Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / Notices 47781 

or practice. The USPTO is providing 

this opportunity for public comment 

because the USPTO desires the benefit 

of public comment on the Interim Patent 

Subject Matter Eligibility Examination 

Instructions; however, notice and an 

opportunity for public comment are not 

required under 5 U.S.C. 553(b) or any 

other law. See Cooper Techs. Co. v. 

Dudas, 536 F.3d 1330, 1336–37, 87 

U.S.P.Q.2d 1705, 1710 (Fed. Cir. 2008) 

(stating that 5 U.S.C. 553, and thus 35 

U.S.C. 2(b)(2)(B), does not require notice 

and comment rule making for 

‘‘ ‘interpretative rules, general 

statements of policy, or rules of agency 

organization, procedure, or practice.’ ’’ 

(quoting 5 U.S.C. 553(b)(A))). Persons 

submitting written comments should 

note that the USPTO may not provide a 

‘‘comment and response’’ analysis of 

such comments as notice and an 

opportunity for public comment are not 

required under 5 U.S.C. 553(b) or any 

other law. 

Dated: September 11, 2009. 

David J. Kappos, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. E9–22420 Filed 9–16–09; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XR64 

Marine Mammals; File No. 1000–1617 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; withdrawal of 

application. 

SUMMARY: Notice is hereby given that 

Whitlow Au, PhD, University of Hawaii, 

Hawaii Institute of Marine Biology, 

Marine Mammal Research Program, PO 

Box 1106, Kailua, Hawaii 96734, has 

withdrawn an application to amend 

Scientific Research Permit No. 1000– 

1617–04. 

ADDRESSES: The documents related to 

this action 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)713–0376; 

Southwest Region, NMFS, 501 West 

Ocean Blvd., Suite 4200, Long Beach, 

CA 90802–4213; phone (562)980–4001; 

fax (562)980–4018; and 

Pacific Islands Region, NMFS, 1601 

Kapiolani Blvd., Rm 1110, Honolulu, HI 

96814–4700; phone (808)944–2200; fax 

(808)973–2941. 

FOR FURTHER INFORMATION CONTACT: 

Kristy Beard or Carrie Hubard, 

(301)713–2289. 

SUPPLEMENTARY INFORMATION: On April 

16, 2009, a notice was published in the 

Federal Register (74 FR 17635) that Dr. 

Au had submitted an application to 

amend Permit No. 1000–1617–04, 

which authorizes behavioral 

observations, photo-identification, 

genetic sampling, and suction-cup 

tagging of cetaceans in Hawaii and 

California. The amendment was 

requested under the authority of the 

Marine Mammal Protection Act of 1972, 

as amended (16 U.S.C. 1361 et seq.), the 

regulations governing the taking and 

importing of marine mammals (50 CFR 

part 216), and the Endangered Species 

Act of 1973, as amended (16 U.S.C. 1531 

et seq.). The applicant has withdrawn 

his application. 

Dated: September 14, 2009. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–22415 Filed 9–16–09; 8:45 am] 

BILLING CODE 3510–22–S 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: Thursday, September 24, 

2009, 2 p.m. 

PLACE: Hearing Room 420, Bethesda 

Towers, 4330 East-West Highway, 

Bethesda, Maryland. 

STATUS: Closed to the public. 

MATTER TO BE CONSIDERED: Compliance 

Status Report (Monthly)—Commission 

Briefing. 

The staff will brief the Commission on 

various compliance matters. 

For a recorded message containing the 

latest agenda information, call (301) 

504–7948. 

CONTACT PERSON FOR MORE INFORMATION: 

Todd A. Stevenson, Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, 4330 East-West 

Highway, Bethesda, MD 20814, (301) 

504–7923. 

Dated: September 11, 2009. 

Todd A. Stevenson, 

Secretary. 

[FR Doc. E9–22397 Filed 9–16–09; 8:45 am] 

BILLING CODE 6355–01–M 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: Tuesday, September 22, 

2009, 2 p.m. 

PLACE: Hearing Room 420, Bethesda 

Towers, 4330 East West Highway, 

Bethesda, Maryland. 

STATUS: Closed to the Public. 

MATTER TO BE CONSIDERED: Compliance 

Weekly Report—Commission Briefing 

The staff will brief the Commission on 

various compliance matters. 

For a recorded message containing the 

latest agenda information, call (301) 

504–7948. 

CONTACT PERSON FOR MORE INFORMATION: 

Todd A. Stevenson, Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814, (301) 

504–7923. 

Dated: September 11, 2009. 

Todd A. Stevenson, 

Secretary. 

[FR Doc. E9–22396 Filed 9–16–09; 8:45 am] 

BILLING CODE 6355–01–M 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0036] 

K.S. Trading Corporation, Inc., 

Provisional Acceptance of a 

Settlement Agreement and Order 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: It is the policy of the 

Commission to publish settlements 

which it provisionally accepts under the 

Consumer Product Safety Act in the 

Federal Register in accordance with the 

terms of 16 CFR 1118.20(e). Published 

below is a provisionally-accepted 

Settlement Agreement with K.S. Trading 

Corporation, containing a civil penalty 

of $35,000.00. 

DATES: Any interested person may ask 

the Commission not to accept this 

agreement or otherwise comment on its 

contents by filing a written request with 

the Office of the Secretary by October 2, 

2009. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 09–C0036, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 502, Bethesda, Maryland 20814– 

4408. 


cprice-sewell on DSK2BSOYB1PROD with NOTICES