Federal Register / Vol. 69, No. 218 / Friday, November 12, 2004 / Notices 65413

whether they occur inside or outside the 

EEZ; (6) negative reports must be 

submitted for months when no HMS are 

collected; (7) applicants for EFP and 

SRP renewals must include with the 

application the previous year’s year-end 

report and any delinquent reports for 

permits issued in prior years to obtain 

the new permit; and (8) prohibitions 

concerning the submission of false 

information and violations of the terms 

and conditions of EFPs and SRPs. 

Although unrelated to these provisions, 

the rule also addresses EFPs for the 

pelagic longline directed swordfish 

fishery, in that EFPs would no longer be 

required for vessels to delay offloading 

of swordfish when an approved vessel 

monitoring system (VMS) is operating 

on board the vessel.

In December 2003, NMFS published 

the Final Rule (68 FR 74747) 

implementing the Final Amendment 1 

to the Fishery Management Plan for 

Atlantic Tunas, Swordfish and Sharks. 

While the rule focuses primarily on 

shark management measures, the 

issuance of EFPs and SRPs is also 

addressed where a separate display 

permitting system for HMS is to be 

developed apart from EFPs and SRPs 

issued for other purposes. This is an 

administrative change only, and current 

quotas as well as application and 

reporting requirements remain as 

established under the existing system.

Comments are also requested for the 

issuance of Chartering Permits to vessels 

fishing for HMS while operating under 

chartering arrangements within the EEZ 

of other nations. In November 2004, 

NMFS published the Final Rule 

requiring prior notification and 

approval from NMFS, via issuance of a 

Chartering Permit, before a vessel begins 

to fish under a chartering arrangement. 

These Chartering Permits would allow a 

U.S. fishing vessel to fish in a manner 

consistent with another country’s 

regulations without violating U.S. 

regulations, and would ensure that such 

vessels report to the proper authorities, 

consistent with ICCAT 

recommendations. To date, NMFS has 

only received applications from and 

issued one of these Chartering Permits, 

which includes one pelagic longline 

vessel in a fleet of many thousands.

Final decisions on the issuance of any 

EFPs/SRPs/Display/Chartering Permits 

will depend on the submission of all 

required information about the 

proposed activities, NMFS’ review of 

public comments received on this 

notice, consistency with conclusions in 

the Final Environmental Impact 

Statement (EIS) contained in the Final 

HMS FMP (64 FR 13575; March 19, 

1999), Environmental Assessments 

(EAs) or EISs, and any consultations 

with appropriate Regional Fishery 

Management Councils, states, or Federal 

agencies. NMFS does not anticipate any 

environmental impacts from the 

issuance of these EFPs other than 

impacts already assessed in the Final 

HMS FMP.

All requests for EFPs/SRPs/Display/

Chartering Permits of a type or nature 

not addressed in this Federal Register

Notice will have a separate Notice filed 

and separate public comment period.

Authority: 16 U.S.C. 971 et seq. and 16 

U.S.C. 1801 et seq.

Dated: November 5, 2004.

Bruce C. Morehead,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–25211 Filed 11–10–04; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

[I.D. 110404E]

Endangered Species; File No. 1260

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Issuance of permit modification.

SUMMARY: Notice is hereby given that 

the NMFS Southeast Fisheries Science 

Center (SEFSC) has been issued a 

modification to scientific research 

Permit No. 1260.

ADDRESSES: The modification and 

related documents are available for 

review upon written request or by 

appointment in the following office(s):

Permits, Conservation and Education 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910; phone 

(301)713–2289; fax (301)713–0376; and

Southeast Region, NMFS, 9721 

Executive Center Drive North, St. 

Petersburg, FL 33702–2432; phone 

(727)570–5301; fax (727)570–5320.

FOR FURTHER INFORMATION CONTACT:

Patrick Opay or Ruth Johnson, 

(301)713–2289.

SUPPLEMENTARY INFORMATION: Notices 

were published in the Federal Register 

on July 15, 2004 (69 FR 42426) and July 

19, 2004 (69 FR 42970) that 

modifications of Permit No. 1260, 

issued June 29, 2001 (66 FR 34621), had 

been requested by the above-named 

organization. The requested 

modification has been granted under the 

authority of 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 modification to Permit No. 1260 

authorizes the SEFSC to attach 

conventional or pop-up archival tag 

(PAT) satellite transmitters to the pygal 

region of up to 15 leatherback sea turtles 

(Dermochelys coriacea) that may be 

boated during the Pelagic Longline 

Fishery Observers project. Additionally, 

the SEFSC is authorized to handle, 

flipper and passive integrated 

transponder (PIT) tag, tissue sample and 

blood sample all turtles on all projects 

under Permit No. 1260 and now has the 

option of deploying either PAT or 

conventional satellite tags via a tether 

attachment to the 20 loggerhead sea 

turtles (Caretta caretta) for which 

satellite tagging was already authorized 

under the existing Pelagic Longline 

Fishery Observers project.

The modification also authorizes the 

annual hoop netting or dip netting, 

measuring, weighing, flipper and PIT 

tagging, tissue biopsying, blood 

sampling and release of an additional 

100 leatherback, 120 loggerhead, 100 

green (Chelonia mydas), 50 hawksbill 

(Eretmochelys imbricata), 50 Kemp’s 

ridley (Lepidochelys kempii) and 20 

olive ridley (Lepidochelys olivacea) sea 

turtles. A subset of 20 of the 

leatherbacks, 20 of the loggerheads, 20 

of the greens, 20 of the hawksbills, 20 

of the Kemp’s ridleys and 5 of the olive 

ridleys captured annually will have 

satellite transmitters attached to them. 

None of the activities authorized under 

this modification are expected to result 

in mortality. The research will be 

conducted in waters of the Atlantic 

Ocean (including the Caribbean) and 

Gulf of Mexico during the remainder of 

the permit which expires June 30, 2006. 

The purpose of the research is to gather 

the necessary information to implement 

NMFS management activities as 

required by the ESA and implementing 

regulations.

Issuance of this modification, as 

required by the ESA was based on a 

finding that such permit (1) was applied 

for in good faith, (2) will not operate to 

the disadvantage of the endangered and 

threatened species which are the subject 

of this permit, and (3) is consistent with 

the purposes and policies set forth in 

section 2 of the ESA.

65414 Federal Register / Vol. 69, No. 218 / Friday, November 12, 2004 / Notices 

Dated: November 5, 2004.

Stephen L. Leathery, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service.

[FR Doc. 04–25210 Filed 11–10–04; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

Patent and Trademark Office 

[Docket No. 2004–P–049] 

Grant of Interim Extension of the Term 

of U.S. Patent No. 4,603,123; Piroxicam 

Betadex

AGENCY: United States Patent and 

Trademark Office, DOC.

ACTION: Notice of interim patent term 

extension. 

SUMMARY: The United States Patent and 

Trademark Office has issued a 

certificate under 35 U.S.C. 156(d)(5) for 

a one-year interim extension of the term 

of U.S. Patent No. 4,603,123.

FOR FURTHER INFORMATION CONTACT:

Karin Ferriter by telephone at (571) 

272–7744; by mail marked to her 

attention and addressed to Mail Stop 

Patent Ext., Commissioner for Patents, 

P.O. Box 1450, Alexandria, VA 22313–

1450; by fax marked to her attention at 

(571) 273–7744, or by e-mail to 

Karin.Ferriter@uspto.gov.

SUPPLEMENTARY INFORMATION: Section 

156 of Title 35, United States Code, 

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, and 

that the patent may be extended for 

interim periods of up to a year if the 

regulatory review is anticipated to 

extend beyond the expiration date of the 

patent. 

On October 25, 2004, patent owner 

Chiesi Farmaceutici S.p.A. timely filed 

an application under 35 U.S.C. 156(d)(5) 

for an interim extension of the term of 

U.S. Patent No. 4,603,123. The patent 

claims the active ingredient piroxicam 

betadex in the human drug product 

Brexidol. The application indicates 

that a New Drug Application for 

Brexidol (piroxicam betadex) has been 

filed and is currently undergoing 

regulatory review before the Food and 

Drug Administration for permission to 

market or use the product commercially. 

Review of the application indicates 

that except for permission to market or 

use the product commercially, the 

subject patent would be eligible for an 

extension of the patent term under 35 

U.S.C. 156, and that the patent should 

be extended for one year as required by 

35 U.S.C. 156(d)(5)(B). Since the 

regulatory review period is anticipated 

to continue beyond the expiration date 

of the patent November 13, 2004, 

interim extension of the patent term 

under 35 U.S.C. 156(d)(5) is appropriate. 

An interim extension under 35 U.S.C. 

156(d)(5) of the term of U.S. Patent No. 

4,603,123 is granted for a period of one 

year from the expiration date of the 

patent, i.e., until November 13, 2005.

Dated: November 4, 2004. 

Jon W. Dudas, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office.

[FR Doc. 04–25204 Filed 11–10–04; 8:45 am] 

BILLING CODE 3510–16–P

COMMITTEE FOR THE 

IMPLEMENTATION OF TEXTILE 

AGREEMENTS

Adjustment of Import Limits for Certain 

Cotton and Man-Made Fiber Textile 

Products Produced or Manufactured in 

Indonesia

November 8, 2004.

AGENCY: Committee for the 

Implementation of Textile Agreements 

(CITA).

ACTION: Issuing a directive to the 

Commissioner, Bureau of Customs and 

Border Protection adjusting limits.

EFFECTIVE DATE: November 12, 2004.

FOR FURTHER INFORMATION CONTACT: Ross 

Arnold, International Trade Specialist, 

Office of Textiles and Apparel, U.S. 

Department of Commerce, (202) 482–

4212. For information on the quota 

status of these limits, refer to the Bureau 

of Customs and Border Protection 

website (http://www.cbp.gov), or call 

(202) 344-2650. For information on 

embargoes and quota re-openings, refer 

to the Office of Textiles and Apparel 

Web site at http://otexa.ita.doc.gov.

SUPPLEMENTARY INFORMATION:

Authority: Section 204 of the Agricultural 

Act of 1956, as amended (7 U.S.C. 1854); 

Executive Order 11651 of March 3, 1972, as 

amended.

The current limit for Categories 647/

648 is being increased for the 

cancellation of special shift, reducing 

the limit for Categories 347/348 to 

account for the special shift being 

returned to Category 647/648.

A description of the textile and 

apparel categories in terms of HTS 

numbers is available in the 

CORRELATION: Textile and Apparel 

Categories with the Harmonized Tariff 

Schedule of the United States (see 

Federal Register notice 69 FR 4926, 

published on February 2, 2004). Also 

see 68 FR 65254, published on 

November 19, 2003.

D. Michael Hutchinson,

Acting Chairman, Committee for the 

Implementation of Textile Agreements.

Committee for the Implementation of Textile 

Agreements

November 8, 2004.

Commissioner,

Bureau of Customs and Border Protection, 

Washington, DC 20229.

Dear Commissioner: This directive 

amends, but does not cancel, the directive 

issued to you on November 13, 2003, by the 

Chairman, Committee for the Implementation 

of Textile Agreements. That directive 

concerns imports of certain cotton, wool, 

man-made fiber, silk blend and other 

vegetable fiber textiles and textile products, 

produced or manufactured in Indonesia and 

exported during the twelve-month period 

which began on January 1, 2004 and extends 

through December 31, 2004.

Effective on November 12, 2004, you are 

directed to adjust the limits for the categories 

listed below, as provided for under the 

Uruguay Round Agreement on Textiles and 

Clothing:

Category Twelve-month restraint 

limit 1

Levels in Group I

347/348 ................ 3,246,042 dozen.

647/648 ................ 5,986,332 dozen.

1The limits have not been adjusted to account for any imports exported after December 

31, 2003.

The Committee for the Implementation of 

Textile Agreements has determined that 

these actions fall within the foreign affairs 

exception to the rulemaking provisions of 5 

U.S.C. 553(a)(1).

Sincerely,

D. Michael Hutchinson,

Acting Chairman, Committee for the 

Implementation of Textile Agreements.

[FR Doc. E4–3153 Filed 11–10–04; 8:45 am]

BILLING CODE 3510–DS–S

COMMITTEE FOR THE 

IMPLEMENTATION OF TEXTILE 

AGREEMENTS

Adjustment of Import Limits for Certain 

Cotton, Wool and Man-Made Fiber 

Textiles and Textile Products 

Produced or Manufactured in Taiwan

November 8, 2004.

AGENCY: Committee for the 

Implementation of Textile Agreements 

(CITA).