60-day FRN

0648-0732 60-day 84 FR 26075 2019-0605.pdf

NMFS Implementation of International Trade Data System

60-day FRN

OMB: 0648-0732

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Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / Notices
selecting ‘‘Records Open for Public
Comment’’ from the ‘‘Features’’ box on
the Applications and Permits for
Protected Species home page, https://
apps.nmfs.noaa.gov, and then selecting
File No. 21321 from the list of available
applications.
These documents are also available
upon written request or by appointment
in the Permits and Conservation
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301) 427–8401; fax (301) 713–0376.
Written comments on this application
should be submitted to the Chief,
Permits and Conservation Division, at
the address listed above. Comments may
also be submitted by facsimile to (301)
713–0376, or by email to
[email protected]. Please
include the File No. in the subject line
of the email comment.
Those individuals requesting a public
hearing should submit a written request
to the Chief, Permits and Conservation
Division at the address listed above. The
request should set forth the specific
reasons why a hearing on this
application would be appropriate.
FOR FURTHER INFORMATION CONTACT:
Courtney Smith or Amy Hapeman, (301)
427–8401.
SUPPLEMENTARY INFORMATION: The
subject amendment to Permit No. 21321
is requested under the authority of the
Marine Mammal Protection Act of 1972,
as amended (16 U.S.C. 1361 et seq.), the
regulations governing the taking and
importing of marine mammals (50 CFR
part 216), the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et
seq.), and the regulations governing the
taking, importing, and exporting of
endangered and threatened species (50
CFR parts 222–226).
Permit No. 21321, issued on April 23,
2018 (83 FR 21765), authorizes the
permit holder to take false killer whales
Pseudorca crassidens (including the
endangered Main Hawaiian Islands
insular false killer whale distinct
population segment) by vessel and
unmanned aerial surveys within nearand off-shore waters of the Maui 4island region (Hawaii) to assess their
distribution, abundance, social
organization, population structure,
population size, foraging, reproduction,
movements, habitat use, body condition,
and behavior.
The permit holder is requesting the
permit be amended to include
authorization to take an additional 20
cetacean species by the same aerial and
vessel research activities for the same
purposes: Bottlenose (Tursiops
truncatus); Pantropical spotted (Stenella

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attenuata), Risso’s (Grampus griseus),
Rough-toothed (Steno bredanensis),
Short-beaked common dolphin
(Delphinus delphis), Spinner (Stenella
longirostris), and Striped (Stenella
coeruleoalba) dolphins; and Blainville’s
beaked (Mesoplodon densirostris),
Bryde’s (Balaenoptera brydei), Cuvier’s
beaked (Ziphius cavirostris), Dwarf
sperm (Kogia sima), Fin (Balaenoptera
physalus), Humpback (Megaptera
novaeangliae), Killer (Orcinus orca),
Melon-headed (Peponocephala electra),
Minke (Balaenoptera acutorostrata),
Pygmy killer (Feresa attenuata), Pygmy
sperm (Kogia breviceps), Short-finned
pilot (Globicephala macrorhynchus),
and Sperm whales (Physeter
microcephalus).
Additionally, the applicant requests
to add a new procedure to take all
authorized and requested species by
close approach using a small,
underwater remote operated vehicle
(ROV). Take numbers for each species
and take method are outlined in the
amendment request take table.
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), an initial
determination has been made that the
activity proposed is categorically
excluded from the requirement to
prepare an environmental assessment or
environmental impact statement.
Concurrent with the publication of
this notice in the Federal Register,
NMFS is forwarding copies of this
application to the Marine Mammal
Commission and its Committee of
Scientific Advisors.
Dated: May 31, 2019.
Julia Marie Harrison,
Chief, Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. 2019–11689 Filed 6–4–19; 8:45 am]
BILLING CODE 3510–22–P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; NMFS
Implementation of International Trade
Data System
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:

The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general

SUMMARY:

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public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before August 5, 2019.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW,
Washington, DC 20230 (or via the
internet at [email protected]).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Christopher Rogers at (301)
427–8375 or christopher.rogers@
noaa.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
Type of Review: Regular submission
(revision and extension of a current
information collection).
The Security and Accountability for
Every Port Act of 2006 (SAFE Port Act,
Pub. L. 109–347) requires all Federal
agencies with a role in import
admissibility decisions to collect
information electronically through the
International Trade Data System (ITDS).
The Department of the Treasury has the
U.S. Government lead on ITDS
development and Federal agency
integration. U.S. Customs and Border
Protection (CBP) developed the
Automated Commercial Environment
(ACE) as an internet-based system for
the collection and dissemination of
information for ITDS. The Office of
Management and Budget (OMB),
through its e-government initiative,
oversees Federal agency participation in
ITDS, with a focus on reducing
duplicate reporting across agencies and
migrating paper-based reporting systems
to electronic information collection.
Numerous Federal agencies are
involved in the regulation of
international trade and many of these
agencies participate in the import,
export, and transportation-related
decision-making process. Agencies also
use trade data to monitor and report on
trade activity. NMFS is a partner
government agency in the ITDS project
because of its role in monitoring the
trade of certain fishery products.
Electronic collection of seafood trade
data through a single portal has resulted
in an overall reduction of the public
reporting burden and the agency’s data
collection costs, has improved the
timeliness and accuracy of admissibility
decisions, and has increased the

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Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / Notices

effectiveness of applicable trade
restrictive measures.
NMFS is responsible for
implementation of trade measures and
monitoring programs for fishery
products subject to the documentation
requirements of Regional Fishery
Management Organizations (RFMO)
and/or documentation requirements
under domestic laws. RFMOs are
international fisheries organizations,
established by treaties, to promote
international cooperation to achieve
effective and responsible marine
stewardship and ensure sustainable
fisheries management. The United
States is a signatory to many RFMO
treaties, and Congress has passed
implementing legislation to carry out
U.S. obligations under those treaties,
including trade measures to support
conservation. Trade measures and
monitoring programs enable the United
States to exclude products that do not
meet the RFMO criteria for admissibility
to U.S. markets.
Pursuant to domestic statutory
authorities and/or multilateral
agreements, NMFS has implemented a
number of monitoring programs to
collect information from the seafood
industry regarding the origin of certain
fishery products. The purpose of these
programs is to determine the
admissibility of the products in
accordance with the specific criteria of
the trade measure or documentation
requirements in effect.
The three NMFS trade monitoring
programs included in the OMB
information collection approved under
Control Number 0648–0732 are the
Highly Migratory Species International
Trade Program (HMS ITP) which
regulates trade in specified commodities
of tuna, swordfish, billfish, and shark
fins; the Antarctic Marine Living
Resources (AMLR) trade program which
regulates trade in Antarctic and
Patagonian toothfish and other fishery
products caught in the area where the
Convention on the Conservation of
Antarctic Marine Living Resources
(CCAMLR) applies; and the Tuna
Tracking and Verification Program
(TTVP), which regulates trade in frozen
and/or processed tuna products (refer to
50 CFR 216.24(f)(2)(iii) for a complete
list).
Separately, NMFS received approval
from OMB for the Seafood Import
Monitoring Program (SIMP) under
Control Number 0648–0739. That
program has been implemented under
the authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (MSA). Section 307(1)(Q) of the
MSA prohibits the importation of fish or
fish products that have been harvested

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in violation of a foreign law or
regulation, or in contravention of a
binding conservation measure of an
RFMO to which the United States is a
contracting party. Under SIMP,
information on the harvest event must
be submitted in ACE as part of the entry
filing for designated fish products to
allow NMFS to determine that the fish
were lawfully acquired and are therefore
admissible into U.S. commerce. In 2019,
NMFS included shrimp and abalone
entries in SIMP, and received OMB
approval for the additional reporting
burden for shrimp and abalone entries
under a separate Control Number (0648–
0776).
Generally, these trade monitoring
programs are similar and require anyone
who intends to import, export, and/or
re-export regulated species to: Obtain a
permit from NMFS; obtain
documentation on the flag-nation
authorization for the harvest from the
foreign exporter; and submit this
information to NMFS. Depending on the
commodity, specific information may
also be required. For example, the flag
state of the harvesting vessel, the ocean
area of catch, the fishing gear used, the
harvesting vessel name, and details and
authorizations related to harvest,
landing, transshipment and export. In
renewing collection 0648–0732, NMFS
will also request that OMB merge all the
trade monitoring programs under one
collection, thereby incorporating the
reporting burdens associated with
collections 0648–0739 and 0648–0776
within the scope of 0648–0732.
II. Method of Collection
The initial requirement for U.S.
entities trading in the reportable
commodities is to apply for an
International Fisheries Trade Permit
(IFTP). To obtain the IFTP, U.S.
importers, exporters, and re-exporters of
seafood products covered under the
TTVP, AMLR, and HMS ITP programs
would be required to electronically
submit their application and fee for the
IFTP via the National Permits System
available online at: https://
fisheriespermits.noaa.gov/npspub/
pub_cmn_login/index_live.jsp).
Currently, the TTVP, AMLR, HMS ITP
and SIMP regulations require
submission of specific information and
documentation for trade monitoring.
The IFTP holder, or his or her
representative (e.g., customs broker),
would need to electronically provide
CBP via ACE with certain data sets (i.e.,
a subset of the information required to
be kept as records under the TTVP,
AMLR, HMS ITP or SIMP programs) and
scanned images of documentation for
each applicable trade transaction. NMFS

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has provided detailed information
regarding submission of data sets and
documentation in a compliance guide
for industry which has been posted
online at: (https://
www.iuufishing.noaa.gov/Portals/33/
SIMPComplianceGuide2018rev.pdf?
ver=2018-12-11-172442-553).
The format for the data sets has been
designated for each of the three
programs and specified in the following
documents that were jointly developed
by NMFS and CBP and made available
online to affected entry filers by CBP
(http://www.cbp.gov/trade/ace/catair):
CBP and Trade Automated Interface
Requirements—Appendix PGA
CBP and Trade Automated Interface
Requirements—PGA Message Set
Automated Broker Interface (ABI)
Requirements—Implementation
Guide for NMFS
III. Data
OMB Control Numbers: 0648–0732;
0648–0739; 0648–0776.
Form Number(s): None.
Type of Review: Regular submission;
revision and extension of a current
information collection.
Affected Public: Business or other forprofit organizations; Federal
government.
Estimated Number of Respondents:
1,800 per year.
Estimated Time per Response: 3
hours.
Estimated Total Annual Burden
Hours: 365,000 hours.
Estimated Total Annual Cost to
Public: $2,900,000.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;

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Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / Notices
they also will become a matter of public
record.
Sheleen Dumas,
Departmental Lead PRA Officer, Office of the
Chief Information Officer, Commerce
Department.
[FR Doc. 2019–11639 Filed 6–4–19; 8:45 am]
BILLING CODE 3510–22–P

DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO–C–2019–0021]

Patent and Trademark Public Advisory
Committees
United States Patent and
Trademark Office, Commerce.
ACTION: Notice and request for
nominations for the Patent and
Trademark Public Advisory
Committees.
AGENCY:

On November 29, 1999, the
President signed into law the Patent and
Trademark Office Efficiency Act (‘‘1999
Act’’), which, among other things,
established two Public Advisory
Committees to review the policies,
goals, performance, budget and user fees
of the United States Patent and
Trademark Office (USPTO) with respect
to patents, in the case of the Patent
Public Advisory Committee, and with
respect to trademarks, in the case of the
Trademark Public Advisory Committee,
and to advise the Director on these
matters (now codified in the United
States Code). The America Invents Act
Technical Corrections Act made several
amendments to the 1999 Act, including
the requirement that the terms of the
USPTO Public Advisory Committee
members be realigned by 2014, so that
December 1 be used as the start and end
date, with terms staggered so that each
year three existing terms expire and
three new terms begin on December 1.
Through this Notice, the USPTO is
requesting nominations for up to three
(3) members of the Patent Public
Advisory Committee, and for up to three
(3) members of the Trademark Public
Advisory Committee, for terms of three
years that begin on December 1, 2019.
DATES: Nominations must be
postmarked or electronically
transmitted on or before July 12, 2019.
ADDRESSES: Persons wishing to submit
nominations should send the nominee’s
resume´ by postal mail to Christopher
Shipp, Acting Chief of Staff, Office of
the Under Secretary of Commerce for
Intellectual Property and Director of the
USPTO, Post Office Box 1450,
Alexandria, Virginia 22313–1450 or by

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electronic mail to: PPACnominations@
uspto.gov for the Patent Public Advisory
Committee, or TPACnominations@
uspto.gov for the Trademark Public
Advisory Committee.
FOR FURTHER INFORMATION CONTACT:
Christopher Shipp, Acting Chief of Staff,
Office of the Under Secretary of
Commerce for Intellectual Property and
Director of the USPTO, at (571) 272–
8600.
SUPPLEMENTARY INFORMATION: The
Advisory Committees’ duties include:
• Review and advise the Under
Secretary of Commerce for Intellectual
Property and Director of the USPTO on
matters relating to policies, goals,
performance, budget, and user fees of
the USPTO relating to patents and
trademarks, respectively (35 U.S.C. 5);
and
• Within 60 days after the end of each
fiscal year: (1) Prepare an annual report
on matters listed above; (2) transmit the
report to the Secretary of Commerce, the
President, and the Committees on the
Judiciary of the Senate and the House of
Representatives; and (3) publish the
report in the Official Gazette of the
USPTO. Id.
Advisory Committees
The Public Advisory Committees are
each composed of nine (9) voting
members who are appointed by the
Secretary of Commerce (‘‘Secretary’’)
and serve at the pleasure of the
Secretary for three-year terms. Members
are eligible for reappointment for a
second consecutive three-year term. The
Public Advisory Committee members
must be citizens of the United States
and are chosen to represent the interests
of diverse users of the United States
Patent and Trademark Office with
respect to patents, in the case of the
Patent Public Advisory Committee, and
with respect to trademarks, in the case
of the Trademark Public Advisory
Committee. Members must represent
small and large entity applicants located
in the United States in proportion to the
number of applications filed by such
applicants. The Committees must
include individuals with ‘‘substantial
background and achievement in finance,
management, labor relations, science,
technology, and office automation.’’ 35
U.S.C. 5(b)(3). Each of the Public
Advisory Committees also includes
three (3) non-voting members
representing each labor organization
recognized by the USPTO.
Administration policy discourages the
appointment of federally registered
lobbyists to agency advisory boards and
commissions (Lobbyists on Agency
Boards and Commissions, https://

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obamawhitehouse.archives.gov/blog/
2009/09/23/lobbyists-agency-boardsand-commissions (Sept. 23, 2009)); cf.
E.O. 13490, 74 FR 4673 (Jan. 21, 2009)
(While Executive Order 13490 does not
specifically apply to federally registered
lobbyists appointed by agency or
department heads, it sets forth the
Administration’s general policy of
decreasing the influence of special
interests in the Federal Government).
Procedures and Guidelines of the
Patent and Trademark Public Advisory
Committees
Each newly appointed member of the
Patent and Trademark Public Advisory
Committees will serve for a three-year
term that begins on December 1, 2019,
and ends on December 1, 2022. As
required by the 1999 Act, members of
the Patent and Trademark Public
Advisory Committees will receive
compensation for each day (including
travel time) while the member is
attending meetings or engaged in the
business of that Advisory Committee.
The enabling statute states that members
are to be compensated at the daily
equivalent of the annual rate of basic
pay in effect for level III of the Executive
Schedule under section 5314 of title 5
of the United States Code. Committee
members are compensated on an hourly
basis, calculated at the daily rate. While
away from home or regular place of
business, each member shall be allowed
travel expenses, including per diem in
lieu of subsistence, as authorized by
section 5703 of title 5 of the United
States Code.
Applicability of Certain Ethics Laws
Public Advisory Committee Members
are Special Government Employees
within the meaning of section 202 of
title 18 of the United States Code. The
following additional information
includes several, but not all, of the
ethics rules that apply to members, and
assumes that members are not engaged
in Public Advisory Committee business
more than 60 days during any period of
365 consecutive days.
• Each member will be required to
file a confidential financial disclosure
form within thirty (30) days of
appointment. 5 CFR 2634.202(c),
2634.204, 2634.903, and 2634.904(b).
• Each member will be subject to
many of the public integrity laws,
including criminal bars against
representing a party in a particular
matter that came before the member’s
committee and that involved at least one
specific party. 18 U.S.C. 205(c); see also
18 U.S.C. 207 for post-membership bars.
A member also must not act on a matter
in which the member (or any of certain

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