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Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Notices
target eels that are the subject of
Addendum III’s protection.
Delaware indicated to us that they
expect to have appropriate regulations
protecting American eel in place by
early next year. If the State of Delaware
does enact such measures, and the
Commission determines that the
measures are compliant with the Plan,
under the Act, the Commission would
immediately notify the Secretary that
the state of Delaware is in compliance
with the Plan. If NMFS concurs, the
moratorium in the state waters of
Delaware will be rescinded. If Delaware
is unable to put in place appropriate
regulations prior to March 18, 2016,
then a Federal moratorium on eel
fishing in Delaware waters would be
immediately implemented and continue
until the Secretary concurs with a
determination from the Commission
that the state of Delaware has come into
compliance with the Plan.

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Moratorium Prohibitions
The positive 30-day finding triggers
the moratorium prohibitions set forth in
the Atlantic Coastal Act, 16 U.S.C.
5106(e). Accordingly, on March 18,
2016, NMFS will implement an
American eel moratorium for in
Delaware state waters. At that time, it
will be unlawful to do the following:
(1) Engage in fishing for American eel
within the waters of the Delaware (Note:
Under the Atlantic Coastal Act, the
definition of ‘‘fishing’’ includes landing
and/or possessing);
(2) Land, attempt to land, or possess
American eel that are caught, taken, or
harvested in violation of the
moratorium;
(3) Fail to return to the water
immediately, with a minimum of injury,
any American eel in Delaware waters
that are taken incidental to fishing for
species other than those to which the
moratorium applies;
(4) Refuse to permit any officer
authorized to enforce the provisions of
this moratorium to board a fishing
vessel subject to such person’s control
for purposes of conducting any search
or inspection in connection with the
enforcement of this chapter;
(5) Forcibly assault, resist, oppose,
impede, intimidate, or interfere with
any such authorized officer in the
conduct of any search or inspection
under this moratorium;
(6) Resist a lawful arrest for any act
prohibited by this moratorium;
(7) Ship, transport, offer for sale, sell,
purchase, import, or have custody,
control, or possession of, any fish taken
or retained in violation of this
moratorium; or

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(8) Interfere with, delay, or prevent,
by any means, the apprehension or
arrest of another person, knowing that
such other person has committed any
act prohibited by this moratorium.
Classification
This declaration of a moratorium is
consistent with the Atlantic Coastal Act
at 16 U.S.C. 5106 insofar as Delaware
has been found to have failed to carry
out its responsibilities under the
Commission’s American Eel Plan and
the measures that Delaware has failed to
implement and enforce are necessary for
the conservation of the American eel
fishery. Further, the moratorium
prohibits fishing, possessing and/or
landing American eel within Delaware
state waters and is being implemented
within six months of the agency
findings.
The declaration of a moratorium is
consistent with the Administrative
Procedures Act at 5 U.S.C. 555 insofar
as Delaware was given prompt notice of
the Commission’s non-compliance
referral and was given an opportunity to
meet with the agency and provide
comments on this matter. Further, the
agency has immediately notified
Delaware of the agency’s determination
in this matter. Additionally, NMFS
provided notice to the public of this
compliance action in a notice in the
Federal Register dated (80 FR 166,
August 27, 2015). NMFS received one
comment in response to that notice
suggesting that Delaware be found out of
compliance and that a moratorium be
implemented. The comment did not
provide any further detail. NMFS’
present action is consistent with the
commenter’s suggested outcome.
NMFS finds that public comment is
impracticable and contrary to the public
interest, not only because the rigid
statutory time lines makes such
impracticable and would impermissibly
delay mandatory agency action, but also
because the issue has been considerably
vetted in public forums, such as before
the Delaware General Assembly and the
Commission in the months prior to the
referral. Nevertheless, NMFS did notify
the public of this action in its Federal
Register Notice (80 FR 166; August 27,
2015). NMFS received one comment,
which supported a moratorium and is
described above.
The declaration of moratorium does
not trigger the analytical requirements
of the Regulatory Flexibility Act, 5
U.S.C. 601 et seq. because the action
was not the result of notice and
comment rulemaking under Section 553
of the Administrative Procedures Act.
The declaration of a moratorium does
not fall under review under Executive

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Order 12866 insofar as the moratorium
is not a regulatory action of the agency
but is an action mandated by Congress
upon the findings of certain conditions
precedent set forth in the Atlantic
Coastal Act, which also prescribes the
nature and extent of the moratorium.
Nevertheless, the agency has
determined that this action is not
significant for the purpose of E.O.
12866. The fishery is small and a
moratorium is not expected to
materially adversely affect the economy
or have an impact of over $100 million.
The matter creates no serious
inconsistency with actions by other
agencies and is not expected to have
material budgetary impacts.
The moratorium is not the result of a
policy formulated or implemented by
the agency, but instead is the result of
the application of found facts to the
Congressional standards set forth in the
Atlantic Coastal Act and as such, the
declaration does not implicate
federalism in the manner contemplated
by Executive Order 13132. The agency,
however, has nevertheless consulted, to
the extent practicable, with appropriate
state and local administrative and law
enforcement officials to address the
principles, criteria, and requirements of
E.O. 13132.
Authority: 16 U.S.C. 5101 et seq.
Dated: September 18, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. 2015–24203 Filed 9–22–15; 8:45 am]
BILLING CODE 3510–22–P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Economic
Expenditure Survey of Golden Crab
Fishermen in the U.S. South Atlantic
Region
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.

AGENCY:

ACTION:

Notice.

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

SUMMARY:

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Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Notices

Written comments must be
submitted on or before November 23,
2015.

DATES:

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 JJessup@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Dr. Scott Crosson, (305) 361–
4468 or scott.crosson@noaa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:

I. Abstract
This request is for a reinstatement
without change. The National Marine
Fisheries Service (NMFS) proposes to
collect economic information from
golden-crab landing commercial
fishermen in the United States (U.S.)
South Atlantic region. The data gathered
will be used to evaluate the likely
economic impacts of management
proposals. In addition, the information
will be used to satisfy legal mandates
under Executive Order 12898, the
Magnuson-Stevens Fishery
Conservation and Management Act
(U.S.C. 1801 et seq.), the Regulatory
Flexibility Act, the Endangered Species
Act, and the National Environmental
Policy Act, and other pertinent statues.
II. Method of Collection
A standardized survey will be
administered via in-person, telephone
and/or mail to all fishermen
participating in the fishery.

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III. Data
OMB Number: 0648–0631.
Form Number: None.
Type of Review: Regular submission
(reinstatement without change of a
previously approved information
collection).
Affected Public: Business or other forprofit organizations.
Estimated Number of Respondents: 9.
Estimated Time per Response: 1 hour.
Estimated Total Annual Burden
Hours: 9.
Estimated Total Annual Cost to
Public: $0 in recordkeeping/reporting
costs.
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

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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;
they also will become a matter of public
record.
Dated: September 18, 2015.
Sarah Brabson,
NOAA PRA Clearance Officer.
[FR Doc. 2015–24132 Filed 9–22–15; 8:45 am]
BILLING CODE 3510–22–P

DEPARTMENT OF COMMERCE
Patent and Trademark Office
Submission for OMB Review;
Comment Request; ‘‘Matters Related to
First Inventor to File’’
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: United States Patent and
Trademark Office, Commerce.
Title: Matters Related to First Inventor
to File.
OMB Control Number: 0651–0071.
Form Number(s): None.
Type of Request: Regular.
Number of Respondents: 50,150.
Average Time per Response: 6.79
hours (between 2 and 10 hours,
depending upon the instrument used).
Burden Hours: 340,300.
Cost Burden: $8,475.50.
Needs and Uses: This information
collection is necessary so that patent
applicants and/or patentees may: (1)
Provide a statement if a nonprovisional
application filed on or after March 16,
2013, claims the benefit of the filing
date of a foreign, provisional, or
nonprovisional application filed prior to
March 16, 2013, and also contains, or
contained at any time, a claim to a
claimed invention that has an effective
filing date on or after March 16, 2013;
(2) provide a statement if a
nonprovisional application filed on or
after March 16, 2013, claims the benefit
of the filing date of a foreign,
provisional, or nonprovisional

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application filed prior to March 16,
2013, does not contain a claim to a
claimed invention that has an effective
filing date on or after March 16, 2013,
but discloses subject matter not also
disclosed in the foreign, provisional, or
nonprovisional application; (3) identify
the inventor, and ownership on the
effective filing date, of each claimed
invention in an application or patent
with more than one named inventor,
when necessary for purposes of a
USPTO proceeding; and (4) show that a
disclosure was by the inventor or joint
inventor, or was by a party who
obtained the subject matter from the
inventor or a joint inventor, or that there
was a prior public disclosure by the
inventor or a joint inventor, or by a
party who obtained the subject matter
from the inventor or a joint inventor.
The USPTO will use the statement
that a nonprovisional application filed
on or after March 16, 2013, that claims
the benefit of the filing date of a foreign,
provisional, or nonprovisional
application filed prior to March 16,
2013, contains, or contained at any time,
a claim to a claimed invention that has
an effective filing date on or after March
16, 2013, or that such application does
not contain a claim to a claimed
invention that has an effective filing
date on or after March 16, 2013, but
discloses subject matter not also
disclosed in the foreign, provisional, or
nonprovisional application (or lack of
such a statement) to readily determine
whether the nonprovisional application
is subject to the changes to 35 U.S.C.
102 and 103 in the AIA. The USPTO
will use the identification of the
inventor, and ownership on the effective
filing date, when it is necessary to
determine whether a U.S. patent or U.S.
patent application publication resulting
from another nonprovisional
application qualifies as prior art under
35 U.S.C. 102(a)(2). The USPTO will use
information concerning whether a
disclosure was by the inventor or joint
inventor, or was by a party who
obtained the subject matter from the
inventor or a joint inventor, or that there
was a prior public disclosure by the
inventor or a joint inventor, or by a
party who obtained the subject matter
from the inventor or a joint inventor, to
determine whether the disclosure
qualifies as prior art under 35 U.S.C.
102(a)(1) or (a)(2).
Affected Public: Businesses or other
for-profits; not-for-profit institutions.
Frequency: On occasion.
Respondent’s Obligation: Required to
Obtain or Retain Benefits.
OMB Desk Officer: Nicholas A. Fraser,
email: Nicholas_A._Fraser@
omb.eop.gov.

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