        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 660
        [Docket No. 010108-006-1006-01; I.D.; 120700A]
        RIN 0648-AO97
        Fisheries off West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; Advanced Notice of Proposed Rulemaking including a Control Date

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Advanced notice of proposed rulemaking regarding fixed-gear sablefish harvest; notice of control date; request for comments.

          SUMMARY:
          The Pacific Fishery Management Council (Council) has recommended to the Secretary of Commerce (Secretary), management measures which would allow permit owners to register multiple limited entry fixed-gear permits with sablefish endorsements to a single vessel (permit stacking), beginning with the 2001 regular nontrawl sablefish fishery.    -
          As part of a permit stacking program, the Council proposes to restrict persons from owning more than three limited entry permits with sablefish endorsements; to allow limited entry permits with sablefish endorsements to be owned only by individuals, not corporations or other business entities; and to require permit owners to be on board a vessel to which a sablefish permit is registered when it is participating in the fishery.  However, owners of permits as of November 1,2000, are proposed to be exempt from these restrictions.  Persons holding more than three permits on November 1, 2000, would not be allowed to accumulate more permits, but neither would they be required to sell their excess permits.   -
          To inform the industry that it was proposing permit  restrictions applicable to permits acquired after November 1, 2000, the Council recommended that NMFS announce November 1, 2000, as a control date.  This control date is intended to provide notification of the Council’s intent and to discourage: persons from accumulating permits above the limit;  individual permit owners from incorporating or becoming partnerships; and increases in absentee permit ownership, before the permit stacking regulations become effective.

          DATES:
          Comments may be submitted in writing by May 3, 2001.

          ADDRESSES:
          Comments may be mailed to Jim Lone, Chairman, Pacific Fishery Management Council, 2130 SW Fifth Avenue, Suite 224, Portland, OR 97201.

          FOR FURTHER INFORMATION CONTACT:
          The Pacific Fishery Management Council at 503-326-6352; or William Robinson at 206-526-6140; or Svein Fougner at 562-980-4000.

        SUPPLEMENTARY INFORMATION:
        The U.S. groundfish fisheries off the Washington, Oregon, and California coasts are managed pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) (16 U.S.C. 1801-1883) and the Pacific Coast Groundfish Fishery Management Plan (FMP).  Regulations implementing the FMP appear at 50 CFR part 660 subpart G. -
        Overcapitalization in the groundfish fishery has undermined the effectiveness of some existing management measures.  Reducing capacity in the fishery is necessary to reduce overfishing, minimize bycatch and improve the economic outlook for the West Coast fishing industry. The recommended management scheme is designed to reduce capacity in the limited entry fixed-gear sablefish portion of the groundfish fishery. -
        The primary limited entry fixed-gear sablefish fishery includes the regular season during which most of the limited entry fixed-gear sablefish harvest is taken, and the mop-up fishery.  Each fixed-gear permit with a sablefish endorsement is assigned to one of three tiers for the regular nontrawl limited entry sablefish season.  The tier that a permit is assigned to determines the amount of catch that may landed from the vessel to which it is registered.  If multiple permits are registered to a single vessel, fishers would be allowed to harvest the full amount allocated to each of the permits registered to the vessel.  -
        Fixed-gear permit stacking was recommended as a capacity reduction measure in the Groundfish Strategic Plan which the Council adopted at its September 2000 meeting.  The Council distributed preliminary analysis on permit stacking to the public at the Council's September 2000 meeting and encouraged the public to provide comments.  A more detailed regulatory analysis was available to the public and the Council prior to the Council's November 2000 meeting.  The Council reviewed permit stacking and held a public hearing during the Council's November meeting.  Following public testimony and discussion, the Council adopted a permit stacking program with the intention of having a program in place for the 2001 regular nontrawl sablefish fishery.   -
        As part of the permit stacking program, the Council proposes to restrict persons from owning more than three limited entry permits with sablefish endorsements; to allow limited entry permits with sablefish endorsements to be owned only by individuals, not corporations or other business entities; and to require permit owners to be on board a vessel to which a sablefish permit is registered when it is fishing.  However, owners of permits as of November 1, 2000, are proposed to be exempt from these restrictions.  -
        To inform the industry that it proposing future ownership restrictions, applicable to permits assigned after November 1, 2000, the Council recommended that NMFS announce a control date of November 1, 2000.  This control date is intended to provide notification of the Council's intent, discourage persons from accumulating permits above the limit; and  individual permit owners from incorporating or becoming partnerships.  increases in absentee permit ownership, before the permit stacking regulations become effective.  The Council also proposes to restrict at-sea processing of sablefish except for vessels that can demonstrate fixed-gear landings of at least 2,000 lb (907 kg) of frozen sablefish from Council-managed fisheries in 1998, 1999, or 2000. -
        To limit the concentration of permit ownership, and thus harvest privileges, in the fishery, no person would be allowed to accumulate more than three limited entry fixed-gear permits with sablefish endorsements unless that person owned them on November 1, 2000.  Persons holding more than three limited entry fixed-gear permits with sablefish endorsements on November 1, 2000, would not be allowed to accumulate more permits, but neither would they be required to sell their excess permits. -
        Corporations and partnerships owning limited entry fixed-gear permits with sablefish endorsements on November 1, 2000, could continue to own the permits as corporations and partnerships.  However, corporations or partnership that acquire permits after November 1, 2000, would likely be restricted from participating in the fishery when a permit stacking program is implemented.  Exemptions for a particular corporation or partnership that owned permits on November 1, 2000, would cease with a change in the identity of that corporation or partnership.  -

        Owners of limited entry fixed-gear permits with sablefish endorsements on November 1, 2000, would be allowed to operate without the owner of the permit on board the vessel during the regular nontrawl sablefish fishery.  However, individuals acquiring permits after November 1, 2000, would be required to have the permit owner on board the vessel while participating in the fishery when a permit stacking program is implemented.   -

        The Council will soon submit the program and the supporting documents to the Secretary for review, approval, and implementation under the Magnuson-Stevens Act.  Once the Secretary has received the documents from the Council, he will publish a notice of availability of an FMP amendment and proposed regulations in the Federal Register, and seek public comment, before deciding whether to approve or disapprove the program.  This advanced notice of proposed rulemaking has been determined to be not significant for the purpose of Executive Order 12866.

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

          Dated: March 28, 2001.
          Clarence Pautzke,
          Acting Assistant Administrator for Fisheries, National Marine Fisheries Service.

      [FR Doc. 01-8167 Filed 4-2-01; 8:45 am]
      BILLING CODE  3510-22-S


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 622
        [I.D. 043001D]
        South Atlantic Fishery Management Council; Public Meetings

          AGENCY:
           National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration, Commerce.

          ACTION:
           Notice of public hearings.

          SUMMARY:
           The South Atlantic Fishery Management Council (Council) will hold seven public hearings in May and June 2001 to gather public input regarding proposed management measures for its draft Amendment 5 to the Fishery Management Plan for the Shrimp Fishery of the South Atlantic Region (FMP).

          DATES:

           The public hearings will be held in May and June 2001. Written comments must be received in the Council office by May 29, 2001. See SUPPLEMENTARY INFORMATION for specific dates and times of the public hearings.

          ADDRESSES:
           Written comments should be sent to Bob Mahood, Executive Director, South Atlantic Fishery Management Council, One Southpark Circle, Suite 306, Charleston, SC  29407-4699, or via email to safmc@noaa.gov.  Copies of the Public Hearing Document are available from Kim Iverson, South Atlantic Fishery Management Council, One Southpark Circle, Suite 306, Charleston, SC  29407-4699; telephone: 843-571-4366.

          FOR FURTHER INFORMATION CONTACT:
           Kim Iverson, South Atlantic Fishery Management Council, One Southpark Circle, Suite 306, Charleston, SC  29407-4699; telephone: 843-571-4366; fax: 843-769-4520; email address:  kim.iverson@noaa.gov.

        SUPPLEMENTARY INF0RMATION:
         The South Atlantic Fishery Management Council (Council) will hold seven public hearings in May and June 2001 to gather public input regarding proposed management measures for its draft Amendment 5 to the Fishery Management Plan for the Shrimp Fishery of the South Atlantic Region (FMP).  At the request of the rock shrimp industry, the Council is considering the following measures for its proposed Amendment 5:  The development of a limited entry program to remove speculative interest in the fishery and to ensure the economic viability of the rock shrimp industry; shrimp trawl mesh size restrictions to reduce the harvest of small rock shrimp; a requirement for operator permits and vessel monitoring systems to ensure better compliance with the FMP’s management measures; and designation of specific geographic areas within which these management measures would apply.
        Meeting Dates and Locations
        The dates and locations for the scheduled public hearings are presented below.  All hearings are scheduled to begin at 6 p.m.
        May 3, 2001- NC Department of Environment & Natural Resources, 127 Cardinal Drive, Wilmington, NC  28405; Telephone: 910-395-3900
        May 7, 2001- Radisson Beach Resort, 2600 N. A1A, Fort Pierce, FL  34949; Telephone: 561-465-5544
        May 8, 2001- Florida Fish & Wildlife Conservation Commission, Florida Marine Research Institute 100 Eighth Avenue, SE, St. Petersburg, FL  53701-5095; Telephone: 727-896-8626
        May 9, 2001- Lafayette Plaza Hotel, 301 Government Street, Mobile, AL  36602; Telephone: 334-694-0101
        May 15, 2001- Town & Country Inn, 2008 Savannah Highway, Charleston, SC  29407; Telephone: 843-571-1000
        May 24, 2001- University of Georgia, Marine Extension Service, 715 Bay Street, Brunswick, GA  31520; Telephone: 912-264-7268
        May 29, 2001-  Radisson Hampton, 700 Settlers Landing Road, Hampton, VA 23669, Telephone: 757/727-9700
        June 19, 2001- Radisson Ponce de Leon, 4000 US Highway 1, St. Augustine, FL 32095; Phone: 904-824-2821
        Special Accommodations

        These hearings are physically accessible to people with disabilities.  Requests for sign language interpretation or other auxiliary aids should be directed to the Council office (see ADDRESSES) at least five days prior to the hearing date.

          Dated:  May 1, 2001.
          Bruce C. Morehead,
          Acting Director, Office of Sustainable Fisheries,  National Marine Fisheries Service.

      [FR Doc. 01-11273 Filed 5-1-01; 2:51 pm]
      BILLING CODE 3510-22-S


        DEPARTMENT OF THE INTERIOR
        Fish and Wildlife Service
        50 CFR Part 17
        RIN 1018-AE87

        Endangered and Threatened Wildlife and Plants; Reopening of Comment Period on Proposed Threatened Status for the Plant Gaura neomexicana ssp. coloradensis

          AGENCY:
          Fish and Wildlife Service, Interior.

          ACTION:
          Proposed rule; notice of reopening of comment period.

          SUMMARY:

          We, the Fish and Wildlife Service (Service), pursuant to the Endangered Species Act of 1973, as amended (Act), reopen the comment period on the proposal to list the plant Gaura neomexicana ssp. coloradensis (Colorado butterfly plant) as a threatened species. The comment period is extended to accommodate the public notice requirement of the Act and to consider any new scientific information. In addition, reopening of the comment period will allow further opportunity for all interested parties to submit comments on the proposal, which was published on March 24, 1998 (63 FR 14060). We are seeking comments or suggestions from the public, other concerned governmental agencies, the scientific community, industry, or any other interested parties concerning the proposed rule. Comments already submitted on the proposed rule need not be resubmitted as they will be fully considered in the final determination.

          DATES:
          The reopened comment period closes June 16, 2000.

          ADDRESSES:
          Copies of the proposed rule are available on the World Wide Web at <mountain-prairie.fws.gov/endspp/plants/>. You may also request copies from, and submit comments and materials concerning this proposed rule to, the Field Supervisor, U.S. Fish and Wildlife Service, 4000 Airport Parkway, Cheyenne, Wyoming 82001. Comments and materials received will be available for public inspection, by appointment, during normal business hours at the above address.

          FOR FURTHER INFORMATION CONTACT:
          Mike Long, Field Supervisor, Wyoming Field Office (see ADDRESSES section), telephone 307/772-2374; facsimile 307/772-2358.

        SUPPLEMENTARY INFORMATION:
        Background

        On March 24, 1998, we published a rule proposing threatened status for Gaura neomexicana ssp. coloradensis in the Federal Register (63 FR 14060). The original comment period closed on May 26, 1998. Section 4(b)(5)(D) of the Act (16 U.S.C. 1531 et seq.) requires us to “publish a summary of the proposed regulation in a newspaper of general circulation in each area of the United States in which the species is believed to occur.” Due to an oversight, we failed to complete this requirement. To correct the oversight, we are reopening the comment period for this proposal to list G.n. ssp. coloradensis and publishing the required notices. The comment period now closes on June 16, 2000. Written comments should be submitted to the Service (see ADDRESSES section).

          Gaura neomexicana ssp. coloradensis is a short-lived, perennial herb endemic to moist soils in mesic or wet meadows of floodplain areas in southeastern Wyoming, northcentral Colorado, and extreme western Nebraska. This early to mid-seral stage species occurs primarily in habitats created and maintained by streams active within their floodplains, with vegetation that is relatively open and not overly dense or overgrown. The disturbance of riparian areas that contain native grasses by agricultural conversion, water diversions, channelization, and urban development threaten G.n. ssp. coloradensis by changing habitat significantly enough to preclude survival of viable populations.
        Comments from the public regarding the accuracy of this proposed rule are sought, especially regarding:
        (1) Biological, commercial trade, or other relevant data concerning any threat (or lack thereof) to this species;
        (2) The location of any additional populations of this species and the reasons why any habitat should or should not be determined to be critical habitat pursuant to section 4 of the Act;
        (3) Additional information concerning the range, distribution, and population size or trend of this species;
        (4) Current or planned activities in the subject area and their possible impacts on this species;
        (5) Biological or physical elements that best describe Gaura neomexicana ssp. coloradensis habitat that could be essential for the conservation of the species;

        (6) Information regarding genetic differences and similarities within and between populations of Gaura neomexicana ssp. coloradensis;

        (7) Possible alternative noxious weed control, grazing, farming, and water management practices that will reduce or eliminate impacts to Gaura neomexicana ssp. coloradensis; and
        (8) Other management strategies that will conserve the species throughout its range.
        Comments previously submitted during the first comment period need not be resubmitted, as they will be fully considered in the final determination.

        Author. The primary author of this document is Mary Jennings of the Wyoming Field Office (see ADDRESSES section).

          Authority:

          The authority for this action is the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

          Dated: May 2, 2000.
          Jamie Rappaport Clark,
          Director, Fish and Wildlife Service.

      [FR Doc. 00-12122 Filed 5-16-00; 8:45 am]
      BILLING CODE 4310-55-U


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Parts 622 and 640
        RIN 0648-BC12
        Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Revisions to Dealer Permitting and Reporting Requirements for Species Managed by the Gulf of Mexico and South Atlantic Fishery Management Councils

          AGENCY:

          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Notice of availability; request for comments.

          SUMMARY:
          The Gulf of Mexico (Gulf) and South Atlantic Fishery Management Councils (Councils) have submitted a Generic Amendment to the Fishery Management Plans (FMPs) in the Gulf and South Atlantic Regions (Generic Dealer Amendment) for review, approval, and implementation by NMFS. The Generic Dealer Amendment amends the following FMPs: Reef Fish Resources and the Red Drum Fishery of the Gulf; the Snapper-Grouper Fishery (including wreckfish), the Golden Crab Fishery, and the Shrimp Fishery (excluding penaeid shrimp) of the South Atlantic Region; the Dolphin and Wahoo Fishery of the Atlantic; and Coastal Migratory Pelagic (CMP) Resources and the Spiny Lobster Fishery of the Gulf and South Atlantic. The Generic Dealer Amendment would modify the permitting and reporting requirements for seafood dealers who first receive species managed by the Councils through the previously mentioned FMPs. These revisions would create a single dealer permit for dealers who first receive fish managed by the Councils, require both purchase and non-purchase reports to be submitted online on a weekly basis, not authorizing dealers to purchase fish from federally-permitted vessels if they are delinquent in submitting reports, and modify the sale and purchase provisions based on the new dealer permitting requirements. The intent of the amendment is to obtain timelier purchase information from dealers to help reduce annual catch limit (ACL) underages and overages, and achieve optimum yield in accordance with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

          DATES:
          Written comments must be received on or before February 18, 2014.

          ADDRESSES:
          You may submit comments on the amendment identified by “NOAA-NMFS-2012-0206” by any of the following methods:
          • Electronic submissions: Submit electronic comments via the Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the “Instructions” for submitting comments.
          • Mail: Rich Malinowski, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.

            Instructions: All comments received are a part of the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter N/A in the required field if you wish to remain anonymous).

          To submit comments through the Federal e-Rulemaking Portal: http://www.regulations.gov, enter “NOAA-NMFS-2012-0206” in the search field and click on “search.” After you locate the notice of availability, click the “Submit a Comment” link in that row. This will display the comment web form. You can then enter your submitter information (unless you prefer to remain anonymous), and type your comment on the web form. You can also attach additional files (up to 10MB) in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
          Comments received through means not specified in this notice will not be considered.

          For further assistance with submitting a comment, see the “Commenting” section at http://www.regulations.gov/#!faqs or the Help section at http://www.regulations.gov.

          Electronic copies of the amendment may be obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov.

          FOR FURTHER INFORMATION CONTACT:

          Rich Malinowski, Southeast Regional Office, NMFS, telephone 727-824-5305; email: rich.malinowski@noaa.gov.

        SUPPLEMENTARY INFORMATION:

        The Magnuson-Stevens Act requires each regional fishery management council to submit any fishery management plan or amendment to NMFS for review and approval, disapproval, or partial approval. The Magnuson-Stevens Act also requires that NMFS, upon receiving a plan or amendment, publish an announcement in the Federal Register notifying the public that the plan or amendment is available for review and comment.
        The FMPs being revised by this amendment were prepared by the Councils and are implemented through regulations at 50 CFR part 622 and part 640 under the authority of the Magnuson-Stevens Act.
        Background
        The Magnuson-Stevens Act requires NMFS and regional fishery management councils to prevent overfishing and achieve, on a continuing basis, the optimum yield from federally managed fish stocks. These mandates are intended to ensure fishery resources are managed for the greatest overall benefit to the nation, particularly with respect to providing food production and recreational opportunities, and protecting marine ecosystems. To further this goal, the Magnuson-Stevens Act requires fishery managers to specify their strategy to rebuild overfished stocks to a sustainable level within a certain time frame, to minimize bycatch and bycatch mortality to the extent practicable, and to establish accountability measures (AMs) for a stock to ensure ACLs are not exceeded.
        The intent of the Generic Dealer Amendment is to improve the timeliness and accuracy of dealer reporting, which will help achieve harvest targets. Many commercial fisheries have AMs that implement closures of fisheries when the commercial ACLs are projected to be met. The current reporting frequency reduces the precision of the projections, which may result in estimates of landings significantly less or greater than the ACL. When fisheries are closed well before the ACL is met, optimum yield may not be achieved. In turn, overages have the potential to result in significant disruption in fishing behavior the following fishing year and, reduce revenue and profit for fishermen. Overages also decrease the ability of stocks to rebuild when overfished and may lead to overfishing conditions. The proposed actions, including increasing the frequency of dealer reporting and requiring more dealers to report, are intended to result in better monitoring of the ACLs. Actions Contained in the Generic Dealer Amendment.

        The Generic Dealer Amendment would modify the current permitting and reporting requirements for seafood dealers who first receive fish managed by the Councils through eight FMPs. Currently, the following six Federal dealer permits exist for purchasing product in the Southeast Region: Atlantic Dolphin-Wahoo, Gulf Reef Fish, South Atlantic Golden Crab, South Atlantic Rock Shrimp, South Atlantic Snapper Grouper (excluding wreckfish), and South Atlantic Wreckfish. The Generic Dealer Amendment proposes to create a single dealer permit that would be required for the species currently covered by the six dealer permits. In addition, the dealer permit would be required to first receive the following species from federally permitted vessels: Gulf and South Atlantic CMP, Gulf and South Atlantic spiny lobster, and Gulf Red Drum. If the proposed actions are implemented, the universal dealer permit would be required for all species managed by the Councils except for species in the following five FMPs: Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic Region; Pelagic Sargassum Habitat of the South Atlantic Region; Coral and Coral Reefs of the Gulf, Shrimp Fishery of the Gulf, and Shrimp Fishery of the South Atlantic Region (excluding rock shrimp).

        The Councils exempted penaeid shrimp species from the universal dealer permit because there are no ACLs established for these species. Thus, the current reporting system is adequate for determining catch and effort for these species and the administrative burden of issuing such a large number of shrimp dealer permits would outweigh the benefits from more timely shrimp dealer reports. The Councils did not include corals or pelagic Sargassum because coral harvest is limited to octocoral harvest off Florida and does not require a Federal harvest permit if landed in Florida, and no recorded harvest of pelagic Sargassum from Federal waters occurs.
        Currently, federally permitted Gulf reef fish, South Atlantic snapper-grouper, and South Atlantic wreckfish dealers, and dealers with records of king mackerel or Spanish mackerel from the previous year, are required to submit dealer purchase forms every 2 weeks via fax or online through the appropriate state trip ticket reporting system. South Atlantic golden crab, rock shrimp, and Atlantic dolphin-wahoo dealers are required to submit dealer purchase forms on a monthly basis via fax or online through the appropriate state trip ticket reporting system. Reports are currently due 5 days after the end of each reporting period.
        If implemented, the Generic Dealer Amendment would require federally permitted dealers to submit forms electronically (via computer or internet) on a weekly basis. Dealer reports for trips landing species between Sunday through Saturday would be required to be submitted by 11:59 p.m., local time, the following Tuesday. In addition, federally permitted dealers would be required to submit records of no purchases electronically (via computer or internet) at the same frequency and via the same process as records for purchases.
        Dealer reports would be required to be submitted through the dealer electronic trip ticket reporting system. Electronic reports are currently authorized in each state, except for South Carolina, which currently requires paper reporting. The data elements that would be required through this Generic Dealer Amendment are consistent with the information currently required by the state trip ticket programs.
        This amendment would also stipulate that dealers who are delinquent in submitting their reports are not authorized to receive fish from federally-permitted vessels until they have submitted all reports on purchases and no purchases.
        This amendment would place new restrictions on certain dealers who currently are not required to have a Federal dealer permit and on certain fishermen who can currently sell to state dealers. Dealers who first receive CMP fish and spiny lobster from federally permitted commercial vessels or charter vessels/headboats, including federally permitted shrimp vessels, would be required to have a Federal dealer permit and would be required to report electronically on a weekly basis. Federally permitted vessels that currently sell CMP fish and spiny lobster to state dealers would be required to sell them to federally permitted dealers.

        A proposed rule that would implement the management measures outlined in the Generic Dealer Amendment has been drafted. In accordance with the Magnuson-Stevens Act, NMFS is evaluating the proposed rule to determine whether it is consistent with the FMPs, the Magnuson-Stevens Act, and other applicable laws. If the determination is affirmative, NMFS will publish the proposed rule in the Federal Register for public review and comment.
        Consideration of Public Comments
        The Councils submitted the Generic Dealer Amendment for Secretarial review, approval, and implementation. NMFS' decision to approve, partially approve, or disapprove the Amendment will be based, in part, on consideration of comments, recommendations, and information received during the comment period on this notice of availability.
        Public comments received by 11:59 p.m. eastern time, on February 18, 2014, will be considered by NMFS in its decision to approve, partially approve, or disapprove the Generic Dealer Amendment. All comments received by NMFS on the Generic Dealer Amendment or the proposed rule during their respective comment periods would be addressed in a final rule.

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

          Dated: December 13, 2013.
          Sean Corson,
          Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

      [FR Doc. 2013-30134 Filed 12-18-13; 8:45 am]
      BILLING CODE 3510-22-P


        DEPARTMENT OF THE INTERIOR
        Fish and Wildlife Service
        50 CFR Part 17
        [Docket No. FWS-HQ-ES-2013-0073; FXES11130900000C2-134-FF09E32000]
        RIN 1018-AY00
        Endangered and Threatened Wildlife and Plants; Removing the Gray Wolf (Canis lupus) From the List of Endangered and Threatened Wildlife and Maintaining Protections for the Mexican Wolf (Canis lupus baileyi) by Listing It as Endangered

          AGENCY:
          Fish and Wildlife Service, Interior.

          ACTION:
          Proposed rule; extension of public comment period, and announcement of public hearings.

          SUMMARY:

          We, the U.S. Fish and Wildlife Service (Service), recently published a proposal to remove the gray wolf from the List of Endangered and Threatened Wildlife (List) but to maintain endangered status for the Mexican wolf by listing it as a subspecies (Canis lupus baileyi), and we announced the opening of a 90-day public comment period on the proposed action, ending September 11, 2013. We now extend the public comment period to October 28, 2013. We are extending the public comment period to allow all interested parties additional time to comment on the proposed rule. Comments previously submitted need not be resubmitted and will be fully considered in preparation of the final rule. We also announce three public hearings on our proposed rule.

          DATES:

            Written Comments: The public comment period on the proposal to remove the gray wolf from the List of Endangered and Threatened Wildlife but to maintain endangered status for the Mexican wolf by listing it as a subspecies is extended to October 28, 2013. Please note comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES section, below) must be received by 11:59 p.m. Eastern Time on the closing date. If you are submitting your comments by hard copy, please mail them by October 28, 2013, to ensure that we receive them in time to give them full consideration.

            Public Hearings: We will hold three public hearings on the following dates:
          • September 30, 2013, from 6 p.m. to 8:30 p.m., in Washington, DC.
          • October 2, 2013, from 6 p.m. to 8:30 p.m., in Sacramento, California.
          • October 4, 2013, from 6 p.m. to 9 p.m., in Albuquerque, New Mexico.

          ADDRESSES:

            Written Comments: You may submit comments by one of the following methods:
          (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. Search for Docket No. FWS-HQ-ES-2013-0073, which is the docket number for this rulemaking. Please ensure you have found the correct document before submitting your comments. If your comments will fit in the provided comment box, please use this feature of http://www.regulations.gov, as it is most compatible with our comment review procedures. If you attach your comments as a separate document, our preferred file format is Microsoft Word. If you attach multiple comments (such as form letters), our preferred format is a spreadsheet in Microsoft Excel. Submissions of electronic comments on our Proposed Revision to the Nonessential Experimental Population of the Mexican Wolf, which also published in the Federal Register on June 13, 2013, should be submitted to Docket No. FWS-R2-ES-2013-0056 using the method described above.
          (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS-HQ-ES-2013-0073; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N Fairfax Drive, MS 2042-PDM; Arlington, VA 22203.
          (3) At the public hearings: Written comments will be accepted by Service personnel at any of the three scheduled public hearings.
          We will post all comments we receive on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see the Public Comments section below for more information).

            Public Hearings: Public hearings will be held at:

          • Department of the Interior, Auditorium, 1849 C Street NW., Washington, DC 20240; (202) 208-3100.
          • Clarion Inn, Martinique Ball Room, 1401 Arden Way, Sacramento, CA 95815; (916) 922-8041.
          • Embassy Suites, Sandia Room, 1000 Woodward Place NE., Albuquerque, NM 87102; (505) 245-7100. This public hearing will also cover the proposed revision to the nonessential experimental population of the Mexican wolf (78 FR 35719).

          FOR FURTHER INFORMATION CONTACT:
          Headquarters Office, Ecological Services; telephone (703) 358-2171. Direct all questions or requests for additional information to: GRAY WOLF QUESTIONS, U.S. Fish and Wildlife Service, Headquarters Office, Ecological Services, 4401 North Fairfax Drive, Room 420, Arlington, VA 22203. Individuals who are hearing-impaired or speech-impaired may call the Federal Relay Service at 1-800-877-8337 for TTY assistance.

        SUPPLEMENTARY INFORMATION:
        Public Comments

        We are extending the public comment period for 45 days on our proposal to remove the gray wolf (Canis lupus) from the List of Endangered and Threatened Wildlife (List) and maintain protections for the Mexican wolf (Canis lupus baileyi) by listing it as endangered under the Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et seq.). That proposal was published in the Federal Register on June 13, 2013 (78 FR 35664). It is available online at http://www.regulations.gov under Docket No. FWS-HQ-ES-2013-0073 and at http://www.gpo.gov/fdsys/pkg/FR-2013-06-13/pdf/2013-13982.pdf#page=2.

        We intend that any final action resulting from this proposal will be as accurate and as effective as possible. Therefore, comments, new information, or suggestions from the public, other concerned governmental agencies, the scientific community, industry, or any other interested party concerning this proposed rule are hereby solicited. In particular, we are seeking targeted information and comments on our proposed removal of C. lupus from the List of Endangered and Threatened Wildlife and addition of C. l. baileyi as an endangered subspecies. We also seek comment on the following categories of information.

        (1) Biological, commercial trade, or other relevant information concerning our analysis of the current C. lupus listed entity and the adequacy of the approach taken in this analysis, with particular respect to our interpretation of the term “population” as it relates to the 1996 Policy Regarding the Recognition of Distinct Vertebrate Population Segments (DPS policy) (61 FR 4722, February 7, 1996) and specifically to gray wolves.

        (2) Information concerning the genetics and taxonomy of the eastern wolf, Canis lycaon.

        (3) Information concerning the status of the gray wolf in the Pacific Northwest United States and the following gray wolf subspecies: Canis lupus nubilus, Canis lupus occidentalis, and C. l. baileyi, including:
        (a) Genetics and taxonomy;
        (b) New information concerning range, distribution, population size, and population trends;
        (c) New biological or other relevant data concerning any threat (or lack thereof) to these subspecies, their habitat, or both; and
        (d) New information regarding conservation measures for these populations, their habitat, or both.

        As this proposal is intended to replace our May 5, 2011, proposal to remove protections for C. lupus in all or portions of 29 eastern contiguous States (76 FR 26086), we ask that any comments previously submitted that may be relevant to the proposal presented in this rule be resubmitted at this time.

        Please note that submissions merely stating support for or opposition to the action under consideration without providing supporting information, although noted, will not be considered in making a determination. You may submit your comments and materials by one of the methods listed in ADDRESSES. We request that you send comments only by the methods described in ADDRESSES. Verbal testimony may also be presented during the public hearings (see DATES and ADDRESSES sections).

        We will post your entire comment—including your personal identifying information—on http://www.regulations.gov. If you provide personal identifying information, such as your street address, phone number, or email address, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so.

        Comments and materials we receive, as well as some of the supporting documentation we used in preparing this proposed rule, will be available for public inspection on http://www.regulations.gov at Docket No. FWS-HQ-ES-2013-0073, or by appointment, during normal business hours at U.S. Fish and Wildlife Service, Headquarters Office, Endangered Species Program, 4401 North Fairfax Drive, Room 420, Arlington, VA 22203.
        Our final determination concerning the proposed action will take into consideration all written comments we receive during all comment periods, comments from peer reviewers, and comments received during the public hearings. The comments will be included in the public record for this rulemaking, and we will fully consider them in the preparation of our final determination.
        If you previously submitted comments or information on this proposed rule, please do not resubmit them. We will incorporate them into the public record as part of this comment period, and will fully consider them in the preparation of our final determination.
        Public Hearings

        We are holding three public hearings on the dates listed in the DATES section at the locations listed in the ADDRESSES section. The public hearing on the June 13, 2013 (78 FR 35719), proposed revision to the nonessential experimental population of the Mexican wolf is announced elsewhere in today's Federal Register. The October 4, 2013, public hearing in Albuquerque, NM, will address both the June 13, 2013 (78 FR 35664), proposal to remove the gray wolf from the List and maintain protections for the Mexican wolf by listing it as endangered, as well as the June 13, 2013 (78 FR 35719), proposed revision to the nonessential experimental population of the Mexican wolf.

        We are holding the public hearings to provide interested parties an opportunity to present verbal testimony (formal, oral comments) or written comments regarding the June 13, 2013 (78 FR 35664), proposal to remove the gray wolf from the List and maintain protections for the Mexican wolf by listing it as endangered. A public hearing is not, however, an opportunity for dialogue with the Service or its contractors; it is a forum for accepting formal verbal testimony. Anyone wishing to make an oral statement at the public hearings for the record is encouraged to provide a written copy of their statement to us at the hearings. In the event there is a large attendance, the time allotted for oral statements may be limited. Speakers can sign up at the hearings if they desire to make an oral statement. Oral and written statements receive equal consideration. There are no limits on the length of written comments submitted to us.

        Persons with disabilities needing reasonable accommodations to participate in the public hearings should contact the Headquarters Office (see FOR FURTHER INFORMATION CONTACT). Reasonable accommodation requests should be received at least 3 business days prior to the hearing to help ensure availability; at least 2 weeks prior notice is requested for American-sign-language or English-as-a-second-language interpreter needs.
        Authors
        The primary authors of this notice are the Ecological Services staff of the Headquarters Office, U.S. Fish and Wildlife Service.
        Authority

        The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

          Dated: August 30, 2013.
          Rowan W. Gould,
          Acting Director, U.S. Fish and Wildlife Service.

      [FR Doc. 2013-21664 Filed 9-4-13; 8:45 am]
      BILLING CODE 4310-55-P


        DEPARTMENT OF COMMERCE
        37 CFR Part 404
        [Docket No. 040305084-4084-01]
        RIN 0692-AA19
        Assistant Secretary for Technology Policy; Licensing of Government Owned Inventions

          AGENCY:
          Assistant Secretary for Technology Policy, Department of Commerce (DOC).

          ACTION:
          Notice of proposed rule making; request for comments.

          SUMMARY:
          This proposed rule incorporates several changes made by the Technology Transfer Commercialization Act of 2000 with respect to the granting of licenses by Federal agencies on Federally owned inventions. It also streamlines the licensing procedures to focus primarily on statutory requirements.

          DATES:
          Comments must be received no later than February 7, 2005.

          ADDRESSES:
          Comments on the proposed revisions must be submitted to: Mr. John Raubitschek, Office of the Chief Counsel for Technology, Room 4835, HCHB, Department of Commerce, Washington, DC 20230.

          FOR FURTHER INFORMATION CONTACT:
          Mr. John Raubitschek, Patent Counsel, at telephone: (202) 482-8010.

        SUPPLEMENTARY INFORMATION:

          Summary of the Proposed Amendments:

        1. DOC proposes to revise the index of sections to remove § 404.9 which would become reserved and to modify the title of § 404.7 to add “co-exclusive.”

        2. DOC proposes to revise § 404.1 to change the effective date of the regulation and remove the reference to the first licensing regulation in 1981. Other proposed changes include the adding of additional examples of licenses which would not be subject to the regulation, including exchange of rights in settlements of patent disputes, licenses and assignments of certain joint inventions as authorized by 35 U.S.C. 202(e) or of inventions under cooperative research and development agreements (CRADAs) as authorized by 15 U.S.C. 3710a or by a treaty, or licenses where the agency has acquired rights under 35 U.S.C. 207(a)(3) to facilitate the licensing of a federally owned invention, sometimes referred to as “bundling inventions.”
        3. DOC proposes to revise § 404.3(a) to remove the limitation that the invention must be described in a patent or application to be licensable in view of the change to 35 U.S.C. 207 made by Public Law 106-404. The only requirement would be that the invention is or may be patentable or protectable subject matter although it may be covered by a patent or patent application. Since “invention” is defined in 35 U.S.C. 201(d), this is included in subparagraph (a) with the additional reference to foreign patent law. Under this authority, agencies may now license computer software and biological materials as inventions without filing a patent application because they are patentable subject matter. In addition, the phrase “in whole or in part” is added to make it clear that an agency can license its undivided interest in a joint invention.

        4. DOC proposes to revise § 404.4 to require each agency to notify the public of its inventions which are available for licensing. Such notification was encouraged by the House Committee on Science in H.R. Report 106-129, Part I, 106th Cong., 1st sess. Previously, notice was required only if the agency was going to exclusively license the invention. See § 404.7(a)(1). However, the form of notification is left to the discretion of the agency, which is strongly encouraged to use the internet or other electronic means to notify the public. Also, DOC proposes to move the substance of §§ 404.5(b)(2), (7) and (11) to this section.
        5. DOC proposes to add a sentence in § 404.5(a)(1) to permit an abbreviated development plan for a non-exclusive research license because 35 U.S.C. 209(a) requires that all applicants for a license submit a plan even though the applicant may have no present intent to commercialize the invention. Such a license would be appropriate for a party working with an agency under a CRADA on the agency's pre-existing invention(s), which may now be included in the CRADA under Public Law 106-404 if a patent application was filed prior to the CRADA.
        6. DOC proposes to add a sentence to § 404.5(a)(2) to provide guidance for an agency to waive or modify the domestic manufacturing requirement. This proposal is based substantially on 35 U.S.C. 204, which applies to inventions made by nonprofit organizations and small business firms with federal funds.

        7. As mentioned in paragraph no. 4, DOC proposes to move §§ 404.5(b)(2), (7) and (11) to § 404.4, which is more directed to policy. This will result in a renumbering of § 404.5. A new § 404.5(b)(2) is being added to permit any licensee to enforce a licensed patent. As noted in Nutrition 21 v. U.S., 930 F.2d 867, 871, 18 USPQ2d (BNA) 1351, 1354, n.7 (Fed. Cir. 1991), the authority for enforcement in 35 U.S.C. 207(b)(1) is not limited to exclusive licensees. Editorial changes are proposed to § 404.5(b)(4) as well as adding a requirement that copies of sublicenses and modifications be promptly provided to the agencies. § § 404.5(b)(5) and (b)(6) are being slightly modified to adopt the language from Public Law 106-404.
        8. DOC proposes to modify § 404.5(b)(9), now renumbered as 404.5(b)(8), to include the language of Public Law 106-404, which specifically mentions terminating for a breach of the domestic manufacturing requirement in § 404.5(a)(2) and the new requirement in § 404.5(b)(8)(v) that a license be terminated if a court determines that it violates the antitrust laws.
        9. DOC proposes to remove the exclusion in § 404.6(a) for publishing the availability of an invention for licensing, which is subsequently licensed non-exclusively. This is not necessary in view of the proposed change described in paragraph no. 4 that the public will be notified of all inventions which are available for licensing. In addition, the suggestion in § 404.6(b) that after expiration of a specific time period, the field of use be limited to where the licensee has commercialized the invention is being deleted because it implies that non-exclusive licenses should contain such a clause. In fact, few agencies use such a clause because most nonexclusive licenses are for the full term of the patent. However, an agency may still use such a clause if it so chooses.
        10. DOC proposes to add co-exclusive licenses to § 404.7 to specifically recognize that an agency may grant an exclusive license to more than one company to better achieve commercialization or to resolve disputes with competing license applications.

        11. DOC proposes to remove the requirement in § 404.7(a)(1) to publish in the Federal Register a notice of availability of an invention for licensing prior to granting an exclusive license on that invention. However, agencies will be required to make the public aware of their inventions through use of the Internet or other electronic means in accordance with the revised § 404.4.
        12. DOC proposes to delete § 404.7(a)(1)(ii)(B) because the new law does not contain a preference for nonexclusive licenses. § 404.7(a)(1)(ii)(C) would be renumbered as (B) and contain the slightly different language from the new law for the justification for an exclusive license. Similarly, the justification in § 404.7(a)(1)(ii)(A) is being slightly revised in view of the language in the new law. The antitrust consideration in §§ 404.7(a)(1)(iii) and (b)(1)(iii) is being revised in view of the new law although a positive determination by the agency is not required. Similarly, the small business preference in § 404.7(a)(1)(iv) is being revised slightly because of the new law.
        13. DOC proposes to change the semicolon to a colon at the end of § 407(a)(2) and delete §§ 404.7(a)(2)(iv) and (b)(2)(iii) in view of the new § 404.5(b)(2), which permits all licensees to have the right to enforce licensed patents.

        14. DOC proposes to delete § 404.9 since review by the Attorney General of an exclusive license notice is not required by statute. It is noted that the license may be terminated if there is a violation of the antitrust law. See proposed 404.5(b)(8)(v).
        15. DOC proposes to delete the second reference to a sublicensee in § 404.10 because there is no need to give a sublicensee the right to be involved in the modification or termination of a license to which it is not a party. However, many agencies allow a sublicensee to become a direct licensee if the license is terminated.
        16. DOC proposes to modify the appeal rights in § 404.11 to remove a dispute over the interpretation of a license from being appealable except as it may relate to the termination of a license, which is appealable. DOC also proposes adding a right for a hearing when a license has been modified or terminated if there is a dispute over any relevant fact. Alternate Dispute Resolution is now being authorized instead of an appeal, if the parties agree.
        17. DOC proposes to corrects the misspelling of “owned” in § 404.12.
        18. DOC proposes to make the FOIA exemption in § 404.14 mandatory in accordance with the new law.
        Classification
        Executive Order 12866

        This rule has been determined not to be significant for purposes of E.O. 12866.

        Executive Order 13132
        This rule does not contain policies with Federalism implications as that term is defined in E.O. 13132.
        Administrative Procedure Act
        This rule involves rules of agency practice and procedure under 5 U.S.C. 553(b)(A) and prior notice and an opportunity for public comment are, therefore, not required by the Administrative Procedure Act, or any other statute or regulation, for this rule.
        Regulatory Flexibility Act

        Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule pursuant to 5 U.S.C. 553(b)(A), or by any other law, this rule is not subject to the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
        Paperwork Reduction Act

        The proposed rule does not impose any new collection of information requirements under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.). However, OMB approval for the application for a license in 404.8 and the utilization reports in 404.5(a)(6) (number 0692-0006) expired on June 30, 2003, we are resubmitting the package to OMB. The time to complete the license application is estimated to be 2 hours and the utilization report 1 hour. These estimated response times include the time for completing and reviewing the collections of information.
        Comments are invited on (a) whether the collections of information are necessary for the functions of the agencies; (b) the accuracy of the estimates on the time to complete and review the collected information; (c) ways to enhance the quality, utility and clarity of the information to be collected; and (d) ways to minimize the burden on respondents to collect the information.
        Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB control number.

          List of Subjects in 37 CFR Part 404
          Inventions, Patents, Licenses.

          Dated: January 4, 2005.
          Benjamin H. Wu,
          Assistant Secretary of Commerce for Technology Policy.

        For the reasons set forth in the preamble, 37 CFR Part 404 is proposed to be amended as follows:

          PART 404—LICENSING OF GOVERNMENT OWNED INVENTIONS
          1. The authority citation for Part 404 is revised to read as follows:

            Authority:
            35 U.S.C. 207-209.

          2. Section 404.1 is revised to read as follows:

            § 404.1
            Scope of part.
            This part prescribes the terms, conditions, and procedures upon which a federally owned invention, other than an invention in the custody of the Tennessee Valley Authority, may be licensed. This part does not affect licenses which:
            (a) Were in effect prior to [INSERT FINAL RULE EFFECTIVE DATE];
            (b) May exist at the time of the Government's acquisition of title to the invention, including those resulting from the allocation of rights to inventions made under Government research and development contracts;
            (c) Are the result of an authorized exchange of rights in the settlement of patent disputes, including interferences; or
            (d) Are otherwise authorized by law or treaty, including 35 U.S.C. 202(e), 35 U.S.C. 207(a)(3) and 15 U.S.C. 3710a, which also may authorize the assignment of inventions. Although licenses on inventions made under a cooperative research and development agreement (CRADA) are not subject to this regulation, agencies are encouraged to apply the same policies and use similar terms when appropriate. Similarly, this should be done for licenses granted under inventions where the agency has acquired rights pursuant to 35 U.S.C. 207(a)(3).
            3. In § 404.3, paragraph (a) is revised to read as follows:

            § 404.3
            Definitions.
            (a) Federally owned invention means an invention, whether or not covered by a patent or patent application, or discovery which is or may be patentable or otherwise protectable under title 35, the Plant Variety Protection Act (7 U.S.C. 2321 et seq.) or foreign patent law, owned in whole or in part by the United States Government.

            4. Section 404.4 is revised to read as follows:

            § 404.4
            Authority to grant licenses.
            Federally owned inventions shall be made available for licensing as deemed appropriate in the public interest and each agency shall notify the public of these inventions. The agencies having custody of these inventions may grant nonexclusive, co-exclusive, partially exclusive, or exclusive licenses thereto under this part. Licenses may be royalty-free or for royalties or other consideration. They may be for all or less than all fields of use or in specified geographic areas and may include a release for past infringement. Any license shall not confer on any person immunity from the antitrust laws or from a charge of patent misuse, and the exercise of such rights pursuant to this part shall not be immunized from the operation of state or federal law by reason of the source of the grant.
            5. In Section 404.5, paragraph (a), paragraph (b)(2) and paragraphs (b)(4) through (b)(9) are revised to read as follows:

            § 404.5
            Restrictions and conditions on all licenses granted under this part.
            (a)(1) A license may be granted only if the applicant has supplied the Federal agency with a satisfactory plan for development or marketing of the invention, or both, and with information about the applicant's capability to fulfill the plan. The plan for a non-exclusive research license may be limited to describing the research phase of development.
            (2) A license granting rights to use or sell under a federally owned invention in the United States shall normally be granted only to a license who agrees that any products embodying the invention or produced through the use of the invention will be manufactured substantially in the United States. However, this condition may be waived or modified if reasonable but unsuccessful efforts have been made to grant licenses to potential licensees that would be likely to manufacture substantially in the United States or if domestic manufacture is not commercially feasible.
            (b) * * *
            (1) * * *
            (2) Any patent license may grant the licensee the right of enforcement of the licensed patent without joining the Federal agency as a party as determined appropriate in the public interest.
            (3) * * *

            (4) The license may provide the licensee the right to grant sublicenses under the license, subject to the approval of the Federal agency. Each sublicense shall make reference to the license, including the rights retained by the Government, and a copy of such sublicense with any modifications thereto, shall be promptly furnished to the Federal agency.
            (5) The license shall require the licensee to carry out the plan for development or marketing of the invention, or both, to bring the invention to practical application within a reasonable time as specified in the license, and continue to make the benefits of the invention reasonably accessible to the public.
            (6) The license shall require the licensee to report periodically on the utilization or efforts at obtaining utilization that are being made by the licensee, with particular reference to the plan submitted but only to the extent necessary to enable the agency to determine compliance with the terms of the license.
            (7) Where an agreement is obtained pursuant to § 404.5(a)(2) that any products embodying the invention or produced through the use of the invention will be manufactured substantially in the United States, the license shall recite such an agreement.
            (8) The license shall provide for the right of the Federal agency to terminate the license, in whole or in part, if the agency determines that:
            (i) The licensee is not executing its commitment to achieve practical application of the invention, including commitments contained in any plan submitted in support of its request for a license and the licensee cannot otherwise demonstrate to the satisfaction of the Federal agency that it has taken, or can be expected to take within a reasonable time, effective steps to achieve practical application of the invention;
            (ii) Termination is necessary to meet requirements for public use specified by Federal regulations issued after the date of the license and such requirements are not reasonably satisfied by the licensee;
            (iii) The licensee has willfully made a false statement of or willfully omitted a material fact in the license application or in any report required by the license agreement;
            (iv) The licensee commits a substantial breach of a covenant or provision contained in the license agreement, including the requirement in § 404.5(a)(2); or
            (v) The licensee has been found by a court of competent jurisdiction to have violated the Federal antitrust laws in connection with its performance under the license agreement.
            (9) The license may be modified or terminated, consistent with this part, upon mutual agreement of the Federal agency and the licensee.

            6. Section 404.6 is revised to read as follows:

            § 404.6
            Nonexclusive licenses.
            Nonexclusive licenses may be granted under federally owned inventions without a public notice of a prospective license.
            7. Section 404.7 is revised to read as follows:

            § 404.7
            Exclusive, co-exclusive and partially exclusive licenses.
            (a)(1) Exclusive, co-exclusive or partially exclusive domestic licenses may be granted on federally owned inventions, only if;

            (i) Notice of a prospective license, identifying the invention and the prospective licensee, has been published in the Federal Register, providing opportunity for filing written objections within at least a 15-day period;
            (ii) After expiration of the period in § 404.7(a)(1)(i) and consideration of any written objections received during the period, the Federal agency has determined that;
            (A) The public will be served by the granting of the license, in view of the applicant's intentions, plans and ability to bring the invention to the point of practical application or otherwise promote the invention's utilization by the public.
            (B) Exclusive, co-exclusive or partially exclusive licensing is a reasonable and necessary incentive to call forth the investment capital and expenditures needed to bring the invention to practical application or otherwise promote the invention's utilization by the public; and
            (C) The proposed scope of exclusivity is not greater than reasonably necessary to provide the incentive for bringing the invention to practical application, as proposed by the applicant, or otherwise to promote the invention's utilization by the public;
            (iii) The Federal agency has not determined that the grant of such a license will tend substantially to lessen competition or create or maintain a violation of the Federal antitrust laws; and
            (iv) The Federal agency has given first preference to any small business firms submitting plans that are determined by the agency to be within the capability of the firms and as having equal or greater likelihood as those from other applicants to bring the invention to practical application within a reasonable time.
            (2) In addition to the provisions of § 404.5, the following terms and conditions apply to domestic exclusive, co-exclusive and partially exclusive licenses:
            (i) The license shall be subject to the irrevocable, royalty-free right of the Government of the United States to practice or have practiced the invention on behalf of the United States and on behalf of any foreign government or international organization pursuant to any existing or future treaty or agreement with the United States.
            (ii) The license shall reserve to the Federal agency the right to require the licensee to grant sublicenses to responsible applicants, on reasonable terms, when necessary to fulfill health or safety needs.
            (iii) The license shall be subject to any licenses in force at the time of the grant of the exclusive, co-exclusive or partially exclusive license.
            (b)(1) Exclusive, co-exclusive or partially exclusive foreign licenses may be granted on a federally owned invention provided that;

            (i) Notice of the prospective license, identifying the invention and prospective licensee, has been published in the Federal Register, providing opportunity for filing written objections within at least a 15-day period and following consideration of such objections received during the period;
            (ii) The agency has considered whether the interests of the Federal Government or United States industry in foreign commerce will be enhanced; and
            (iii) The Federal agency has not determined that the grant of such a license will tend substantially to lessen competition or create or maintain a violation of the Federal antitrust laws.
            (2) In addition to the provisions of § 404.5, the following terms and conditions apply to foreign exclusive, co-exclusive and partially exclusive licenses:
            (i) The license shall be subject to the irrevocable, royalty-free right of the Government of the United States to practice and have practiced the invention on behalf of the United States and on behalf of any foreign government or international organization pursuant to any existing or future treaty or agreement with the United States.
            (ii) The license shall be subject to any licenses in force at the time of the grant of the exclusive, co-exclusive or partially exclusive license.

            (iii) The license may grant the licensee the right to take any suitable and necessary actions to protect the licensed property, on behalf of the Federal Government.
            (c) Federal agencies shall maintain a record of determinations to grant exclusive, co-exclusive or partially exclusive licenses.

            § 404.9
            [Removed and reserved]
            8. Section 404.9 is removed and reserved:
            9. Section 404.10 is revised to read as follows:

            § 404.10
            Modification and termination of licenses.
            Before modifying or terminating a license, other than by mutual agreement, the Federal agency shall furnish the licensee and any sublicensee of record a written notice of intention to modify or terminate the license, and the licensee shall be allowed 30 days after such notice to remedy any breach of the license or show cause why the license shall not be modified or terminated.
            10. Section 404.11 is revised to read as follows:

            § 404.11
            Appeals.
            (a) In accordance with procedures prescribed by the Federal agency, the following parties may appeal to the agency head or designee any decision or determination concerning the grant, denial, modification, or termination of a license:
            (1) A person whose application for a license has been denied;
            (2) A licensee whose license has been modified or terminated, in whole or in part; or
            (3) A person who timely filed a written objection in response to the notice required by § 404.7(a)(1)(i) or § 404.7(b)(1)(i) and who can demonstrate to the satisfaction of the Federal agency that such person may be damaged by the agency action.
            (b) An appeal by a licensee under paragraph (a)(2) of this section may include a hearing, upon the request of the licensee, to address a dispute over any relevant fact. The parties may agree to Alternate Dispute Resolution in lieu of an appeal.
            11. Section 404.12 is revised to read as follows:

            § 404.12
            Protection and administration of inventions.
            A Federal agency may take any suitable and necessary steps to protect and administer rights to federally owned inventions, either directly or through contract.
            12. Section 404.14 is revised to read as follows:

            § 404.14
            Confidentiality of information.
            Title 35, United States Code, section 209, requires that any plan submitted pursuant to § 404.8(h) and any report required by § 404.5(b)(6) shall be treated as commercial or financial information obtained from a person and privileged and confidential and not subject to disclosure under section 552 of title 5 of the United States Code.

      [FR Doc. 05-338 Filed 1-6-05; 8:45 am]
      BILLING CODE 3510-18-P