30-day FRN

Federal Register / Vol. 88, No. 12 / Thursday, January 19, 2023 / Notices

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adverse effects on listed species can
result in direct harm or injury of
individuals of the covered species, and
through changes in habitat that interfere
with the essential life activities of the
species. Both types of effects are
addressed in the HCP conservation
measures.
The HCP addresses the adverse effects
of the covered activities on the covered
species by reducing or eliminating those
effects to the maximum extent
practicable, and by mitigating effects
that cannot be eliminated altogether. To
address the adverse effects, the HCP’s
conservation measures modify irrigation
activities that reduce instream flow. As
a result, with implementation of the
HCP, flows in the affected reaches will
be higher than they were historically
(over the last 50+ years) in the winter,
and the duration of high summer water
temperatures will be reduced.
The conservation strategy consists of
a series of conservation measures to
reduce and mitigate (i.e., offset) the
adverse effects of covered activities that
can result in the take of the covered
species. Proposed conservation
measures include actions that would
change the timing and volume of water
released from covered reservoirs and
streamflow in covered rivers and creeks
by (1) establishing a minimum instream
flow in the Deschutes River below Crane
Prairie Dam; (2) increasing fall and
winter Deschutes River flows based on
a schedule of flow increases, thus
improving rearing and migratory habitat
for covered species in the middle and
lower Deschutes River; (3) limiting
irrigation season flows (summer flow
cap) in years 8 through 28 of the ITP;
(4) supplementing releases of
uncontracted storage from Prineville
Reservoir on the Crooked River; (5)
providing conservation funds for the
Crooked River, Whychus Creek, and
Upper Deschutes River; and (6)
providing other conservation measures
to modify operation and maintenance of
water facilities to enhance flows on the
Deschutes River, Crescent Creek, Little
Deschutes River, Whychus Creek,
Crooked River, Ochoco Creek, and
McKay Creek. The conservation strategy
also provides an adaptive management
and monitoring program to ensure that
it is achieving the intended benefits to
the covered species.
Criteria for Issuing Permit 26645
Issuance criteria for this permit are
described in ESA section 10(a)(2)(B) and
its implementing regulations (50 CFR
222.307(c)(2)). According to the ESA,
NMFS shall issue the requested
incidental take permit, if NMFS finds
that the following criteria are met:

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(i) The taking will be incidental;
(ii) The applicant will, to the
maximum extent practicable, minimize
and mitigate the impacts of such taking;
(iii) The applicant will ensure that
adequate funding for the plan will be
provided;
(iv) The taking will not appreciably
reduce the likelihood of the survival
and recovery of the species in the wild;
and
(v) The measures, if any, required
under subparagraph (A)(iv) will be met,
and NMFS has received such other
assurances as it may require that the
plan will be implemented.
NMFS found that the applicants met
the criteria for the issuance of an
incidental take permit, and as such,
NMFS issued the incidental take permit
to the applicants for the incidental take
of the covered species.
Authority
Section 9 of the ESA and Federal
regulations prohibits the ‘‘taking’’ of a
species listed as endangered or
threatened. The ESA defines ‘‘take’’ to
mean harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect, or
to attempt to engage in any such
conduct. NMFS may issue permits,
under limited circumstances to take
listed species when take is incidental to,
and not the purpose of, otherwise lawful
activities. Section 10(a)(1)(B) of the ESA
provides for authorizing incidental take
of listed species by non-Federal entities.
The regulations for issuing incidental
take permits for threatened and
endangered species are promulgated at
50 CFR 222.307.
Dated: January 12, 2023.
Angela Somma,
Chief, Endangered Species Division, Office
of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2023–00902 Filed 1–18–23; 8:45 am]
BILLING CODE 3510–22–P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; International Dolphin
Conservation Program
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of

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1995, on or after the date of publication
of this notice. We invite the general
public and other Federal agencies to
comment on proposed, and continuing
information collections, which helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. Public
comments were previously requested
via the Federal Register on August 31,
2022 during a 60-day comment period.
This notice allows for an additional 30
days for public comments.
Agency: National Oceanic &
Atmospheric Administration (NOAA),
Commerce.
Title: International Dolphin
Conservation Program.
OMB Control Number: 0648–0387.
Form Number(s): None.
Type of Request: Regular submission,
extension of a currently approved
information collection, without change.
Number of Respondents: 518.
Average Hours per Response: 35
minutes for a vessel permit application;
10 minutes for an operator permit
application, a notification of vessel
arrival or departure, a change in permit
operator, a notification of a net
modification or a monthly tuna storage
removal report; 30 minutes for a request
for a waiver to transit the ETP without
a permit (and subsequent radio
reporting) or for a special report
documenting the origin of tuna (if
requested by the NOAA Administrator);
10 hours for an experimental fishing
operation waiver; 15 minutes for a
request for a Dolphin Mortality Limit;
35 minutes for written notification to
request active status for a small tuna
purse seine vessel; 5 minutes for written
notification to request inactive status for
a small tuna purse seine vessel or for
written notification of the intent to
transfer a tuna purse seine vessel to
foreign registry and flag; 60 minutes for
a tuna tracking form or for a monthly
tuna receiving report; 30 minutes for
IMO application or exemption request;
30 minutes for chain of custody
recordkeeping reporting requirement.
Total Annual Burden Hours: 277.
Needs and Uses: This request is for
extension, without change, of a current
information collection.
National Oceanic and Atmospheric
Administration (NOAA) collects
information to implement the
International Dolphin Conservation
Program Act (Act). The Act allows entry
of yellowfin tuna into the United States
(U.S.), under specific conditions, from
nations in the International Dolphin
Conservation Program that would
otherwise be under embargo. The Act
also allows U.S. fishing vessels to
participate in the yellowfin tuna fishery

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Federal Register / Vol. 88, No. 12 / Thursday, January 19, 2023 / Notices

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in the eastern tropical Pacific Ocean
(ETP) on terms equivalent with the
vessels of other nations. NOAA collects
information to allow tracking and
verification of ‘‘dolphin-safe’’ and ‘‘nondolphin safe’’ tuna products from catch
through the U.S. market.
The regulations implementing the Act
are at 50 CFR parts 216 and 300. The
recordkeeping and reporting
requirements at 50 CFR parts 216 and
300 form the basis for this collection of
information. This collection includes
permit applications, notifications, tuna
tracking forms, reports, and
certifications that provide information
on vessel characteristics and operations
in the ETP, the origin of tuna and tuna
products, chain of custody
recordkeeping requirements and certain
other information necessary to
implement the Act.
Affected Public: Business or other forprofit organizations; individuals or
households.
Frequency: Annually, monthly, as
requested, or as needed.
Respondent’s Obligation: Mandatory.
Legal Authority: The International
Dolphin Conservation Program Act,
with regulations implementing the Act
at 50 CFR parts 216 and 300. The
recordkeeping and reporting
requirements at 50 CFR parts 216 and
300 form the basis for this collection of
information.
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view the
Department of Commerce collections
currently under review by OMB.
Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function and
entering either the title of the collection
or the OMB Control Number 0648–0387.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2023–00983 Filed 1–18–23; 8:45 am]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO–P–2022–0032]

Expanding Opportunities To Appear
Before the Patent Trial and Appeal
Board
United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Request for comments;
extension of written comment period.
AGENCY:

The United States Patent and
Trademark Office (Office or USPTO)
published a request for comments in the
Federal Register on October 18, 2022,
seeking comments from the public on
the requirements to practice before the
Patent Trial and Appeal Board (PTAB).
Through this notice, the Office is
extending the period for written public
comments until January 31, 2023.
DATES: Comment Deadline: Written
comments must be received by January
31, 2023.
ADDRESSES: For reasons of government
efficiency, comments must be submitted
through the Federal eRulemaking Portal
at www.regulations.gov. To submit
comments via the portal, enter docket
number PTO–P–2022–0032 on the
homepage and click ‘‘Search.’’ The site
will provide a search results page listing
all documents associated with this
docket. Find a reference to this request
for comments and click on the
‘‘Comment Now!’’ icon, complete the
required fields, and enter or attach your
comments. Attachments to electronic
comments will be accepted in ADOBE®
portable document format (PDF) or
MICROSOFT WORD® format. Because
comments will be made available for
public inspection, information that the
submitter does not desire to make
public, such as an address or phone
number, should not be included. Visit
the Federal eRulemaking Portal for
additional instructions on providing
comments via the portal. If electronic
submission of and access to comments
is not feasible due to a lack of access to
a computer and/or the internet, please
contact the Office using the contact
information below for special
instructions on how to submit
comments by other means.
FOR FURTHER INFORMATION CONTACT:
Michael Tierney, Vice Chief
Administrative Patent Judge; Scott
Moore, Acting Vice Chief
Administrative Patent Judge; and/or
Jamie Wisz, Lead Administrative Patent
Judge; at 571–272–9797.
SUMMARY:

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On
October 18, 2022, the USPTO published
a Federal Register Notice announcing
that the Office seeks public input on
whether revisions should be made to the
criteria for appearing as counsel and/or
lead counsel in PTAB proceedings
under the Leahy-Smith America Invents
Act. The request for comments also
sought public input on whether the
USPTO should make changes or
improvements to training and
development programs, such as the
PTAB’s Legal Experience and
Advancement Program, to increase
opportunities for practitioners who wish
to appear before the PTAB. 87 FR 63047.
The notice requested that written public
comments be submitted on or before
January 17, 2023.
Through this notice, the USPTO is
extending the period for written public
comments until January 31, 2023, to
give interested members of the public
additional time to submit comments.
Previously submitted written comments
do not need to be resubmitted. Any
comments received after the close of the
previous deadline of January 17, 2023,
and the publication date of this notice
will be treated as timely and given full
consideration.
All other information and instructions
to commenters provided in the October
18, 2022, notice remain unchanged.

SUPPLEMENTARY INFORMATION:

Katherine K. Vidal,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2023–00947 Filed 1–18–23; 8:45 am]
BILLING CODE 3510–16–P

DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO–P–2022–0027]

Expanding Admission Criteria for
Registration To Practice in Patent
Cases Before the United States Patent
and Trademark Office
United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Request for comments;
extension of written comment period.
AGENCY:

The United States Patent and
Trademark Office (USPTO or Office)
published a request for comments in the
Federal Register on October 18, 2022,
seeking comments from the public on
the scientific and technical
requirements to practice in patent
matters before the USPTO. Through this
notice, the Office is extending the

SUMMARY:

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