183 (Wednesday, September 21, 2016)]
[Notices]
[Pages 64874-64875]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22648]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Submission for OMB Review; Comment Request

    The Department of Commerce will submit 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: National Oceanic and Atmospheric Administration (NOAA).
    Title: Tilefish Individual Fishing Quota (IFQ) Program.
    OMB Control Number: 0648-0590.
    Form Number(s): None.
    Type of Request: Regular (extension of a currently approved 
information collection).
    Number of Respondents: 12.
    Average Hours per Response: IFQ Allocation Permit Application, 30 
minutes; IFQ Holder Cap Form, 5 minutes; IFQ Transfer Form, 5 minutes; 
IFQ Cost Recovery, 2 hours; IFQ Reporting Requirements, 2 minutes.
    Burden Hours: 42.
    Needs and Uses: This request is for extension of a current 
information collection.
    National Marine Fisheries Service (NMFS) Greater Atlantic Region 
manages the golden tilefish fishery of the Exclusive Economic Zone 
(EEZ) of the Northeastern United States, through the Tilefish Fishery 
Management Plan (FMP). The Mid-Atlantic Fishery Management Council 
prepared the FMP pursuant to the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act). The regulations implementing 
the FMP are specified at 50 CFR part 648 subpart N.
    The recordkeeping and reporting requirements at Sec.  648.294 form 
the basis for this collection of information. NMFS requests information 
from tilefish individual fishing quota (IFQ) permit holders in order to 
process applications to ensure that IFQ allocation holders are provided 
a statement of their annual catch quota, and for enforcement purposes, 
to ensure vessels are not exceeding an individual quota allocation. In 
conjunction with the application, NMFS also collects IFQ share 
accumulation information to ensure that an IFQ allocation holder does 
not acquire an excessive share of the total limited access privileges, 
as required by section 303A(d)(5)(C) of the Magnuson-Stevens Act.
    NMFS requests transfer application information to process and track 
requests from allocation holders to transfer quota allocation 
(permanent and temporary) to another entity. NMFS also collects 
information for cost recovery purposes as required under the Magnuson-
Stevens Act to collect fees to recover the costs directly related to 
management, data collection and analysis, and enforcement of IFQ 
programs. Lastly, NMFS collects landings information to ensure that the 
amounts of tilefish landed and ex-vessel prices are properly recorded 
for quota monitoring purposes and the calculation of IFQ fees, 
respectively. Having this information results in an increasingly more 
efficient and accurate database for management and monitoring of 
fisheries of the Northeastern U.S. EEZ.
    Affected Public: Business or other for-profit organizations.
    Frequency: Annually and on occasion.
    Respondent's Obligation: Mandatory.

[[Page 64875]]

    This information collection request may be viewed at reginfo.gov. 
Follow the instructions to view Department of Commerce collections 
currently under review by OMB.
    Written comments and recommendations for the proposed information 
collection should be sent within 30 days of publication of this notice 
to [email protected] or fax to (202) 395-5806.

    Dated: September 15, 2016.
Sarah Brabson,
NOAA PRA Clearance Officer.
[FR Doc. 2016-22648 Filed 9-20-16; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 81, No. 183 / Wednesday, September 21, 2016 / Notices 64875

This information collection request SUPPLEMENTARY INFORMATION: depository or another, the conditions of
may be viewed at reginfo.gov. Follow the test, and that it is a viable or
I. Abstract
the instructions to view Department of acceptable deposit. A viability statement
Commerce collections currently under This information collection covers is not required when a deposit is made
review by OMB. both deposits of biological materials and and accepted under the Budapest
Written comments and the depositories in which they are Treaty.
recommendations for the proposed stored. While these two topics are Once a depositor has deposited
information collection should be sent related, the information collection biological materials into a recognized
within 30 days of publication of this requirements for a respondent depository, occasions may arise
notice to OIRA_Submission@ depositing biological material are not necessitating additional communication
omb.eop.gov or fax to (202) 395–5806. the same as those that must be followed between the depositor and the USPTO.
by a respondent seeking approval from For example, depositors may be
Dated: September 15, 2016.
the USPTO to store biological materials. required to submit verification
Sarah Brabson, These different requirements are statements for biological materials
NOAA PRA Clearance Officer. addressed in separate sections. Section deposited after the effective filing date
[FR Doc. 2016–22648 Filed 9–20–16; 8:45 am] I.A. deals with the deposit of biological of a patent application or written
BILLING CODE 3510–22–P materials and section I.B. deals with the notification that an acceptable deposit
depositories. There are no forms will be made.
associated with this collection. Occasionally a deposit may be lost,
DEPARTMENT OF COMMERCE contaminated, or otherwise is not able
A. Deposits of Biological Materials
to self-replicate, and a replacement or
United States Patent and Trademark The deposit of biological materials as supplemental deposit needs to be made.
Office part of a patent application is In that event, the depositor must submit
authorized by 35 U.S.C. 2(b)(2). The a written notification to the USPTO
Deposit of Biological Materials term ‘‘biological material’’ is defined in concerning the particulars of the
37 CFR 1.801 as including material that situation and request a certificate of
ACTION: Notice and request for comment.
is capable of self-replication, either correction by the USPTO authorizing
SUMMARY: The United States Patent and directly or indirectly. When an the replacement or supplemental
Trademark Office (USPTO), as part of its invention involves a biological material, deposit.
continuing effort to reduce paperwork sometimes words and figures are not To summarize, the nature of the
and respondent burden, invites the sufficient to satisfy the statutory information collected by the USPTO in
general public and other Federal requirement for patentability under 35 association with the deposit of
agencies to comment on the renewal of U.S.C. 112 (every patent must contain a biological materials is that of
a continuing information collection, as description of the invention sufficient to certifications/statements, as described
required by the Paperwork Reduction enable a person (knowledgeable in the above, regarding a biological sample
Act of 1995, Public Law 104–13 (44 relevant science), to make and use the deposited at a depository. There is no
U.S.C. 3506(c)(2)(A)). invention as specified by 35 U.S.C. 112). form associated with the information
In such cases, the required biological collected by the USPTO in connection
DATES: Written comments must be
material must either be: (1) Known and with the deposit of biological materials.
submitted on or before November 21,
readily available (neither condition
2016. B. Depositories
alone is sufficient) or (2) deposited in a
ADDRESSES: You may submit comments suitable depository that has been Institutions that wish to be recognized
by any of the following methods: recognized as an International by the USPTO as a suitable depository
• Email: InformationCollection@ Depositary Authority (IDA) established to receive deposits for patent purposes
uspto.gov. Include ‘‘0651–0022 under the Budapest Treaty, or a are required by 37 CFR 1.803 to make
comment’’ in the subject line of the depository recognized by the USPTO to a request demonstrating that they are
message. meet the requirements of 35 U.S.C. 112. qualified to store and test the biological
• Federal Rulemaking Portal: http:// Under the authority of 35 U.S.C. 2(b)(2), materials submitted to them under
www.regulations.gov. the deposit rules (37 CFR 1.801–1.809) patent applications. A depository
• Mail: Marcie Lovett, Records set forth examining procedures and seeking recognition from the USPTO to
Management Division Director, Office of conditions of deposit which must be store biological materials must show
the Chief Information Officer, United satisfied in the event a deposit is that internal practices (both technical
States Patent and Trademark Office, required. The rules do not address the and administrative) and the technical
P.O. Box 1450, Alexandria, VA 22313– substantive issue of whether a deposit is ability of the staff and the facility are
1450. required under any particular set of sufficient to protect the integrity of the
FOR FURTHER INFORMATION CONTACT: facts. biological materials being stored.
Requests for additional information In cases where a deposit is necessary, USPTO rules are stringent to ensure
should be directed to Raul Tamayo, the USPTO collects information to the competence and quality of
Senior Legal Advisor, Office of Patent determine whether the depositor is in depositories. Depositories must submit
Legal Administration, United States compliance with the deposit rules. This documentation to the USPTO that
Patent and Trademark Office, P.O. Box includes statements proving notification verifies that their practices and
1450, Alexandria, VA 22313–1450; by to the interested public on where to procedures, the technical competence of
mstockstill on DSK3G9T082PROD with NOTICES

telephone at 571–272–7728; or by email obtain samples of the deposits and their staff, and their facilities fulfill the
to Raul.Tamayo@uspto.gov with ‘‘0651– confirming that all restriction on access stringent requirements spelled out
0022 comment’’ in the subject line. to the deposit will be irrevocably under the rules.
Additional information about this removed upon issuance of the patent. A Once a depository has been
collection is also available at http:// viability statement also must be recognized by the USPTO, occasions
www.reginfo.gov under ‘‘Information submitted to the USPTO showing that may arise where additional
Collection Review.’’ the biological material was tested by the communication between the depository

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Document Created: 2016-09-21 01:31:01
Document Modified: 2016-09-21 01:31:01

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 64874

81 FR 64874 - Submission for OMB Review; Comment Request

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 183 (September 21, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration