Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Notices 34833 

distribute the time and location of 

stations to the lobster industry, work 

only during daylight hours, post an 

extra lookout to avoid gear, and actively 

avoid tangling in stationary gear. The 

project would work in cooperation in 

with NHFG and AOLA to tag lobsters 

with the primary goal of documenting 

their movement on and off Georges 

Bank. The applicant states that data 

from the tagging project could also help 

answer questions of lobster discard 

mortality in the scallop fishery. 

All tows would be conducted with 

two 15-foot (4.6-m) turtle deflector 

dredges for a duration of 30 minutes 

using an average tow speed of 4.8 knots. 

One dredge would be rigged with a 7- 

row apron and twine top hanging ratio 

of 2:1, while the other dredge would be 

rigged with a 5-row, extended link 

apron and 1.5:1 twine top hanging ratio. 

Both dredge frames would be rigged 

with identical rock and tickler chain 

configurations, 10-inch (25.4-cm) twine 

top, and 4-inch (10.2-cm) ring bag. Gear 

comparison data will help improve 

efforts to reduce scallop dredge bycatch. 

Dredge gear would conform to scallop 

gear regulations. 

For all tows, the entire sea scallop 

catch would be counted into baskets 

and weighed. One basket from each 

dredge would be randomly selected, and 

the scallops would be measured in 5- 

milimeter increments to determine size 

selectivity. All finfish catch would be 

sorted by species and then counted and 

measured. Weight, sex, and 

reproductive state would be determined 

for a random subsample (n=10) of 

yellowtail, winter, and windowpane 

flounders. Lobsters would be measured, 

sexed, and evaluated for damage and 

shell disease. No catch would be 

retained for longer than needed to 

conduct sampling, and no finfish or 

lobsters would be landed for sale. All 

catch estimates for the project are listed 

in Table 1, below. 

TABLE 1—COONAMESSETT FARM FOUNDATION GEORGES BANK SCALLOP RESEARCH PROJECT

Common name Scientific name 

Estimated 

weight 

(lb) * 

Estimated 

weight 

(kg) 

Sea Scallop ...................................... Placopecten magellanicus ......................................................................... 33,103 15, 015 

Yellowtail Flounder .......................... Limanda ferruginea ................................................................................... 1,097 498 

Winter Flounder ............................... Pseudopleuronectes americanus .............................................................. 1,605 728 

Windowpane Flounder ..................... Scophthalmus aquosus ............................................................................. 5,656 2,566 

Summer Flounder ............................ Paralichthys dentatus ................................................................................ 1,886 855 

Fourspot Flounder ........................... Paralichthys oblongus ............................................................................... 148 67 

American Plaice ............................... Hippoglossoides platessoides ................................................................... 180 82 

Grey Sole ......................................... Glyptocephalus cynoglossus ..................................................................... 24 11 

Haddock ........................................... Melanogrammus aeglefinus ...................................................................... 116 53 

Atlantic Cod ..................................... Gadus morhua ........................................................................................... 199 90 

Monkfish ........................................... Lophius americanus .................................................................................. 16,839 7,638 

Spiny Dogfish ................................... Squalus acanthias ..................................................................................... 173 78 

Barndoor Skates .............................. Dipturus laevis ........................................................................................... 2,217 1,006 

NE Skate Complex (excluding 

barndoor skate).

Leucoraja erinacea, Leucoraja ocellata .................................................... 127,055 57,631 

American lobster .............................. Homarus americanus ................................................................................ 1,000 ** 

* Weights estimated using catch from a similar 2016 project. 

** Number of individual animals estimated to be caught. 

The applicant states that the 

exemptions are necessary to allow them 

to conduct experimental dredge towing 

without being charged DAS, as well as 

deploy gear in areas that are currently 

closed to scallop fishing. Participating 

vessels need crew size waivers to 

accommodate science personnel. 

Exemptions from possession limits 

would allow researchers to sample 

finfish and lobster catch that exceeds 

possession limits or prohibitions. The 

project would be exempt from the sea 

scallop observer program requirements 

because activities conducted on the trip 

are not consistent with normal fishing 

operations. Researchers from CFF will 

accompany each trip taken under the 

EFP. The goal of the proposed work is 

to provide information on spatial and 

temporal patterns in bycatch rates in the 

scallop fishery, with the objective of 

identifying mechanisms to mitigate 

bycatch. The data collected would 

enhance understanding of bycatch and 

scallop yield as they relate to access and 

open area management. 

If approved, the applicant may 

request minor modifications and 

extensions to the EFP throughout the 

year. EFP modifications and extensions 

may be granted without further notice if 

they are deemed essential to facilitate 

completion of the proposed research 

and have minimal impacts that do not 

change the scope or impact of the 

initially approved EFP request. Any 

fishing activity conducted outside the 

scope of the exempted fishing activity 

would be prohibited. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: July 18, 2018. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2018–15724 Filed 7–20–18; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

United States Patent and Trademark 

Office 

Submission for OMB Review; 

Comment Request; Third-Party 

Submissions and Protests 

The United States Patent and 

Trademark Office (USPTO) will submit 

to the Office of Management and Budget 

(OMB) for clearance the following 

proposal for collection of information 

under the provisions of the Paperwork 

Reduction Act. 

Agency: United States Patent and 

Trademark Office, Commerce. 

Title: Third-Party Submissions and 

Protests. 

OMB Control Number: 0651–0062. 

Form Number(s): 

• PTO/SB/429 

Type of Request: Regular. 

Number of Respondents: 1,450 

responses. 


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34834 Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Notices 

Average Hours per Response: 14,500 

hours. 

Cost Burden: $74,160. 

Needs and Uses: The public uses this 

information collection to contribute 

submissions and protests to the quality 

of issued patents. The USPTO will use 

this information, as appropriate, during 

the patent examination process to assist 

in evaluating the patent application. 

Frequency: On occasion. 

Respondent’s Obligation: Required to 

Obtain or Retain Benefits. 

OMB Desk Officer: Nicholas A. Fraser, 

email: Nicholas_A._Fraser@

omb.eop.gov. Once submitted, the 

request will be publicly available in 

electronic format through 

www.regino.gov. Follow the instructions 

to view the Department of Commerce 

collections currently under review by 

OMB. 

Further information can be obtained 

by: 

• Email: InformationCollection@

uspto.gov. Include ‘‘0651–0062 copy 

request’’ in the subject line of the 

message. 

• Mail: Raul Tamayo, Senior Legal 

Advisor, Office of Patent Legal 

Administration, 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 August 22, 2018 to Nicholas A. 

Fraser, OMB Desk Officer, via email to 

Nicholas_A._Fraser@omb.eop.gov, or by 

fax to 202–395–5167, marked to the 

attention of Nicholas A. Fraser. 

Marcie Lovett, 

Director, Records & Information Governance 

Division (RIGD), Office of the Chief 

Technology Officer, Office of the Chief 

Information Officer, United States Patent and 

Trademark Office. 

[FR Doc. 2018–15611 Filed 7–20–18; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

Proposed Collection; Comment 

Request; Fee Deficiency Submissions 

AGENCY: United States Patent and 

Trademark Office, Commerce. 

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 to comment on the 

proposed renewal of this information 

collection, as required by the Paperwork 

Reduction Act. 

DATES: Written comments must be 

submitted on or before September 21, 

2018. 

ADDRESSES: Written comments may be 

submitted by any of the following 

methods: 

• Email: InformationCollection@

uspto.gov. Include ‘‘0070 Fee Deficiency 

Submissions’’ in the subject line of the 

message. 

• Federal Rulemaking Portal: http://

www.regulations.gov. 

• Mail: Marcie Lovett, Director, 

Records and Information Governance 

Division, Office of the Chief Technology 

Officer, United States Patent and 

Trademark Office, P.O. Box 1450, 

Alexandria, VA 22313–1450. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information 

should be directed to Raul Tamayo, 

Senior Legal Advisor, Office of Patent 

Legal Administration, United States 

Patent and Trademark Office (USPTO), 

P.O. Box 1450, Alexandria, VA 22313– 

1450; by telephone at 571–272–7728; or 

by email at Raul.Tamayo@uspto.gov 

with ‘‘Information Collection: 0070’’ in 

the subject line. Additional information 

about this collection is also available at 

http://www.reginfo.gov under 

‘‘Information Collection Review.’’ 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

The Leahy-Smith America Invents Act 

(‘‘Act’’) was enacted into law on 

September 16, 2011 (Pub. L. 112–29, 

125 Stat. 283 (2011)). Under section 

10(b) of the Act, eligible small entities 

shall receive a 50 percent fee reduction 

from the undiscounted fees for filing, 

searching, examining, issuing, 

appealing, and maintaining patent 

applications and patents. The Act 

further provides that micro entities shall 

receive a 75 percent fee reduction from 

the undiscounted fees for filing, 

searching, examining, issuing, 

appealing, and maintaining patent 

applications and patents. 

This information collection covers the 

submissions made by patent applicants 

and patentees to excuse fee payment 

errors that result from changes in their 

small or micro entity status, in 

accordance with the procedures set 

forth in 37 CFR 1.28(c) and 1.29(k). 

Specifically, 37 CFR 1.28(c) provides a 

procedure by which patent applicants 

and patentees may be excused for 

erroneous payments of fees in the small 

entity amount. 37 CFR 1.29(k) provides 

a procedure by which patent applicants 

and patentees may be excused for 

erroneous payments of fees in the micro 

entity amount. 

Applicants who change their entity 

status may need to submit additional 

payments in order to have their 

applications associated with the correct 

category. A small or micro entity can be 

established in good faith, and a patent 

applicant pay a maintenance fee as a 

small or micro entity in good faith but 

later discover that such status was 

established in error or that through 

errors USPTO was not notified of a loss 

of entitlement to such status. The 

USPTO will excuse the error if a 

deficiency payment and other 

requirements are submitted in 

compliance with 37 CFR 1.28(c) or 

1.29(k). This is known as a ‘‘1.28(c) 

petition’’ or ‘‘1.29(k) petition.’’ 

Thus, this information collection is 

necessary so that patent applicants and 

patentees may pay the balance of fees 

due (i.e., fee deficiency payment) in 

instances when the micro or small 

entity fee amount was paid in error. The 

USPTO requires the information in 

order to process and properly record a 

fee deficiency payment, and to avoid 

questions arising later, either for the 

USPTO or for the applicant or patentee 

as to whether the proper fees have been 

paid in the application or patent. 

Failure to correct to the error in entity 

status will result in the charging of 

patent application fees that correspond 

with the correct entity status at the 

discretion of the Agency. If these fees 

are not paid, patent protection lapses 

and rights provided by the patent are no 

longer enforceable. 

II. Method of Collection 

The items in this collection may be 

submitted online using EFS-Web, the 

USPTO’s Web-based electronic filing 

system, or on paper by either mail or 

hand delivery. 

III. Data 

OMB Number: 0651–0070. 

IC Instruments: There are no forms in 

this collection. 

Type of Review: Renewal of a 

previously existing information 

collection. 

Affected Public: Businesses or other 

for-profits; not-for-profit institutions; 

individuals or households. 

Estimated Number of Respondents: 

2,500 responses per year. Of this total, 

the USPTO expects that 2,450 responses 

will be submitted electronically through 

EFS-Web and 50 will be submitted on 

paper. 

Estimated Time per Response: The 

USPTO estimates that it will take the 

public approximately 2 hours to submit 

the information in this collection, 


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