33416 Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Notices 

Cornell Cooperative Extension of 

Suffolk County (CCE) warrants further 

consideration and should be issued for 

public comment. The EFP would 

exempt participating vessels from 

summer flounder size restrictions and 

summer flounder minimum mesh size 

regulations. The Assistant Regional 

Administrator has also made a 

preliminary determination that the 

activities authorized under the EFP 

would be consistent with the goals and 

objectives of the Summer Flounder, 

Scup, and Black Sea Bass Fishery 

Management Plan (FMP). However, 

further review and consultation may be 

necessary before a final determination is 

made. 

DATES: Comments must be received on 

or before July 28, 2009. 

ADDRESSES: Comments may be 

submitted by e–mail to: 

nero.efp@noaa.gov. Include in the 

subject line of the e–mail comment the 

following document identifier: 

‘‘Comments on CCE Inshore Fluke 

Discard EFP.’’ Written comments should 

be sent to Patricia A. Kurkul, Regional 

Administrator, NMFS, Northeast 

Regional Office, 55 Great Republic 

Drive, Gloucester, MA 01930. Mark the 

outside of the envelope, ‘‘Comments on 

CCE Inshore Fluke Discard EFP.’’ 

Comments may also be sent via 

facsimile (fax) to (978) 281–9135. 

FOR FURTHER INFORMATION CONTACT: 

Anna Macan, Fishery Management 

Specialist, phone: 978–281–9165, fax: 

978–281–9135. 

SUPPLEMENTARY INFORMATION: In 2007, 

the Science and Research Director for 

NMFS’s Northeast Fisheries Science 

Center selected the proposal submitted 

by the CCE under the Summer 

Flounder, Scup, and Black Sea Bass 

Research Set–Aside (RSA) titled: 

‘‘Evaluation of Summer Flounder 

Discard Mortality in the Bottom Trawl 

Fishery.’’ The research was conducted 

to improve and enhance fishery 

information relative of discard mortality 

of summer flounder in the bottom trawl 

fishery. An extension to utilize available 

funds was granted to CCE, so an EFP to 

conduct additional research trips is 

being requested. 

This EFP would allow for additional 

research trips to further enhance the 

existing data on mortality of trawl– 

caught summer flounder. The research 

would be carried out from July 2009 

through July 2010, up to a total of 10 

research trips, and would be in 

conjunction with normal fishing 

operations of the mixed trawl fishery. 

Only one vessel would be used for each 

trip, but up to six vessels could be used, 

depending on availability. Vessels 

would be compensated to make three 

specific tows for summer flounder to 

assess trawl mortality. Duration of these 

tows would be 1, 2, and 3 hours. 

Summer flounder from each tow would 

be culled and sorted between live and 

dead. Sorting would occur at 

predetermined time intervals until the 

deck is cleared of fish. The fish would 

then be weighed and, as time allows, 

scale and otolith samples from both 

groups would be collected. The research 

trips would be conducted inshore along 

the coast of southern Long Island from 

Jones Inlet to Montauk Point, reaching 

depths of 240 ft (73 m). Areas sampled 

would include NMFS statistical areas 

611, 612, and 613. In order to conduct 

the research, the vessels would need 

exemptions from the summer flounder 

minimum fish size and mesh size 

regulations at §§ 648.103 and 

648.104(a)(1), respectively. These 

exemptions are needed to retain the fish 

on deck for the purpose of scientific 

research. Additionally, since the 

research trips may be conducted during 

a commercial squid trip, an exemption 

from the summer flounder minimum 

mesh size regulation is also needed in 

order for the vessels to retain more than 

the incidental limit of 100 lb (45.4 kg) 

of summer flounder. After the research, 

is conducted the fish would be returned 

to sea, unless the vessel is currently 

allocated 2009 research set– aside and 

has been issued a current and separate 

EFP to harvest research set–aside quota. 

Regulations under the Magnuson 

ndash;Stevens Fishery Conservation and 

Management Act require publication of 

this notification to provide interested 

parties the opportunity to comment on 

applications for proposed EFPs. The 

applicant may place requests for 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 minimal so as 

not to change the scope or impact of the 

initially approved EFP request. 

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

Dated: July 8, 2009. 

Kristen C. Koch 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–16528 Filed 7–10–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

[Docket No. PTO–T–2009–0026] 

Trademark Examination Guides 01–09 

and 02–09 on Deceptiveness Refusals 

AGENCY: United States Patent and 

Trademark Office, Commerce. 

ACTION: Notice 

SUMMARY: The United States Patent and 

Trademark Office (‘‘USPTO’’ or 

‘‘Office’’) is publishing two Trademark 

Examination Guides (‘‘Guides’’) 

regarding deceptiveness refusals for 

non-geographic and geographic marks. 

These Guides, issued on May 11, 2009, 

are being published to give members of 

the public notice of them in addition to 

the notice already provided on the 

USPTO’s Web site. Members of the 

public may submit comments regarding 

the Guides. Comments will be given 

consideration in connection with 

developing future examination guidance 

dealing with the subjects of the Guides. 

ADDRESSES: The Office prefers that any 

comments be submitted via electronic 

mail message to 

TMFRNotices@uspto.gov. Written 

comments may also be submitted by 

mail addressed to: Commissioner for 

Trademarks, P.O. Box 1451, Alexandria, 

VA 22313–1451, marked to the attention 

of Cynthia C. Lynch; or by hand 

delivery to the Trademark Assistance 

Center, Concourse Level, James Madison 

Building—East Wing, 600 Dulany Street, 

Alexandria, Virginia, marked to the 

attention of Cynthia C. Lynch. 

The comments will be available for 

public inspection on the Office’s Web 

site at http://www.uspto.gov and will 

also be available at the Office of the 

Commissioner for Trademarks, Madison 

East, Tenth Floor, 600 Dulany Street, 

Alexandria, Virginia. 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: 

Cynthia C. Lynch, Office of the Deputy 

Commissioner for Trademark 

Examination Policy, by electronic mail 

at: cynthia.lynch@uspto.gov; or by mail 

addressed to: Commissioner for 

Trademarks, P.O. Box 1451, Alexandria, 

VA 22313–1451, marked to the attention 

of Cynthia C. Lynch. 

SUPPLEMENTARY INFORMATION: On May 

11, 2009, the Office issued Examination 

Guides 01–09 and 02–09 regarding 

examination procedures for marks that 

may be deceptive under either section 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Notices 33417 

2(a) or section 2(e)(3). Section 2(a) of the 

Trademark Act, 15 U.S.C. 1052(a), 

prohibits, inter alia, the registration of 

deceptive matter. Section 2(e)(3) of the 

Trademark Act, 15 U.S.C. 1052(e)(3), 

prohibits the registration of primarily 

geographically deceptively 

misdescriptive marks. Each Guide 

reviews and discusses case law 

regarding: (1) The elements of the 

refusal; (2) evidentiary issues with 

respect to the refusal; and (3) 

procedures for issuing refusals. The 

Guides may be found on the Office’s 

Web site at: http://www.uspto.gov/web/ 

offices/tac/notices/notices.htm. 

The purpose of these Guides is to 

promote consistency in examination 

and to provide guidance to examining 

attorneys regarding when deceptiveness 

refusals must be issued. These Guides 

do not constitute substantive 

rulemaking and hence do not have the 

force and effect of law. They have been 

developed as a matter of internal Office 

management and are not intended to 

create any right or benefit, substantive 

or procedural, enforceable by any party 

against the Office. To the extent that 

earlier guidance from the Office, 

including certain sections of the 

Trademark Manual of Examining 

Procedure (TMEP), 5th edition, is 

inconsistent with the guidance set forth 

in the Guides, Office personnel are to 

follow the Guides. The next revision of 

the TMEP will be updated accordingly. 

Any member of the public may 

submit written comments on either or 

both of the Guides. The Office will 

consider any comments received in 

connection with developing future 

examination guidance dealing with the 

subjects of the Guides. Persons 

submitting comments should note that 

the USPTO does not plan to provide a 

response to or analysis of any 

comments, as these Guides are not 

notices of proposed rulemaking. 

Dated: July 6, 2009. 

John J. Doll, 

Acting Under Secretary of Commerce for 

Intellectual Property and Acting Director of 

the United States Patent and Trademark 

Office. 

[FR Doc. E9–16424 Filed 7–10–09; 8:45 am] 

BILLING CODE 3510–16–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Proposed Extension of Approval of 

Information Collection; Comment 

Request-Safety Standard for WalkBehind Power Lawn Mowers 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: As required by the Paperwork 

Reduction Act (44 U.S.C. Chapter 35), 

the Consumer Product Safety 

Commission (CPSC or Commission) 

requests comments on a proposed 

request for an extension of approval of 

a collection of information from 

manufacturers and importers of walkbehind power lawn mowers. This 

collection of information consists of 

testing and recordkeeping requirements 

in certification regulations 

implementing the Safety Standard for 

Walk-Behind Power Lawn Mowers (16 

CFR Part 1205). The Commission will 

consider all comments received in 

response to this notice before requesting 

an extension of approval of this 

collection of information from the Office 

of Management and Budget (OMB). 

DATES: The Office of the Secretary must 

receive written comments not later than 

September 11, 2009. 

ADDRESSES: Written comments should 

be captioned ‘‘Walk-Behind Power 

Lawn Mowers’’ and sent by e-mail to 

cpsc-os@cpsc.gov. Written comments 

may also be sent to the Office of the 

Secretary by facsimile at (301) 504– 

0127, or by mail to the Office of the 

Secretary, Consumer Product Safety 

Commission, Room 502, 4330 East-West 

Highway, Bethesda, MD 20814. 

FOR FURTHER INFORMATION CONTACT: For 

information about the proposed 

collection of information call or write 

Linda Glatz, Division of Policy and 

Planning, Office of Information 

Technology and Technology Services, 

Consumer Product Safety Commission, 

4330 East-West Highway, Bethesda, MD 

20814; telephone: (301) 504–7671 or by 

e-mail to lglatz@cpsc.gov. 

SUPPLEMENTARY INFORMATION: In 1979, 

the Commission issued the Safety 

Standard for Walk-Behind Power Lawn 

Mowers (16 CFR Part 1205) under 

provisions of the Consumer Product 

Safety Act (CPSA) (15 U.S.C. 2051 et 

seq.) to eliminate or reduce risks of 

amputations, avulsions, lacerations, and 

other serious injuries which have 

resulted from the accidental contact of 

some part of an operator’s body with the 

rotating blade of a power lawn mower. 

The standard contains performance and 

labeling requirements for walk-behind 

power lawn mowers to address risks of 

blade-contact injuries. 

A. Certification Requirements 

Section 14(a) of the CPSA (15 U.S.C. 

2063(a)) requires manufacturers, 

importers, and private labelers of a 

consumer product subject to a consumer 

product safety standard under the CPSA 

or similar rule, ban, standard, or 

regulation under any other act enforced 

by the Commission to issue a certificate 

stating that the product complies with 

all applicable rules, bans, standards or 

regulations. Section 14(a) of the CPSA 

also requires that the certificate of 

compliance must be based on a test of 

each product or upon a reasonable 

testing program and specify each such 

rule, ban, standard or regulation 

applicable to the product. 

Section 14(b) of the CPSA (15 U.S.C. 

2063(b)) authorizes the Commission to 

issue regulations to prescribe a 

reasonable testing program to support 

certificates of compliance with a 

consumer product safety standard under 

the CPSA or similar rule, ban, standard, 

or regulation under any other act 

enforced by the Commission. Section 

16(b) of the CPSA (15 U.S.C. 2065(b)) 

authorizes the Commission to issue 

rules to require that firms ‘‘establish and 

maintain’’ records to permit the 

Commission to determine compliance 

with rules issued under the authority of 

the CPSA. 

The Commission has issued 

regulations prescribing requirements for 

a reasonable testing program to support 

certificates of compliance with the 

standard for walk-behind power mowers 

under the CPSA. These regulations also 

require manufacturers, importers, and 

private labelers of walk-behind power 

mowers to establish and maintain 

records to demonstrate compliance with 

the requirements for testing to support 

certification of compliance. 16 CFR Part 

1205, Subpart B. 

The Commission uses the information 

compiled and maintained by 

manufacturers and importers of walkbehind power mowers to protect 

consumers from risks of injuries 

associated with walk-behind power 

lawn mowers. More specifically, the 

Commission uses this information to 

determine whether the mowers 

produced and imported comply with 

the applicable standard. The 

Commission also uses this information 

to obtain corrective actions if walkbehind power mowers fail to comply 

with the standard in a manner which 

creates a substantial risk of injury to the 

public. 

OMB approved the collection of 

information requirements for walkbehind mowers under control number 

3041–0091. OMB’s most recent 

extension of approval will expire on 

September 30, 2009. The Commission 

proposes to request an extension of 

approval for these collection of 

information requirements. 

mstockstill on DSKH9S0YB1PROD with NOTICES