Public Advisory Committees, 20960-20961 [2011-9085]

Download as PDF mstockstill on DSKH9S0YB1PROD with NOTICES 20960 Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Notices Policy, NOAA expects to improve consistency at a national level, provide greater predictability for the regulated community and the public, improve transparency in enforcement, and more effectively protect natural resources. Under the new Penalty Policy, penalties and permit sanctions are based on two criteria: (1) A ‘‘base penalty’’ calculated by adding an initial base penalty amount and permit sanction reflective of the gravity of the violation and the culpability of the violator and adjustments to the initial base penalty and permit sanction upward or downward to reflect the particular circumstances of a specific violation; and (2) an additional amount added to the base penalty to recoup the proceeds of any unlawful activity and any additional economic benefit of noncompliance. We note that the new Penalty Policy is a departure from NOAA’s prior practice of developing detailed penalty schedules by region and by specific types of violations with broad ranges for both penalty and permit sanctions. The new policy uses a simplified approach of one penalty and permit sanction matrix for each major statute that NOAA enforces, to be applied nationally, with narrower penalty and permit sanction ranges. This approach assures that NOAA attorneys are provided with greater guidance in recommending penalties, and should assure fairness and consistency of approach across NOAA statutes, across fisheries, and across the country. NOAA sought public comment on the proposed draft penalty policy between October 21, 2010 and December 20, 2010. NOAA received written input on the proposed policy from regional fishery management councils, industry trade groups, commercial interests, nonprofit organizations, academic institutions, and federal, state, and interstate agencies. A summary of the comments received along with NOAA’s responses to these comments is available at the website above. The final Penalty Policy supersedes previous guidance regarding assessment of penalties or permit sanctions and previous penalty and permit sanction schedules issued by the NOAA Office of General Counsel, and goes into effect immediately for any cases charged after its issuance date. This Penalty Policy provides guidance for the NOAA Office of General Counsel, but does not, nor is it intended to, create a right or benefit, substantive or procedural, enforceable at law or in equity, in any person or company. The full final Penalty Policy, along with examples, matrixes, and schedules, VerDate Mar<15>2010 18:34 Apr 13, 2011 Jkt 223001 may be found at https:// www.gc.noaa.gov/enforce-office1.html. Dated: April 5, 2011. Lois J. Schiffer, General Counsel, National Oceanic and Atmospheric Administration. [FR Doc. 2011–9021 Filed 4–13–11; 8:45 am] BILLING CODE 3510–12–P DEPARTMENT OF COMMERCE Patent and Trademark Office [Docket No. PTO–C–2011–0022] Public Advisory Committees United States Patent and Trademark Office, Commerce. ACTION: Notice and request for nominations. AGENCY: On November 29, 1999, the President signed into law the Patent and Trademark Office Efficiency Act (the ‘‘Act’’), Public Law 106–113, which, among other things, established two Public Advisory Committees to review the policies, goals, performance, budget and user fees of the United States Patent and Trademark Office (USPTO) with respect to patents, in the case of the Patent Public Advisory Committee, and with respect to trademarks, in the case of the Trademark Public Advisory Committee, and to advise the Director on these matters (now codified at 35 U.S.C. 5). The USPTO is requesting nominations for three (3) members to each Public Advisory Committee for terms of three years that begin at the expiration of the predecessors’ terms, or on October 6, 2011. DATES: Nominations must be postmarked or electronically transmitted on or before May 20, 2011. ADDRESSES: Persons wishing to submit nominations should send the nominee’s ´ resume to Chief of Staff, Office of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, Post Office Box 1450, Alexandria, Virginia 22313–1450; by electronic mail to: PPACnominations@uspto.gov for the Patent Public Advisory Committee or TPACnominations@uspto.gov for the Trademark Patent Public Advisory Committee; by facsimile transmission marked to the Chief of Staff’s attention at (571) 273–0464, or by mail marked to the Chief of Staff’s attention and addressed to the Office of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, Post Office Box 1450, Alexandria, Virginia 22313–1450. SUMMARY: PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 FOR FURTHER INFORMATION CONTACT: Andrew H. Hirshfeld, Chief of Staff, by facsimile transmission marked to his attention at (571) 273–0464, or by mail marked to his attention and addressed to the Office of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, Post Office Box 1450, Alexandria, Virginia 22313–1450. SUPPLEMENTARY INFORMATION: The Advisory Committees’ duties include: • Review and advise the Under Secretary of Commerce for Intellectual Property and Director of the USPTO on matters relating to policies, goals, performance, budget, and user fees of the USPTO relating to patents and trademarks, respectively; and • Within 60 days after the end of each fiscal year: (1) Prepare an annual report on matters listed above; (2) transmit a report to the Secretary of Commerce, the President, and the Committees on the Judiciary of the Senate and the House of Representatives; and (3) publish the report in the Official Gazette of the USPTO. Advisory Committees The Public Advisory Committees are each composed of nine (9) voting members who are appointed by the Secretary of Commerce (the ‘‘Secretary’’) and serve at the pleasure of the Secretary for three (3)-year terms. The Public Advisory Committee members must be United States citizens and represent the interests of diverse users of the USPTO, both large and small entity applicants in proportion to the number of such applications filed. The Committees must include members who have ‘‘substantial backgrounds and achievement in finance, management, labor relations, science, technology, and office automation.’’ 35 U.S.C. 5(b)(3). In the case of the Patent Public Advisory Committee, at least twenty-five (25) percent of the members must represent ‘‘small business concerns, independent inventors, and nonprofit organizations,’’ and at least one member must represent the independent inventor community (35 U.S.C. 5(b)(2)). Each of the Public Advisory Committees also includes three (3) non-voting members representing each labor organization recognized by the USPTO. Administration policy discourages the appointment of Federally registered lobbyists to agency advisory boards and commissions (Lobbyists on Agency Boards and Commissions, https:// www.whitehouse.gov/blog/2009/09/23/ lobbyist-agency-boards-andcommissions (Sept. 23, 2009, 2:33PM EST)); cf. Exec. Order No. 13490, 74 FR 4673 (January 21, 2009) (while Executive Order 13490 does not E:\FR\FM\14APN1.SGM 14APN1 Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Notices specifically apply to Federally registered lobbyists appointed by agency or department heads, it sets forth the Administration’s general policy of decreasing the influence of special interests in the Federal Government). mstockstill on DSKH9S0YB1PROD with NOTICES Procedures and Guidelines of the Patent and Trademark Public Advisory Committees Each newly appointed member of the Patent and Trademark Public Advisory Committees will serve for a term of three years beginning at the expiration of his or her predecessor’s term. As required by the Act, members of the Patent and Trademark Public Advisory Committees will receive compensation for each day while the member is attending meetings or engaged in the business of that Advisory Committee. The enabling statute states that members are to be compensated at the daily equivalent of the annual rate of basic pay in effect for level III of the Executive Schedule under section 5314 of Title 5, United States Code. Committee members are compensated on an hourly basis, calculated at the daily rate. While away from home or regular place of business, each member will be allowed travel expenses, including per diem in lieu of subsistence, as authorized by Section 5703 of Title 5, United States Code. The USPTO will provide clerical and other support services for the Committees as the Director may determine to be necessary and proper. Applicability of Certain Ethics Laws Members of each Public Advisory Committee shall be Special Government Employees within the meaning of Section 202 of Title 18, United States Code. The following additional information includes several, but not all, of the ethics rules that apply to members, and assumes that members are not engaged in Public Advisory Committee business more than sixty days during any period of 365 consecutive days. • Each member will be required to file a confidential financial disclosure form within thirty (30) days of appointment. 5 CFR 2634.202(c), 2634.204, 2634.903, and 2634.904(b). • Each member will be subject to many of the public integrity laws, including criminal bars against representing a party, 18 U.S.C. 205(c), in a particular matter that came before the member’s committee and that involved at least one specific party. See also 18 U.S.C. 207 for post-membership bars. A member also must not act on a matter in which the member (or any of certain closely related entities) has a financial interest (18 U.S.C. 208). VerDate Mar<15>2010 18:34 Apr 13, 2011 Jkt 223001 20961 • Representation of foreign interests may also raise issues (35 U.S.C. 5(a)(1) and 18 U.S.C. 219). Dated: April 12, 2011. Todd A Stevenson, Secretary. Meetings of the Patent and Trademark Public Advisory Committees Meetings of each Advisory Committee will take place at the call of the respective Committee Chair to consider an agenda set by that Chair. Meetings may be conducted in person, electronically through the Internet, or by other appropriate means. The meetings of each Advisory Committee will be open to the public except each Advisory Committee may, by majority vote, meet in confidential executive sessions when considering personnel, privileged, or other confidential matters. Nominees must have the ability to participate in Committee business through the Internet. [FR Doc. 2011–9218 Filed 4–12–11; 4:15 pm] Procedures for Submitting Nominations ´ Submit resumes for nomination for the Patent Public Advisory Committee and the Trademark Public Advisory Committee to: Chief of Staff to the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, utilizing the addresses provided above. Dated: April 8, 2011. David J. Kappos, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. 2011–9085 Filed 4–13–11; 8:45 am] BILLING CODE 3510–16–P CONSUMER PRODUCT SAFETY COMMISSION Sunshine Act Meeting Notice Wednesday, April 20, 2011; 10 a.m.—11 a.m. PLACE: Room 410, Bethesda Towers, 4330 East West Highway, Bethesda, Maryland. STATUS: Closed to the public. MATTER TO BE CONSIDERED: TIME AND DATE: Compliance Status Report The Commission staff will brief the Commission on the status of compliance matters. For a recorded message containing the latest agenda information, call (301) 504–7948. CONTACT PERSON FOR MORE INFORMATION: Todd A. Stevenson, Office of the Secretary, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814, (301) 504–7923. PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 BILLING CODE 6355–01–P CORPORATION FOR NATIONAL AND COMMUNITY SERVICE Information Collection; Submission for OMB Review, Comment Request Corporation for National and Community Service. ACTION: Notice. AGENCY: The Corporation for National and Community Service (hereinafter the ‘‘Corporation’’), has submitted a public information collection request (ICR) entitled Assessment of the National Conference on Volunteering and Service (formerly known as National Conference Surveys), for review and approval in accordance with the Paperwork Reduction Act of 1995, Public Law 104– 13, (44 U.S.C. Chapter 35). Copies of this ICR, with applicable supporting documentation, may be obtained by calling the Corporation for National and Community Service, Nathan Dietz, at (202) 606–6633 or e-mail to ndietz@cns.gov. Individuals who use a telecommunications device for the deaf (TTY–TDD) may call (202) 606–3472 between 8:30 a.m. and 5 p.m. Eastern Time, Monday through Friday. ADDRESSES: Comments may be submitted, identified by the title of the information collection activity, to the Office of Information and Regulatory Affairs, Attn: Ms. Sharon Mar, OMB Desk Officer for the Corporation for National and Community Service, by any of the following two methods within 30 days from the date of publication in the Federal Register: (1) By fax to: (202) 395–6974, Attention: Ms. Sharon Mar, OMB Desk Officer for the Corporation for National and Community Service; and (2) Electronically by e-mail to smar@omb.eop.gov. SUMMARY: The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Corporation, including whether the information will have practical utility; • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; SUPPLEMENTARY INFORMATION: E:\FR\FM\14APN1.SGM 14APN1

Agencies

[Federal Register Volume 76, Number 72 (Thursday, April 14, 2011)]
[Notices]
[Pages 20960-20961]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9085]

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DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No. PTO-C-2011-0022]

Public Advisory Committees

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice and request for nominations.

-----------------------------------------------------------------------

SUMMARY: On November 29, 1999, the President signed into law the Patent
and Trademark Office Efficiency Act (the ``Act''), Public Law 106-113,
which, among other things, established two Public Advisory Committees
to review the policies, goals, performance, budget and user fees of the
United States Patent and Trademark Office (USPTO) with respect to
patents, in the case of the Patent Public Advisory Committee, and with
respect to trademarks, in the case of the Trademark Public Advisory
Committee, and to advise the Director on these matters (now codified at
35 U.S.C. 5). The USPTO is requesting nominations for three (3) members
to each Public Advisory Committee for terms of three years that begin
at the expiration of the predecessors' terms, or on October 6, 2011.

DATES: Nominations must be postmarked or electronically transmitted on
or before May 20, 2011.

ADDRESSES: Persons wishing to submit nominations should send the
nominee's resum[eacute] to Chief of Staff, Office of the Under
Secretary of Commerce for Intellectual Property and Director of the
USPTO, Post Office Box 1450, Alexandria, Virginia 22313-1450; by
electronic mail to: PPACnominations@uspto.gov for the Patent Public
Advisory Committee or TPACnominations@uspto.gov for the Trademark
Patent Public Advisory Committee; by facsimile transmission marked to
the Chief of Staff's attention at (571) 273-0464, or by mail marked to
the Chief of Staff's attention and addressed to the Office of the Under
Secretary of Commerce for Intellectual Property and Director of the
USPTO, Post Office Box 1450, Alexandria, Virginia 22313-1450.

FOR FURTHER INFORMATION CONTACT: Andrew H. Hirshfeld, Chief of Staff,
by facsimile transmission marked to his attention at (571) 273-0464, or
by mail marked to his attention and addressed to the Office of the
Under Secretary of Commerce for Intellectual Property and Director of
the USPTO, Post Office Box 1450, Alexandria, Virginia 22313-1450.

SUPPLEMENTARY INFORMATION: The Advisory Committees' duties include:
Review and advise the Under Secretary of Commerce for
Intellectual Property and Director of the USPTO on matters relating to
policies, goals, performance, budget, and user fees of the USPTO
relating to patents and trademarks, respectively; and
Within 60 days after the end of each fiscal year: (1)
Prepare an annual report on matters listed above; (2) transmit a report
to the Secretary of Commerce, the President, and the Committees on the
Judiciary of the Senate and the House of Representatives; and (3)
publish the report in the Official Gazette of the USPTO.

Advisory Committees

The Public Advisory Committees are each composed of nine (9) voting
members who are appointed by the Secretary of Commerce (the
``Secretary'') and serve at the pleasure of the Secretary for three
(3)-year terms. The Public Advisory Committee members must be United
States citizens and represent the interests of diverse users of the
USPTO, both large and small entity applicants in proportion to the
number of such applications filed. The Committees must include members
who have ``substantial backgrounds and achievement in finance,
management, labor relations, science, technology, and office
automation.'' 35 U.S.C. 5(b)(3). In the case of the Patent Public
Advisory Committee, at least twenty-five (25) percent of the members
must represent ``small business concerns, independent inventors, and
nonprofit organizations,'' and at least one member must represent the
independent inventor community (35 U.S.C. 5(b)(2)). Each of the Public
Advisory Committees also includes three (3) non-voting members
representing each labor organization recognized by the USPTO.
Administration policy discourages the appointment of Federally
registered lobbyists to agency advisory boards and commissions
(Lobbyists on Agency Boards and Commissions, https://www.whitehouse.gov/blog/2009/09/23/lobbyist-agency-boards-and-commissions (Sept. 23, 2009,
2:33PM EST)); cf. Exec. Order No. 13490, 74 FR 4673 (January 21, 2009)
(while Executive Order 13490 does not

[[Page 20961]]

specifically apply to Federally registered lobbyists appointed by
agency or department heads, it sets forth the Administration's general
policy of decreasing the influence of special interests in the Federal
Government).

Procedures and Guidelines of the Patent and Trademark Public Advisory
Committees

Each newly appointed member of the Patent and Trademark Public
Advisory Committees will serve for a term of three years beginning at
the expiration of his or her predecessor's term. As required by the
Act, members of the Patent and Trademark Public Advisory Committees
will receive compensation for each day while the member is attending
meetings or engaged in the business of that Advisory Committee. The
enabling statute states that members are to be compensated at the daily
equivalent of the annual rate of basic pay in effect for level III of
the Executive Schedule under section 5314 of Title 5, United States
Code. Committee members are compensated on an hourly basis, calculated
at the daily rate. While away from home or regular place of business,
each member will be allowed travel expenses, including per diem in lieu
of subsistence, as authorized by Section 5703 of Title 5, United States
Code. The USPTO will provide clerical and other support services for
the Committees as the Director may determine to be necessary and
proper.

Applicability of Certain Ethics Laws

Members of each Public Advisory Committee shall be Special
Government Employees within the meaning of Section 202 of Title 18,
United States Code. The following additional information includes
several, but not all, of the ethics rules that apply to members, and
assumes that members are not engaged in Public Advisory Committee
business more than sixty days during any period of 365 consecutive
days.
Each member will be required to file a confidential
financial disclosure form within thirty (30) days of appointment. 5 CFR
2634.202(c), 2634.204, 2634.903, and 2634.904(b).
Each member will be subject to many of the public
integrity laws, including criminal bars against representing a party,
18 U.S.C. 205(c), in a particular matter that came before the member's
committee and that involved at least one specific party. See also 18
U.S.C. 207 for post-membership bars. A member also must not act on a
matter in which the member (or any of certain closely related entities)
has a financial interest (18 U.S.C. 208).
Representation of foreign interests may also raise issues
(35 U.S.C. 5(a)(1) and 18 U.S.C. 219).

Meetings of the Patent and Trademark Public Advisory Committees

Meetings of each Advisory Committee will take place at the call of
the respective Committee Chair to consider an agenda set by that Chair.
Meetings may be conducted in person, electronically through the
Internet, or by other appropriate means. The meetings of each Advisory
Committee will be open to the public except each Advisory Committee
may, by majority vote, meet in confidential executive sessions when
considering personnel, privileged, or other confidential matters.
Nominees must have the ability to participate in Committee business
through the Internet.

Procedures for Submitting Nominations

Submit resum[eacute]s for nomination for the Patent Public Advisory
Committee and the Trademark Public Advisory Committee to: Chief of
Staff to the Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office, utilizing
the addresses provided above.

Dated: April 8, 2011.
David J. Kappos,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2011-9085 Filed 4-13-11; 8:45 am]
BILLING CODE 3510-16-P

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