11206 Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices 

including all attachments, must not 

exceed a 10-megabyte file size. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http://

www.nmfs.noaa.gov/pr/permits/

incidental.htm without change. All 

Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

FOR FURTHER INFORMATION CONTACT: 

Candace Nachman, Office of Protected 

Resources, NMFS, (301) 713–2289, ext. 

156. 

SUPPLEMENTARY INFORMATION: 

Availability 

A copy of Port Dolphin’s application 

may be obtained by writing to the 

address specified above (ADDRESSES), 

calling the contact listed above (FOR

FURTHER INFORMATION CONTACT), or 

visiting the Internet at: http:// 

www.nmfs.noaa.gov/pr/permits/ 

incidental.htm. The U.S. Coast Guard’s 

and U.S. Maritime Administration’s 

Final Environmental Impact Statement 

was made available to the public on July 

9, 2009. 

Background 

Sections 101(a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce to allow, 

upon request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and either regulations are 

issued or, if the taking is limited to 

harassment, a notice of a proposed 

authorization is provided to the public 

for review. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s), will not have an 

unmitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses (where relevant), and if 

the permissible methods of taking and 

requirements pertaining to the 

mitigation, monitoring and reporting of 

such takings are set forth. NMFS has 

defined ‘‘negligible impact’’ in 50 CFR 

216.103 as ‘‘. . . an impact resulting 

from the specified activity that cannot 

be reasonably expected to, and is not 

reasonably likely to, adversely affect the 

species or stock through effects on 

annual rates of recruitment or survival.’’ 

Except with respect to certain 

activities not pertinent here, the MMPA 

defines ‘‘harassment’’ as: 

any act of pursuit, torment, or annoyance 

which (i) has the potential to injure a marine 

mammal or marine mammal stock in the wild 

[Level A harassment]; or (ii) has the potential 

to disturb a marine mammal or marine 

mammal stock in the wild by causing 

disruption of behavioral patterns, including, 

but not limited to, migration, breathing, 

nursing, breeding, feeding, or sheltering 

[Level B harassment]. 

Summary of Request 

On February 1, 2011, NMFS received 

a complete application from Port 

Dolphin requesting authorization for the 

take of two marine mammal species 

incidental to construction and operation 

of a liquefied natural gas (LNG) 

deepwater port off the Gulf coast of 

Florida over the course of 5 years, 

which would necessitate the 

promulgation of 5-year regulations. Port 

Dolphin plans to build the LNG Port off 

the western coast of Florida, 

approximately 42 mi (68 km) from Port 

Manatee, Florida. Once built, Port 

Dolphin anticipates up to 46 shuttle 

regasification vessel (SRV) unloadings 

per year during the first several years of 

operation. Noise produced during Port 

installation and construction activities 

and Port operations have the potential 

to take marine mammals. Port Dolphin 

requests authorization to take two 

cetacean species by Level B harassment 

only: Atlantic spotted dolphin and 

bottlenose dolphin. Injury or mortality 

is unlikely during the proposed 

activities, and take by Level A 

harassment (including injury) or 

mortality is not requested in Port 

Dolphin’s application. 

Specified Activities 

In the application submitted to 

NMFS, Port Dolphin requests 

authorization to take marine mammals 

incidental to construction and operation 

of the LNG Port off the Gulf coast of 

Florida. Construction activities, which 

would take approximately 11 months to 

complete, include: buoy installation; 

offshore hammering; horizontal 

directional drilling (HDD); HDD 

vibratory; pipeline laying offshore; 

pipeline laying inshore; offshore 

plowing; and inshore plowing. 

Operational activities include: SRV 

maneuvering and docking and 

regasification. Sections 1 and 2 of Port 

Dolphin’s application describe the full 

suite of activities, as well as the location 

and duration of activity. 

Information Solicited 

Interested persons may submit 

information, suggestions, and comments 

concerning Port Dolphin’s request (see 

ADDRESSES). All information, 

suggestions, and comments related to 

Port Dolphin’s request and NMFS’ 

potential development and 

implementation of regulations 

governing the incidental taking of 

marine mammals by Port Dolphin’s 

activities will be considered by NMFS 

in developing, if appropriate, the most 

effective regulations governing the 

issuance of letters of authorization. 

Dated: February 23, 2011. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2011–4539 Filed 2–28–11; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

Proposed Collection; Patent Examiner 

Employment Application 

ACTION: Proposed collection; comment 

request. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO), as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 

agencies to take this opportunity to 

comment on the revision of a currently 

approved collection, as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 (44 U.S.C. 

3506(c)(2)(A)). 

DATES: Written comments must be 

submitted on or before May 2, 2011. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• E-mail: 

InformationCollection@uspto.gov. 

Include ‘‘0651–0042 comment’’ in the 

subject line of the message. 

• Mail: Susan K. Fawcett, Records 

Officer, Office of the Chief Information 

Officer, United States Patent and 

Trademark Office, P.O. Box 1450, 

Alexandria, VA 22313–1450. 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information 

should be directed to the attention of 

LaRita Jones, Chief of the Workforce 

Employment Division, Office of Human 

Resources, United States Patent and 

Trademark Office (USPTO), P.O. Box 

1450, Alexandria, VA 22313–1450; by 

telephone at 571–272–6196; or by e-mail 

to larita.jones@uspto.gov. 

SUPPLEMENTARY INFORMATION: 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices 11207 

I. Abstract 

The USA Staffing system provided by 

the Office of Personnel Management 

(OPM) is an automated online system 

that allows the USPTO to rapidly review 

applications for employment of entrylevel patent examiners. The Office of 

Human Resources (OHR), armed with a 

recommendation from a Supervisory 

Patent Examiner (SPE), can use the 

system to rapidly make an offer of 

employment and take the necessary 

administrative action to support the 

hiring process. In FY 2010 and FY 2011, 

USA Staffing enabled the Patent Corps 

to hire more than 1,000 entry-level 

patent examiners. 

Since the inception of USA Staffing in 

January 2007, the hiring process has 

become more effective and compliant 

with the examining requirements 

established by OPM. In the current 

employment environment, information 

technology professionals and 

engineering graduates are in great 

demand. The USPTO is in direct 

competition with private industry for 

the same caliber of candidates with the 

requisite knowledge and skills to 

perform patent examination work. 

Consequently, it is imperative that every 

available technology be employed if the 

USPTO is to remain competitive, meet 

hiring goals, and fulfill the agency’s 

Congressional commitment to reduce 

the pendency rate for the examination of 

patent applications. The information 

supplied by an applicant seeking a 

patent examiner position with the 

USPTO assists the Human Resources 

Specialists and hiring managers in 

determining whether an applicant 

possesses the basic qualification 

requirements for the patent examiner 

position. 

USA Staffing provides the USPTO 

with a user-friendly online employment 

application process for applicants and 

enables the USPTO to process hiring 

actions in an efficient and timely 

manner. The online application creates 

an electronic real-time candidate 

inventory that allows the USPTO to 

review applications from potential 

applicants almost instantaneously. 

Given the immediate hiring need of the 

Patent Examining Corps, time consumed 

in the mail distribution system or paper 

review of applications delays the 

decision-making process by several 

weeks. The USA Staffing system results 

in increased speed and accuracy in the 

employment process, in addition to 

streamlining labor and reducing costs. 

The use of the USA Staffing online 

application fully complies with 5 U.S.C. 

2301, which requires adequate public 

notice to assure open competition by 

guaranteeing that necessary 

employment information will be 

accessible and available to the public on 

inquiry. It is also fully compliant with 

Section 508 (29 U.S.C. 794(d)), which 

requires agencies to provide disabled 

employees and members of the public 

access to information that is comparable 

to the access available to others. 

II. Method of Collection 

With the use of USA Staffing, the 

application information is collected 

electronically from the applicant. 

Applicants contact the OPM USA Jobs 

Web site where they will find the online 

job announcement that links them to the 

application. The application is 

completed online and then transmitted 

to the USPTO via the Internet. For those 

applicants who do not have access to a 

personal computer, applications may be 

faxed to the OPM computer facility for 

processing. 

III. Data 

OMB Number: 0651–0042. 

Form Number(s): N/A. 

Type of Review: Revision of a 

currently approved collection. 

Affected Public: Individuals or 

households. 

Estimated Number of Respondents: 

10,000 responses per year. 

Estimated Time per Response: The 

USPTO estimates that it will take the 

public approximately 30 minutes (0.5 

hours) to complete the employment 

application, depending upon the 

situation. 

Estimated Total Annual Respondent 

Burden Hours: 5,000 hours per year. 

Estimated Total Annual Respondent 

Cost Burden: $230,350. Using the 

median hourly rate for scientists and 

engineers of $46.07 as listed by the 

Bureau of Labor Statistics, the USPTO 

estimates $230,350 per year in cost 

burden associated with respondents. 

This is a fully loaded hourly rate. 

Item 

Estimated time 

for response 

(minutes) 

Estimated 

annual 

responses 

Estimated 

annual 

burden hours 

Patent Examiner Employee Application ...................................................................................... 30 10,000 5,000 

Total ...................................................................................................................................... 10,000 5,000 

Estimated Total Annual (Non-hour) 

Respondent Cost Burden: $9,700. There 

are no maintenance or record keeping 

costs, as well as no filing fees associated 

with this information collection. 

However there are annual (non-hour) 

costs in the form of postage costs. 

Not every applicant can supply all of 

the required information electronically. 

The applicant does have the option to 

submit a ‘‘Paper Qualifications 

Questionnaire’’ and any supporting 

documents, such as resumes) to the 

USPTO either by fax, mail or in person. 

The transcripts and other supporting 

materials are submitted to the USPTO 

the same way. These additional 

documents may be submitted to the 

USPTO by first-class mail through the 

United States Postal Service. The 

USPTO estimates that the average firstclass postage is 97 cents. Therefore the 

USPTO estimates that it will receive 

10,000 responses per year, for a total of 

$9,700 (10,000 × $0.97) in postage costs. 

IV. Request for Comments 

Comments are invited on: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden 

(including hours and cost) of the 

proposed collection of information; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on respondents, including through the 

use of automated collection techniques 

or other forms of information 

technology. 

Comments submitted in response to 

this notice will be summarized or 

included in the request for OMB 

approval of this information collection; 

they will also become a matter of public 

record. 


jlentini on DSKJ8SOYB1PROD with NOTICES
11208 Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices 

Dated: February 24, 2011. 

Susan K. Fawcett, 

Records Officer, USPTO, Office of the Chief 

Information Officer. 

[FR Doc. 2011–4458 Filed 2–28–11; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF COMMERCE 

United States Patent and Trademark 

Office 

Proposed Collection; Substantive 

Submissions Made During Prosecution 

of the Trademark Application 

ACTION: Proposed collection; comment 

request. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO), as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 

agencies to take this opportunity to 

comment on the revision of a continuing 

information collection, as required by 

the Paperwork Reduction Act of 1995, 

Public Law 104–13 (44 U.S.C. 

3506(c)(2)(A)). 

DATES: Written comments must be 

submitted on or before May 2, 2011. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• E-mail: 

InformationCollection@uspto.gov. 

Include ‘‘0651–0054 comment’’ in the 

subject line of the message. 

• Mail: Susan K. Fawcett, Records 

Officer, Office of the Chief Information 

Officer, United States Patent and 

Trademark Office, P.O. Box 1450, 

Alexandria, VA 22313–1450. 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information 

should be directed to the attention of 

Catherine Cain, Attorney Advisor, 

Office of the Commissioner for 

Trademarks, United States Patent and 

Trademark Office, P.O. Box 1451, 

Alexandria, VA 22313–1451, by 

telephone at 571–272–8946, or by e-mail 

to Catherine.Cain@uspto.gov. 

SUPPLEMENTARY INFORMATION

I. Abstract 

The United States Patent and 

Trademark Office (USPTO) administers 

the Trademark Act, 15 U.S.C. 1051 et 

seq., which provides for the Federal 

registration of trademarks, service 

marks, collective trademarks and service 

marks, collective membership marks, 

and certification marks. Individuals and 

businesses that use or intend to use 

such marks in commerce may file an 

application to register their marks with 

the USPTO. 

Such individuals and businesses may 

also submit various communications to 

the USPTO, including requests to 

amend their registrations to delete goods 

or services that are no longer being used 

by the registrant. Registered marks 

remain on the register for ten years and 

can be renewed, but will be cancelled 

unless the owner files with the USPTO 

a declaration attesting to the continued 

use (or excusable non-use) of the mark 

in commerce within specific deadlines. 

Applicants may also surrender a 

registration and, in limited situations, 

petition the Director to reinstate a 

registration that has been cancelled. 

The rules implementing the Act are 

set forth in 37 CFR part 2. These rules 

mandate that each register entry include 

the mark, the goods and/or services in 

connection with which the mark is 

used, ownership information, dates of 

use, and certain other information. The 

USPTO also provides similar 

information concerning pending 

applications. The register and pending 

application information may be 

accessed by an individual or by 

businesses to determine the availability 

of a mark. By accessing the USPTO’s 

information, parties may reduce the 

possibility of initiating use of a mark 

previously adopted by another. The 

Federal trademark registration process 

may thereby lessen the filing of papers 

in court and between parties. 

The USPTO is proposing to include 

six new items in the inventory at this 

time to take into account a new method 

of electronic submission of information 

for which a dedicated TEAS form is not 

yet available (i.e., ‘‘Global Forms’’). The 

new items are: Response to Intent-toUse (ITU) Divisional Unit Office Action, 

Response to Petition to Revive 

Deficiency Letter, Petition to the 

Director Under Trademark Rule 2.146, 

Due Diligence Petition Under 

Trademark Rule 2.66, Petition to Revive 

With Request to Delete Section 1(b) 

Basis or to Delete ITU Goods/Services 

After NOA, and Request to Divide 

Application. Corresponding paper 

submissions for these six new items are 

also included in this collection. 

II. Method of Collection 

Electronically if applicants submit the 

information using the forms available 

through the Trademark Electronic 

Application System (TEAS). By mail or 

hand delivery if applicants choose to 

submit the information in paper form. 

III. Data 

OMB Number: 0651–0054. 

Form Number(s): PTO Forms 1553, 

1581, 2194, 2195, 2200, and 2202. 

Type of Review: Revision of a 

currently approved collection. 

Affected Public: Primarily business or 

other for-profit organizations. 

Estimated Number of Respondents: 

289,519 per year. 

Estimated Time per Response: The 

USPTO estimates that it will take 

approximately 5 minutes (0.08 hours) to 

20 minutes (0.33 hours) to complete this 

information. This includes the time to 

gather the necessary information, create 

the documents, and submit the 

completed request to the USPTO. 

Estimated Total Annual Respondent 

Burden Hours: 48,469. 

Estimated Total Annual Respondent 

Cost Burden: $15,752,425. The USPTO 

believes that attorneys will complete 

this information. The estimated hourly 

rate for attorneys in private firms is 

$325. Using this hourly rate, the USPTO 

estimates that the total respondent cost 

burden for this collection is $15,752,425 

per year. This is a fully loaded hourly 

rate. 

Item 

Estimated time 

for response 

(minutes) 

Estimated 

annual 

responses 

Estimated 

annual 

burden hours 

Trademark/Service Mark Allegation of Use (Statement of Use/Amendment to Allege 

Use) (Paper) ................................................................................................................. 20 4,361 1,439 

Trademark/Service Mark Allegation of Use (Statement of Use/Amendment to Allege 

Use) (TEAS) ................................................................................................................. 15 73,525 18,381 

Request for Extension of Time to File a Statement of Use (Paper) ............................... 10 4,531 770 

Request for Extension of Time to File a Statement of Use (TEAS) ............................... 8 176,715 22,973 

Petition to Revive Abandoned Application—Failure to Respond Timely to Office Action (Paper) .................................................................................................................. 15 810 203 


jlentini on DSKJ8SOYB1PROD with NOTICES