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Federal Register Summary for week of 4 June

    Commerce

  • Enhanced Examination Timing Control Initiative; Notice of Public Meeting

    AGENCY: United States Patent and Trademark Office, Commerce.

    ACTION: Notice of public meeting; request for comments.


    SUMMARY: This notice announces a public meeting to solicit public opinions on an initiative being considered by the United States Patent and Trademark Office (USPTO) to provide applicants with greater control over when their applications are examined and to enhance work sharing between intellectual property offices. Under the initiative, for applications filed in the USPTO that are not based on a prior foreign- filed application (e.g., that do not claim foreign priority benefit), applicant would be able to: (1) Request prioritized examination (Track I); (2) for non-continuing applications, request a delay lasting up to 30 months in docketing for examination (Track III); or (3) obtain processing under the current procedure (Track II) by not requesting either (1) or (2). For applications filed in the USPTO that are based on a prior foreign-filed application, no action would be taken by the USPTO until the USPTO receives a copy of the search report, if any, and first office action from the foreign office and an appropriate reply to the foreign office action as if the foreign office action was made in the application filed in the USPTO. Following or concurrent with the submission of the foreign office action and reply, applicant may request prioritized examination or obtain processing under the current procedure.

    This initiative aims both to provide applicants with the type of examination they need and to reduce the overall pendency of patent applications (which currently stands at almost three years). Overall pendency would be decreased in three ways: (1) Increased resources in Track 1 would result in increased output; (2) reuse of search and examination work done by other offices would result in greater efficiency; and (3) applicants who chose Track III because their applications were of lower value might ultimately decide not to pursue their application examination efforts that had been expended on the applications. As a part of the three-tracks, an applicant may request and pay for a supplemental search from a participating intellectual property granting office. Any member of the public may submit written comments on this initiative being considered by the USPTO.

    Dates and Times: The public meeting will be held on July 20, 2010, beginning at 1:30 p.m.

    Persons interested in attending the meeting must register by 5 p.m. Eastern Standard Time (EST) on July 16, 2010.

    Written comments must be submitted by August 20, 2010.

    ADDRESSES: The public meeting will be held at the USPTO, in the South Auditorium of Madison West, 600 Dulany Street, Alexandria, VA 22314.

    Written comments should be sent by electronic mail message over the Internet addressed to 3trackscomments@uspto.gov. Comments may also be submitted by mail addressed to: Mail Stop Comments-Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Robert A. Clarke. Although comments may be submitted by mail, submission via e-mail to the above address is preferable.

    The written comments will be available for public inspection at the Office of the Commissioner for Patents, located in Madison East, Tenth Floor, 600 Dulany Street, Alexandria, Virginia, and will be available via the USPTO Internet Web site (address: http://www.uspto.gov). Because comments will be made available for public inspection, information that is not desired to be made public, such as an address or phone number, should not be included.

    FOR REGISTRATION TO GIVE A PRESENTATION IN THE MEETING: If you wish to make an oral presentation at the meeting, you must register by sending an e-mail to the e-mail address, 3trackscomments@uspto.gov, by 5 p.m. EST on July 13, 2010. See the registration information provided below.

    FOR FURTHER INFORMATION CONTACT: Robert A. Clarke ((571) 272-7735), Deputy Director, Office of Patent Legal Administration, directly by phone, by e-mail to Robert.Clarke@uspto.gov, or by mail addressed to: Mail Stop Comments-Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450. For further information on supplemental searches, contact Mary Critharis, 571-272-8468, Senior Patent Counsel, External Affairs, directly by phone, or by e-mail to Mary.Critharis@uspto.gov.

    http://edocket.access.gpo.gov/2010/2010-13244.htm

  • NOAA's Arctic Vision and Strategy; Comment Period Extension

    AGENCY: National Oceanic and Atmospheric Administration.

    ACTION: Request for comments.


    SUMMARY: NOAA wishes to ensure its Arctic Vision and Strategy document reaches the broadest possible audience and allows adequate time for review, and therefore is extending the public comment period by fifteen days.

    The Arctic has profound significance for climate and functioning of ecosystems around the globe. The region is particularly vulnerable and prone to rapid change. Increasing air and ocean temperatures, thawing permafrost, loss of sea ice, and shifts in ecosystems are evidence of widespread and dramatic ongoing change. As a result, critical environmental, economic, and national security issues are emerging, many of which have significant impacts for human lives, livelihoods, and coastal communities. Though NOAA has numerous and diverse capabilities that support these emerging issues, a strategic approach that leverages NOAA's existing priorities and strengths, as well as those of our national and international partners, is needed. This document provides a high-level framework and six strategic goals to address NOAA's highest priorities in the region. It is based upon assumptions that the region will: continue to experience dramatic change; become more accessible to human activities; and, be a focus of increasing global strategic interest.

    DATES: Comments must be submitted by June 25, 2010.

    ADDRESSES: Submit comments by one of the following methods--

    Electronic Submissions: strategic.planning@noaa.gov.

    Mail: National Oceanic and Atmospheric Administration, Office of Program Planning and Integration, 1315 East-West Highway, Room 15749, Silver Spring, Maryland 20910.

    FOR FURTHER INFORMATION CONTACT: Tracy Rouleau, Office of Program Planning and Integration, at strategic.planning@noaa.gov or (301) 713- 1622 x187.

    http://edocket.access.gpo.gov/2010/2010-13043.htm

  • Energy

  • Biomass Research and Development Technical Advisory Committee

    AGENCY: Department of Energy, Office of Energy Efficiency and Renewable Energy.

    ACTION: Notice of open meeting.


    SUMMARY: This notice announces an open meeting of the Biomass Research and Development Technical Advisory Committee under Section 9008(d) of the Food, Conservation, and Energy Act of 2008. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that agencies publish these notices in the Federal Register to allow for public participation. This notice announces the meeting of the Biomass Research and Development Technical Advisory Committee.

    DATES:

    June 23, 2010; 10:30 a.m. to 3:15 p.m. June 24, 2010; 10:30 a.m. to 3 p.m.

    ADDRESSES: Hyatt Arlington, 1325 Wilson Boulevard, Arlington, Virginia 22209, (703) 525-1234.

    FOR FURTHER INFORMATION CONTACT: Laura McCann, Designated Federal Officer for the Committee, Office of Energy Efficiency and Renewable Energy, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585; (202) 586-7766; e-mail: laura.mccann@ee.doe.gov or T.J. Heibel at (410) 997-7778 ext. 223; e-mail: theibel@bcs-hq.com.

    http://edocket.access.gpo.gov/2010/2010-13153.htm

  • Environmental Protection Agency

  • National Environmental Justice Advisory Council; Notification of Public Teleconference and Public Comment

    AGENCY: Environmental Protection Agency.

    ACTION: Notification of Public Teleconference Meeting and Public Comment.


    SUMMARY: Pursuant to the Federal Advisory Committee Act (FACA), Public Law 92-463, the U.S. Environmental Protection Agency (EPA) hereby provides notice that the National Environmental Justice Advisory Council (NEJAC) will host a public teleconference meeting on Tuesday, June 15, 2010, starting at 1 p.m. Eastern Time. The primary purpose of the teleconference meeting is to discuss EPA's activities related to the Gulf of Mexico oil spill, including cleanup and recovery actions, and the impacts of the spill on coastal environmental justice communities. There will be a public comment period from 2:30 p.m. to 4 p.m. Eastern Time. Members of the public are invited to provide comments relevant to the topic of this teleconference meeting. Specifically, the NEJAC is seeking input about: (1) The scope of disaster preparedness efforts within communities, (2) how should EPA engage other Federal, State, Tribal, and local governments to ensure that coastal planning and protection efforts are a high priority, and (3) how should EPA engage communities around the environmental cleanup and recovery actions.

    Registration

    Registration is required. A finite number of telephone lines will be reserved for the call. Full capacity is anticipated, so you are highly encouraged to register early by:

    E-mail: Send an e-mail to NEJACJune2010meeting@AlwaysPursuingExcellence.com with "Register for the June NEJAC Teleconference'' in the subject line. Please provide your name, organization, address, e-mail and telephone number for future follow-up as necessary.

    Phone or Fax: Send a fax (please print), or leave a voice message, with your name, organization, address, e-mail and telephone number to 877-773-1489.

    Registration will close Friday, June 11, 2010 at Noon Eastern Time. For additional information about registering to attend the meeting or to provide public comment, please see SUPPLEMENTARY INFORMATION.

    DATES: The NEJAC teleconference meeting on June 15, 2010 will begin promptly at 1 p.m. Eastern Time.

    FOR FURTHER INFORMATION CONTACT: APEX Direct Inc., by phone or fax at 877-773-1489, or by e-mail at NEJACJune2010meeting@AlwaysPursuingExcellence.com. Please provide your name, organization, and telephone number for follow-up as necessary. Non-English speaking attendees wishing to arrange for a foreign language interpreter also may make appropriate arrangements using these numbers.

    Questions or correspondence concerning the teleconference meeting should be directed to Mr. Aaron Bell, U.S. Environmental Protection Agency, at 1200 Pennsylvania Avenue, NW., (MC2201A), Washington, DC 20460; by telephone at (202) 564-1044, via e-mail at Bell.Aaron@epa.gov; or by fax at (202) 564-1624. Additional information about this meeting and the NEJAC is available at the Internet Web site: http://www.epa.gov/environmentaljustice/nejac/meetings.html.

    http://edocket.access.gpo.gov/2010/2010-13091.htm

  • Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule

    AGENCY: Environmental Protection Agency (EPA).

    ACTION: Final rule.


    SUMMARY: EPA is tailoring the applicability criteria that determine which stationary sources and modification projects become subject to permitting requirements for greenhouse gas (GHG) emissions under the Prevention of Significant Deterioration (PSD) and title V programs of the Clean Air Act (CAA or Act). This rulemaking is necessary because without it PSD and title V requirements would apply, as of January 2, 2011, at the 100 or 250 tons per year (tpy) levels provided under the CAA, greatly increasing the number of required permits, imposing undue costs on small sources, overwhelming the resources of permitting authorities, and severely impairing the functioning of the programs. EPA is relieving these resource burdens by phasing in the applicability of these programs to GHG sources, starting with the largest GHG emitters. This rule establishes two initial steps of the phase-in. The rule also commits the agency to take certain actions on future steps addressing smaller sources, but excludes certain smaller sources from PSD and title V permitting for GHG emissions until at least April 30, 2016.

    DATES: This action is effective on August 2, 2010.

    ADDRESSES: EPA has established a docket for this rulemaking under Docket ID No. EPA-HQ-OAR-2009-0517. All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy. Publicly available docket materials are available either electronically in http://www.regulations.gov or in hard copy at the EPA Docket Center EPA/DC, EPA West, Room 3334, 1301 Constitution Avenue, Northwest, Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the EPA Docket Center is (202) 566-1742.

    FOR FURTHER INFORMATION CONTACT: Mr. Joseph Mangino, Air Quality Policy Division, Office of Air Quality Planning and Standards (C504-03), Environmental Protection Agency, Research Triangle Park, NC 27711; telephone number: (919) 541-9778; fax number: (919) 541-5509; e-mail address: mangino.joseph@epa.gov.

    http://edocket.access.gpo.gov/2010/2010-11974.htm

  • The Effects of Mountaintop Mines and Valley Fills on Aquatic Ecosystems of the Central Appalachian Coalfields and a Field-Based Aquatic Life Benchmark for Conductivity in Central Appalachian Streams

    AGENCY: Environmental Protection Agency (EPA).

    ACTION: Extension of Public Comment Period to July 13, 2010.


    SUMMARY: EPA is announcing an extension of the public comment period for two related draft documents: (1) "The Effects of Mountaintop Mines and Valley Fills on Aquatic Ecosystems of the Central Appalachian Coalfields'' (EPA/600/R-09/138A) and (2) "A Field-based Aquatic Life Benchmark for Conductivity in Central Appalachian Streams'' (EPA/600/R- 10/023A). We are specifically extending the comment period to give the public an opportunity to evaluate the data used to derive a benchmark for conductivity. By following the link below, reviewers may download the initial data and EPA's derivative data sets that were used to calculate the conductivity benchmark. These reports were developed by the National Center for Environmental Assessment (NCEA) within EPA's Office of Research and Development as part of a set of actions taken by EPA to further clarify and strengthen environmental permitting requirements for Appalachian mountaintop removal and other surface coal mining projects, in coordination with Federal and State regulatory agencies (http://www.epa.gov/owow/wetlands/guidance/mining.html).

    Both documents will be reviewed by an independent review panel convened by EPA's Science Advisory Board (SAB). The SAB's peer review meeting, which the public will be able to attend as observers, is scheduled for July 20-22, 2010. The public comment period and the SAB meeting are separate processes that provide opportunities for all interested parties to comment on the document. EPA intends to forward the public comments that are submitted, in accordance with this notice, to the SAB review panel prior to the meeting for their consideration. When finalizing the draft documents, EPA intends to consider any significant public comments that it receives in accordance with this notice.

    EPA is releasing these draft documents for the purpose of pre- dissemination peer review under applicable information quality guidelines. The documents have not been formally disseminated by EPA. They do not represent and should not be construed to represent a final Agency policy or determination; however, the documents reflect EPA's best interpretation of the available science. The draft documents are available via the Internet on NCEA's home page under the Recent Additions and Publications menus at http://www.epa.gov/ncea.

    DATES: The public comment period began on April 12, 2010 and ends on July 13, 2010. Technical comments should be in writing and must be received by EPA by July 13, 2010.

    ADDRESSES: The draft reports, "The Effects of Mountaintop Mines and Valley Fills on Aquatic Ecosystems of the Central Appalachian Coalfields'' and "A Field-based Aquatic Life Benchmark for Conductivity in Central Appalachian Streams'' are available primarily via the Internet on the National Center for Environmental Assessment's home page under the Recent Additions and Publications menus at http://www.epa.gov/ncea. A limited number of paper copies are available, contact the EPA; telephone: 703-347-8629; facsimile: 703-347-8691. If you are requesting a paper copy, please provide your name, your mailing address, and the document titles (1) "The Effects of Mountaintop Mines and Valley Fills on Aquatic Ecosystems of the Central Appalachian Coalfields'' and (2) "A Field-based Aquatic Life Benchmark for Conductivity in Central Appalachian Streams.''

    Comments may be submitted electronically via http://www.regulations.gov, by mail, by facsimile, or by hand delivery/ courier. Please follow the detailed instructions provided in the SUPPLEMENTARY INFORMATION section of this notice.

    http://edocket.access.gpo.gov/2010/2010-13072.htm

  • Health and Human Services

  • Information Sheet Guidance for Sponsors, Clinical Investigators, and IRBs; Frequently Asked Questions--Statement of Investigator (Form FDA 1572); Availability

    AGENCY: Food and Drug Administration, HHS.

    ACTION: Notice.


    SUMMARY: The Food and Drug Administration (FDA) is announcing the availability of an information sheet guidance entitled, "Information Sheet Guidance for Sponsors, Clinical Investigators, and IRBs; Frequently Asked Questions--Statement of Investigator (Form FDA 1572).'' This guidance is intended to assist sponsors, clinical investigators, and institutional review boards (IRBs) involved in clinical investigations of investigational drugs and biologics in completing the Statement of Investigator form (Form FDA 1572). FDA developed this information sheet guidance in response to numerous questions from the research community regarding Form FDA 1572. This information sheet guidance provides FDA's responses to the most frequently asked questions.

    DATES: Submit either written or electronic comments on agency guidances at any time.

    ADDRESSES: Submit written requests for single copies of the guidance to the Division of Drug Information (HFD-240), 10903 New Hampshire Ave., Silver Spring, MD 20993 or to the Office of Communication, Training, and Manufacturers Assistance (HFM-40), Center for Biologics Evaluation and Research, Food and Drug Administration, 1401 Rockville Pike, Rockville, MD 20852-1448. Send one self-addressed adhesive label to assist the office in processing your requests. Submit electronic comments to http://www.regulations.gov. See the SUPPLEMENTARY INFORMATION section for electronic access to the information sheet guidance document.

    FOR FURTHER INFORMATION CONTACT: Joseph Salewski, Division of Scientific Investigations, Office of Compliance, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Silver Spring MD 20993, 301-796-3395.

    http://edocket.access.gpo.gov/2010/2010-13420.htm

  • National Biodefense Science Board; Call for Nominees

    AGENCY: Department of Health and Human Services, Office of the Secretary.

    ACTION: Notice.


    SUMMARY: The Office of the Secretary is accepting resumes or curricula vitae from qualified individuals who wish to be considered for membership on the National Biodefense Science Board. Six members have membership expiration dates of December 31, 2010. Nominees are being accepted in the following categories: industry; academia, health care consumers, and from State and local governments and public health agencies, emergency responders and organizations representing other appropriate stakeholders. Submit a resume or curriculum vitae to nbsb@hhs.gov by June 30, 2010.

    FOR FURTHER INFORMATION, CONTACT: CAPT Leigh A. Sawyer, D.V.M., M.P.H., Executive Director, National Biodefense Science Board, Office of the Assistant Secretary for Preparedness and Response, U.S. Department of Health and Human Services, 330 C Street, SW., Switzer Building Room 5127, Washington, DC 20447; 202-205-3815; fax: 202-205- 8508; e-mail address: leigh.sawyer@hhs.gov.

    http://edocket.access.gpo.gov/2010/2010-13177.htm

  • Office of Science and Technology Policy

  • The National Nanotechnology Initiative (NNI) Strategic Planning Stakeholder Workshop: Public Meeting

    ACTION: Notice of public meeting.


    SUMMARY: The National Nanotechnology Coordination Office (NNCO), on behalf of the Nanoscale Science, Engineering, and Technology (NSET) Subcommittee of the Committee on Technology, National Science and Technology Council (NSTC), will hold a workshop on July 13-14, 2010, to provide an open forum to obtain input from stakeholders regarding the goals and objectives of an updated U.S. National Nanotechnology Initiative (NNI) Strategic Plan that is currently under development and scheduled for completion by December 2010. Representatives of the U.S. research community, industry, non-governmental organizations, and interested members of the general public are invited to offer suggestions to the U.S. Government interagency task force that is drafting the new plan, which is an update of the December 2007 NNI Strategic Plan (see http://www.nano.gov/NNIStrategicPlan_2007.pdf). In particular, the agencies participating in the NNI are seeking input on the specific objectives that should be included in the updated plan under each of the overarching NNI goals, and on the most likely approaches for achieving those objectives.

    DATES: The public meeting will be held on Tuesday, July 13, 2010 from 8 a.m. until 5 p.m. and on Wednesday, July 14, 2010 from 8 a.m. until 4 p.m.

    ADDRESSES: The public meeting will be held at the Hotel Palomar Arlington, 1121 North 19th Street, Arlington, VA 22209 (Metro stop: Rosslyn on the Orange and Blue lines). For directions, please see http://www.HotelPalomar-Arlington.com.

    Registration: Due to space limitations, pre-registration for the workshop is required. People interested in attending the workshop should register online at http://www.nano.gov/html/meetings/strategicplan/register.html. You may also register by e-mail at strategy@nnco.nano.gov, or by U.S. mail. Written registrations should be mailed to the Strategic Planning Workshop, c/o NNCO, 4201 Wilson Blvd., Stafford II, Suite 405, Arlington, VA 22230. Please provide your full name, title, affiliation and e-mail or mailing address when registering. Please indicate in your registration whether you are interested in presenting 3-5 minutes of public comment during the meeting. Registration is on a first-come, first-served basis until the location space limits are reached. Otherwise registration must be received by July 7, 2010 at 4 p.m. EDT.

    Comments may be submitted by e-mail to strategy@nnco.nano.gov or via U.S. mail at the above address until July 30, 2010. Information about the meeting, including the agenda, is posted at http://www.nano.gov.

    The main sessions will be webcast. Please see http://www.nano.gov for more information.

    Meeting Accommodations: Individuals requiring special accommodation to access this public meeting should contact Halyna Paikoushn (443-695- 6943) at least ten business days prior to the meeting so that appropriate arrangements can be made.

    FOR FURTHER INFORMATION CONTACT: For information regarding this Notice, please contact Diana Petreski, telephone (703) 292-8626 or Halyna Paikoush, telephone (443) 695-6943, National Nanotechnology Coordination Office. E-mail: strategy@nnco.nano.gov.

    http://edocket.access.gpo.gov/2010/2010-13157.htm