52650 Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Notices 

Respondents include adults (age 18+) 

who reside in the United States, 

recruited by survey companies that 

maintain large panels of people who 

sign up to complete internet surveys, 

such as Qualtrics and Survey Sampling 

International. Respondents will be 

asked questions about the ways they 

have received, interpreted, and 

responded to NWS information, 

forecasts, and warnings for severe, 

tropical, and winter weather hazards. 

Questions about preparedness for 

specific hazards such as heat waves, 

tornadoes, and drought may also be 

included. This data collection serves 

many purposes, including gaining a 

better understanding of how key factors 

within a given population, or 

organization, vary over time, location, 

and across different groups; the ability 

to detect gradual trends or abrupt 

changes in those factors over time or in 

response to particular events; and the 

potential to explore possible 

correlations and causal relationships 

with other observed variables of 

interest. These data will be used by the 

OSTI in NWS to develop a baseline and 

performance metrics to improve the 

information and services it provides and 

to help members of the weather 

enterprise answer basic questions about 

the people in the communities they 

serve, which is a necessary step towards 

customizing and improving risk 

communication, education, and 

decision support to meet the 

characteristics of the community, 

including those in vulnerable 

populations. The information collected 

will help identify differences and best 

practices between communities and 

assist NWS in developing new 

education and risk communication 

strategies. The survey data and its 

associated dashboard will serve as 

interactive tools to allow NWS 

forecasters, partners, and policymakers 

to access and explore data for training 

and performance evaluation purposes. 

The second proposed collection is 

sponsored through NOAA’s FY2021 

Weather Program Office’s Social Science 

Program, and addresses the Social, 

Behavioral, and Economic Sciences 

(SBES) component of meeting NOAA’s 

Research and Development (R&D) 

Vision Areas (2020–2026) to integrate 

SBES into products, tools, and services 

that improve weather and air quality 

forecasting and societal outcomes. 

This proposal aims to create an online 

survey system for collecting data on the 

publics’ perception and response to four 

different hazards: Tornados, 

thunderstorm winds over 70 miles per 

hour (mph), flash floods, and winter 

weather. The online surveys will be the 

building blocks for a multi-year, crosssectional database on human perception 

and response. The survey system will 

enable individual National Weather 

Service Weather Forecast Offices 

(WFOs) to disseminate Quick Response 

Surveys (QRS) soon after a hazardous 

event occurs to collect perishable data 

on the publics’ perceptions and 

response. Select WFOs will distribute 

the QRSs using web links on NWS 

social media and core partners’ social 

media or email lists. Surveys will ask 

the public questions on timing, location, 

weather information sources, 

motivations and influences for taking 

protective action to gain insights into 

how NWS warning communications 

interact with these factors to result in 

protective action behaviors. 

II. Method of Collection 

For the first collection, the primary 

method of data collection will be a webbased survey interface. Specific 

questions in the surveys determine how 

members of the U.S. public receive, 

comprehend, and respond to severe, 

tropical, and winter weather related 

information. Furthermore, these survey 

items will be translated to Spanish. 

The second collection will include 

online surveys to be implemented and 

aggregated using Qualtrics survey 

software. The surveys will be displayed 

on a desktop, tablet or mobile device 

allowing the public to take the survey 

whenever they have internet access. 

Select WFOs will distribute the QRSs 

using web links on NWS social media 

and core partners’ social media or email 

lists. 

III. Data 

OMB Control Number: 0648–XXXX. 

Form Number(s): None. 

Type of Review: Regular (New 

information collection). 

Affected Public: Individuals or 

households. 

Estimated Number of Respondents: 

101,000. 

Estimated Time per Response: 

Response time varies depending on the 

survey instrument, but the typical 

response time is between 10 and 20 

minutes. 

Estimated Total Annual Burden 

Hours: 7,667. 

Estimated Total Annual Cost to 

Public: None. 

Respondent’s Obligation: Voluntary. 

Legal Authority: 15 U.S.C. Ch. 111, 

Weather Research and Forecasting 

Information. 

IV. Request for Comments 

We are soliciting public comments to 

permit the Department/Bureau to: (a) 

Evaluate whether the proposed 

information collection is necessary for 

the proper functions of the Department, 

including whether the information will 

have practical utility; (b) Evaluate the 

accuracy of our estimate of the time and 

cost burden for this proposed collection, 

including the validity of the 

methodology and assumptions used; (c) 

Evaluate ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and (d) Minimize the 

reporting burden on those who are to 

respond, including the use of automated 

collection techniques or other forms of 

information technology. 

Comments that you submit in 

response to this notice are a matter of 

public record. We will include or 

summarize each comment in our request 

to OMB to approve this ICR. Before 

including your address, phone number, 

email address, or other personal 

identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you may ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Sheleen Dumas, 

Department PRA Clearance Officer, Office of 

the Chief Information Officer, Commerce 

Department. 

[FR Doc. 2021–20513 Filed 9–21–21; 8:45 am] 

BILLING CODE 3510–KE–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB344] 

2022 Annual Determination To 

Implement the Sea Turtle Observer 

Requirement 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of Annual 

Determination of fisheries. 

SUMMARY: National Marine Fisheries 

Service (NMFS) is providing 

notification that the agency will not 

identify additional fisheries to observe 

on the 2022 Annual Determination 

(AD), pursuant to its authority under the 

Endangered Species Act (ESA). Through 

the AD, NMFS identifies U.S. fisheries 

operating in the Atlantic Ocean, Gulf of 

Mexico, and Pacific Ocean that will be 

required to take observers upon NMFS’ 

Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Notices 52651 

request. The purpose of observing 

identified fisheries is to learn more 

about sea turtle bycatch in a given 

fishery, evaluate measures to prevent or 

reduce sea turtle bycatch, and 

implement the prohibition against sea 

turtle takes. Fisheries identified on the 

2018 and 2020 ADs (see Table 1) remain 

on the AD for a 5-year period and are 

required to carry observers upon NMFS’ 

request until December 31, 2022, and 

September 29, 2025, respectively. 

ADDRESSES: Chief, Marine Mammal and 

Sea Turtle Conservation Division, Office 

of Protected Resources, NMFS, 1315 

East-West Highway, Silver Spring, MD 

20910. 

FOR FURTHER INFORMATION CONTACT: 

Jaclyn Taylor, Office of Protected 

Resources, 301–427–8402; Ellen Keane, 

Greater Atlantic Region, 978–282–8476; 

Dennis Klemm, Southeast Region, 727– 

824–5312; Dan Lawson, West Coast 

Region, 206–526–4740; Irene Kelly, 

Pacific Islands Region, 808–725–5141. 

Individuals who use a 

telecommunications device for the 

hearing impaired may call the Federal 

Information Relay Service at 800–877– 

8339 between 8 a.m. and 4 p.m. Eastern 

time, Monday through Friday, excluding 

Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Purpose of the Sea Turtle Observer 

Requirement 

Under the ESA, 16 U.S.C. 1531 et seq., 

NMFS has the responsibility to 

implement programs to conserve marine 

life listed as endangered or threatened. 

All sea turtles found in U.S. waters are 

listed as either endangered or 

threatened under the ESA. Kemp’s 

ridley (Lepidochelys kempii), 

loggerhead (Caretta caretta; North 

Pacific distinct population segment), 

leatherback (Dermochelys coriacea), 

green (Chelonia mydas; Central West 

Pacific and Central South Pacific 

distinct population segments), and 

hawksbill (Eretmochelys imbricata) sea 

turtles are listed as endangered. 

Loggerhead (Northwest Atlantic Ocean 

distinct population segment), green 

(North Atlantic, South Atlantic, Central 

North Pacific, and East Pacific distinct 

population segments), and olive ridley 

(Lepidochelys olivacea) sea turtles are 

listed as threatened, except for breeding 

colony populations of olive ridleys on 

the Pacific coast of Mexico, which are 

listed as endangered. Due to the 

inability to distinguish between 

populations of olive ridley turtles away 

from the nesting beach, NMFS considers 

these turtles endangered when 

encountered in the marine environment. 

While some sea turtle populations have 

shown signs of recovery, many 

populations continue to decline. 

Bycatch in fishing gear is the primary 

anthropogenic source of sea turtle injury 

and mortality in U.S. waters. Section 9 

of the ESA prohibits the take (defined to 

include harassing, harming, pursuing, 

hunting, shooting, wounding, killing, 

trapping, capturing, or collecting or 

attempting to engage in any such 

conduct), including incidental take, of 

endangered sea turtles. Pursuant to 

section 4(d) of the ESA, NMFS has 

issued regulations extending the 

prohibition of take, with exceptions, to 

threatened sea turtles (50 CFR 223.205 

and 223.206). Section 11 of the ESA 

provides for civil and criminal penalties 

for anyone who violates the ESA or a 

regulation issued to implement the ESA. 

NMFS may grant exceptions to the take 

prohibitions with an incidental take 

statement or an incidental take permit 

issued pursuant to ESA section 7 or 10, 

respectively. To do so, NMFS must 

determine that the activity that will 

result in incidental take is not likely to 

jeopardize the continued existence of 

the affected listed species. For some 

Federal fisheries and most state 

fisheries, NMFS has not granted an 

exception for incidental takes of sea 

turtles primarily because we lack 

information about fishery-sea turtle 

interactions. 

For most fisheries, the most effective 

way for NMFS to learn more about 

bycatch in order to implement the take 

prohibitions and prevent or minimize 

take is to place observers aboard fishing 

vessels. In 2007, NMFS issued a 

regulation (50 CFR 222.402) establishing 

procedures to annually identify, 

pursuant to specified criteria and after 

notice and opportunity for comment, 

those fisheries in which the agency 

intends to place observers (72 FR 43176; 

August 3, 2007). These regulations 

specify that NMFS may place observers 

on U.S. fishing vessels, commercial or 

recreational, operating in U.S. territorial 

waters, the U.S. exclusive economic 

zone, or on the high seas, or on vessels 

that are otherwise subject to the 

jurisdiction of the U.S. Failure to 

comply with the requirements under 

this regulation may result in civil or 

criminal penalties under the ESA. 

NMFS will pay the direct costs for 

vessels to carry the required observers. 

These include observer salary and 

insurance costs. NMFS may also 

evaluate other potential direct costs, 

should they arise. Once selected, a 

fishery will be required to carry 

observers, if requested, for a period of 

five years without further action by 

NMFS. This will enable NMFS to 

develop appropriate observer coverage 

and sampling protocols to investigate 

whether, how, when, where, and under 

what conditions sea turtle bycatch is 

occurring and to evaluate whether 

existing measures are minimizing or 

preventing bycatch. 

2022 Annual Determination 

Pursuant to 50 CFR 222.402(a), 

NOAA’s Assistant Administrator for 

Fisheries, in consultation with Regional 

Administrators and Fisheries Science 

Center Directors, annually identifies 

fisheries for inclusion on the AD based 

on the extent to which: 

(1) The fishery operates in the same 

waters and at the same time as sea 

turtles are present; 

(2) The fishery operates at the same 

time or prior to elevated sea turtle 

strandings; or 

(3) The fishery uses a gear or 

technique that is known or likely to 

result in incidental take of sea turtles 

based on documented or reported takes 

in the same or similar fisheries; and 

(4) NMFS intends to monitor the 

fishery and anticipates that it will have 

the funds to do so. 

NMFS is providing notification that 

the agency is not identifying additional 

fisheries to observe on the 2022 AD, 

pursuant to its authority under the ESA. 

NMFS is not identifying additional 

fisheries at this time given lack of 

dedicated resources to implement new 

observer programs or expand existing 

observer programs to focus on sea 

turtles. The two fisheries identified on 

the 2018 AD (see Table 1) will remain 

on the AD for a 5-year period and are 

required to carry observers upon NMFS’ 

request until December 31, 2022. The 

four fisheries identified on the 2020 AD 

(see Table 1) will remain on the AD for 

a 5-year period and are required to carry 

observers upon NMFS’ request until 

September 29, 2025. 

TABLE 1—STATE AND FEDERAL COMMERCIAL FISHERIES INCLUDED ON

THE 2018 AND 2020 ANNUAL DETERMINATIONS

Fishery 

Years 

eligible 

to carry 

observers 

Trawl Fisheries 

Southeastern U.S. Atlantic, Gulf of 

Mexico shrimp trawl ......................... 2020–2025 

Gulf of Mexico mixed species fish 

trawl ................................................. 2020–2025 

Gillnet Fisheries 

Mid-Atlantic gillnet ............................... 2018–2022 

Chesapeake Bay inshore gillnet ......... 2020–2025 

Long Island inshore gillnet .................. 2020–2025 

52652 Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Notices 

1Legal representation before Federal agencies is 

generally governed by the provisions of 5 U.S.C. 

500. That statute, however, provides a specific 

exception for representation in patent matters 

before the USPTO. 5 U.S.C. 500(e). See 35 U.S.C. 

2(b)(2)(D) [formerly 35 U.S.C. 31]. 

TABLE 1—STATE AND FEDERAL COMMERCIAL FISHERIES INCLUDED ON

THE 2018 AND 2020 ANNUAL DETERMINATIONS—Continued 

Fishery 

Years 

eligible 

to carry 

observers 

Pound Net/Weir/Seine Fisheries 

Gulf of Mexico menhaden purse seine 2018–2022 

Dated: September 17, 2021. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2021–20522 Filed 9–21–21; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

[Docket No. PTO–P–2021–0005] 

Administrative Updates to the General 

Requirements Bulletin for Admission 

to the Examination for Registration To 

Practice in Patent Cases Before the 

United States Patent and Trademark 

Office 

AGENCY: United States Patent and 

Trademark Office, Department of 

Commerce. 

ACTION: Notice. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO or Office) 

previously published a notice 

requesting comments on the 

implementation of certain 

administrative updates to the General 

Requirements Bulletin for Admission to 

the Examination for Registration to 

Practice in Patent Cases Before the 

United States Patent and Trademark 

Office (GRB). The USPTO has 

considered the comments and, based on 

the support for the proposals, is 

implementing the updates to the GRB. 

There are three categories of technical 

and scientific qualifications that may 

typically make applicants eligible to sit 

for the registration examination: 

Category A for specified bachelor’s 

degrees, Category B for other bachelor’s 

degrees with technical and scientific 

training, and Category C for practical 

engineering or scientific experience, 

which may be demonstrated by passing 

the Fundamentals of Engineering test. 

Based on the USPTO’s evaluation and 

comments received, the USPTO is 

changing the criteria to: Add common 

Category B degrees to Category A, accept 

advanced degrees (i.e., master’s and 

doctor of philosophy degrees) under 

Category A, and accept a combination of 

core sciences under Category B, Options 

2 and 4, so long as one of the core 

science courses has a lab component. 

DATES: The revised GRB incorporating 

the proposed updates will be published 

and applicable as of September 22, 

2021. 

FOR FURTHER INFORMATION CONTACT: Will 

Covey, Director of the Office of 

Enrollment and Discipline, by telephone 

at 571–272–4097 or by email at oed@

uspto.gov. 

SUPPLEMENTARY INFORMATION: 

Summary 

On March 23, 2021, the Office 

published a request for comments on 

three proposals to change the criteria for 

sitting for the registration examination: 

(1) Adding common Category B degrees 

to Category A, (2) accepting advanced 

degrees (i.e., master’s and doctor of 

philosophy degrees) under Category A, 

and (3) accepting a combination of core 

sciences under Category B, Options 2 

and 4, so long as one of the core science 

courses has a lab component. The Office 

received 32 comments in response to 

this request for comments as of May 24, 

2021 (the closing date for comments). 

An overwhelming majority of the 

comments were supportive of the 

suggested changes. 

This notice provides information 

relating to the implementation of the 

three proposals. 

Background 

The Director of the USPTO is given 

statutory authority to require a showing 

by patent practitioners that they possess 

‘‘the necessary qualifications to render 

applicants or other persons valuable 

service, advice, and assistance in the 

presentation or prosecution of their 

applications or other business before the 

Office.’’ 35 U.S.C. 2(b)(2)(D). The courts 

have determined that the USPTO 

Director bears the primary responsibility 

for protecting the public from 

unqualified practitioners. 

Pursuant to that responsibility, 

USPTO regulations provide that 

registration to practice in patent matters 

before the USPTO requires a 

practitioner to, inter alia, demonstrate 

possession of scientific and technical 

qualifications.1 The role of patent 

practitioners with scientific and 

technical backgrounds in providing full 

and clear patent specifications and 

claims has long been acknowledged. 

The USPTO publishes the GRB, which 

sets forth guidance for establishing 

possession of scientific and technical 

qualifications. The GRB is available at 

www.uspto.gov/sites/default/files/ 

documents/OED_GRB.pdf. 

The GRB lists three categories of 

scientific and technical qualifications 

that typically make one eligible for 

admission to the registration 

examination: (1) Category A for 

specified bachelor’s degrees, (2) 

Category B for other bachelor’s degrees 

with technical and scientific training, 

and (3) Category C for individuals who 

rely on practical engineering or 

scientific experience by demonstrating 

that they have passed the Fundamentals 

of Engineering test. If a candidate for 

registration does not qualify under any 

of the categories listed in the GRB, the 

USPTO will conduct an independent 

review for compliance with the 

scientific and technical qualifications 

pursuant to 37 CFR 11.7(a)(2)(ii). 

The USPTO has evaluated, and 

continues to evaluate, the list of 

typically qualifying training set forth in 

the GRB. These evaluations seek to 

clarify guidance on what will satisfy the 

scientific and technical qualifications 

and to identify possible areas of 

improved administrative efficiency. To 

that end, the USPTO published a notice 

requesting comments on three proposed 

updates to the GRB: (1) Adding common 

Category B degrees to Category A, (2) 

accepting advanced degrees (i.e., 

master’s and doctor of philosophy 

degrees) under Category A, and (3) 

accepting a combination of core 

sciences under Category B, Options 2 

and 4, so long as one of the core science 

courses has a lab component. See 

‘‘Request for Comments on 

Administrative Updates to the General 

Requirements Bulletin for Admission to 

the Examination for Registration to 

Practice in Patent Cases Before the 

United States Patent and Trademark 

Office,’’ 86 FR 15467 (March 23, 2021). 

The USPTO received 32 comments 

from intellectual property organizations, 

universities, industry, a law firm, 

individual patent practitioners, and the 

general public. The USPTO 

acknowledges and appreciates the many 

comments that were submitted from the 

intellectual property community. The 

comments are available at: 

www.regulations.gov/document/PTO-P2021-0005-0001/comment. The USPTO 

has considered the comments, including 

those that raised concerns or provided 

suggestions. The USPTO is 

implementing the proposals as stated in 

the request for comments, and as 

explained below. Additional