Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38585 

Initiation of Countervailing Duty 

Investigation, 74 FR 29670 (June 23, 

2009). In that notice, the effective date 

was listed as June 16, 2009. The 

effective date should have read June 23, 

2009, which was the date of publication 

of the notice of initiation. 

Dated: July 21, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–18594 Filed 8–3–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XP72 

Endangered Species; File No. 1596–02 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of permit 

modification. 

SUMMARY: Notice is hereby given that 

National Marine Fisheries Service 

Southwest Fisheries Science Center has 

been issued a modification to scientific 

research Permit No. 1596–01. 

ADDRESSES: The modification and 

related documents are available for 

review upon written request or by 

appointment in the following offices: 

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)427–2521; 

Southwest Region, NMFS, 501 West 

Ocean Blvd., Suite 4200, Long Beach, 

CA 90802–4213; phone (562)980–4001; 

fax (562)980–4018. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Opay (301)713–2289. 

SUPPLEMENTARY INFORMATION: On May 

13, 2009, notice was published in the 

Federal Register (74 FR 22517) that a 

modification of Permit No. 1596–01 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 222–226). 

The permit modification authorizes 

researchers to annually fat biopsy and 

ultrasound up to 38 leatherback sea 

turtles as part of a health and nutritional 

assessment of this species. It also 

provides authority to close approach 

and attach VHR/TDR/sonic tag/GPS/ 

video camera units by suction cup on 

up to 20 leatherback sea turtles 

annually, and to later capture the same 

animals to remove the unit and then 

sample, tag, and attach another VHR/ 

TDR/sonic tag/GPS/video camera unit to 

the animals before release. Additionally, 

the permit modification authorizes 

researchers to annually attach a VHR/ 

TDR/sonic tag/GPS unit and tissue 

sample 20 leatherback sea turtles using 

a biopsy pole. The permit currently 

authorizes researchers to attach the unit 

or tissue sample 20 animals, not both. 

The number of leatherback sea turtles 

captured does not increase under the 

modification, but the mix of activities 

conducted on each animal does. The 

research may continue to occur in 

waters off the coast of the western 

United States through February 1, 2012. 

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 such endangered or 

threatened species, and (3) is consistent 

with the purposes and policies set forth 

in section 2 of the ESA. 

Dated: July 29, 2009. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–18585 Filed 8–3–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

United States Patent and Trademark 

Office 

[Docket No. PTO–P–2009–0028] 

Grant of interim extension of the term 

of U.S. Patent No. 5,135,759; 

MicroSort® Sperm Separation 

Technology 

AGENCY: United States Patent and 

Trademark Office. 

ACTION: Notice of Interim Patent Term 

Extension. 

SUMMARY: The United States Patent and 

Trademark Office has issued an order 

granting interim extension under 35 

U.S.C. 156(d)(5) for a one-year interim 

extension of the term of U.S. Patent No. 

5,135,759. 

FOR FURTHER INFORMATION CONTACT: 

Mary C. Till by telephone at (571) 272– 

7755; by mail marked to her attention 

and addressed to the Commissioner for 

Patents, Mail Stop Hatch-Waxman PTE, 

P.O. Box 1450, Alexandria, VA 22313– 

1450; by fax marked to her attention at 

(571) 273–7755, or by e-mail to 

Mary.Till@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 June 8, 2009, the patent owner, the 

United States of America, as represented 

by the Secretary of Agriculture, timely 

filed an application under 35 U.S.C. 

156(d)(5) for an interim extension of the 

term of U.S. Patent No. 5,135,759. The 

patent claims the use of the medical 

device, MicroSort® Sperm Separation 

Technology. The application indicates, 

and the Food and Drug Administration 

has confirmed, that a Premarket 

Approval application (P090004) for the 

medical device, MicroSort® Sperm 

Separation Technology, has been filed 

by the licensee of the patent owner, 

Genetics & IVF Institute, 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 an additional one year 

as required by 35 U.S.C. 156(d)(5)(B). 

Because it is apparent that the 

regulatory review period will continue 

beyond the original expiration date of 

the patent (August 4, 2009), an 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. 

5,135,759 is granted for a period of one 

year from the original expiration date of 

the patent, i.e., until August 4, 2010. 

Dated: July 28, 2009. 

John J. Doll, 

Acting Under Secretary of Commerce for 

Intellectual Property and Acting Director of 

the United States Patent and Trademark 

Office. 

[FR Doc. E9–18574 Filed 8–3–09; 8:45 am] 

BILLING CODE 3510–16–P 

mstockstill on DSKH9S0YB1PROD with NOTICES