Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Notices 2255 

visit the Pacific Council Web site at 

www.pcouncil.org and browse the June 

2012 Briefing Book; or contact Gretchen 

Hanshew (Northwest Region, NMFS), 

phone: 206–526–6147, fax: 206–526– 

6736. 

SUPPLEMENTARY INFORMATION: This 

action is authorized by the Pacific Coast 

Groundfish Fishery Management Plan 

(FMP) and the Magnuson-Stevens 

Fishery Conservation and Management 

Act provisions at 50 CFR 600.745, 

which states that EFPs may be used to 

authorize fishing activities that would 

otherwise be prohibited. At the June 

2012 Pacific Fishery Management 

Council (Council) meeting in San 

Mateo, CA, the Council considered 

applications for three EFPs from: (1) 

Steven Fosmark; (2) the San Francisco 

Community Fishing Association and 

Dan Platt; and (3) the Central Coast 

Sustainable Groundfish Association and 

their collaborators. An opportunity for 

public testimony was provided during 

the Council meeting. For more details 

on these EFP applications and to view 

copies of the applications, see the 

Pacific Council’s Web site at 

www.pcouncil.org and browse the June 

2012 Briefing Book. The Council 

recommended that NMFS consider 

issuing the following EFPs, and that 

those EFPs be issued for 2 years. The 2- 

year duration is intended coincide with 

the 2013–2014 biennial harvest 

specifications and management 

measures process. Therefore, to reduce 

the administrative burden of issuing 

annual EFPs during the 2-year 

management cycle, NMFS is 

considering issuing the EFPs described 

below for a 2-year period. The EFPs 

issued for this 2-year period would 

expire no later than December 31, 2014, 

but could be terminated earlier under 

terms and conditions of the EFPs and 

other applicable laws. 

Commercial Chilipepper EFP 

Steven Fosmark submitted an 

application for a 2-year EFP. The 

primary purpose of the EFP is to test if 

a specific longline gear configuration 

can be used in the commercial fishery 

to target underutilized chilipepper 

rockfish, while keeping bycatch of 

overfished species low. 

Commercial Yellowtail EFP 

The San Francisco Community 

Fishing Association and Dan Platt 

submitted an application for a 2-year 

EFP. The primary purpose of the EFP is 

to test a commercial hook and line gear 

to target underutilized yellowtail 

rockfish, while keeping bycatch of 

overfished species low. 

Collaborative Fishing Survey EFP 

The Central Coast Sustainable 

Groundfish Association submitted a 

proposal for a 2-year EFP, along with 

their collaborators: The Nature 

Conservancy; Environmental Defense 

Fund; various local industry research 

partners; and various academic 

scientific advisors and partners. The 

primary purpose of the EFP is to 

ground-truth estimates of spatial 

distribution of overfished species within 

parts of the rockfish conservation area, 

an area closed to groundfish fishing to 

protect overfished species, in order to 

see if there are areas that may be fished 

with low impacts to overfished species. 

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

Dated: January 7, 2013. 

Lindsay Fullenkamp, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2013–00355 Filed 1–9–13; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XC393 

Nominations to the Marine Fisheries 

Advisory Committee 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; request for nominations. 

SUMMARY: Nominations are being sought 

for an appointment by the Secretary of 

Commerce to fill one vacancy on the 

Marine Fisheries Advisory Committee 

(MAFAC or Committee) beginning in 

the spring of 2013. MAFAC is the only 

Federal advisory committee with the 

responsibility to advise the Secretary of 

Commerce (Secretary) on all matters 

concerning living marine resources that 

are the responsibility of the Department 

of Commerce. The Committee makes 

recommendations to the Secretary to 

assist in the development and 

implementation of Departmental 

regulations, policies and programs 

critical to the mission and goals of the 

NMFS. NMFS seeks to restore the 

geographic balance of the Committee 

created by recent vacancies and 

encourages candidates from the Hawaii 

region to apply, although nominations 

from all interested and qualified parties 

will be accepted. Nominees should 

possess demonstrable expertise in a 

field related to the management of living 

marine resources and be able to fulfill 

the time commitments required for two 

annual meetings. Individuals serve for a 

term of three years for no more than two 

consecutive terms if re-appointed. 

DATES: Nominations must be 

postmarked or have an email date stamp 

on or before February 11, 2013. 

ADDRESSES: Nominations should be sent 

to Dr. Mark Holliday, Executive 

Director, MAFAC, Office of Policy, 

NMFS F–14451, 1315 East-West 

Highway, Silver Spring, MD 20910. 

FOR FURTHER INFORMATION CONTACT: 

Mark Holliday, MAFAC Executive 

Director; (301) 427–8004; email: 

Mark.Holliday@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

establishment of MAFAC was approved 

by the Secretary on December 28, 1970, 

and subsequently chartered under the 

Federal Advisory Committee Act, 5 

U.S.C. App. 2, on February 17, 1971. 

The Committee meets twice a year with 

supplementary subcommittee meetings 

as determined necessary by the 

Committee Chairperson. No less that 15 

and no more than 21 individuals may 

serve on the Committee. Membership is 

comprised of highly qualified, diverse 

individuals representing commercial 

and recreational fisheries interests, 

environmental organizations, academic 

institutions, governmental, tribal and 

consumer groups, and other living 

marine resource interest groups from a 

balance of U.S. geographical regions, 

including the Western Pacific and 

Caribbean. 

A MAFAC member cannot be a 

Federal employee, a member of a 

Regional Fishery Management Council, 

a registered Federal lobbyist, or a State 

employee. The selected candidate must 

pass a security check and submit a 

financial disclosure form. Membership 

is voluntary, and except for 

reimbursable travel and related 

expenses, service is without pay. 

Each nomination submission should 

include the nominee’s name, a cover 

letter describing the nominee’s 

qualifications and interest in serving on 

the Committee, curriculum vitae or 

resume of the nominee, and no more 

than three supporting letters describing 

the nominee’s qualifications and 

interest in serving on the Committee. 

Self-nominations are acceptable. The 

following contact information should 

accompany each nominee’s submission: 

name, address, telephone number, fax 

number, and email address (if 

available). 

Nominations should be sent to (see 

ADDRESSES) and must be received by 

February 11, 2013. The full text of the 

Committee Charter and its current 

membership can be viewed at the 


wreier-aviles on DSK5TPTVN1PROD with 
2256 Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Notices 

NMFS’ web page at 

www.nmfs.noaa.gov/mafac.htm. 

Dated: January 4, 2013. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, performing the 

functions and duties of the Assistant 

Administrator for Fisheries, National Marine 

Fisheries Service. 

[FR Doc. 2013–00346 Filed 1–9–13; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

United States Patent and Trademark 

Office 

[Docket No.: PTO–P–2012–0055] 

Extension of the Extended Missing 

Parts Pilot Program 

AGENCY: United States Patent and 

Trademark Office, Commerce. 

ACTION: Notice. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO) 

implemented a pilot program (Extended 

Missing Parts Pilot Program) in which 

an applicant, under certain conditions, 

can request a twelve-month time period 

to pay the search fee, the examination 

fee, any excess claim fees, and the 

surcharge (for the late submission of the 

search fee and the examination fee) in 

a nonprovisional application. The 

Extended Missing Parts Pilot Program 

benefits applicants by permitting 

additional time to determine if patent 

protection should be sought—at a 

relatively low cost—and by permitting 

applicants to focus efforts on 

commercialization during this period. 

The Extended Missing Parts Pilot 

Program benefits the USPTO and the 

public by adding publications to the 

body of prior art, and by removing from 

the USPTO’s workload those 

nonprovisional applications for which 

applicants later decide not to pursue 

examination. The USPTO is extending 

the Extended Missing Parts Pilot 

Program until December 31, 2013, to 

better gauge whether the Extended 

Missing Parts Program offers sufficient 

benefits to the patent community for it 

to be made permanent. 

DATES: Duration: The Extended Missing 

Parts Pilot Program will run through 

December 31, 2013. Therefore, any 

certification and request to participate 

in the Extended Missing Parts Pilot 

Program must be filed before December 

31, 2013. The USPTO may further 

extend the pilot program (with or 

without modifications) depending on 

the feedback received and the continued 

effectiveness of the pilot program. 

FOR FURTHER INFORMATION CONTACT: 

Eugenia A. Jones, Senior Legal Advisor, 

Office of Patent Legal Administration, 

Office of the Deputy Commissioner for 

Patent Examination Policy, by telephone 

at (571) 272–7727, or by mail addressed 

to: Mail Stop Comments—Patents, 

Commissioner for Patents, P.O. Box 

1450, Alexandria, VA 22313–1450, 

marked to the attention of Eugenia A. 

Jones. 

Inquiries regarding this notice may be 

directed to the Office of Patent Legal 

Administration, by telephone at (571) 

272–7701, or by electronic mail at 

PatentPractice@uspto.gov. 

SUPPLEMENTARY INFORMATION: The 

USPTO implemented a change to 

missing parts practice in certain 

nonprovisional applications as a pilot 

program (i.e., Extended Missing Parts 

Pilot Program) after considering written 

comments from the public. See Pilot 

Program for Extended Time Period To 

Reply to a Notice to File Missing Parts 

of Nonprovisional Application, 75 FR 

76401 (Dec. 8, 2010), 1362 Off. Gaz. Pat. 

Office 44 (Jan. 4, 2011). The USPTO 

extended the Extended Missing Parts 

Pilot Program until December 31, 2012. 

See Extension of the Extended Missing 

Parts Pilot Program, 76 FR 78246 (Dec. 

16, 2011), 1374 Off. Gaz. Pat. Office 113 

(Jan. 10, 2012). 

The USPTO is extending the 

Extended Missing Parts Pilot Program 

until December 31, 2013. The USPTO 

may further extend the Extended 

Missing Parts Pilot Program, or may 

discontinue the pilot program after 

December 31, 2013, depending on the 

results of the program. The 

requirements of the program are 

reiterated below. Applicants are 

strongly cautioned to review the pilot 

program requirements before making a 

request to participate in the Extended 

Missing Parts Pilot Program. 

The USPTO cautions all applicants 

that, in order to claim the benefit of a 

prior provisional application, the statute 

requires a nonprovisional application 

filed under 35 U.S.C. 111(a) to be filed 

within twelve months after the date on 

which the corresponding provisional 

application was filed. See 35 U.S.C. 

119(e). It is essential that applicants 

understand that the Extended Missing 

Parts Pilot Program cannot and does not 

change this statutory requirement. 

I. Requirements: In order for an 

applicant to be provided a twelvemonth (non-extendable) time period to 

pay the search and examination fees and 

any required excess claims fees in 

response to a Notice to File Missing 

Parts of Nonprovisional Application 

under the Extended Missing Parts Pilot 

Program, the applicant must satisfy the 

following conditions: (1) Applicant 

must submit a certification and request 

to participate in the Extended Missing 

Parts Pilot Program with the 

nonprovisional application on filing, 

preferably by using Form PTO/AIA/421 

titled ‘‘Certification and Request for 

Extended Missing Parts Pilot Program;’’ 

(2) the application must be an original 

(i.e. not a Reissue) nonprovisional 

utility or plant application filed under 

35 U.S.C. 111(a) within the duration of 

the pilot program; (3) the 

nonprovisional application must 

directly claim the benefit under 35 

U.S.C. 119(e) and 37 CFR 1.78 of a prior 

provisional application filed within the 

previous twelve months; the specific 

reference to the provisional application 

must be in an application data sheet 

under 37 CFR 1.76 (see 37 CFR 

1.78(a)(5)); and (4) applicant must not 

have filed a nonpublication request. 

As required for all nonprovisional 

applications, applicant will need to 

satisfy filing date requirements and 

publication requirements. In accordance 

with 35 U.S.C. 122(b), the USPTO will 

publish the application promptly after 

the expiration of eighteen months from 

the earliest filing date to which benefit 

is sought. Therefore, the nonprovisional 

application should also be in condition 

for publication as provided in 37 CFR 

1.211(c). The following are required in 

order for the nonprovisional application 

to be in condition for publication: (1) 

The basic filing fee; (2) the executed 

inventor’s oath or declaration in 

compliance with 37 CFR 1.63 or an 

application data sheet containing the 

information specified in 37 CFR 1.63(b); 

(3) a specification in compliance with 

37 CFR 1.52; (4) an abstract in 

compliance with 37 CFR 1.72(b); (5) 

drawings in compliance with 37 CFR 

1.84 (if applicable); (6) any application 

size fee required under 37 CFR 1.16(s); 

(7) any English translation required by 

37 CFR 1.52(d); and (8) a sequence 

listing in compliance with 37 CFR 

1.821–1.825 (if applicable). The USPTO 

also requires any compact disc 

requirements to be satisfied, and an 

English translation of the provisional 

application to be filed in the provisional 

application if the provisional 

application was filed in a non-English 

language and a translation has not yet 

been filed. If the requirements for 

publication are not met, applicant will 

need to satisfy the publication 

requirements within a two-month 

extendable time period. 

As noted above, applicants should 

request participation in the Extended 

Missing Parts Pilot Program by using 

Form PTO/AIA/421. For utility patent 


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