Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / Rules and Regulations 82915 

(GAAP) are required to be used when 

completing the Periodic Reports, except 

if the debtor used a different set of 

accounting standards prepetition or if 

the United States Trustee or an order of 

the court otherwise modifies the GAAP 

requirement. If the debtor uses GAAP 

accounting, supporting documents must 

comply with GAAP, such as the 

Financial Accounting Standards Board’s 

Accounting Standards Codification 852, 

‘‘Reorganizations.’’ 

(i) Certification of Periodic Reports’ 

accuracy. The Periodic Reports must be 

certified under penalty of perjury that 

they are true and correct by an 

individual who is authorized under 

applicable law to certify on behalf of the 

debtor, trustee, reorganized debtor, or 

other authorized party who has been 

charged with administering a confirmed 

plan. The debtor’s, trustee’s, reorganized 

debtor’s, or other authorized party’s 

attorney must maintain possession of 

the Periodic Reports with original 

holographic signatures for five years, 

unless otherwise provided by local rule. 

In addition to the obligations imposed 

by (l)(2), a pro se debtor must submit the 

Periodic Reports with original 

holographic signatures to the office of 

the United States Trustee in the district 

in which the bankruptcy case is 

pending. 

(j) Mandatory usage of Periodic 

Reports. The Periodic Reports must be 

utilized by debtors and trustees when 

completing their monthly operating 

reports or post-confirmation reports. 

The Periodic Reports shall be used 

without alteration, except as otherwise 

provided in this rule, in a particular 

UST Form 11–MOR or UST Form 11– 

PCR, or in the instructions for UST 

Form 11–MOR or UST Form 11–PCR. 

The Periodic Reports may be modified 

to permit minor changes not affecting 

wording or the order of presenting 

information. All debtors and chapter 11 

trustees serving in districts where a 

United States Trustee is serving must 

use the Periodic Reports in the 

administration of their cases, in the 

same manner and with the same 

content, as set forth in this Rule. 

(1) All Periodic Reports may be 

electronically or mechanically 

reproduced so long as the content and 

the form remain consistent with the 

Periodic Reports as they are posted on 

EOUST’s website; and 

(2) The Periodic Reports shall be filed 

via the United States Bankruptcy 

Courts’ Case Management/Electronic 

Case Filing System (CM/ECF) as a 

‘‘smart form,’’ meaning the reports are 

data-embedded. 

Dated: December 8, 2020. 

Clifford J. White III, 

Director, Executive Office for United States 

Trustees. 

[FR Doc. 2020–27715 Filed 12–18–20; 8:45 am] 

BILLING CODE 4410–40–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2020–0639] 

RIN 1625–AA00 

Safety Zone; Narragansett Bay, 

Quonset, RI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule and 

request for comments. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters within a 1,700 foot 

radius of the barge M. J. VERROCHI 

located in Narragansett Bay, Quonset, 

RI. The safety zone is needed to protect 

personnel, vessels, and the marine 

environment from the potential hazards 

created by dredging operations that 

include drilling and blasting. When 

enforced, entry of vessels or persons 

into this zone is prohibited unless 

specifically authorized by the Captain of 

the Port, Southeastern New England or 

designated representative. 

DATES: 

Effective date: This rule is effective 

from December 30, 2020 through 

January 31, 2021. 

Comments due date: Comments and 

related material must be received by the 

Coast Guard on or before December 31, 

2020. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2020– 

0639 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. You may submit comments 

identified by docket number USCG– 

2020–0639 using the Federal 

eRulemaking Portal at http://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion for further 

instructions on submitting comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email the Waterways Management 

Division, U.S. Coast Guard Sector 

Southeastern New England, telephone 

401–435–2342, email SENEWWM@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rule Making 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

Notice of Proposed Rulemaking (NPRM) 

with respect to this rule because it is 

impracticable. The Coast Guard did not 

receive sufficient details to evaluate the 

drilling and blasting in Narragansett Bay 

until November 23, 2020. It is 

impracticable to publish an NPRM 

because we must establish this safety 

zone by December 30, 2020, but lack 

sufficient time to collect public 

comments and to address them before 

issuing the rule. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making it effective less than 30 days 

after publication in the Federal 

Register. For reasons stated in the 

preceding paragraph, delaying the 

effective date of this rule would be 

impracticable and contrary to the public 

interest because timely action is needed 

to respond to the potential safety 

hazards associated with the drill and 

blast project. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port (COTP) Sector 

Southeastern New England has 

determined that potential hazards exist 

with the loading of explosives, transit of 

explosives and storage of explosives on 

the barge M. J. VERROCHI during the 

drill and blast project. This rule is 

needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the safety zone. 

82916 Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / Rules and Regulations 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from December 30, 2020 through 

January 31, 2021. The safety zone will 

cover all navigable waters within 1,700 

feet of the barge M. J. VERROCHI used 

for dredging operations in Narragansett 

Bag near Quonset, RI. The duration of 

the zone is intended to protect 

personnel, vessels, and the marine 

environment in these navigable waters 

while the barge M. J. VERROCHI 

conducts dredging operations that 

include drilling and blasting. No vessel 

or person will be permitted to enter the 

safety zone without obtaining 

permission from the COTP or a 

designated representative. The Coast 

Guard will notify the public and local 

mariners of this safety zone through 

appropriate means, which may include, 

but are not limited to; publication in the 

Local Notice to Mariners and Broadcast 

Notice to Mariners via marine Channel 

16 (VHF–FM) in advance of any 

enforcement. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. This rule has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, it has not 

been reviewed by the Office of 

Management and Budget (OMB), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

order 13771. 

This regulatory action determination 

is based on the size, location, duration, 

and time-of-year of the safety zone. This 

safety zone will restrict vessel traffic 

from entering or transiting in 

Narragansett Bay within 1,700 foot 

radius around the barge M. J. 

VERROCHI. Moreover, the Coast Guard 

will issue Broadcast Notice to Mariners 

via VHF–FM marine channel 16 about 

the safety zone, and vessel traffic will be 

able to seek permission from COTP to 

safely transit through the zone. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule would not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant impact 

on any vessel owner or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule would not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

would not result in such an 

expenditure, we do discuss the effects of 

this rule elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves the 

establishment of a safety zone on the 

navigable waters of Narragansett Bay, RI 

that will prohibit entry within a 1,700 

foot radius of the barge M. J. 

VERROCHI. It is categorically excluded 

from further review under paragraph 

L60(a) of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 01. A Record of Environmental 

Consideration supporting this 

determination is available in the docket. 

For instructions on locating the docket, 

see the ADDRESSES section of this 

preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / Rules and Regulations 82917 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

VI. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, visit http://

www.regulations.gov/privacyNotice. 

Documents mentioned in this TIR as 

being available in the docket, and all 

public comments, will be in our online 

docket at http://www.regulations.gov 

and can be viewed by following that 

website’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T01–0639 to read as 

follows: 

§ 165.T01–0639 Safety Zone; Narragansett 

Bay, Quonset, RI. 

(a) Location. The following area is a 

safety zone: All navigable waters from 

surface to bottom, within a 1,700 foot 

radius around the barge M. J. 

VERROCHI located in Narragansett Bay, 

Quonset, RI. 

(b) Enforcement Periods. This section 

is enforceable 24 hours a day from 

December 30, 2020 through January 31, 

2021, but will only be enforced when 

deemed necessary by the COTP 

Southeastern New England. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

A designated representative is a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard assigned to 

units under the operational control of 

U.S. Coast Guard Sector Southeastern 

New England. 

(2) Vessels requiring entry into this 

safety zone must request permission 

from the COTP or a designated 

representative. To seek entry into the 

safety zone, contact the COTP or the 

COTP’s representative by telephone at 

508–457–3211 or on VHF–FM channel 

16. 

(3) Persons and vessels permitted to 

enter this safety zone must transit at 

their slowest safe speed and comply 

with all lawful directions issued by the 

COTP or the designated representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public through Broadcast 

Notice to Mariners of any changes in the 

planned schedule. 

Dated: December 15, 2020. 

C.J. Glander, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Southeastern New England. 

[FR Doc. 2020–28111 Filed 12–18–20; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

37 CFR Part 1 

[Docket No. PTO–P–2019–0009] 

RIN 0651–AD33 

Small Entity Government Use License 

Exception 

AGENCY: United States Patent and 

Trademark Office, Department of 

Commerce. 

ACTION: Final rule. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO or Office) is 

amending the rules of practice in patent 

cases to clarify and expand exceptions 

to the rule pertaining to government use 

licenses and their effect on small entity 

status for purposes of paying reduced 

patent fees. The rule change is designed 

to support independent inventors, small 

business concerns, and nonprofit 

organizations in filing patent 

applications and to encourage 

collaboration with the Federal 

Government by expanding the 

opportunities to qualify for the small 

entity patent fees discount for 

inventions made during the course of 

federally funded or federally supported 

research. 

DATES: Effective date: This final rule is 

effective on January 20, 2021. 

FOR FURTHER INFORMATION CONTACT: 

James Engel, Senior Legal Advisor, 

Office of Patent Legal Administration, 

by phone at 571–272–7725, or by email 

at James.Engel@uspto.gov; or Marina 

Lamm, Patent Attorney, Office of Policy 

and International Affairs, by phone at 

571–272–5905, or by email at 

Marina.Lamm@uspto.gov. 

SUPPLEMENTARY INFORMATION: The 

USPTO is amending the rules of 

practice in patent cases at 37 CFR 1.27 

to clarify and expand exceptions to the 

rule pertaining to government use 

licenses and their effect on small entity 

status for purposes of paying reduced 

patent fees, so as to support 

independent inventors, small business 

concerns, and nonprofit organizations in 

filing patent applications. The 

government use license exceptions in 

this rulemaking are the only exceptions 

to the general rule that every party 

holding rights to an invention must 

qualify as a small entity under 37 CFR 

1.27 in order for small entity status to 

be claimed in a patent application. 

The first exception—in section 

1.27(a)(4)(i)—covers a government use 

license that a Federal employeeinventor is obligated to grant if he/she 

is allowed to retain title to the 

workplace invention pursuant to a 

rights determination under Executive 

Order (E.O.) 10096. The Office is 

amending the regulations to specify that 

this exception applies to the use license 

reserved to the Federal Government 

when a Federal employee, including an 

employee of a Federal laboratory, is 

allowed, under 15 U.S.C. 3710d(a), to 

retain title to the workplace invention. 

The Office is also expanding the 

exception to cover a government use 

license to a Federal agency arising from 

an inventor’s retention of rights under 

35 U.S.C. 202(d), when the inventor is