Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Gulf of Mexico Reef Fish Fishery; South Atlantic Snapper-Grouper Fishery, 78245-78246 [2011-32273]
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Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Notices
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would be valid for 20 years and may be
extended for additional terms if we
determine that a dam has been, and
remains, in compliance with the GCP’s
requirements.
Environmental Assessment
NEPA (42 U.S.C. 4321 et seq.) requires
that Federal agencies conduct an
environmental analysis of their
proposed actions to determine if the
actions may significantly affect the
human environment. Under NEPA, a
reasonable range of alternatives to
proposed projects is developed and
considered in the environmental review.
Alternatives considered for analysis in
an environmental document may
include: variations in the scope of
covered activities; Variations in the
location, amount, and type of
conservation; variations in permit
duration; or, a combination of these
elements.
The EAs will consider the proposed
action (issuance of ITPs through the
GCP process), a no-action alternative (a
scenario where there would be no
issuance ITPs and dam owners would
remain in violation of the ESA), and a
reasonable range of alternatives that fit
within the purpose and need as
described by NMFS. The purpose of the
proposed action is to provide a process
for authorizing take of Atlantic salmon
incidental to the removal of dams and
the installation and maintenance of fish
passage improvements for dams not
regulated by FERC. The need for the
proposed action is to provide a
mechanism by which participating dam
owners can comply with section 9 of the
ESA, which prohibits the take of ESA
listed fish, wildlife, or plant species. A
detailed description of the proposed
action and alternatives will be included
in each of the EAs.
The alternatives for analysis in the
EAs may include, but are not limited to,
development of individual HCPs for
dam owners to receive take
authorization for Atlantic salmon and
development of regional HCPs
developed by the State of Maine or local
agencies (e.g., counties) to provide
opportunities for dam owners to receive
take authorization. The EAs will also
identify potentially significant impacts
on biological resources, land use, air
quality, cultural resources, water
resources, socioeconomics, and other
resources in the human environment
that may occur directly, indirectly, and/
or cumulatively as a result of
implementing the proposed action or
any of the alternatives. Various
strategies for avoiding, minimizing, and
mitigating the impacts of incidental take
will be considered.
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We are furnishing this notice in
accordance with 40 CFR 1501.7 and
1508.22 to obtain suggestions and
information from other agencies and the
public on the scope of issues and
alternatives they believe need to be
addressed in the EAs. The primary
purpose of the scoping process is to
identify important issues raised by the
public related to the proposed action.
Written comments from interested
parties are requested to ensure that the
full range of issues related to the
proposed action is identified. Comments
will only be accepted in written form.
Request for Public Comments
We seek comments concerning: (1)
Atlantic salmon proposed for inclusion
in the proposed GCPs, including
information regarding its range,
distribution, population size and
population trends within the GOM DPS;
(2) relevant data concerning the impacts
of the proposed actions on Atlantic
salmon; (3) any other environmental
issues that should be considered with
regard to the proposed permit action;
and (4) the information and range of
alternatives to be included in the EAs.
Authority
We provide this notice under section
10(c) of the Act (16 U.S.C. 1531 et seq.)
and NEPA regulations (40 CFR 1506.6).
Dated: December 13, 2011.
Marta Nammack,
Acting Chief, Endangered Species Division,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. 2011–32287 Filed 12–15–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XA727
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Gulf of
Mexico Reef Fish Fishery; South
Atlantic Snapper-Grouper Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of agency action.
AGENCY:
NMFS, under the authority
granted to the Secretary of Commerce
(Secretary) under section 304(f) of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), has designated
the South Atlantic Fishery Management
Council (South Atlantic Council) as the
SUMMARY:
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78245
responsible council to manage Nassau
grouper in the Gulf of Mexico (Gulf)
under the Fishery Management Plan
(FMP) for the Snapper-Grouper Fishery
of the South Atlantic Region (SnapperGrouper FMP). Prior to this designation,
the Gulf of Mexico Fishery Management
Council (Gulf Council) was the
responsible council to manage Nassau
grouper from the fishery management
unit in the FMP for Reef Fish Resources
of the Gulf of Mexico (Reef Fish FMP).
This action is effective on
December 16, 2011.
DATES:
FOR FURTHER INFORMATION CONTACT:
Steve Branstetter, (727) 824–5305;
email: Steve.Branstetter@noaa.gov.
The Gulf
Council has submitted a Generic Annual
Catch Limits/Accountability Measures
Amendment for the Gulf Council’s Red
Drum, Reef Fish, Shrimp, and Coral and
Coral Reefs FMPs (Generic ACL
Amendment) for purposes of review by
the Secretary under the MagnusonStevens Act. A Notice of Availability for
the Generic ACL Amendment was
published in the Federal Register on
September 26, 2011 (76 FR 59373). A
proposed Rule to implement the actions
in the Generic ACL Amendment was
published in the Federal Register on
October 25, 2011 (76 FR 66021). As part
of this amendment, the Gulf Council has
selected to remove Nassau grouper from
the Reef Fish FMP. This proposed
action is based on an October 20, 2010,
letter from the South Atlantic Council
informing the Gulf Council of its
willingness to accept responsibility for
managing Nassau grouper throughout
South Atlantic and Gulf Federal waters.
Prior to this designation, the South
Atlantic Council solely managed Nassau
grouper in its area of jurisdiction, in the
South Atlantic, through the SnapperGrouper FMP.
In accordance with section 304(f) of
the Magnuson-Stevens Act, on
September 16, 2011, the Gulf Council
formally requested, through a letter, that
the Secretary designate the South
Atlantic Council as the responsible
Council for the continued management
of Nassau grouper in the Federal waters
of the South Atlantic region and to
manage the species in the Federal
waters of the Gulf. NMFS agrees with
designating management of Nassau
grouper in the South Atlantic and Gulf
Federal waters to the South Atlantic
Council. Therefore, on October 18, 2011,
NMFS published a notice in the Federal
Register (76 FR 64327) requesting
public comment on the proposed action
through November 17, 2011, on the Gulf
Council’s proposal.
SUPPLEMENTARY INFORMATION:
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78246
Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Notices
Prior to this designation, the harvest
of Nassau grouper was prohibited in
Federal waters by regulations
implemented through the Reef Fish
FMP in the Gulf and the SnapperGrouper FMP in the South Atlantic. The
harvest of Nassau grouper in Florida
state waters is prohibited by the
applicable Florida regulations. With the
approval and implementation of the
Gulf Council’s Generic ACL
Amendment, which proposes to remove
Nassau grouper from the Reef Fish FMP,
all harvesting restrictions for Nassau
grouper in Federal waters of the Gulf
would be removed. With this notice, the
South Atlantic Council is designated as
the responsible council for the
management of Nassau grouper in the
Gulf. The South Atlantic Council is
expected to extend the prohibition on
harvest of Nassau grouper in the Gulf.
Any action to remove the current
prohibitions in the Gulf will have a
delayed effective date, so that it will be
implemented simultaneously with a
subsequent South Atlantic Council
action to extend the harvest prohibition.
No comments were received regarding
the proposed action and therefore
NMFS is proceeding with the change in
designation of the responsible council
for Nassau grouper in the Gulf.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 13, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2011–32273 Filed 12–13–11; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
United States Patent and Trademark
Office
[Docket No. PTO–P–2011–0076]
Extension of the Extended Missing
Parts Pilot Program
United States Patent and
Trademark Office, Commerce.
ACTION: Notice.
AGENCY:
The United States Patent and
Trademark Office (USPTO)
implemented a pilot program (Extended
Missing Parts Pilot Program) in which
an applicant, under certain conditions,
can request a twelve-month time period
to pay the search fee, the examination
fee, any excess claim fees, and the
surcharge (for the late submission of the
search fee and the examination fee) in
a nonprovisional application. The
Extended Missing Parts Pilot Program
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SUMMARY:
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16:42 Dec 15, 2011
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benefits applicants by permitting
additional time to determine if patent
protection should be sought—at a
relatively low cost—and by permitting
applicants to focus efforts on
commercialization during this period.
The Extended Missing Parts Pilot
Program benefits the USPTO and the
public by adding publications to the
body of prior art, and by removing from
the USPTO’s workload those
nonprovisional applications for which
applicants later decide not to pursue
examination. The USPTO is extending
the Extended Missing Parts Pilot
Program until December 31, 2012, to
better gauge whether the Extended
Missing Parts Program offers sufficient
benefits to the patent community for it
to be made permanent.
DATES: Effective Date: December 16,
2011.
Duration: The Extended Missing Parts
Pilot Program will run through
December 31, 2012. Therefore, any
certification and request to participate
in the Extended Missing Parts Pilot
Program must be filed before December
31, 2012. The USPTO may further
extend the pilot program (with or
without modifications) depending on
the feedback received and the continued
effectiveness of the pilot program.
FOR FURTHER INFORMATION CONTACT:
Eugenia A. Jones, Senior Legal Advisor,
Office of Patent Legal Administration,
Office of the Associate Commissioner
for Patent Examination Policy, by
telephone at (571) 272–7727, or by mail
addressed to: Mail Stop Comments—
Patents, Commissioner for Patents, P.O.
Box 1450, Alexandria, VA 22313–1450,
marked to the attention of Eugenia A.
Jones.
Inquiries regarding this notice may be
directed to the Office of Patent Legal
Administration, by telephone at (571)
272–7701, or by electronic mail at
PatentPractice@uspto.gov.
SUPPLEMENTARY INFORMATION: The
USPTO implemented a change to
missing parts practice in certain
nonprovisional applications as a pilot
program (i.e., Extended Missing Parts
Pilot Program) after considering written
comments from the public. See Pilot
Program for Extended Time Period To
Reply to a Notice to File Missing Parts
of Nonprovisional Application, 75 FR
76401 (Dec. 8, 2010), 1362 Off. Gaz. Pat.
Office 44 (Jan. 4, 2011).
The USPTO is extending the
Extended Missing Parts Pilot Program
until December 31, 2012. The USPTO
may further extend the Extended
Missing Parts Pilot Program, or may
discontinue the pilot program after
December 31, 2012, depending on the
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results of the program. The
requirements of the program are
reiterated below. Applicants are
strongly cautioned to review the pilot
program requirements before making a
request to participate in the Extended
Missing Parts Pilot Program.
The USPTO cautions all applicants
that, in order to claim the benefit of a
prior provisional application, the statute
requires a nonprovisional application
filed under 35 U.S.C. 111(a) to be filed
within twelve months after the date on
which the corresponding provisional
application was filed. See 35 U.S.C.
119(e). It is essential that applicants
understand that the Extended Missing
Parts Pilot Program cannot and does not
change this statutory requirement.
I. Requirements: In order for an
applicant to be provided a twelvemonth (non-extendable) time period to
pay the search and examination fees and
any required excess claims fees in
response to a Notice to File Missing
Parts of Nonprovisional Application
under the Extended Missing Parts Pilot
Program, the applicant must satisfy the
following conditions: (1) Applicant
must submit a certification and request
to participate in the Extended Missing
Parts Pilot Program with the
nonprovisional application on filing,
preferably by using Form PTO/SB/421
titled ‘‘Certification and Request for
Extended Missing Parts Pilot Program;’’
(2) the application must be an original
nonprovisional utility or plant
application filed under 35 U.S.C. 111(a)
within the duration of the pilot
program; (3) the nonprovisional
application must directly claim the
benefit under 35 U.S.C. 119(e) and 37
CFR 1.78 of a prior provisional
application filed within the previous
twelve months; the specific reference to
the provisional application must be in
the first sentence of the specification
following the title or in an application
data sheet under 37 CFR 1.76 (see 37
CFR 1.78(a)(5)); and (4) applicant must
not have filed a nonpublication request.
As required for all nonprovisional
applications, applicant will need to
satisfy filing date requirements and
publication requirements. In accordance
with 35 U.S.C. 122(b), the USPTO will
publish the application promptly after
the expiration of eighteen months from
the earliest filing date to which benefit
is sought. Therefore, the nonprovisional
application should also be in condition
for publication as provided in 37 CFR
1.211(c). The following are required in
order for the nonprovisional application
to be in condition for publication: (1)
The basic filing fee; (2) an executed oath
or declaration in compliance with 37
CFR 1.63; (3) a specification in
E:\FR\FM\16DEN1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 242 (Friday, December 16, 2011)]
[Notices]
[Pages 78245-78246]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32273]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA727
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Gulf of Mexico Reef Fish Fishery; South Atlantic Snapper-Grouper
Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of agency action.
-----------------------------------------------------------------------
SUMMARY: NMFS, under the authority granted to the Secretary of Commerce
(Secretary) under section 304(f) of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), has designated
the South Atlantic Fishery Management Council (South Atlantic Council)
as the responsible council to manage Nassau grouper in the Gulf of
Mexico (Gulf) under the Fishery Management Plan (FMP) for the Snapper-
Grouper Fishery of the South Atlantic Region (Snapper-Grouper FMP).
Prior to this designation, the Gulf of Mexico Fishery Management
Council (Gulf Council) was the responsible council to manage Nassau
grouper from the fishery management unit in the FMP for Reef Fish
Resources of the Gulf of Mexico (Reef Fish FMP).
DATES: This action is effective on December 16, 2011.
FOR FURTHER INFORMATION CONTACT: Steve Branstetter, (727) 824-5305;
email: Steve.Branstetter@noaa.gov.
SUPPLEMENTARY INFORMATION: The Gulf Council has submitted a Generic
Annual Catch Limits/Accountability Measures Amendment for the Gulf
Council's Red Drum, Reef Fish, Shrimp, and Coral and Coral Reefs FMPs
(Generic ACL Amendment) for purposes of review by the Secretary under
the Magnuson-Stevens Act. A Notice of Availability for the Generic ACL
Amendment was published in the Federal Register on September 26, 2011
(76 FR 59373). A proposed Rule to implement the actions in the Generic
ACL Amendment was published in the Federal Register on October 25, 2011
(76 FR 66021). As part of this amendment, the Gulf Council has selected
to remove Nassau grouper from the Reef Fish FMP. This proposed action
is based on an October 20, 2010, letter from the South Atlantic Council
informing the Gulf Council of its willingness to accept responsibility
for managing Nassau grouper throughout South Atlantic and Gulf Federal
waters. Prior to this designation, the South Atlantic Council solely
managed Nassau grouper in its area of jurisdiction, in the South
Atlantic, through the Snapper-Grouper FMP.
In accordance with section 304(f) of the Magnuson-Stevens Act, on
September 16, 2011, the Gulf Council formally requested, through a
letter, that the Secretary designate the South Atlantic Council as the
responsible Council for the continued management of Nassau grouper in
the Federal waters of the South Atlantic region and to manage the
species in the Federal waters of the Gulf. NMFS agrees with designating
management of Nassau grouper in the South Atlantic and Gulf Federal
waters to the South Atlantic Council. Therefore, on October 18, 2011,
NMFS published a notice in the Federal Register (76 FR 64327)
requesting public comment on the proposed action through November 17,
2011, on the Gulf Council's proposal.
[[Page 78246]]
Prior to this designation, the harvest of Nassau grouper was
prohibited in Federal waters by regulations implemented through the
Reef Fish FMP in the Gulf and the Snapper-Grouper FMP in the South
Atlantic. The harvest of Nassau grouper in Florida state waters is
prohibited by the applicable Florida regulations. With the approval and
implementation of the Gulf Council's Generic ACL Amendment, which
proposes to remove Nassau grouper from the Reef Fish FMP, all
harvesting restrictions for Nassau grouper in Federal waters of the
Gulf would be removed. With this notice, the South Atlantic Council is
designated as the responsible council for the management of Nassau
grouper in the Gulf. The South Atlantic Council is expected to extend
the prohibition on harvest of Nassau grouper in the Gulf. Any action to
remove the current prohibitions in the Gulf will have a delayed
effective date, so that it will be implemented simultaneously with a
subsequent South Atlantic Council action to extend the harvest
prohibition.
No comments were received regarding the proposed action and
therefore NMFS is proceeding with the change in designation of the
responsible council for Nassau grouper in the Gulf.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 13, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2011-32273 Filed 12-13-11; 4:15 pm]
BILLING CODE 3510-22-P
