Marine Mammals and Endangered Species, 75607-75608 [2022-26780]
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Federal Register / Vol. 87, No. 236 / Friday, December 9, 2022 / Notices
the northern and southern migratory
stocks during spring and fall migrations,
but the extent of overlap is unknown.
The Chesapeake Bay and waters
offshore of the mouth are located on the
periphery of the migratory ranges of
both coastal stocks (although during
different seasons). Additionally, each of
the migratory coastal stocks are likely to
be located in the vicinity of the Bay for
relatively short timeframes. Given the
limited number of animals from each
migratory coastal stock likely to be
found at the seasonal migratory
boundaries of their respective ranges, in
combination with the short time periods
(∼2 months) animals might remain at
these boundaries, it is reasonable to
assume that takes are likely to occur
only within some small portion of either
of the migratory coastal stocks.
Many of the dolphin observations in
the Bay are likely repeated sightings of
the same individuals. The PotomacChesapeake Dolphin Project has
observed over 1,200 unique animals
since observations began in 2015. Resightings of the same individual can be
highly variable. Some dolphins are
observed once per year, while others are
highly regular with greater than 10
sightings per year (Mann, Personal
Communication). Similarly, using
available photo-identification data,
Engelhaupt et al. (2016) determined that
specified individuals were often
observed in close proximity to their
original sighting locations and were
observed multiple times in the same
season or same year. Ninety-one percent
of re-sighted individuals (100 of 110) in
the study area were recorded less than
30 kilometers from the initial sighting
location. Multiple sightings of the same
individual would considerably reduce
the number of individual animals that
are taken by harassment. Furthermore,
the existence of a resident dolphin
population in the Bay would increase
the percentage of dolphin takes that are
actually re-sightings of the same
individuals.
The increase in Level A harassment
for harbor seal take corresponds to a
commensurate decrease in the predicted
number of Level B harassment, and the
total number of takes remains
unchanged. Therefore, in consideration
of this, the harbor seal stock abundance
information discussed in the initial IHA
and in the Estimated Take section
above, we re-affirm that small numbers
of harbor seals will be taken relative to
the population size of the stock. Even in
consideration of the increased numbers
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of take by Level A harassment, the
impacts of these exposures may result in
moderate injury to a limited number of
harbor seals.
In conclusion, there is no new
information suggesting that our analysis
or findings should change.
Based on the information contained
here and in the referenced documents,
NMFS has preliminarily determined the
following: (1) the required mitigation
measures will effect the least practicable
impact on marine mammal species or
stocks and their habitat; (2) the
proposed authorized takes will have a
negligible impact on the affected marine
mammal species or stocks; (3) the
proposed authorized takes represent
small numbers of marine mammals
relative to the affected stock
abundances; and (4) The Navy’s
activities will not have an unmitigable
adverse impact on taking for subsistence
purposes as no relevant subsistence uses
of marine mammals are implicated by
this action, and (5) appropriate
monitoring and reporting requirements
are included.
Endangered Species Act (ESA)
Section 7(a)(2 of the Endangered
Species Act of 1973 (ESA: 16 U.S.C.
1531 et seq.) requires that each Federal
agency insure that any action it
authorizes, funds, or carries out is not
likely to jeopardize the continued
existence of any endangered or
threatened species or result in the
destruction or adverse modification of
designated critical habitat. To ensure
ESA compliance for the issuance of
IHAs, NMFS consults internally
whenever we propose to authorize take
for endangered or threatened species.
No incidental take of ESA-listed
species is proposed for authorization or
expected to result from this activity.
Therefore, NMFS has determined that
formal consultation under section 7 of
the ESA is not required for this action.
Proposed Authorization
As a result of these preliminary
determinations, NMFS proposes to
modify an IHA to the Navy for
conducting construction activities
related to year one of the Pier 3
replacement project, provided the
previously mentioned mitigation,
monitoring, and reporting requirements
are incorporated. A draft of the
proposed modified IHA can be found at
https://www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act.
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75607
Request for Public Comments
We request comment on our analyses
(included in both this document and the
referenced documents supporting the
2022 IHA), the proposed modifications
to the authorization, and any other
aspect of this notice. Please include
with your comments any supporting
data or literature citations to help
inform our final decision on the request
for MMPA authorization.
Dated: December 6, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2022–26830 Filed 12–8–22; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC602]
Marine Mammals and Endangered
Species
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permits and
permit amendments.
AGENCY:
Notice is hereby given that
permits and permit amendments have
been issued to the following entities
under the Marine Mammal Protection
Act (MMPA) and the Endangered
Species Act (ESA), as applicable.
ADDRESSES: The permits and related
documents are available for review
upon written request via email to
NMFS.Pr1Comments@noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Shasta McClenahan, Ph.D., (Permit Nos.
21585–02 and 26696), Amy Hapeman
(Permit No. 26226), and Carrie Hubard
(Permit Nos. 25754 and Permit No.
26562); at (301) 427–8401.
SUPPLEMENTARY INFORMATION: Notices
were published in the Federal Register
on the dates listed below that requests
for a permit or permit amendment had
been submitted by the below-named
applicants. To locate the Federal
Register notice that announced our
receipt of the application and a
complete description of the activities, go
to www.federalregister.gov and search
on the permit number provided in Table
1 below.
SUMMARY:
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75608
Federal Register / Vol. 87, No. 236 / Friday, December 9, 2022 / Notices
TABLE 1—ISSUED PERMITS AND PERMIT AMENDMENTS
Permit No.
RTID
21585–02 ........
0648–XC011
25754 ..............
0648–XC036
26226 ..............
0648–XC363
26562 ..............
0648–XC233
26696 ..............
0648–XC418
Oregon State University, Marine Mammal Institute,
2030 Southeast Marine Science Drive, Newport,
OR 97365 (Responsible Party: Lisa Ballance,
Ph.D.).
NMFS Pacific Islands Fisheries Science Center,
1845 Wasp Boulevard, Building 176, Honolulu, HI
96818 (Responsible Party: Charles Littnan, Ph.D.).
Robert DiGiovanni, Jr., Atlantic Marine Conservation
Society, P.O. Box 932, Hampton Bays, NY 11946.
James Hain, Ph.D., Associated Scientists at Woods
Hole, Box 721, Woods Hole, MA 02543.
Dennis Clegg, Ph.D., University of California at
Santa Barbara, Neuroscience Research Institute,
Mail Code 5060, Santa Barbara, CA 93106.
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), a final
determination has been made that the
activities proposed are categorically
excluded from the requirement to
prepare an environmental assessment or
environmental impact statement.
As required by the ESA, as applicable,
issuance of these permit was based on
a finding that such permits: (1) were
applied for in good faith; (2) will not
operate to the disadvantage of such
endangered species; and (3) are
consistent with the purposes and
policies set forth in Section 2 of the
ESA.
Authority: The requested permits
have been issued under the MMPA of
1972, as amended (16 U.S.C. 1361 et
seq.), the regulations governing the
taking and importing of marine
mammals (50 CFR part 216), the ESA of
1973, as amended (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), as applicable.
Dated: December 5, 2022.
Amy C. Sloan,
Acting Chief, Permits and Conservation
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2022–26780 Filed 12–8–22; 8:45 am]
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DEPARTMENT OF COMMERCE
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Patent and Trademark Office
[Docket No. PTO–P–2022–0038]
Cancer Moonshot Expedited
Examination Pilot Program
United States Patent and
Trademark Office, Department of
Commerce.
AGENCY:
VerDate Sep<11>2014
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Previous
Federal Register
notice
Applicant
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ACTION:
87 FR 27989, May 10,
2022.
November 14, 2022.
87 FR 31210, May 23,
2022.
November 16, 2022.
87 FR 56001, September
13, 2022.
87 FR 48471, August 9,
2022.
87 FR 60126, October 4,
2022.
November 10, 2022.
Notice.
The United States Patent and
Trademark Office (USPTO or Office) is
implementing the Cancer Moonshot
Expedited Examination Pilot Program to
replace the Cancer Immunotherapy Pilot
Program, which expedited examination
for eligible patent applications
pertaining to methods of treating a
cancer using immunotherapy. The new
pilot program broadens the scope of
qualifying technologies. Applications
accepted into the new pilot program
will be advanced out of turn (accorded
special status) for examination until a
first Office action. The new pilot
program supports the renewed national
Cancer Moonshot initiative that aims to
reduce the cancer mortality rate by at
least 50% within 25 years. This notice
outlines the conditions, eligibility
requirements, and guidelines of the new
pilot program.
DATES: Pilot Duration: The Cancer
Moonshot Expedited Examination Pilot
Program will accept petitions to make
special beginning on February 1, 2023,
until either January 31, 2025, or the date
the USPTO accepts a total of 1,000
grantable petitions under the pilot
program, whichever is earlier. The
USPTO may, at its sole discretion,
terminate the pilot program depending
on factors such as workload and
resources needed to administer the
program, feedback from external
stakeholders, and the program’s
effectiveness. If the pilot program is
terminated, the USPTO will notify the
public. The USPTO will publish on its
website an ongoing count of the number
of petitions filed and the number of
petitions granted under the pilot
program.
ADDRESSES: Petitions to make special
under the Cancer Moonshot Expedited
Examination Pilot Program must use
SUMMARY:
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Issuance date
November 9, 2022.
November 22, 2022.
form PTO/SB/465 and must be filed
electronically using the USPTO’s Patent
Center (at https://patentcenter.
uspto.gov). Form PTO/SB/465 is
available at www.uspto.gov/
PatentForms.
For
general questions regarding this pilot
program, please contact Susy TsangFoster, Senior Legal Advisor, Office of
Patent Legal Administration, Office of
the Deputy Commissioner for Patent
Examination Policy, at 571–272–7711 or
susy.tsang-foster@uspto.gov. For
questions on electronic filing, please
contact the Electronic Business Center
(EBC) at 866–217–9197 (during its
operating hours of 6 a.m. to midnight
ET, Monday–Friday) or ebc@uspto.gov.
For questions related to a particular
petition, please contact Gary B. Nickol,
Supervisory Patent Examiner, at 571–
272–0835 or gary.nickol@uspto.gov; or
Brandon J. Fetterolf, Supervisory Patent
Examiner, at 571–272–2919 or
brandon.fetterolf@uspto.gov, both of
Technology Center 1600.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background
New patent applications are normally
taken up for examination in the order of
their U.S. filing date or national stage
entry date. See §§ 708 and 1893.03(b) of
the Manual of Patent Examining
Procedure (MPEP) (9th ed., rev. 10.2019,
June 2020). The USPTO has procedures
under which an application will be
advanced out of turn (accorded special
status) for examination if the applicant
files (1) a petition to make special under
37 CFR 1.102(c) or (d) with the
appropriate showing, or (2) a request for
prioritized examination under 37 CFR
1.102(e). See 37 CFR 1.102(c)–(e) and
MPEP §§ 708.02, 708.02(a), and
708.02(b).
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Agencies
[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Notices]
[Pages 75607-75608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26780]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC602]
Marine Mammals and Endangered Species
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of permits and permit amendments.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that permits and permit amendments have
been issued to the following entities under the Marine Mammal
Protection Act (MMPA) and the Endangered Species Act (ESA), as
applicable.
ADDRESSES: The permits and related documents are available for review
upon written request via email to [email protected].
FOR FURTHER INFORMATION CONTACT: Shasta McClenahan, Ph.D., (Permit Nos.
21585-02 and 26696), Amy Hapeman (Permit No. 26226), and Carrie Hubard
(Permit Nos. 25754 and Permit No. 26562); at (301) 427-8401.
SUPPLEMENTARY INFORMATION: Notices were published in the Federal
Register on the dates listed below that requests for a permit or permit
amendment had been submitted by the below-named applicants. To locate
the Federal Register notice that announced our receipt of the
application and a complete description of the activities, go to
www.federalregister.gov and search on the permit number provided in
Table 1 below.
[[Page 75608]]
Table 1--Issued Permits and Permit Amendments
----------------------------------------------------------------------------------------------------------------
Previous Federal
Permit No. RTID Applicant Register notice Issuance date
----------------------------------------------------------------------------------------------------------------
21585-02................ 0648-XC011 Oregon State University, 87 FR 27989, May 10, November 14, 2022.
Marine Mammal Institute, 2022.
2030 Southeast Marine
Science Drive, Newport,
OR 97365 (Responsible
Party: Lisa Ballance,
Ph.D.).
25754................... 0648-XC036 NMFS Pacific Islands 87 FR 31210, May 23, November 16, 2022.
Fisheries Science Center, 2022.
1845 Wasp Boulevard,
Building 176, Honolulu,
HI 96818 (Responsible
Party: Charles Littnan,
Ph.D.).
26226................... 0648-XC363 Robert DiGiovanni, Jr., 87 FR 56001, November 10, 2022.
Atlantic Marine September 13, 2022.
Conservation Society,
P.O. Box 932, Hampton
Bays, NY 11946.
26562................... 0648-XC233 James Hain, Ph.D., 87 FR 48471, August November 9, 2022.
Associated Scientists at 9, 2022.
Woods Hole, Box 721,
Woods Hole, MA 02543.
26696................... 0648-XC418 Dennis Clegg, Ph.D., 87 FR 60126, October November 22, 2022.
University of California 4, 2022.
at Santa Barbara,
Neuroscience Research
Institute, Mail Code
5060, Santa Barbara, CA
93106.
----------------------------------------------------------------------------------------------------------------
In compliance with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), a final determination has been made that the
activities proposed are categorically excluded from the requirement to
prepare an environmental assessment or environmental impact statement.
As required by the ESA, as applicable, issuance of these permit was
based on a finding that such permits: (1) were applied for in good
faith; (2) will not operate to the disadvantage of such endangered
species; and (3) are consistent with the purposes and policies set
forth in Section 2 of the ESA.
Authority: The requested permits have been issued under the MMPA of
1972, as amended (16 U.S.C. 1361 et seq.), the regulations governing
the taking and importing of marine mammals (50 CFR part 216), the ESA
of 1973, as amended (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), as applicable.
Dated: December 5, 2022.
Amy C. Sloan,
Acting Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2022-26780 Filed 12-8-22; 8:45 am]
BILLING CODE 3510-22-P