2022 Annual Determination To Implement the Sea Turtle Observer Requirement
| Published date | 22 September 2021 |
| Citation | 86 FR 52650 |
| Record Number | 2021-20522 |
| Section | Notices |
| Court | National Oceanic And Atmospheric Administration |
52650
Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Notices
Respondents include adults (age 18+)
who reside in the United States,
recruited by survey companies that
maintain large panels of people who
sign up to complete internet surveys,
such as Qualtrics and Survey Sampling
International. Respondents will be
asked questions about the ways they
have received, interpreted, and
responded to NWS information,
forecasts, and warnings for severe,
tropical, and winter weather hazards.
Questions about preparedness for
specific hazards such as heat waves,
tornadoes, and drought may also be
included. This data collection serves
many purposes, including gaining a
better understanding of how key factors
within a given population, or
organization, vary over time, location,
and across different groups; the ability
to detect gradual trends or abrupt
changes in those factors over time or in
response to particular events; and the
potential to explore possible
correlations and causal relationships
with other observed variables of
interest. These data will be used by the
OSTI in NWS to develop a baseline and
performance metrics to improve the
information and services it provides and
to help members of the weather
enterprise answer basic questions about
the people in the communities they
serve, which is a necessary step towards
customizing and improving risk
communication, education, and
decision support to meet the
characteristics of the community,
including those in vulnerable
populations. The information collected
will help identify differences and best
practices between communities and
assist NWS in developing new
education and risk communication
strategies. The survey data and its
associated dashboard will serve as
interactive tools to allow NWS
forecasters, partners, and policymakers
to access and explore data for training
and performance evaluation purposes.
The second proposed collection is
sponsored through NOAA’s FY2021
Weather Program Office’s Social Science
Program, and addresses the Social,
Behavioral, and Economic Sciences
(SBES) component of meeting NOAA’s
Research and Development (R&D)
Vision Areas (2020–2026) to integrate
SBES into products, tools, and services
that improve weather and air quality
forecasting and societal outcomes.
This proposal aims to create an online
survey system for collecting data on the
publics’ perception and response to four
different hazards: Tornados,
thunderstorm winds over 70 miles per
hour (mph), flash floods, and winter
weather. The online surveys will be the
building blocks for a multi-year, cross-
sectional database on human perception
and response. The survey system will
enable individual National Weather
Service Weather Forecast Offices
(WFOs) to disseminate Quick Response
Surveys (QRS) soon after a hazardous
event occurs to collect perishable data
on the publics’ perceptions and
response. Select WFOs will distribute
the QRSs using web links on NWS
social media and core partners’ social
media or email lists. Surveys will ask
the public questions on timing, location,
weather information sources,
motivations and influences for taking
protective action to gain insights into
how NWS warning communications
interact with these factors to result in
protective action behaviors.
II. Method of Collection
For the first collection, the primary
method of data collection will be a web-
based survey interface. Specific
questions in the surveys determine how
members of the U.S. public receive,
comprehend, and respond to severe,
tropical, and winter weather related
information. Furthermore, these survey
items will be translated to Spanish.
The second collection will include
online surveys to be implemented and
aggregated using Qualtrics survey
software. The surveys will be displayed
on a desktop, tablet or mobile device
allowing the public to take the survey
whenever they have internet access.
Select WFOs will distribute the QRSs
using web links on NWS social media
and core partners’ social media or email
lists.
III. Data
OMB Control Number: 0648–XXXX.
Form Number(s): None.
Type of Review: Regular (New
information collection).
Affected Public: Individuals or
households.
Estimated Number of Respondents:
101,000.
Estimated Time per Response:
Response time varies depending on the
survey instrument, but the typical
response time is between 10 and 20
minutes.
Estimated Total Annual Burden
Hours: 7,667.
Estimated Total Annual Cost to
Public: None.
Respondent’s Obligation: Voluntary.
Legal Authority: 15 U.S.C. Ch. 111,
Weather Research and Forecasting
Information.
IV. Request for Comments
We are soliciting public comments to
permit the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
including whether the information will
have practical utility; (b) Evaluate the
accuracy of our estimate of the time and
cost burden for this proposed collection,
including the validity of the
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) Minimize the
reporting burden on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2021–20513 Filed 9–21–21; 8:45 am]
BILLING CODE 3510–KE–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB344]
2022 Annual Determination To
Implement the Sea Turtle Observer
Requirement
AGENCY
: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION
: Notification of Annual
Determination of fisheries.
SUMMARY
: National Marine Fisheries
Service (NMFS) is providing
notification that the agency will not
identify additional fisheries to observe
on the 2022 Annual Determination
(AD), pursuant to its authority under the
Endangered Species Act (ESA). Through
the AD, NMFS identifies U.S. fisheries
operating in the Atlantic Ocean, Gulf of
Mexico, and Pacific Ocean that will be
required to take observers upon NMFS’
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Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Notices
request. The purpose of observing
identified fisheries is to learn more
about sea turtle bycatch in a given
fishery, evaluate measures to prevent or
reduce sea turtle bycatch, and
implement the prohibition against sea
turtle takes. Fisheries identified on the
2018 and 2020 ADs (see Table 1) remain
on the AD for a 5-year period and are
required to carry observers upon NMFS’
request until December 31, 2022, and
September 29, 2025, respectively.
ADDRESSES
: Chief, Marine Mammal and
Sea Turtle Conservation Division, Office
of Protected Resources, NMFS, 1315
East-West Highway, Silver Spring, MD
20910.
FOR FURTHER INFORMATION CONTACT
:
Jaclyn Taylor, Office of Protected
Resources, 301–427–8402; Ellen Keane,
Greater Atlantic Region, 978–282–8476;
Dennis Klemm, Southeast Region, 727–
824–5312; Dan Lawson, West Coast
Region, 206–526–4740; Irene Kelly,
Pacific Islands Region, 808–725–5141.
Individuals who use a
telecommunications device for the
hearing impaired may call the Federal
Information Relay Service at 800–877–
8339 between 8 a.m. and 4 p.m. Eastern
time, Monday through Friday, excluding
Federal holidays.
SUPPLEMENTARY INFORMATION
:
Purpose of the Sea Turtle Observer
Requirement
Under the ESA, 16 U.S.C. 1531 et seq.,
NMFS has the responsibility to
implement programs to conserve marine
life listed as endangered or threatened.
All sea turtles found in U.S. waters are
listed as either endangered or
threatened under the ESA. Kemp’s
ridley (Lepidochelys kempii),
loggerhead (Caretta caretta; North
Pacific distinct population segment),
leatherback (Dermochelys coriacea),
green (Chelonia mydas; Central West
Pacific and Central South Pacific
distinct population segments), and
hawksbill (Eretmochelys imbricata) sea
turtles are listed as endangered.
Loggerhead (Northwest Atlantic Ocean
distinct population segment), green
(North Atlantic, South Atlantic, Central
North Pacific, and East Pacific distinct
population segments), and olive ridley
(Lepidochelys olivacea) sea turtles are
listed as threatened, except for breeding
colony populations of olive ridleys on
the Pacific coast of Mexico, which are
listed as endangered. Due to the
inability to distinguish between
populations of olive ridley turtles away
from the nesting beach, NMFS considers
these turtles endangered when
encountered in the marine environment.
While some sea turtle populations have
shown signs of recovery, many
populations continue to decline.
Bycatch in fishing gear is the primary
anthropogenic source of sea turtle injury
and mortality in U.S. waters. Section 9
of the ESA prohibits the take (defined to
include harassing, harming, pursuing,
hunting, shooting, wounding, killing,
trapping, capturing, or collecting or
attempting to engage in any such
conduct), including incidental take, of
endangered sea turtles. Pursuant to
section 4(d) of the ESA, NMFS has
issued regulations extending the
prohibition of take, with exceptions, to
threatened sea turtles (50 CFR 223.205
and 223.206). Section 11 of the ESA
provides for civil and criminal penalties
for anyone who violates the ESA or a
regulation issued to implement the ESA.
NMFS may grant exceptions to the take
prohibitions with an incidental take
statement or an incidental take permit
issued pursuant to ESA section 7 or 10,
respectively. To do so, NMFS must
determine that the activity that will
result in incidental take is not likely to
jeopardize the continued existence of
the affected listed species. For some
Federal fisheries and most state
fisheries, NMFS has not granted an
exception for incidental takes of sea
turtles primarily because we lack
information about fishery-sea turtle
interactions.
For most fisheries, the most effective
way for NMFS to learn more about
bycatch in order to implement the take
prohibitions and prevent or minimize
take is to place observers aboard fishing
vessels. In 2007, NMFS issued a
regulation (50 CFR 222.402) establishing
procedures to annually identify,
pursuant to specified criteria and after
notice and opportunity for comment,
those fisheries in which the agency
intends to place observers (72 FR 43176;
August 3, 2007). These regulations
specify that NMFS may place observers
on U.S. fishing vessels, commercial or
recreational, operating in U.S. territorial
waters, the U.S. exclusive economic
zone, or on the high seas, or on vessels
that are otherwise subject to the
jurisdiction of the U.S. Failure to
comply with the requirements under
this regulation may result in civil or
criminal penalties under the ESA.
NMFS will pay the direct costs for
vessels to carry the required observers.
These include observer salary and
insurance costs. NMFS may also
evaluate other potential direct costs,
should they arise. Once selected, a
fishery will be required to carry
observers, if requested, for a period of
five years without further action by
NMFS. This will enable NMFS to
develop appropriate observer coverage
and sampling protocols to investigate
whether, how, when, where, and under
what conditions sea turtle bycatch is
occurring and to evaluate whether
existing measures are minimizing or
preventing bycatch.
2022 Annual Determination
Pursuant to 50 CFR 222.402(a),
NOAA’s Assistant Administrator for
Fisheries, in consultation with Regional
Administrators and Fisheries Science
Center Directors, annually identifies
fisheries for inclusion on the AD based
on the extent to which:
(1) The fishery operates in the same
waters and at the same time as sea
turtles are present;
(2) The fishery operates at the same
time or prior to elevated sea turtle
strandings; or
(3) The fishery uses a gear or
technique that is known or likely to
result in incidental take of sea turtles
based on documented or reported takes
in the same or similar fisheries; and
(4) NMFS intends to monitor the
fishery and anticipates that it will have
the funds to do so.
NMFS is providing notification that
the agency is not identifying additional
fisheries to observe on the 2022 AD,
pursuant to its authority under the ESA.
NMFS is not identifying additional
fisheries at this time given lack of
dedicated resources to implement new
observer programs or expand existing
observer programs to focus on sea
turtles. The two fisheries identified on
the 2018 AD (see Table 1) will remain
on the AD for a 5-year period and are
required to carry observers upon NMFS’
request until December 31, 2022. The
four fisheries identified on the 2020 AD
(see Table 1) will remain on the AD for
a 5-year period and are required to carry
observers upon NMFS’ request until
September 29, 2025.
T
ABLE
1—S
TATE AND
F
EDERAL
C
OM
-
MERCIAL
F
ISHERIES
I
NCLUDED ON
THE
2018
AND
2020 A
NNUAL
D
E
-
TERMINATIONS
Fishery
Years
eligible
to carry
observers
Trawl Fisheries
Southeastern U.S. Atlantic, Gulf of
Mexico shrimp trawl ......................... 2020–2025
Gulf of Mexico mixed species fish
trawl ................................................. 2020–2025
Gillnet Fisheries
Mid-Atlantic gillnet ............................... 2018–2022
Chesapeake Bay inshore gillnet ......... 2020–2025
Long Island inshore gillnet .................. 2020–2025
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Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Notices
1
Legal representation before Federal agencies is
generally governed by the provisions of 5 U.S.C.
500. That statute, however, provides a specific
exception for representation in patent matters
before the USPTO. 5 U.S.C. 500(e). See 35 U.S.C.
2(b)(2)(D) [formerly 35 U.S.C. 31].
T
ABLE
1—S
TATE AND
F
EDERAL
C
OM
-
MERCIAL
F
ISHERIES
I
NCLUDED ON
THE
2018
AND
2020 A
NNUAL
D
E
-
TERMINATIONS
—Continued
Fishery
Years
eligible
to carry
observers
Pound Net/Weir/Seine Fisheries
Gulf of Mexico menhaden purse seine 2018–2022
Dated: September 17, 2021.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2021–20522 Filed 9–21–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO–P–2021–0005]
Administrative Updates to the General
Requirements Bulletin for Admission
to the Examination for Registration To
Practice in Patent Cases Before the
United States Patent and Trademark
Office
AGENCY
: United States Patent and
Trademark Office, Department of
Commerce.
ACTION
: Notice.
SUMMARY
: The United States Patent and
Trademark Office (USPTO or Office)
previously published a notice
requesting comments on the
implementation of certain
administrative updates to the General
Requirements Bulletin for Admission to
the Examination for Registration to
Practice in Patent Cases Before the
United States Patent and Trademark
Office (GRB). The USPTO has
considered the comments and, based on
the support for the proposals, is
implementing the updates to the GRB.
There are three categories of technical
and scientific qualifications that may
typically make applicants eligible to sit
for the registration examination:
Category A for specified bachelor’s
degrees, Category B for other bachelor’s
degrees with technical and scientific
training, and Category C for practical
engineering or scientific experience,
which may be demonstrated by passing
the Fundamentals of Engineering test.
Based on the USPTO’s evaluation and
comments received, the USPTO is
changing the criteria to: Add common
Category B degrees to Category A, accept
advanced degrees (i.e., master’s and
doctor of philosophy degrees) under
Category A, and accept a combination of
core sciences under Category B, Options
2 and 4, so long as one of the core
science courses has a lab component.
DATES
: The revised GRB incorporating
the proposed updates will be published
and applicable as of September 22,
2021.
FOR FURTHER INFORMATION CONTACT
: Will
Covey, Director of the Office of
Enrollment and Discipline, by telephone
at 571–272–4097 or by email at oed@
uspto.gov.
SUPPLEMENTARY INFORMATION
:
Summary
On March 23, 2021, the Office
published a request for comments on
three proposals to change the criteria for
sitting for the registration examination:
(1) Adding common Category B degrees
to Category A, (2) accepting advanced
degrees (i.e., master’s and doctor of
philosophy degrees) under Category A,
and (3) accepting a combination of core
sciences under Category B, Options 2
and 4, so long as one of the core science
courses has a lab component. The Office
received 32 comments in response to
this request for comments as of May 24,
2021 (the closing date for comments).
An overwhelming majority of the
comments were supportive of the
suggested changes.
This notice provides information
relating to the implementation of the
three proposals.
Background
The Director of the USPTO is given
statutory authority to require a showing
by patent practitioners that they possess
‘‘the necessary qualifications to render
applicants or other persons valuable
service, advice, and assistance in the
presentation or prosecution of their
applications or other business before the
Office.’’ 35 U.S.C. 2(b)(2)(D). The courts
have determined that the USPTO
Director bears the primary responsibility
for protecting the public from
unqualified practitioners.
Pursuant to that responsibility,
USPTO regulations provide that
registration to practice in patent matters
before the USPTO requires a
practitioner to, inter alia, demonstrate
possession of scientific and technical
qualifications.
1
The role of patent
practitioners with scientific and
technical backgrounds in providing full
and clear patent specifications and
claims has long been acknowledged.
The USPTO publishes the GRB, which
sets forth guidance for establishing
possession of scientific and technical
qualifications. The GRB is available at
www.uspto.gov/sites/default/files/
documents/OED_GRB.pdf.
The GRB lists three categories of
scientific and technical qualifications
that typically make one eligible for
admission to the registration
examination: (1) Category A for
specified bachelor’s degrees, (2)
Category B for other bachelor’s degrees
with technical and scientific training,
and (3) Category C for individuals who
rely on practical engineering or
scientific experience by demonstrating
that they have passed the Fundamentals
of Engineering test. If a candidate for
registration does not qualify under any
of the categories listed in the GRB, the
USPTO will conduct an independent
review for compliance with the
scientific and technical qualifications
pursuant to 37 CFR 11.7(a)(2)(ii).
The USPTO has evaluated, and
continues to evaluate, the list of
typically qualifying training set forth in
the GRB. These evaluations seek to
clarify guidance on what will satisfy the
scientific and technical qualifications
and to identify possible areas of
improved administrative efficiency. To
that end, the USPTO published a notice
requesting comments on three proposed
updates to the GRB: (1) Adding common
Category B degrees to Category A, (2)
accepting advanced degrees (i.e.,
master’s and doctor of philosophy
degrees) under Category A, and (3)
accepting a combination of core
sciences under Category B, Options 2
and 4, so long as one of the core science
courses has a lab component. See
‘‘Request for Comments on
Administrative Updates to the General
Requirements Bulletin for Admission to
the Examination for Registration to
Practice in Patent Cases Before the
United States Patent and Trademark
Office,’’ 86 FR 15467 (March 23, 2021).
The USPTO received 32 comments
from intellectual property organizations,
universities, industry, a law firm,
individual patent practitioners, and the
general public. The USPTO
acknowledges and appreciates the many
comments that were submitted from the
intellectual property community. The
comments are available at:
www.regulations.gov/document/PTO-P-
2021-0005-0001/comment. The USPTO
has considered the comments, including
those that raised concerns or provided
suggestions. The USPTO is
implementing the proposals as stated in
the request for comments, and as
explained below. Additional
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