83_FR_17612 83 FR 17535 - South Atlantic Fishery Management Council; Public Meetings

83 FR 17535 - South Atlantic Fishery Management Council; Public Meetings

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 77 (April 20, 2018)

Page Range17535-17536
FR Document2018-08340

The South Atlantic Fishery Management Council (Council) will hold a meeting of its Spiny Lobster Advisory Panel.

Federal Register, Volume 83 Issue 77 (Friday, April 20, 2018)
[Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
[Notices]
[Pages 17535-17536]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08340]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG164


South Atlantic Fishery Management Council; Public Meetings

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of a public meeting.

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SUMMARY: The South Atlantic Fishery Management Council (Council) will 
hold a meeting of its Spiny Lobster Advisory Panel.

DATES: The meeting will be held via webinar on May 7, 2018, from 1 p.m. 
until 4 p.m.

ADDRESSES: Council address: South Atlantic Fishery Management Council, 
4055 Faber Place Drive, Suite 201, N. Charleston, SC 29405.

[[Page 17536]]


FOR FURTHER INFORMATION CONTACT: Kim Iverson, Public Information 
Officer, SAFMC; phone: (843) 571-4366 or toll free: (866) SAFMC-10; 
fax: (843) 769-4520; email: [email protected].

SUPPLEMENTARY INFORMATION: Agenda items for the Spiny Lobster Advisory 
Panel include the following: A review of Spiny Lobster Amendment 13 
(gear requirements and cooperative management procedures), development 
of a Fishery Performance Report for spiny lobster, and a discussion of 
regulatory reform. Advisory panel members will provide recommendations 
as appropriate.

Special Accommodations

    The meeting is physically accessible to people with disabilities. 
Requests for auxiliary aids should be directed to the Council office 
(see ADDRESSES) 3 days prior to the public meeting.

    Note: The times and sequence specified in this agenda are 
subject to change.


    Authority: 16 U.S.C. 1801 et seq.

    Dated: April 17, 2018.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2018-08340 Filed 4-19-18; 8:45 am]
 BILLING CODE 3510-22-P



                                                                                 Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Notices                                                17535

                                                (1) Enter the Webinar ID: 168–585–091;                  disabilities. Requests for sign language              analyses by SERO staff. The SSC
                                                (2) Enter your name and email address                   interpretation or other auxiliary aids                decided at their October 24–26, 2017
                                                (required). You must use your telephone                 should be directed to Mr. Kris                        meeting in Charleston, SC that the
                                                for the audio portion of the meeting by                 Kleinschmidt (kris.kleinschmidt@                      complexity of the SARIMA model made
                                                dialing this TOLL number 1–631–992–                     noaa.gov; (503) 820–2411) at least 10                 it less favorable as a management tool.
                                                3221; (3) Enter the Attendee phone                      days prior to the meeting date.                       They also determined that the method
                                                audio access code 245–429–810; (4)                        Dated: April 17, 2018.                              using the last 3 years of fishery data was
                                                Enter your audio phone pin (shown                                                                             likely more representative of the current
                                                                                                        Tracey L. Thompson,
                                                after joining the webinar). Note: We                                                                          fishery than using the entire time series,
                                                                                                        Acting Deputy Director, Office of Sustainable
                                                have disabled Mic/Speakers as an                                                                              as was done in the SARIMA model.
                                                                                                        Fisheries, National Marine Fisheries Service.
                                                option and require all participants to                                                                        However, the SEP also reviewed the
                                                                                                        [FR Doc. 2018–08342 Filed 4–19–18; 8:45 am]
                                                use a telephone or cell phone to                                                                              SARIMA model and concluded that in
                                                                                                        BILLING CODE 3510–22–P                                principle, the SARIMA model is
                                                participate. Technical Information and
                                                System Requirements: PC-based                                                                                 superior to using average catch rates
                                                attendees are required to use Windows®                  DEPARTMENT OF COMMERCE
                                                                                                                                                              from the last 3 years. The SEP’s
                                                7, Vista, or XP; Mac®-based attendees                                                                         recommendation was to present both
                                                are required to use Mac OS® X 10.5 or                   National Oceanic and Atmospheric                      models to the Council as both have pros
                                                newer; Mobile attendees are required to                 Administration                                        and cons.
                                                use iPhone®, iPad®, AndroidTM phone                                                                           Items to be addressed during this
                                                or Android tablet (see https://                         RIN 0648–XG118                                           meeting
                                                www.gotomeeting.com/webinar/ipad-                                                                                Review the proposed SARIMA model
                                                                                                        Fisheries of the South Atlantic; South                      and provide comments and
                                                iphone-android-webinar-apps). You
                                                                                                        Atlantic Fishery Management Council;                        recommendations as necessary.
                                                may send an email to Mr. Kris
                                                                                                        Public Meeting
                                                Kleinschmidt at Kris.Kleinschmidt@                                                                            Special Accommodations
                                                noaa.gov or contact him at (503) 820–                   AGENCY:  National Marine Fisheries
                                                2280, extension 411 for technical                       Service (NMFS), National Oceanic and                    The meeting is physically accessible
                                                assistance.                                             Atmospheric Administration (NOAA),                    to people with disabilities. Requests for
                                                   Council address: Pacific Fishery                     Commerce.                                             sign language interpretation or other
                                                Management Council, 7700 NE                                                                                   auxiliary aids should be directed to the
                                                                                                        ACTION: Notice of a public meeting.
                                                Ambassador Place, Suite 101, Portland,                                                                        Council office (see ADDRESSES) at least 5
                                                OR 97220–1384.                                          SUMMARY:    The South Atlantic Fishery                business days prior to the meeting.
                                                FOR FURTHER INFORMATION CONTACT:                        Management Council (Council) will                       Note: The times and sequence specified in
                                                Kerry Griffin, Pacific Council;                         hold a meeting of its Scientific and                  this agenda are subject to change.
                                                telephone: (503) 820–2409.                              Statistical Committee (SSC) and Socio-
                                                                                                        Economic Panel (SEP) to review the                       Authority: 16 U.S.C. 1801 et seq.
                                                SUPPLEMENTARY INFORMATION: The                                                                                  Dated: April 17, 2018.
                                                                                                        seasonal autoregressive integrated
                                                purpose of the meeting is for the CPSMT                 moving average (SARIMA) model                         Tracey L. Thompson,
                                                to develop materials, including a                       proposed for use by the Southeast                     Acting Deputy Director, Office of Sustainable
                                                proposed purpose and need statement,                    Regional Office (SERO) staff to conduct               Fisheries, National Marine Fisheries Service.
                                                to assist the Council in establishing the               management analyses. See                              [FR Doc. 2018–08327 Filed 4–19–18; 8:45 am]
                                                scope for a potential action to revise the
                                                                                                        SUPPLEMENTARY INFORMATION.                            BILLING CODE 3510–22–P
                                                Pacific sardine live bait provisions in
                                                                                                        DATES: The SSC and SEP meeting will
                                                the Coastal Pelagic Species Fishery
                                                Management Plan, when the Pacific                       be held via webinar on Monday, May 7,
                                                                                                        2018, from 10 a.m. to 12 p.m.                         DEPARTMENT OF COMMERCE
                                                sardine biomass is in an overfished
                                                condition. The Council established a                    ADDRESSES:
                                                                                                          Meeting address: The meeting will be                National Oceanic and Atmospheric
                                                process that includes scoping at the                                                                          Administration
                                                June 2018 meeting, adopting a range of                  held via webinar. The webinar is open
                                                alternatives at the September 2018                      to members of the public. Those                       RIN 0648–XG164
                                                meeting, and final action at the                        interested in participating should
                                                                                                        contact Mike Errigo at the Council office             South Atlantic Fishery Management
                                                November 2018 meeting.                                                                                        Council; Public Meetings
                                                   Although non-emergency issues not                    (see FOR FURTHER INFORMATION CONTACT)
                                                contained in the meeting agenda may be                  to request an invitation providing                    AGENCY:  National Marine Fisheries
                                                discussed, those issues may not be the                  webinar access information. Please                    Service (NMFS), National Oceanic and
                                                subject of formal action during this                    request webinar invitations at least 24               Atmospheric Administration (NOAA),
                                                meeting. Action will be restricted to                   hours in advance of the webinar.                      Commerce.
                                                those issues specifically listed in this                  Council address: South Atlantic                     ACTION: Notice of a public meeting.
                                                document and any issues arising after                   Fishery Management Council, 4055
                                                publication of this document that                       Faber Place Drive, Suite 201, N.                      SUMMARY:   The South Atlantic Fishery
                                                require emergency action under section                  Charleston, SC 29405.                                 Management Council (Council) will
                                                305(c) of the Magnuson-Stevens Fishery                  FOR FURTHER INFORMATION CONTACT:                      hold a meeting of its Spiny Lobster
                                                                                                        Mike Errigo; 4055 Faber Place Drive,                  Advisory Panel.
sradovich on DSK3GMQ082PROD with NOTICES




                                                Conservation and Management Act,
                                                provided the public has been notified of                Suite 201, North Charleston, SC 29405;                DATES: The meeting will be held via
                                                the intent to take final action to address              phone: (843) 571–4366 or toll free: (866)             webinar on May 7, 2018, from 1 p.m.
                                                the emergency.                                          SAFMC–10; fax: (843) 769–4520; email:                 until 4 p.m.
                                                                                                        mike.errigo@safmc.net.                                ADDRESSES: Council address: South
                                                Special Accommodations                                  SUPPLEMENTARY INFORMATION: This                       Atlantic Fishery Management Council,
                                                  The public listening station is                       meeting is held to review the SARIMA                  4055 Faber Place Drive, Suite 201, N.
                                                physically accessible to people with                    model proposed for use in management                  Charleston, SC 29405.


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                                                17536                            Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Notices

                                                FOR FURTHER INFORMATION CONTACT:     Kim                website. Examiners had been previously                patent eligible. See Berkheimer v. HP
                                                Iverson, Public Information Officer,                    instructed to conclude that an element                Inc., 881 F.3d 1360 (Fed. Cir. 2018).
                                                SAFMC; phone: (843) 571–4366 or toll                    (or combination of elements) is well-                 Shortly thereafter, the Federal Circuit
                                                free: (866) SAFMC–10; fax: (843) 769–                   understood, routine, conventional                     reaffirmed the Berkheimer standard in
                                                4520; email: kim.iverson@safmc.net.                     activity only when the examiner can                   the context of a judgment on the
                                                SUPPLEMENTARY INFORMATION: Agenda                       readily conclude that the element(s) is               pleadings and judgment as a matter of
                                                items for the Spiny Lobster Advisory                    widely prevalent or in common use in                  law.1 While summary judgment,
                                                Panel include the following: A review of                the relevant industry. The Berkheimer                 judgment on the pleadings, and
                                                Spiny Lobster Amendment 13 (gear                        memorandum now clarifies that such a                  judgment as a matter of law standards
                                                requirements and cooperative                            conclusion must be based upon a factual               in civil litigation are generally
                                                management procedures), development                     determination that is supported as                    inapplicable during the patent
                                                of a Fishery Performance Report for                     discussed in the memorandum.                          examination process, these decisions
                                                spiny lobster, and a discussion of                      Aditionally the Berkheimer                            inform the inquiry into whether an
                                                regulatory reform. Advisory panel                       memorandum now also specifies that                    additional element (or combination of
                                                members will provide recommendations                    the analysis for determining whether an               additional elements) represents well-
                                                as appropriate.                                         element (or combination of elements) is               understood, routine, conventional
                                                                                                        widely prevalent or in common use is                  activity. The USPTO has implemented
                                                Special Accommodations                                  the same as the analysis under 35 U.S.C.              this decision in the Berkheimer
                                                  The meeting is physically accessible                  112(a) as to whether an element is so                 memorandum, which was recently
                                                to people with disabilities. Requests for               well-known that it need not be                        issued to the Patent Examining Corps
                                                auxiliary aids should be directed to the                described in detail in the patent                     and is available to the public on the
                                                Council office (see ADDRESSES) 3 days                   specification. The USPTO is now                       USPTO’s internet website.
                                                prior to the public meeting.                            seeking public comment on its subject                    The USPTO recognizes that unless
                                                  Note: The times and sequence specified in             matter eligibility guidance, and                      careful consideration is given to the
                                                this agenda are subject to change.                      particularly its guidance in the                      particular contours of subject matter
                                                                                                        Berkheimer memorandum to the Patent                   eligibility (35 U.S.C. 101), it could
                                                   Authority: 16 U.S.C. 1801 et seq.                    Examining Corps.                                      ‘‘swallow all of patent law.’’ Alice Corp.
                                                  Dated: April 17, 2018.                                DATES: Comment Deadline Date: Written                 v. CLS Bank International, 573 U.S. __
                                                Tracey L. Thompson,                                     comments must be received on or before                _, ___, 134 S. Ct. 2347, 2352 (2014)
                                                Acting Deputy Director, Office of Sustainable           August 20, 2018.                                      (citing Mayo Collaborative Servs. v.
                                                Fisheries, National Marine Fisheries Service.                                                                 Prometheus Labs., Inc., 566 U.S. 66, 71
                                                                                                        ADDRESSES: Comments must be sent by
                                                                                                                                                              (2012)). The Berkheimer memorandum
                                                [FR Doc. 2018–08340 Filed 4–19–18; 8:45 am]             electronic mail message over the
                                                                                                                                                              provides additional USPTO guidance
                                                BILLING CODE 3510–22–P                                  internet addressed to: Eligibility2018@
                                                                                                                                                              that will further clarify how the USPTO
                                                                                                        uspto.gov.
                                                                                                          Electronic comments submitted in                    is determining subject matter eligibility
                                                DEPARTMENT OF COMMERCE                                                                                        in accordance with prevailing
                                                                                                        plain text are preferred, but also may be
                                                                                                                                                              jurisprudence. Specifically, the
                                                                                                        submitted in ADOBE® portable
                                                Patent and Trademark Office                                                                                   Berkheimer memorandum addresses the
                                                                                                        document format or MICROSOFT
                                                                                                                                                              limited question of whether an
                                                [Docket No.: PTO–P–2018–0033]                           WORD® format. Comments not
                                                                                                                                                              additional element (or combination of
                                                                                                        submitted electronically should be
                                                Request for Comments on Determining                                                                           additional elements) represents well-
                                                                                                        submitted on paper in a format that
                                                Whether a Claim Element Is Well-                                                                              understood, routine, conventional
                                                                                                        facilitates convenient digital scanning
                                                                                                                                                              activity. The USPTO is determined to
                                                Understood, Routine, Conventional for                   into ADOBE® portable document
                                                Purposes of Subject Matter Eligibility                                                                        continue its mission to provide clear
                                                                                                        format. The comments will be available                and predictable patent rights in
                                                AGENCY:  United States Patent and                       for viewing via the USPTO’s internet                  accordance with this rapidly evolving
                                                Trademark Office, Commerce.                             website (http://www.uspto.gov). Because               area of the law and, to that end, may
                                                                                                        comments will be made available for                   issue further guidance in the future.
                                                ACTION: Request for comments.
                                                                                                        public inspection, information that the                  II. Well-Understood, Routine,
                                                SUMMARY:    The U.S. Court of Appeals for               submitter does not desire to make                     Conventional Activity: The USPTO’s
                                                the Federal Circuit (Federal Circuit)                   public, such as an address or phone                   current understanding of the judicial
                                                recently issued a decision regarding the                number, should not be included in the                 framework distinguishing patents and
                                                inquiry of whether a claim limitation                   comments.                                             applications that claim laws of nature,
                                                represents well-understood, routine,                    FOR FURTHER INFORMATION CONTACT:                      natural phenomena, and abstract ideas
                                                conventional activities (or elements) to                Carolyn Kosowski, Senior Legal                        from those that claim patent-eligible
                                                a skilled artisan in the relevant field.                Advisor, at 571–272–7688 or Matthew
                                                Specifically, the Federal Circuit found                 Sked, Senior Legal Advisor, at 571–272–                  1 See Aatrix Software, Inc. v. Green Shades

                                                that whether a claim element, or                        7627, both with the Office of Patent                  Software, Inc., 882 F.3d 1121 (Fed. Cir. 2018)
                                                                                                        Legal Administration.                                 (reversing a judgment on the pleadings of
                                                combination of elements, represents                                                                           ineligibility, finding that whether the claims in the
                                                well-understood, routine, conventional                  SUPPLEMENTARY INFORMATION:                            challenged patent perform well-understood,
                                                activities to a skilled artisan in the                    I. Federal Circuit Decision in                      routine, conventional activities is an issue of fact);
                                                relevant field is a question of fact. The               Berkheimer: The Federal Circuit                       Exergen Corp. v. Kaz USA, Inc., Nos. 2016–2315,
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                              2016–2341, 2018 WL 1193529, at *1 (Fed. Cir. Mar.
                                                United States Patent and Trademark                      recently issued a precedential decision               8, 2018) (non-precedential) (affirming a district
                                                Office (USPTO) has implemented this                     holding that the question of whether                  court’s denial of a motion for judgment as a matter
                                                decision in a memorandum recently                       certain claim limitations are well-                   of law of patent ineligibility, thus upholding the
                                                issued to the Patent Examining Corps                    understood, routine, conventional                     district court’s conclusion that the claims were
                                                                                                                                                              drawn to a patent eligible invention, concluding
                                                (the Berkheimer memorandum). The                        elements raised a disputed factual issue,             that the district court’s fact finding that the claimed
                                                Berkheimer memorandum is available to                   which precluded summary judgment                      combination was not proven to be well-understood,
                                                the public on the USPTO’s internet                      that all of the claims at issue were not              routine, conventional was not clearly erroneous).



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Document Created: 2018-04-20 00:02:54
Document Modified: 2018-04-20 00:02:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of a public meeting.
DatesThe meeting will be held via webinar on May 7, 2018, from 1 p.m. until 4 p.m.
ContactKim Iverson, Public Information Officer, SAFMC; phone: (843) 571-4366 or toll free: (866) SAFMC-10; fax: (843) 769-4520; email: [email protected]
FR Citation83 FR 17535 
RIN Number0648-XG16

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