33450 Federal Register / Vol. 65, No. 101 / Wednesday, May 24, 2000 / Rules and Regulations

ensure the safety of vessel traffic and

workers during the construction of

Grays Landing Lock. The need for the

Regulated Navigation Area no longer

exists because all construction on Grays

Landing Lock has been completed and

the river’s width is no longer restricted

in this area. Therefore, since the safety

concerns that necessitated the

regulation no longer exist, this rule

removes the regulation establishing this

Regulated Navigation Area in § 165.819.

Discussion of Comments and Changes

No comments were received.

Regulatory Evaluation

This rule is not a ‘‘significant

regulatory action’’ under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

Order. The Office of Management and

Budget has not reviewed it under that

Order. It is not ‘‘significant’’ under the

regulatory policies and procedures of

the Department of Transportation

(DOT)(44 FR 11040, February 26, 1979).

The Coast Guard expects the

economic impact of this rule to be

minimal therefore a full regulatory

evaluation is unnecessary. The impact

on routine navigation is expected to be

minimal.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this rule would have a

significant economic impact on a

substantial number of small entities.

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 will not have

a significant economic impact on a

substantial number of small entities.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

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

we offered to assist small entities in

understanding the rule so that they

could better evaluate its effects on them

and participate in the rulemaking

process.

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).

Collection of Information

This rule calls for no new collection

of information under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501–

3520).

Federalism

We have analyzed this rule under

Executive Order 13132 and have

determined that this rule does not have

implications for federalism under that

Order.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

the issuance of Federal regulations that

require unfunded mandates. An

unfunded mandate is a regulation that

requires a State, local, or tribal

government or the private sector to

incur direct costs without the Federal

Government’s having first provided the

funds to pay those unfunded mandate

costs. This rule will not impose an

unfunded mandate.

Taking of Private Property

This rule will not effect a taking of

private property or otherwise have

taking implications under E.O. 12630,

Governmental Actions and Interference

with Constitutionally Protected Property

Rights.

Civil Justice Reform

This rule meets applicable standards

in sections 3(a) and 3(b)(2) of Executive

Order 12988, Civil Justice Reform, to

minimize litigation, eliminate

ambiguity, and reduce burden.

Protection of Children

We have analyzed this rule under

Executive Order 13045, Protection of

Children from Environmental Health

Risks and Safety Risks. This rule is not

an economically significant rule and

does not concern an environmental risk

to health or risk to safety that may

disproportionately affect children.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that under figure 2–1,

paragraph (34)(g) of Commandant

Instruction M16475.C, this rule is

categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 165

Harbors, Marine Safety, Navigation

(water), Safety measures, Vessels,

Waterways.

PART 165—[AMENDED]

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR part 165 as follows:

1. The authority citation for part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6 and 160.5;

49 CFR 1.46.

§ 165.819 [Removed]

2. Section 165.819 is removed in its

entirety.

Dated: April 28, 2000.

Paul J. Pluta,

Rear Admiral, U.S. Coast Guard Commander,

Eighth Coast Guard District.

[FR Doc. 00–13013 Filed 5–23–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD1–00–129]

RIN 2115–AA97

Safety Zone: Maine Yankee Steam

Generator and Pressurizer Removal

Wiscasset, ME

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone in

a 200-yard radius from position

43°56°55′N, 069′′41′53′′ W, the southeast

corner of the Maine Yankee Barge slip.

This safety zone precludes entry into

the cove between Bailey’s point and

Foxbird Island and portions of the

Eastern Shore of Bailey Cove, Wiscasset,

ME. This safety zone is needed to

protect persons, facilities, vessels and

others in the maritime community from

the safety hazards associated with the

handling, loading, and transportation of

four major components of the Maine

Yankee Nuclear Plant which are

classified as Class 7 Hazardous Waste.

EFFECTIVE DATE: This rule is effective

from May 22, 2000 through July 22,

2000.

FOR FURTHER INFORMATION CONTACT:

Lieutenant R. V. Timme, Chief of

Response and Planning, Captain of the

Port, Portland at (207) 780–3251.

SUPPLEMENTARY INFORMATION:

Federal Register / Vol. 65, No. 101 / Wednesday, May 24, 2000 / Rules and Regulations 33451

Regulatory History

As authorized by 5 U.S.C. 553, a

notice of proposed rulemaking (NPRM)

was not published for this regulation.

Under 5 U.S.C 553(b)(B), the Coast

Guard finds that good cause exists for

not publishing an NPRM and for making

this rule effective less that 30 days after

publication in the Federal Register. Due

to the complex planning and

coordination involved final details for

the closure were not provided to the

Coast Guard until April 30, 2000,

making it impossible to publish a NPRM

or a final rule 30 days in advance. Any

delay in implementing this rule would

be contrary to the public interest since

immediate action is necessary to close

this section of the waterway and protect

the maritime public from the hazards

associated with the handling, loading

and transportation of major components

containing class 7 hazardous waste from

a nuclear power plant onto a barge.

Background and Purpose

Beginning May 22 and ending July 22,

2000, Stone and Webster, the

decommissioning contractor, will load

and transport four major components

from the Maine Yankee Nuclear Plant to

a barge in the Maine Yankee barge slip

in Wiscasset, Maine. This regulation

establishes a temporary safety zone

within 200-yard radius around the

southeast corner of the Maine Yankee

Barge slip located at position 43°56′55′′

N, 069°41′53′′ W. This would effectively

preclude entry into the cove between

Bailey’s Point and Foxbird Island and

portions of the Eastern Shore of Bailey

Cove. This rule is necessary to protect

the maritime public from hazards

associated with the loading of

components of a nuclear power plant,

which contain class 7 hazardous waste,

onto a barge.

Regulatory Evaluation

This temporary final rule is not a

significant regulatory action under

section 3(f) of Executive Order 12866

and does not require an assessment of

potential costs and benefits under

section 6(a)(3) of that order. It has not

been reviewed by the Office of

Management and Budget under that

order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040; February 26, 1979). The

Coast Guard expects the economic

impact of this proposal to be so minimal

that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

This conclusion is based on the fact that

the proposal has no significant effect on

shipping, and its impact on fishing is

minimal as it removes a small portion

(less than one square mile) of the

available fishing grounds from active

fishing.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this proposal

will have a significant economic impact

on a substantial number of small

entities. ‘‘Small entities’’ may include

(1) Small businesses and not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000.

For the reasons addressed under the

Regulatory Evaluation above, the Coast

Guard expects the impact of this

regulation to be minimal and certifies

under section 605(b) of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.) that

this final rule will not have a significant

economic impact on substantial number

of small entities.

This rule will affect the following

entities, some of which may be small

entities: The commercial fishing

community intending to fish portions of

Wiscasset restricted by the safety zone.

This safety zone will not have a

significant economic impact on a

substantial number of small entities for

the following reasons: it only affects a

very small portion of the waterway and

commercial fishing community will be

able to utilize other areas of waterway

for commercial purposes.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 13132 and

have determined that this rule does not

have sufficient federalism implications

for Federalism under that order.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

the issuance of Federal regulations that

require unfunded mandates. An

Unfunded Mandate is a regulation that

requires a state, local or tribal

government or the private sector to

incur costs without the Federal

government’s having first provided the

funds to pay those costs. This rule will

not impose an Unfunded Mandate.

Taking of Private Property

This rule will not effect a taking of

private property or otherwise have

taking implications under Executive

Order 12630, Governmental Actions and

Interference with Constitutionally

Protected Property Rights.

Civil Justice Reform

This rule meets applicable standards

in section 3(a) and 3(b)(2) of Executive

Order 12988, Civil Justice Reform, to

minimize litigation, eliminate ambiguity

and reduce burden.

Protection of Children

The Coast Guard has analyzed this

rule under Executive Order 13045,

Protection of Children from

Environmental Health Risks and Safety

Risks. This rule is not an economically

significant rule and does not concern an

environmental risk to health or risk to

safety that may disproportionately affect

children.

Environment

The Coast Guard has considered the

environmental impact of this regulation

and concluded that, under Figure 2–1,

paragraph 34(g) of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation. A

Categorical Exclusion Determination

and an Environmental Analysis

Checklist is available in the docket for

inspection or copying.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and record keeping

requirements, Security measures,

Waterways.

Regulation

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR Part 165 as follows:

1. The authority citation for Part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6 and 160.5;

49 CFR 1.46.

2. Add temporary section, 165.T01–

129, to read as follows:

§ 165.T01–129 Maine Yankee Steam

Generator and Pressurizer Removal

Wiscasset, ME

(a) Location. The following area is a

safety zone: All waters within a 200-

yard radius around the position

43°56′55′′ N, 069°41′53′′ W.

(b) Effective date. This section is

effective from May 22, 2000 through

July 22, 2000.

33452 Federal Register / Vol. 65, No. 101 / Wednesday, May 24, 2000 / Rules and Regulations

(c) Regulations. (1) The general

regulations contained in § 165.23 and

§ 165.20 of this part apply.

(2) All persons and vessels shall

comply with the instructions of the

Coast Guard Captain of the Port or

designated personnel. U.S. Coast Guard

representatives of the Captain of the

Port include commissioned, warrant

and petty officers of the Coast Guard.

Upon being hailed by U.S. Coast Guard

personnel or an U.S. Coast Guard vessel,

via siren, radio, flashing light, or other

means, those hailed shall proceed as

directed.

(3) Entry or movement within this

zone is prohibited unless authorized by

the Captain of the Port, Portland, ME.

Dated: May 15, 2000.

R.A. Nash

Commander, U.S. Coast Guard, Captain of

the Port.

[FR Doc. 00–13042 Filed 5–23–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Part 1

[Docket No.: 99100008272–0123–02]

RIN 0651–AB07

Changes to Permit Payment of Patent

and Trademark Fees by Credit Card

AGENCY: Patent and Trademark Office,

Commerce.

ACTION: Final rule.

SUMMARY: The United States Patent and

Trademark Office (Office) is amending

the rules of practice to provide for the

payment of any patent process or

trademark process fee by credit card.

The Office previously limited payment

by credit card to the fees required for

information products or for an

electronic submission of or in a

trademark application. The Office will

now accept payment of any patent

process fee, trademark process fee, or

information product fee by credit card.

EFFECTIVE DATES: The amendment to

§ 1.21 is effective July 24, 2000. Section

1.23 is effective June 5, 2000.

FOR FURTHER INFORMATION CONTACT:

Concerning this final rule: Robert W.

Bahr, by telephone at (703) 308–6906, or

by facsimile to (703) 308–6916 marked

to the attention of Robert W. Bahr.

Concerning the payment of fees (by

credit card or otherwise) in general:

Matthew Lee, by telephone at (703) 305–

8051, by e-mail at

matthew.lee@uspto.gov, or by facsimile

at (703) 305–8007 marked to the

attention of Matthew Lee.

SUPPLEMENTARY INFORMATION: It has been

the practice of the United States Patent

and Trademark Office (Office) to accept

payment of fees for information

products by credit card, but not to

accept patent process fees or trademark

process fees by credit card. The Office

recently revised 37 CFR 1.23 to

expressly permit payment of fees by

credit card ‘‘in an electronically filed

trademark application or electronic

submission in a trademark application.’’

See Trademark Law Treaty

Implementation Act Changes, Final

Rule, 64 FR 48989, 48917 (September 8,

1999), 1226 Off. Gaz. Pat. Office 103,

120 (September 23, 1999) (TLTIA Final

Rule). As explained in the TLTIA Final

Rule:

Section 1.23 is also amended to add a

paragraph (b), providing that payments of

money for fees in electronically filed

trademark applications, or electronic

submissions in trademark applications, may

also be made by credit card. The Office

previously limited fee payment by credit card

to the fees required for information products,

and will continue to accept payment of

information product fees by credit card.

Section 1.23(b) will also provide that

payment of a fee by credit card must specify

the amount to be charged and such other

information as is necessary to process the

charge, and is subject to collection of the fee.

Section 1.23(b) will further provide that

the Office will not accept a general

authorization to charge fees to a credit card.

The Office cannot accept an authorization to

charge ‘‘all required fees’’ or ‘‘the filing fee’’

to a credit card, because the Office cannot

determine with certainty the amount of an

unspecified fee (the amount of the ‘‘required

fee’’ or the applicable ‘‘filing fee’’) within the

time frame for reporting a charge to the credit

card company. Also, the Office cannot accept

charges to credit cards that require the use of

a personal identification number (PIN) (e.g.,

certain debit cards or check cards).

Section 1.23(b) also contains a warning

that if credit card information is provided on

a form or document other than a form

provided by the Office for the payment of

fees by credit card, the Office will not be

liable if the credit card number is made

public. The Office currently provides an

electronic form for use when paying a fee in

an electronically filed trademark application

or electronic submission in a trademark

application. This form will not be included

in the records open to public inspection in

the file of a trademark matter. However, the

inclusion of credit card information on forms

or documents other than the electronic form

provided by the Office may result in the

release of credit card information.

See Trademark Law Treaty

Implementation Act Changes, 64 FR at

48906–07 (September 8, 1999), 1226 Off.

Gaz. Pat. Office at 110.

The Office is now amending the rules

of practice to permit payment of any

patent process fee, trademark process

fee, or information product fee by credit

card, subject to actual collection of the

fee. The Office will provide a Credit

Card Payment Form (PTO–2038) for use

when paying a patent process or

trademark process fee (or the fee for an

information product) by credit card. The

Office will not require customers to use

this form when paying a patent process

or trademark process fee by credit card.

If, however, a customer provides a

credit card charge authorization in

another form or document (e.g., a

communication relating to the patent or

trademark), the credit card information

may become part of the record of an

Office file that is open to public

inspection. Information concerning fees

in general is posted on the Office’s Web

site at http://www.uspto.gov, and

information on completing the Credit

Card Payment Form will be posted on

the Office’s Web site.

The Office will not include the Credit

Card Payment Form (PTO–2038) among

the records open to public inspection in

the file of a patent, trademark

registration, or other proceeding. The

Credit Card Payment Form (PTO–2038)

is the only form the Office uses to

collect credit card information during a

patent, trademark, or other proceeding.

The Credit Card Payment Form (PTO–

2038) is the only form the Office will

not make available to the public as part

of the file of a patent, trademark, or

other proceeding. As discussed above,

failure to use the Credit Card Payment

Form (PTO–2038) when submitting a

credit card payment may result in your

credit card information becoming part of

the record of an Office file that is open

to public inspection. If the cardholder

includes a credit card number on any

form or document other than the Credit

Card Payment Form, the Office will not

be liable in the event that the credit card

number becomes public knowledge.

35 U.S.C. 42(d) and § 1.26 (which

concern refund of patent and trademark

fees) also apply to requests for refund of

fees paid by credit card. Any refund of

a fee paid by credit card will be by a

credit to the credit card account to

which the fee was charged. The Office

will not refund a fee paid by credit card

by Treasury check, electronic funds

transfer, or credit to a deposit account

(§ 1.25).

Finally, any payment of a patent

process or trademark process fee by

credit card must be in writing (see

§ 1.2), preferably on the Credit Card

Payment Form (PTO–2038). If a Credit

Card Payment Form or other document

authorizing the Office to charge a patent