Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Notices 57259 

of publication of the preliminary 

determination in the Federal Register), 

but before March 12, 2010. 

This notice constitutes the 

antidumping duty orders with respect to 

MCB from Mexico and the PRC, 

pursuant to section 736(a) of the Act. 

Interested parties may contact the 

Department’s Central Records Unit, 

Room 7046 of the Main Commerce 

Building, for copies of an updated list 

of antidumping duty orders currently in 

effect. 

These orders are issued and 

published in accordance with section 

736(a) of the Act and 19 CFR 351.211(b). 

Dated: September 13, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–23427 Filed 9–17–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XY54 

Atlantic Highly Migratory Species; 

Atlantic Shark Management Measures; 

2011 Research Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of intent; request for 

applications. 

SUMMARY: NMFS announces its request 

for applications for the 2011 shark 

research fishery from commercial shark 

fishermen with a directed or incidental 

limited access permit. The shark 

research fishery allows for the collection 

of fishery-dependent data for future 

stock assessments while also allowing 

NMFS and commercial fishermen to 

conduct cooperative research to meet 

the shark research objectives for the 

Agency. The only commercial vessels 

authorized to land sandbar sharks are 

those participating in the shark research 

fishery. Shark research fishery 

permittees may also land non-sandbar 

large coastal sharks (LCS), small coastal 

sharks (SCS), and pelagic sharks. 

Commercial vessels not participating in 

the shark research fishery may only land 

only non-sandbar LCS, SCS, and pelagic 

sharks. Commercial shark fishermen 

who are interested in participating in 

the shark research fishery need to 

submit a completed Shark Research 

Fishery Permit Application in order to 

be considered. 

DATES: Shark Research Fishery 

Applications must be received no later 

than 5 p.m., local time, on October 20, 

2010. 

ADDRESSES: Please submit completed 

applications to the HMS Management 

Division at: 

• Mail: Attn: Guy DuBeck, HMS 

Management Division (F/SF1), NMFS, 

1315 East-West Highway, Silver Spring, 

MD 20910. 

• Fax: (301) 713–1917 

For copies of the Shark Research 

Fishery Permit Application, please write 

to the HMS Management Division at the 

address listed above, or call (301) 713– 

2347 (phone), or (301) 713–1917 (fax). 

Copies of the Shark Research Fishery 

Application are also available at the 

HMS website at http:// 

www.nmfs.noaa.gov/sfa/hms/index.htm. 

FOR FURTHER INFORMATION CONTACT: 

Karyl Brewster-Geisz or Guy DuBeck, at 

(301) 713–2347 (phone) or (301) 713– 

1917 (fax). 

SUPPLEMENTARY INFORMATION: The 

Atlantic shark fisheries are managed 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act). The Consolidated HMS Fishery 

Management Plan (FMP) is 

implemented by regulations at 50 CFR 

part 635. 

The final rule for Amendment 2 to the 

Consolidated HMS FMP (73 FR 35778, 

June 24, 2008, corrected at 73 FR 40658, 

July 15, 2008) established, among other 

things, a shark research fishery to 

maintain time series data for stock 

assessments and to meet NMFS’ 

research objectives. The shark research 

fishery also allows selected commercial 

fishermen the opportunity to earn 

revenue from selling more sharks, 

including sandbar sharks, than allowed 

outside of the commercial shark fishery. 

Only the commercial shark fishermen 

selected to participate in the shark 

research fishery are authorized to land/ 

harvest sandbar sharks subject to the 

sandbar quota available each year. The 

base quota is 87.9 mt dw per year 

through December 31, 2012, although 

this number may be reduced in the 

event of overharvests, if any. The 

selected shark research fishery 

permittees will also have access to the 

non-sandbar LCS, SCS, and pelagic 

shark quotas. Commercial fishermen not 

participating in the shark research 

fishery may land non-sandbar LCS, SCS, 

and pelagic sharks subject to retention 

limits and quotas per 50 CFR 635.24 and 

635.27, respectively. 

The 2011 trip limits and number of 

trips per month will depend on the 

number of selected vessels, available 

quota, objectives of the research fishery, 

and the actual vessels selected. The trip 

limits and the number of trips taken 

have changed each year the research 

fishery has been active. Participants 

may also be limited on the amount of 

gear they can deploy on a given set (e.g., 

number of hooks, length of longline). In 

2010, selected vessels fishing outside of 

the Mid-Atlantic shark time/area closure 

off the coast of North Carolina were 

allowed a trip limit of 33 sandbar sharks 

and 33 non-sandbar large coastal sharks. 

Selected vessels fishing inside of the 

Mid-Atlantic shark time/area closure off 

the coast of North Carolina until July 31 

were allowed a trip limit of 66 sandbar 

sharks and 33 non-sandbar large coastal 

sharks. The vessels participating in the 

shark research fishery fished an average 

of 1.5 trips per month. 

In order to participate in the shark 

research fishery, commercial shark 

fishermen need to submit a completed 

Shark Research Fishery Application 

showing the vessel and owner(s) meet 

the specific criteria outlined below. 

Research Objectives 

Each year, NMFS determines the 

research objectives for the upcoming 

shark research fishery. The research 

objectives are developed by a shark 

board, which is comprised of 

representatives within NMFS, including 

representatives from the Southeast 

Fisheries Science Center (SEFSC) 

Panama City Laboratory, Northeast 

Fisheries Science Center (NEFSC) 

Narragansett Laboratory, the Southeast 

Regional Office, Protected Species 

Division (SERO\PSD), and the HMS 

Management Division. The research 

objectives for 2011 are similar to the 

research objectives for 2010, and the 

shark board based them on the 

Southeast Data, Assessment and Review 

(SEDAR) 11, 2005/2006 LCS stock 

assessment. The 2011 research 

objectives are: 

• Collect reproductive and age data 

from sandbar sharks throughout the 

calendar year; 

• Collect reproductive and age data 

for blacktip sharks for determination of 

the reproductive cycle (i.e., annual or 

biennial frequency); 

• Collect reproductive and age data 

from all species of sharks for additional 

species-specific assessments; 

• Monitor the size distribution of 

sandbar sharks and other species 

captured in the fishery; 

• Continue on-going tagging 

programs for identification of migration 

corridors and stock structure; 

• Maintain time-series of abundance 

from previously derived indices for the 

shark BLL observer program; 


jdjones on DSK8KYBLC1PROD with NOTICES
57260 Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Notices 

• Acquire fin-clip samples of all 

species for genetic analysis; 

• Attach satellite archival tags to 

endangered smalltooth sawfish to 

provide information on critical habitat 

and preferred depth, consistent with 

ESA requirements for such tagging 

under the SEFSC observer program take 

permit obtained through the 2008 

Section 7 Consultation and Biological 

Opinion (BiOp) for the Continued 

Authorization of Shark Fisheries 

(Commercial Shark Bottom Longline, 

Commercial Shark Gillnet and 

Recreational Shark Handgear Fisheries) 

as Managed under the Consolidated 

Fishery Management Plan for Atlantic 

Tunas, Swordfish, and Sharks 

(Consolidated HMS FMP), including 

Amendment 2 to the Consolidated HMS 

FMP (F/SER/2007/05044); 

• Attach satellite archival tags to 

prohibited dusky sharks and other 

sharks, as needed, to provide 

information on daily and seasonal 

movement patterns, and preferred 

depth; 

• Evaluate hooking mortality and 

survivorship of dusky and other sharks 

using hook timers and temperaturedepth recorders; 

• Evaluate the effects of controlled 

gear experiments in order to determine 

the effects of potential hook changes to 

prohibited species interactions and 

fishery yields; and 

• Examine the size distribution of 

sandbar sharks and other species 

captured in the Mid-Atlantic shark 

time/area closure off the coast of North 

Carolina from January 1 through July 31. 

Selection Criteria 

Shark Research Fishery Permit 

Applications will only be accepted from 

commercial shark fishermen that hold a 

current directed or incidental limited 

access permit. While incidental permit 

holders are welcome to submit an 

application, to ensure that an 

appropriate number of sharks are 

landed/harvested to meet the research 

objectives for this year, NMFS will be 

giving priority to directed permit 

holders. As such, qualified incidental 

permit holders will only be selected if 

there are not enough qualified directed 

permit holders to meet research 

objectives. 

The Shark Research Fishery Permit 

Application includes, but is not limited 

to, a request for the following 

information: type of commercial shark 

permit possessed; past participation in 

the commercial shark fishery (not 

including sharks caught for display); 

past involvement and compliance with 

HMS observer programs per § 635.7; 

past compliance with HMS regulations 

at 50 CFR part 635; availability to 

participate in the shark research fishery; 

ability to fish in the regions and season 

requested; ability to attend necessary 

meetings regarding the objectives and 

research protocols of the shark research 

fishery; and ability to carry out the 

research objectives of the Agency. An 

applicant that has been charged 

criminally or civilly (e.g., issued a 

Notice of Violation and Assessment 

(NOVA) or Notice of Permit Sanction) 

for any HMS-related violation will not 

be considered for participation in the 

shark research fishery. In addition, 

applicants who were selected to carry 

an observer in the previous 2 years for 

any HMS fishery, but failed to 

communicate with NMFS observer 

programs in order to arrange the 

placement of an observer before 

commencing any fishing trip that would 

have resulted in the incidental catch or 

harvest of any Atlantic HMS, per 

§ 635.7, will not be considered for 

participation in the 2010 shark research 

fishery. Applicants who were selected 

to carry an observer in the previous 2 

years for any HMS fishery and failed to 

comply with all the observer regulations 

per § 635.7, including failure to provide 

adequate sleeping accommodations per 

§ 635.7(e)(1), a sufficiently sized 

survival craft per § 600.746(f)(6), or 

failure to pass a USCG safety 

examination per § 600.746(c)(2) will 

also not be considered. Exceptions will 

be made for vessels that were selected 

for HMS observer coverage but did not 

fish in the quarter when selected. 

Applicants that do not possess a valid 

Unites States Coast Guard (USCG) safety 

inspection decal when the application is 

submitted will not be considered. 

Applicants that have been noncompliant with any of the HMS observer 

program regulations in the previous 2 

years, as described above, may be 

eligible for future participation in shark 

research fishery activities by 

demonstrating 2 subsequent years of 

compliance with observer regulations at 

§ 635.7. 

Selection Process 

The HMS Management Division will 

review all submitted applications that 

are deemed complete and develop a list 

of qualified applicants. A qualified 

applicant is an applicant that has 

submitted a complete application and 

has met the selection criteria. Qualified 

applicants are eligible to be selected to 

participate in the shark research fishery 

for 2011. The HMS Management 

Division will provide the list of 

qualified applicants without 

identification information to the SEFSC. 

The SEFSC will then evaluate the list of 

qualified applicants and, based on the 

temporal and spatial needs of the 

research objectives, the availability of 

qualified applicants, and the available 

quota for a given year, will randomly 

select approximately 10 qualified 

applicants to conduct the prescribed 

research. Where there are multiple 

qualified applicants that meet the 

criteria, permittees will be randomly 

selected through a lottery system. If a 

public meeting is deemed necessary, 

NMFS will announce details of a public 

selection meeting in a subsequent 

Federal Register notice. 

Once the selection process is 

complete, NMFS will notify the selected 

applicants and issue the shark research 

fishery permits. If needed, NMFS will 

communicate with the shark research 

fishery permit holders to arrange a 

captain’s meeting to discuss the 

research objectives and protocols. The 

shark research fishery permit holders 

must contact the NMFS observer 

coordinator to arrange the placement of 

a NMFS-approved observer for each 

shark research trip. 

A shark research fishery permit will 

only be valid for the vessel and owner(s) 

and terms and conditions listed on the 

permit, and thus, cannot be transferred 

to another vessel or owner(s). Issuance 

of a shark research permit does not 

guarantee that the permit holder will be 

assigned a NMFS-approved observer on 

any particular trip. Rather, issuance 

indicates that a vessel may be issued a 

NMFS-approved observer for a 

particular trip, and on such trips, may 

be allowed to harvest Atlantic sharks, 

including sandbar sharks, in excess of 

the retention limits described in 

§ 635.24(a). These retention limits will 

be based on available quota, number of 

vessels participating in the 2011 shark 

research fishery, the research objectives 

set forth by the shark board, and may 

vary by vessel and/or location. When 

not operating under the auspices of the 

shark research fishery, the vessel would 

still be able to land non-sandbar, SCS, 

and pelagic sharks subject to existing 

retention limits on trips without a 

NMFS-approved observer. The shark 

research permit may be revoked or 

modified at any time and does not 

confer the right to engage in activities 

beyond those listed on the shark 

research fishery permit. 

Commercial shark permit holders 

(directed and incidental) are invited to 

submit an application to participate in 

the shark research fishery on an annual 

basis. Permit applications can be found 

on the HMS Management Division’s 

website at http://www.nmfs.noaa.gov/ 

sfa/hms/index.htm or by calling (301) 

713–2347. Final decisions on the 


jdjones on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Notices 57261 

issuance of a shark research fishery 

permit will depend on the submission 

of all required information, and NMFS’ 

review of applicant information as 

outlined above. The 2011 shark research 

fishery will start after the opening of the 

shark fishery and under available quotas 

as published in a separate Federal 

Register final rule. 

Dated: September 15, 2010. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–23442 Filed 9–17–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–552–801] 

Certain Frozen Fish Fillets From the 

Socialist Republic of Vietnam: 

Correction of Date for the Extension of 

Time Limit for Preliminary Results of 

the Seventh Antidumping Duty New 

Shipper Reviews 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: September 20, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Alan Ray, AD/CVD Operations, Office 9, 

Import Administration, International 

Trade Administration, U.S. Department 

of Commerce, 14th Street and 

Constitution Avenue, NW., Washington, 

DC 20230; telephone: (202) 482–5403. 

Correction of the Extension of Time 

Limits for Preliminary Results 

On August 9, 2010, the Department of 

Commerce (‘‘Department’’) published in 

the Federal Register a notice of 

extension of time limit for preliminary 

results of the seventh antidumping duty 

new shipper reviews for certain frozen 

fish fillets from the Socialist Republic of 

Vietnam covering the period August 1, 

2009, through February 15, 2010. See 

Certain Frozen Fish Fillets From the 

Socialist Republic of Vietnam: 

Extension of Time Limit for Preliminary 

Results of Antidumping Duty New 

Shipper Reviews, 74 FR 74441 (August 

9, 2010). The Federal Register notice 

incorrectly stated that the preliminary 

results are currently due on January 17, 

2010. The correct due date for the 

preliminary results is actually January 

17, 2011. 

This notice is published in 

accordance with section 751(a)(2)(B)(iv) 

and 777(i) of the Act. 

Dated: September 10, 2010. 

Susan H. Kuhbach, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2010–23351 Filed 9–17–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

United States Patent and Trademark 

Office 

[Docket No. PTO–P–2010–0066] 

Request for Comments on 

Incentivizing Humanitarian 

Technologies and Licensing Through 

the Intellectual Property System 

AGENCY: United States Patent and 

Trademark Office, Commerce. 

ACTION: Request for comments. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO) is 

considering pro-business strategies for 

incentivizing the development and 

widespread distribution of technologies 

that address humanitarian needs. One 

proposal being considered is a fast-track 

ex parte reexamination voucher pilot 

program to create incentives for 

technologies and licensing behavior that 

address humanitarian needs. Because 

patents under reexamination are often 

the most commercially significant 

patents, a fast-track reexamination 

proceeding would allow patent owners 

to more readily and less expensively 

affirm the validity of their patents. 

Therefore, the opportunity to utilize a 

voucher for a fast-track reexamination 

proceeding could provide a valuable 

incentive for entities to pursue 

humanitarian technologies or licensing. 

The USPTO is requesting comments 

from the public regarding this proposal 

as well as other incentive proposals set 

forth in this notice. 

DATES: Comment Deadline Date: To be 

ensured of consideration, written 

comments must be received on or before 

November 19, 2010. No public hearing 

will be held. 

ADDRESSES: Written comments should 

be sent by electronic mail message over 

the Internet addressed to 

HumanitarianProgram@uspto.gov. 

Comments may also be submitted by 

mail addressed to: Mail Stop 

Comments—Patents, Commissioner for 

Patents, P.O. Box 1450, Alexandria, VA 

22313–1450, marked to the attention of 

Joni Y. Chang. Although comments may 

be submitted by mail, the USPTO 

prefers to receive comments via the 

Internet. 

The written comments will be 

available for public inspection at the 

Office of the Commissioner for Patents, 

located in Madison East, Tenth Floor, 

600 Dulany Street, Alexandria, Virginia, 

and will be available via the USPTO’s 

Internet Web site (address: http:// 

www.uspto.gov). Because comments will 

be made available for public inspection, 

information that is not desired to be 

made public, such as an address or 

phone number, should not be included 

in the comments. 

FOR FURTHER INFORMATION CONTACT: 

Robert A. Clarke (at 571–272–7735) or 

Joni Y. Chang (at 571–272–7720), Office 

of Patent Legal Administration, Office of 

the Associate Commissioner for Patent 

Examination Policy. Inquiries regarding 

the current reexamination practice may 

be directed to the Office of Patent Legal 

Administration, by telephone at (571) 

272–7703, or by electronic mail at 

PatentPractice@uspto.gov. 

Inquiries regarding electronic filings 

should be directed to the Patents 

Electronic Business Center (EBC) at 

866–217–9197. 

SUPPLEMENTARY INFORMATION: The 

USPTO is considering a fast-track ex 

parte reexamination voucher pilot 

program as an incentive to stimulate 

technology creation or licensing that 

addresses humanitarian needs. Under 

the proposed pilot program, a fast-track 

ex parte reexamination voucher would 

be offered to patent holders 

demonstrating humanitarian uses of 

patented technologies. This voucher 

could then be used on any patent owned 

by the patent holder or transferred on 

the open market. The U.S. Food and 

Drug Administration (FDA) currently 

has a similar voucher program for fasttrack review in place. Under this 

program, the FDA awards priority 

review vouchers to entities that develop 

drugs to treat neglected tropical 

diseases. Recent legislative proposals 

such as the Creating Hope Act, S. 3697 

(2010), on rare childhood diseases 

shows a desire on the part of Congress 

to expand such efforts. The USPTO is 

also exploring ideas for other strategies 

that would use the patent system to 

incentivize activity addressing 

humanitarian needs. 

Fast-track ex parte reexamination 

proceedings would be given the highest 

priority, such that an examiner would 

take any necessary action in a 

reexamination proceeding as if the 

proceeding were the next item in the 

examiner’s queue. In addition, the 

USPTO would accelerate the time for 

which fast-track ex parte reexamination 

proceedings are handled by the USPTO 

(i.e., examiner and the Board of Patent 


jdjones on DSK8KYBLC1PROD with NOTICES