COURTHOUSE NEWS SERVICE
Federal Regulation Brief
October 18, 2007
COMMERCE
Today’s Brief Includes (Oct 11-17):
Commerce (DOC) – no newly published regulations this week
Consumer Product Safety (CPSC) – no newly published regulations this week
Federal Trade Commission (FTC) – no newly published regulations this week
Securities and Exchange (SEC) – no newly published regulations this week
U.S. Trade Representative (USTR) – no newly published regulations this week
COMMERCE (DOC)
NEWLY PUBLISHED REGULATIONS
INDUSTRY AND SECURITY BUREAU (BIS)
Export Administration regulations, license exceptions, CFR correction: License Exceptions, Federal Register, October 17, 2007, Volume 72, Number 200, Rules and Regulations, Page 58757, 15 CFR Part 740, CFR Correction.
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CORRECTION: In Title 15 of the Code of Federal Regulations, revised as of January 1, 2007, on page 282, in Supplement No. 1 To Part 740--Country Groups, in the table Country Group D, for the entry “Korea, North,” the table is corrected by adding an X under the second column [D: 1] National Security.
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NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Fishery conservation and management, Alaska, fisheries of Exclusive Economic Zone, Gulf of Alaska groundfish: Fisheries of the Economic Exclusive Zone Off Alaska; Trawl Gear in the Gulf of Alaska, Federal Register, October 15, 2007, Volume 72, Number 198, Rules and Regulations, Page 58261, 50 CFR Part 679, Docket No. 070213032-7032-01, RIN 0648-XD33, Temporary rule, modification of a closure.
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(This temporary rule, modification of a closure, is effective 1200 hrs, Alaska local time (A.l.t.), October 10, 2007, through 2400 hrs, A.l.t., December 31, 2007. Any public comments must be received at the address in the linked document no later than 4:30 p.m., A.l.t., October 25, 2007.)
SUMMARY: The National Marine Fisheries Service (NMFS) opens directed fishing for groundfish by vessels using trawl gear in the Gulf of Alaska (GOA), effective 1200 hrs, Alaska local time, October 10, 2007. This action is to fully use the 2007 Pacific halibut prohibited species catch (PSC) limit specified for vessels using trawl gear in the GOA.
Fishery conservation and management, Alaska, fisheries of Exclusive Economic Zone, Pacific cod: Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Non-American Fisheries Act Crab Vessels Catching Pacific Cod for Processing by the Inshore Component in the Central Regulatory Area of the Gulf of Alaska, Federal Register, October 16, 2007, Volume 72, Number 199, Rules and Regulations, Page 58559, 50 CFR Part 679, Docket No. 070213032-7032-01, RIN 0648-XD36, Temporary rule, closure.
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(This temporary rule, closure, is effective 1200 hrs, Alaska local time (A.l.t.), October 11, 2007, until 2400 hrs, A.l.t., December 31, 2007.)
SUMMARY: The National Marine Fisheries Service (NMFS) prohibits directed fishing for the 2007 Pacific cod sideboard limits apportioned to non-American Fisheries Act (AFA) crab vessels catching Pacific cod for processing by the inshore component in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is to prevent exceeding the 2007 Pacific cod sideboard limits apportioned to non-AFA crab vessels catching Pacific cod for processing by the inshore component in the Central Regulatory Area of the GOA.
Fishery conservation and management, Alaska, fisheries of Exclusive Economic Zone, pollock: Fisheries of the Economic Exclusive Zone Off Alaska; Trawl Gear in the Gulf of Alaska, Federal Register, October 11, 2007, Volume 72, Number 196, Rules and Regulations, Page 57888, 50 CFR Part 679, Docket No. 070213032-7032-01, RIN 0648-XD26, Temporary rule, closure.
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(This temporary rule, closure, is effective 1200 hrs, Alaska local time (A.l.t.), October 8, 2007, through 2400 hrs, A.l.t., December 31, 2007.)
SUMMARY: The National Marine Fisheries Service (NMFS) prohibits directed fishing for groundfish by vessels using trawl gear in the Gulf of Alaska (GOA), except for directed fishing for pollock by vessels using pelagic trawl gear in those parts of the GOA open to directed fishing for pollock. This closure also does not apply to fishing by vessels participating in the cooperative fishery in the Rockfish Pilot Program for the Central GOA. This action is to prevent exceeding the 2007 Pacific halibut prohibited species catch (PSC) limit specified for trawl gear in the GOA.
Fishery conservation and management, west coast states and western Pacific fisheries, highly migratory species: Fisheries Off West Coast States; Highly Migratory Species Fisheries, Federal Register, October 15, 2007, Volume 72, Number 198, Rules and Regulations, Page 58258, 50 CFR Part 660, Docket No. 0612243162-7541-02, I.D. 032607A, RIN 0648-AU77, Final rule.
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(This final rule is effective November 14, 2007.)
SUMMARY: The National Marine Fisheries Service (NMFS) implements daily bag limits for sport-caught albacore tuna (Thunnus alalunga) and bluefin tuna (Thunnus orientalis) in the Exclusive Economic Zone (EEZ) off California under the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP). This action is meant to be a conservation measure as part of the 2007-2009 biennial management cycle established in the HMS FMP Framework provisions for changes to routine management measures.
BAG LIMITS:
1. An individual may keep 10 albacore tuna harvested by recreational fishing in the U.S. EEZ south of Point Conception (34˚ 27' N. latitude) to the U.S.-Mexico border.
2. An individual may keep 25 albacore tuna harvested by recreational fishing in the U.S. EEZ north of Point Conception to the California-Oregon border.
3. An individual may keep 10 bluefin tuna harvested by recreational fishing in the U.S. EEZ off the entire California coast.
4. The bag limits apply to each 24 hour period, regardless of how many times the boat goes out.
5. The bag limits include fish taken in both state and federal waters.
6. If the California rules are more restrictive, the California rules apply.
7. The bag limit applies to a full multiple-day fishing trip unless a California multi-day possession permit has been granted; Add up the daily limits to get the trip limit. Usually only three days worth is allowed, per person.
8. If any part of the fishing trip goes into South waters, the more restrictive bag limit of 10 applies.
9. Each fisherman aboard a vessel may continue to use recreational angling gear until the combined daily limits of HMS for all licensed and juvenile anglers aboard has been reached (additional state restrictions on boat limits may apply).
Fishery conservation and management, west coast states and western Pacific fisheries, precious corals: Fisheries in the Western Pacific; Precious Corals Fisheries, Federal Register, October 15, 2007, Volume 72, Number 198, Rules and Regulations, Page 58259, 50 CFR Part 665, Docket No. 0612242929-7490-02, RIN 0648-AT93, Final rule.
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(This final rule is effective November 14, 2007.)
SUMMARY: Black coral resources in the Au'au Channel, Hawaii, have declined, possibly due to fishing pressure and an alien invasive soft coral. Current fishing regulations require minimum sizes for the harvest of living black coral colonies of 48 inches (122 cm) in height or one inch (2.54 cm) in stem diameter. Current regulations also exempt certain fishermen from the minimum stem diameter requirement, allowing the harvest of black coral with a smaller 3/4 inch (1.91 cm) stem diameter by anyone who had reported black coral harvests to State of Hawaii within the five years prior to April 17, 2002. This final rule removes that exemption to reduce the impacts of fishing on Au'Au Channel black coral resources.
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PATENT AND TRADEMARK OFFICE (PTO)
Patent cases, Patent Cooperation Treaty, application procedures, correction: April 2007 Revision of Patent Cooperation Treaty Procedures, Federal Register, October 11, 2007, Volume 72, Number 196, Rules and Regulations, Page 57863, 37 CFR Part 1, Docket No. PTO-C-2006-0057, RIN 0651-AC09, Final rule, correction.
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(This final rule, correction, is effective November 9, 2007. The changes to 37 CFR 1.17(t) are effective November 9, 2007.)
SUMMARY: The United States Patent and Trademark Office (PTO) published a final rule in the Federal Register September 10, 2007, revising the rules of practice in title 37 of the Code of Federal Regulations (CFR) to conform them to certain amendments made to the Regulations under the Patent Cooperation Treaty (PCT) that took effect April 1, 2007. This action corrects errors in that final rule regarding the effective date and applicability date of 37 CFR 1.497 and the fee amount specified in 37 CFR 1.17(t).
CORRECTION: Rule FR Doc. E7-17711, September 10, 2007 (72 FR 51559), is corrected as follows:
On page 51559, in the third column, and page 51560, in the first column, the sentence “The changes to 37 CFR 1.57, 1.437, and 1.465 are effective on September 10, 2007” should read “The changes to 37 CFR 1.57, 1.437, 1.465, and 1.497 are effective on September 10, 2007”.
On page 51560, in the first column, the sentence “The changes to 37 CFR 1.57, 1.437, and 1.465 are applicable as of April 1, 2007, for international applications filed on or after that date” should read “The changes to 37 CFR 1.57, 1.437, 1.465 and 1.497 are applicable as of April 1, 2007, for international applications filed on or after that date”.
On page 51563, in the second column, in Section 1.17, paragraph (t) is corrected to read as follows:
Section 1.17 Patent application and reexamination processing fees.
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(t) For the acceptance of an unintentionally delayed claim for priority under 35 U.S.C. 119, 120, 121, or 365(a) or (c) (Sections 1.55 and 1.78) or for filing a request for the restoration of the right of priority under Section 1.452--1,410.00.
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