81976 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Notices 

would clarify uncertainties and to reevaluate the findings in this notice as 

new information becomes available. In 

particular, NMFS will incorporate an 

annual review of any reports of 

incidental mortality of the subject listed 

species in the fisheries addressed by 

this permit. Particular attention will be 

paid to instances of incidental take of 

Western stock Steller sea lions in those 

sub-regions experiencing continued 

population declines (NMFS Fishery 

Statistical Areas 541, 542, and 543) to 

ensure the level of taking remains 

negligible on a local scale. 

Comment 3: The Commission 

recommended NMFS work with state 

and tribal fisheries managers and 

participants in those fisheries to expand 

observer coverage in fisheries that may 

take marine mammals and, as observers 

provide better data, re-evaluate the 

negligible impact determination. 

Response: In the NID, NMFS 

recognized that certain fisheries may 

have not been observed, have been only 

observed for a limited number of 

seasons, or were covered over a decade 

or longer ago. NMFS agrees that there is 

a pressing need for new and sound data, 

in particular for certain fisheries known 

to have taken marine mammals at some 

previous point (e.g., Prince William 

Sound salmon drift gillnet fishery) and 

will undertake new monitoring 

programs as budgetary constraints and 

priorities allow. NMFS has also recently 

taken steps to expand observer coverage 

in previously unmonitored groundfish 

fisheries in nearshore areas and in 

smaller boat fisheries (e.g., < 60 foot 

vessels). However, the implementation 

date for such an expanded program and 

the initial proportion of coverage are 

uncertain at this time. As any new data 

from observer programs become 

available, NMFS will re-evaluate the 

NID for all species, as appropriate. 

Comment 4: The Commission 

recommended NMFS identify 

information gaps related to endangered 

and threatened species that may be 

affected by the issuance of this permit 

and elevate the priority given to 

addressing those gaps, in particular to 

the possible affect of this action on 

critically endangered marine mammals 

such as the North Pacific right whale. 

Response: NMFS will continue to 

evaluate available data such as that 

obtained through the existing 

Groundfish Fishery Observer Program 

that may provide information relevant 

to a relationship among this action, 

ongoing Alaska groundfish fishing 

activities, and critically endangered 

marine mammal species and stocks. 

Research and management programs for 

listed species will continue to be a high 

priority for NMFS and will be expanded 

to the extent that future budgets allow. 

Comment 5: In their review of the 

draft NID, MCA called attention to 

information discussed in the NID 

concerning possible changes in, or 

‘‘blurring at the edges,’’ of the geographic 

boundary (144°W) between the Western 

U.S. and Eastern U.S. stocks of Steller 

sea lions and referred to their additional 

comments on that topic submitted as 

part of NMFS’s ongoing five-year status 

review of the Eastern U.S. stock. 

Response: There is adequate 

information to continue to manage these 

stocks as defined based on extensive 

prior scientific review as well as new 

information (e.g., Phillips, C.D., J.W. 

Bickham, J.C. Patton, and T.S. Gelatt. 

2009. Systematics of Steller sea lions 

(Eumetopias jubatus): Subspecies 

recognition based on concordance of 

genetics and morphometrics. Occas. 

Pap. Mus. Texas Tech Univ. 283:1–15). 

Additional information and a response 

to those comments will be forthcoming 

through the public review process 

appropriate to the five year status 

review. 

Comment 6: The MCA opined the 

Draft NID did not incorporate the most 

up-to-date Western U.S. Steller sea lion 

population assessment data nor called 

attention to the relationship between 

current population trends and various 

Recovery Plan criteria, alleging the 

population is ‘‘on track’’ towards 

downlisting from endangered to 

threatened. 

Response: NMFS has used the best 

available scientific information which is 

complete at this time for preparing and 

issuing the NID. Data analysis and final 

report preparation for population 

surveys of Steller sea lions conducted in 

2009 and 2010 remain in process. NMFS 

staff conferred and reached a 

preliminary conclusion that these data 

are not likely to result in any substantial 

alteration of the conclusions reached in 

the NID. The criteria for recovery and 

ultimate ‘‘downlisting’’ of the Western 

U.S. stock are clearly stated in the 

Recovery Plan (NMFS 2008) and are 

based on (among a variety of factors) 

maintaining a statistically significant 

consistent but slow (e.g., 1.5 percent) 

increasing trend of population growth 

for 15 years on average. Clearly, given 

the lack of any long-term statistical 

certainty in available population 

assessment data as well as the disparate 

trends within the various sub-regions as 

defined in the Recovery Plan, it is 

premature to make a statement as to 

whether the population is or is not ‘‘on 

track’’ with respect to recovery and 

delisting; furthermore, such a 

determination is not relevant to the NID 

process. The NID uses the appropriate 

criteria and utilized the best available 

population information to determine 

that the effect of authorizing the 

incidental take of commercial 

groundfish fishing will have a negligible 

impact on the Western U.S. population 

stock of Steller sea lions. In addition, 

whether or not the status of any of these 

species may change under the ESA is 

not relevant to the NID under the 

MMPA. If such a change in status 

occurs, NMFS would evaluate whether 

or not additional analyses for this 

permit are necessary. 

Comment 7: The MCA inquired about 

how not convening a TRP might 

potentially affect recovery of the 

Western U.S. stock and whether or not 

funding is likely to be included in the 

FY2012/13 budgets. 

Response: As discussed in the notice 

of the proposed permit, the current 

levels of incidental mortality and 

serious injury (without a TRP) are 

expected to delay recovery of the 

Western U.S. stock of Steller sea lions 

by no more than 10 percent of the time 

to recovery if such mortality and serious 

injury did not occur. However, NMFS 

plans, through both monitoring of this 

permit, and actions required through the 

section 7 process of the ESA—the 

Reasonable and Prudent Alternatives 

issued with the Final BiOp for the 

subject groundfish fisheries—to assess 

the level of taking and to work with 

industry, the North Pacific Fisheries 

Management Council, and other groups 

to ensure that any such taking remains 

at negligible levels. NMFS will continue 

to assess the need for any TRPs and 

associated budgetary needs within the 

priorities of the agency. 

Dated: December 21, 2010. 

P. Michael Payne, 

Acting Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2010–32689 Filed 12–28–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

Submission for OMB Review; 

Comment Request 

The United States Patent and 

Trademark Office (USPTO) will submit 

to the Office of Management and Budget 

(OMB) for clearance the following 

proposal for a new collection of 

information under the provisions of the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

Agency: United States Patent and 

Trademark Office (USPTO). 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Notices 81977 

1 7 U.S.C. 7a–1. 

2 15 U.S.C. 78q–l. 

3 7 U.S.C. 7a–2(c), 17 CFR 39.4(a), 40.5. 

4See Securities Exchange Act Release No. 62094 

(May 13, 2010), 75 FR 28085 (May 19, 2010) (File 

No. SR–OCC–2010–07 filed with both the CFTC and 

the Securities and Exchange Commission (‘‘SEC’’)) 

and the SEC’s approval in Securities Exchange Act 

Release No. 62290 (June 14, 2010), 75 FR 35861 

(June 23, 2010). See also Securities Exchange Act 

Release No. 62139 (May 19, 2010), 75 FR 29597 

(May 26, 2010) (SEC approval of the CBOE’s listing 

and trading of Options on the GVZ Index). 

5See Securities Exchange Act Release No. 50603 

(Oct. 28, 2004), 69 FR 64614 (Nov. 5, 2004) (original 

Continued 

Title: Global Intellectual Property 

Academy (GIPA) Surveys. 

Form Number(s): None. 

Agency Approval Number: 0651– 

00xx. 

Type of Request: New information 

collection. 

Burden: 375 hours annually. 

Number of Respondents: 1,500 

responses per year. 

Avg. Hours per Response: The USPTO 

estimates that it will take participants of 

the GIPA training programs 15 minutes 

(0.25 hours) to complete the surveys. 

This includes the time to gather the 

necessary information, complete the 

survey, and submit the completed 

survey to the USPTO. 

Needs and Uses: The pre-program, 

post-program, and alumni surveys will 

be used to obtain feedback from the 

participants of the various GIPA training 

classes. The pre-program surveys allow 

participants to provide feedback on the 

program expectations and training 

needs immediately prior to participating 

in the GIPA training programs. The 

post-program surveys allow participants 

to provide feedback on program 

effectiveness, service, facilities, teaching 

practices, and processes immediately 

after completing the GIPA training 

programs. The alumni surveys allow 

participants to provide feedback on 

program effectiveness approximately 

one year after completing the GIPA 

training programs. 

The USPTO will use the data 

collected from the surveys to evaluate 

the percentage of foreign officials 

trained by GIPA who have initiated or 

implemented a positive intellectual 

property change in their organization 

and to evaluate the percentage of foreign 

officials trained by GIPA who increased 

their expertise in intellectual property. 

The data will also be used to evaluate 

the satisfaction of the participants with 

the intellectual property program and 

the value of the experience as it relates 

to future job performance. The USPTO 

also uses the survey data to meet 

organizational performance and 

accountability goals. 

Affected Public: Individuals. 

Frequency: On occasion. 

Respondent’s Obligation: Voluntary. 

OMB Desk Officer: Nicholas A. Fraser, 

e-mail: Nicholas_A_Fraser@

omb.eop.gov. 

Once submitted, the request will be 

publicly available in electronic format 

through the Information Collection 

Review page at http://www.reginfo.gov. 

Paper copies can be obtained by: 

• E-mail: InformationCollection@

uspto.gov. Include ‘‘0651–00xx Global 

Intellectual Property Academy (GIPA) 

Surveys copy request’’ in the subject line 

of the message. 

• Fax: 571–273–0112, marked to the 

attention of Susan K. Fawcett. 

• 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. 

Written comments and 

recommendations for the proposed 

information collection should be sent on 

or before January 28, 2011 to Nicholas 

A. Fraser, OMB Desk Officer, via e-mail 

to Nicholas_A_Fraser@omb.eop.gov or 

by fax to 202–395–5167, marked to the 

attention of Nicholas A. Fraser. 

Dated: December 23, 2010. 

Susan K. Fawcett, 

Records Officer, USPTO, Office of the Chief 

Information Officer. 

[FR Doc. 2010–32738 Filed 12–28–10; 8:45 am] 

BILLING CODE 3510–16–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Order Exempting the Trading and 

Clearing of Certain Products Related to 

the CBOE Gold ETF Volatility Index 

and Similar Products 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Final Order. 

SUMMARY: On November 10, 2010, the 

Commodity Futures Trading 

Commission (‘‘CFTC’’ or the 

‘‘Commission’’) published for public 

comment in the Federal Register a 

proposal to exempt the trading and 

clearing of certain options (‘‘Options’’) 

on the CBOE Gold ETF Volatility Index 

(‘‘GVZ Index’’), which would be traded 

on the Chicago Board Options Exchange 

(‘‘CBOE’’), a national securities 

exchange, and cleared through the 

Options Clearing Corporation (‘‘OCC’’) in 

its capacity as a registered securities 

clearing agency, from the provisions of 

the Commodity Exchange Act (‘‘CEA’’) 

and the regulations thereunder, to the 

extent necessary to permit such Options 

to be so traded and cleared. The 

Commission also requested comment 

regarding whether it should provide a 

categorical exemption that would 

permit the trading and clearing of 

options on indexes that measure the 

volatility of shares of gold exchangetraded funds (‘‘ETFs’’) generally, 

regardless of issuer, including options 

on any index that measures the 

magnitude of changes in, and is 

composed of the price(s) of shares of 

one or more gold ETFs and the price(s) 

of any other instrument(s), which other 

instruments are securities as defined in 

the Securities Exchange Act of 1934 

(‘‘the ’34 Act’’). The Commission has 

determined to issue this Order 

essentially as proposed. Authority for 

these exemptions is found in § 4(c) of 

the CEA. 

DATES: Effective Date: December 23, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Robert B. Wasserman, Associate 

Director, 202–418–5092, 

rwasserman@cftc.gov, Division of 

Clearing and Intermediary Oversight, 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1151 21st Street, NW., Washington, DC 

20581, or Anne C. Polaski, Special 

Counsel, 312–596–0575, 

apolaski@cftc.gov, Division of Clearing 

and Intermediary Oversight, Commodity 

Futures Trading Commission, 525 W. 

Monroe Street, Suite 1100, Chicago, 

Illinois 60661. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The OCC is both a Derivatives 

Clearing Organization (‘‘DCO’’) 

registered pursuant to § 5b of the CEA,1

and a securities clearing agency 

registered pursuant to § 17A of the ’34 

Act.2

OCC has filed with the CFTC, 

pursuant to § 5c(c) of the CEA and 

§§ 39.4(a) and 40.5 of the Commission’s 

regulations thereunder,3 a request for 

approval of a rule that would enable 

OCC to clear and settle options on the 

GVZ Index traded on the CBOE, a 

national securities exchange, in its 

capacity as a registered securities 

clearing agency (and not in its capacity 

as a DCO).4 Section 5c(c)(3) of the CEA 

provides that the CFTC must approve 

such a rule submitted for approval 

unless it finds that the rule would 

violate the CEA. 

The GVZ Index is an index that 

measures the implied volatility of 

options on shares of the SPDR® Gold 

Trust (‘‘SPDR® Gold Trust Shares’’), an 

ETF designed to reflect the performance 

of the price of gold bullion.5


srobinson on DSKHWCL6B1PROD with NOTICES