Marine Mammals; File No. 26593, 59063 [2022-21134]
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Federal Register / Vol. 87, No. 188 / Thursday, September 29, 2022 / Notices
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC409]
Marine Mammals; File No. 26593
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application.
AGENCY:
Notice is hereby given that
Adam Pack, Ph.D., University of Hawaii
at Hilo, 200 West Kawili Street, Hilo, HI
96720, has applied in due form for a
permit to conduct research on
humpback whales (Megaptera
novaeangliae) and other cetaceans.
DATES: Written, telefaxed, or email
comments must be received on or before
October 31, 2022.
ADDRESSES: The application and related
documents are available for review by
selecting ‘‘Records Open for Public
Comment’’ from the ‘‘Features’’ box on
the Applications and Permits for
Protected Species (APPS) home page,
https://apps.nmfs.noaa.gov, and then
selecting File No. 26593 from the list of
available applications. These documents
are also available upon written request
via email to NMFS.Pr1Comments@
noaa.gov.
Written comments on this application
should be submitted via email to
NMFS.Pr1Comments@noaa.gov. Please
include File No. 26593 in the subject
line of the email comment.
Those individuals requesting a public
hearing should submit a written request
via email to NMFS.Pr1Comments@
noaa.gov. The request should set forth
the specific reasons why a hearing on
this application would be appropriate.
FOR FURTHER INFORMATION CONTACT:
Carrie Hubard or Courtney Smith, Ph.D.,
(301) 427–8401.
SUPPLEMENTARY INFORMATION: The
subject permit is requested under the
authority of the Marine Mammal
Protection Act of 1972, as amended
(MMPA; 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.), and the regulations governing
the taking, importing, and exporting of
endangered and threatened species (50
CFR parts 222–226).
The applicant proposes to study 29
cetacean species in Hawaiian and
Alaskan waters, with a focus on
humpback whales. The purpose of the
research is to examine the behavioral
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:52 Sep 28, 2022
Jkt 256001
ecology, biology and communication
systems of humpback whales as well as
the abundance, distribution, behavior,
and physiological stress levels of all
cetacean species in the study area.
Research would be conducted from
boats, airplanes, unmanned aircraft
systems, and underwater. Animals
would be studied using photo-ID,
videogrammetry, passive acoustic
recordings, behavioral observations,
collection of fecal and skin samples, and
biopsy sampling. In addition, up to 150
video and acoustic recording suction
cup tags would be deployed on
humpback whales, annually.
Threatened and endangered species that
would be studied if encountered are:
blue (Balaenoptera musculus), bowhead
(Balaena mysticetus), false killer
(Pseudorca crassidens) (Main Hawaiian
Islands Insular distinct population
segment (DPS)), fin (B. physalus),
humpback (Central America and Mexico
DPSs), North Pacific right (Eubalaena
japonica), sei (B. borealis), and sperm
whales (Physeter macrocephalus). The
permit would be valid for 5 years.
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), an initial
determination has been made that the
activity proposed is categorically
excluded from the requirement to
prepare an environmental assessment or
environmental impact statement.
Concurrent with the publication of
this notice in the Federal Register,
NMFS is forwarding copies of the
application to the Marine Mammal
Commission and its Committee of
Scientific Advisors.
Dated: September 26, 2022.
Julia M. Harrison,
Chief, Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. 2022–21134 Filed 9–28–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO–P–2021–0053]
Grant of Interim Extension of the Term
of U.S. Patent No. 6,406,699; ECI®
(ELIAS Cancer Immunotherapy)
United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Notice of interim patent term
extension.
AGENCY:
The United States Patent and
Trademark Office has issued an order
granting a one-year interim extension of
SUMMARY:
PO 00000
Frm 00026
Fmt 4703
Sfmt 4703
59063
the term of U.S. Patent No. 6,406,699
(’699 patent).
Raul
Tamayo, Senior Legal Advisor, Office of
Patent Legal Administration, at 571–
272–7728 or raul.tamayo@uspto.gov.
FOR FURTHER INFORMATION CONTACT:
35 U.S.C.
156 generally provides that the term of
a patent may be extended for a period
of up to five years, if the patent claims
a product, or a method of making or
using a product, that has been subject to
certain defined regulatory review. 35
U.S.C. 156(d)(5) generally provides that
the term of such a patent may be
extended for no more than five interim
periods of up to one year each, if the
approval phase of the regulatory review
period (RRP) is reasonably expected to
extend beyond the expiration date of the
patent.
On September 6, 2022, TVAX
Biomedical I, LLC, the owner of record
of the ’699 patent, timely filed an
application under 35 U.S.C. 156(d)(5)
for a fourth interim extension of the
term of the ’699 patent. The ’699 patent
claims a method of using a veterinary
biological product in the cancer
immunotherapy treatment known by the
tradename ECI® (ELIAS Cancer
Immunotherapy). The application for
interim patent term extension indicates
that a RRP as described in 35 U.S.C.
156(g)(5)(B)(ii) began for ECI® (ELIAS
Cancer Immunotherapy) and is ongoing
before the United States Department of
Agriculture, Center for Veterinary
Biologics, for permission to market and
use the product commercially.
Review of the interim patent term
extension application indicates that,
except for permission to market or use
the product commercially, the ’699
patent would be eligible for an
extension of the patent term under 35
U.S.C. 156. Because it is apparent that
the RRP will continue beyond the
thrice-extended expiration date of the
’699 patent, i.e., October 5, 2022, a
fourth interim extension of the patent
term under 35 U.S.C. 156(d)(5) is
appropriate.
A fourth interim extension under 35
U.S.C. 156(d)(5) of the term of U.S.
Patent No. 6,406,699 is granted for a
period of one year from the thriceextended expiration date of the ’699
patent.
SUPPLEMENTARY INFORMATION:
Robert Bahr,
Deputy Commissioner for Patents, United
States Patent and Trademark Office.
[FR Doc. 2022–21118 Filed 9–28–22; 8:45 am]
BILLING CODE 3510–16–P
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[Federal Register Volume 87, Number 188 (Thursday, September 29, 2022)]
[Notices]
[Page 59063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21134]
[[Page 59063]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC409]
Marine Mammals; File No. 26593
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that Adam Pack, Ph.D., University of
Hawaii at Hilo, 200 West Kawili Street, Hilo, HI 96720, has applied in
due form for a permit to conduct research on humpback whales (Megaptera
novaeangliae) and other cetaceans.
DATES: Written, telefaxed, or email comments must be received on or
before October 31, 2022.
ADDRESSES: The application and related documents are available for
review by selecting ``Records Open for Public Comment'' from the
``Features'' box on the Applications and Permits for Protected Species
(APPS) home page, https://apps.nmfs.noaa.gov, and then selecting File
No. 26593 from the list of available applications. These documents are
also available upon written request via email to
[email protected].
Written comments on this application should be submitted via email
to [email protected]. Please include File No. 26593 in the
subject line of the email comment.
Those individuals requesting a public hearing should submit a
written request via email to [email protected]. The request
should set forth the specific reasons why a hearing on this application
would be appropriate.
FOR FURTHER INFORMATION CONTACT: Carrie Hubard or Courtney Smith,
Ph.D., (301) 427-8401.
SUPPLEMENTARY INFORMATION: The subject permit is requested under the
authority of the Marine Mammal Protection Act of 1972, as amended
(MMPA; 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.), and the
regulations governing the taking, importing, and exporting of
endangered and threatened species (50 CFR parts 222-226).
The applicant proposes to study 29 cetacean species in Hawaiian and
Alaskan waters, with a focus on humpback whales. The purpose of the
research is to examine the behavioral ecology, biology and
communication systems of humpback whales as well as the abundance,
distribution, behavior, and physiological stress levels of all cetacean
species in the study area. Research would be conducted from boats,
airplanes, unmanned aircraft systems, and underwater. Animals would be
studied using photo-ID, videogrammetry, passive acoustic recordings,
behavioral observations, collection of fecal and skin samples, and
biopsy sampling. In addition, up to 150 video and acoustic recording
suction cup tags would be deployed on humpback whales, annually.
Threatened and endangered species that would be studied if encountered
are: blue (Balaenoptera musculus), bowhead (Balaena mysticetus), false
killer (Pseudorca crassidens) (Main Hawaiian Islands Insular distinct
population segment (DPS)), fin (B. physalus), humpback (Central America
and Mexico DPSs), North Pacific right (Eubalaena japonica), sei (B.
borealis), and sperm whales (Physeter macrocephalus). The permit would
be valid for 5 years.
In compliance with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), an initial determination has been made that
the activity proposed is categorically excluded from the requirement to
prepare an environmental assessment or environmental impact statement.
Concurrent with the publication of this notice in the Federal
Register, NMFS is forwarding copies of the application to the Marine
Mammal Commission and its Committee of Scientific Advisors.
Dated: September 26, 2022.
Julia M. Harrison,
Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2022-21134 Filed 9-28-22; 8:45 am]
BILLING CODE 3510-22-P
