Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 /Rules and Regulations 39729

conformity with the Federal standards

without undue delay. Consistency of

State and Federal standards is required

by SMCRA.

VI. Procedural Determinations

Executive Order 12866

This rule is exempted from review by

the Office of Management and Budget

(OMB) under Executive Order 12866

(Regulatory Planning and Review).

Executive Order 12988

The Department of the Interior has

conducted the reviews required by

section 3 of Executive Order 12988

(Civil Justice Reform) and has

determined that, to the extent allowed

by law, this rule meets the applicable

standards of subsections (a) and (b) of

that section. However, these standards

are not applicable to the actual language

of State regulatory programs and

program amendments since each such

program is drafted and promulgated by

a specific State, not by OSM. Under

sections 503 and 505 of SMCRA (30

U.S.C. 1253 and 1255) and 30 CFR

730.11, 732.15, and 732.17(h)(10),

decisions on proposed State regulatory

programs and program amendments

submitted by the States must be based

solely on a determination of whether the

submittal is consistent with SMCRA and

its implementing Federal regulations

and whether the other requirements of

30 CFR Parts 730, 731, and 732 have

been met.

National Environmental Policy Act

No environmental impact statement is

required for this rule since section

702(d) of SMCRA (30 U.S.C. 1292(d))

provides that agency decisions on

proposed State regulatory program

provisions do not constitute major

Federal actions within the meaning of

section 102(2)(C) of the National

Environmental Policy Act (42 U.S.C.

4332(2)(C)).

Paperwork Reduction Act

This rule does not contain

information collection requirements that

require approval by OMB under the

Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

Regulatory Flexibility Act

The Department of the Interior has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). The State submittal

which is the subject of this rule is based

upon corresponding Federal regulations

for which an economic analysis was

prepared and certification made that

such regulations would not have a

significant economic effect upon a

substantial number of small entities.

Accordingly, this rule will ensure that

existing requirements previously

promulgated by OSM will be

implemented by the State. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions for the

corresponding Federal regulations.

Unfunded Mandates

OSM has determined and certifies

pursuant to the Unfunded Mandates

Reform Act (2 U.S.C. 1502 et seq.) that

this rule will not impose a cost of $100

million or more in any given year on

local, state, or tribal governments or

private entities.

List of Subjects in 30 CFR Part 914

Intergovernmental relations, Surface

mining, Underground mining.

Dated: July 9, 1998.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

For the reasons set out in the

preamble, 30 CFR part 914 is amended

as set forth below:

PART 914—INDIANA

1. The authority citation for part 914

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 914.15 is amended in the

table by adding a new entry in

chronological order by ‘‘Date of final

publication’’ to read as follows:

§ 914.15 Approval of Indiana regulatory

program amendments.

* * * * *

Original amendment

submission date

Date of final publication Citation/description

* * * * * * *

March 6, 1998 ............. July 24, 1998 .............. 310 IAC 12–3–46(a), (b)(2) through (b)(5); 12–3–80(a), (b)(2) through (b)(5); 12–3–110 (f),

(g); 12–5–32(a), (b); 12–5–97(a), (b).

[FR Doc. 98–19791 Filed 7–23–98; 8:45 am]

BILLING CODE 4310–05–P

DEPARTMENT OF THE TREASURY

Federal Law Enforcement Training

Center

31 CFR Part 700

Regulations Governing Conduct in

Federal Law Enforcement Training

Center (FLECT) Buildings and on the

Grounds in Glynco, Georgia, Artesia,

New Mexico, the FLETC Washington

Office, and Any Other Temporary Site

the FLETC May Occupy

AGENCY: Federal Law Enforcement

Training Center (FLETC).

ACTION: Final rule.

SUMMARY: This final rule amends the

regulations governing conduct in

Federal Law Enforcement Training

Center (FLETC) buildings and grounds.

The existing regulations apply only to

the FLETC buildings and grounds in

Glynco, Georgia. This final rule

modifies the existing regulations to

include the FLETC Artesia facility in

New Mexico, the FLETC Washington

Office, and any other temporary site the

FLETC may occupy.

EFFECTIVE DATES: July 24, 1998.

FOR FURTHER INFORMATION CONTACT:

Stephen M. Bodolay, 912–267–2441.

SUPPLEMENTARY INFORMATION: The

Federal Law Enforcement Training

Center (FLETC) facility in Artesia, New

Mexico, the FLETC Washington Office,

and any other temporary site the FLETC

may occupy are included in 31 CFR 700.

Section 301 of Title 5, United States

Code, and Treasury Order 140–01

(September 20, 1994) authorize the

Director, FLETC, to make all needful

rules and regulations governing conduct

in FLETC’s buildings and on its

grounds. This final rule prohibits

discrimination or harassment of other

persons on the property, requires

compliance with instructions of

uniformed security officers, prohibits

the taking of photographs of students

without their consent, restricts the

smoking of cigarettes, cigars and pipes,

and requires that bicycles be equipped

with appropriate safety devices.
39730 Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 /Rules and Regulations

Executive Order 12866

Because this rule relates to agency

organization and management, it is not

subject to Executive Order 12866.

Adminstrative Procedure Act

Because this Treasury decision relates

to agency organization and management

and is procedural in nature, notice and

public procedure and a delayed

effective date are inapplicable pursuant

to Section 553(a)(2) of Title 5, United

States Code.

Regulatory Flexibility Act

Because no notice of proposed

rulemaking is required for this final

rule, the provisions of the Regulatory

Flexibility Act do not apply.

Drafting Information

The principal author of this document

is Stephen M. Bodolay, Office of Legal

Counsel, Federal Law Enforcement

Training Center.

List of Subjects in 31 CFR Part 700

Federal buildings and facilities.

31 CFR part 700 is revised to read as

follows:

PART 700—REGULATIONS

GOVERNING CONDUCT IN OR ON THE

FEDERAL LAW ENFORCEMENT

TRAINING CENTER (FLETC)

BUILDINGS AND GROUNDS

Sec.

700.2 Applicability.

700.3 Recording presence.

700.4 Preservation of property.

700.5 Compliance with signs and

directions.

700.6 Nuisances.

700.7 Alcoholic beverages, narcotics, and

drugs.

700.8 Soliciting, vending, debt collection,

and distribution of handbills.

700.9 Photographs for news, advertising, or

commercial purposes.

700.10 Vehicular and pedestrian traffic.

700.11 Weapons and explosives.

700.12 Authority to search persons and

vehicles.

700.13 Nondiscrimination.

700.14 Smoking.

Authority: 5 U.S.C. 301; 31 U.S.C. 321;

Treasury Department Order No. 140–01,

dated September 20, 1994; 41 FR 5869, dated

Feb. 10, 1996.

§ 700.2 Applicability.

The regulations in this part apply to

the buildings and surrounding property

of the FLETC, Glynco, Georgia; Artesia,

New Mexico; FLECT’s Washington

Office; any other temporary site FLETC

may occupy; and to all persons entering

such buildings or property.

§ 700.3 Recording presence.

Except as otherwise ordered, the

property shall be closed to the general

public. Admission to the property will

be limited to authorized individuals

who will be required to obtain a visitor’s

pass and/or display identification

documents, in accordance with FLETC

policy.

§ 700.4 Preservation of property.

It shall be unlawful for any person

without proper authority to willfully

destroy, damage, deface, or remove

property (including Federal records) or

any part thereof or any furnishing

therein.

§ 700.5 Compliance with signs and

directions.

Persons in and on the property shall

comply with the instructions of

uniformed FLETC security officers,

other authorized officials, official signs

of a prohibitory or directory nature, and

all applicable statutes and regulations.

§ 700.6 Nuisances.

The use of loud, abusive, or profane

language, except as part of an

authorized practical training exercise,

unwarranted loitering, unauthorized

assembly, the creation of any hazard to

persons or things, improper disposal of

rubbish, or the commission of any

disorderly conduct on the property is

prohibited. Prohibited actions in the

preceding sentence are limited to those

actions which impede, obstruct, or

otherwise interfere with the

Government’s business which includes,

among other things, the maintenance of

the facility, protection of persons and

property, and the smooth administration

of academic activities and supporting

services. The entry, without specific

permission, upon any part of the

property to which authorized visitors do

not customarily have access, is

prohibited.

§ 700.7 Alcoholic beverages, narcotics,

and drugs.

Entering or being on the property, or

operating a motor vehicle thereon, by a

person under the influence of alcoholic

beverages, narcotics, hallucinogenic or

dangerous drugs, or marijuana is

prohibited. The possession or use of any

unlawful drug or substance contrary to

the provisions of Federal, State, or local

law in or on the property is prohibited.

§ 700.8 Soliciting, vending, debt collection

and distribution of handbills.

The unauthorized soliciting for

charity and contributions, commercial

soliciting and vending of all kinds, the

display or distribution of commercial

advertising, or the collecting of private

debts, other than legal service of

process, in or on the property, is

prohibited. This prohibition does not

apply to Federal Law Enforcement

Training Center concessions or notices

posted by authorized employees on the

bulletin boards. Distribution of material

such as pamphlets, handbills, and flyers

is prohibited without prior approval of

the Director.

§ 700.9 Photographs for news, advertising,

or commercial purposes.

Photographs for news, advertising, or

commercial purposes may be taken on

the property only with the prior

permission of the Director. Taking

photographs of a student is prohibited

without the consent of the student.

§ 700.10 Vehicular and pedestrian traffic.

(a) Drivers of all vehicles on the

property shall drive in a careful and safe

manner at all times and shall comply

with the signals and directions of

security officers and all posted traffic

signs. All persons on the property must

comply with all applicable Federal,

State, and local laws. All drivers

operating a vehicle on property

roadways must possess a valid driver’s

license.

(b) The blocking of entrances,

driveways, walks, loading platforms, or

fire-hydrants in or on the property is

prohibited.

(c) Parking is permitted only in

authorized locations.

(d) This section may be supplemented

from time to time by the Director by the

issuance and posting of traffic

directives. When so issued and posted,

such directives shall have the same

force and effect as if made a part hereof.

§ 700.11 Weapons and explosives.

No person, while on the property,

shall carry firearms, other dangerous or

deadly weapons, or explosives, either

openly or concealed, except for

authorized training or official purposes,

in accordance with FLETC regulations.

§ 700.12 Authority to search persons and

vehicles.

Persons and vehicles entering upon

FLETC facilities are subject to search by

authorized security officers.

§ 700.13 Nondiscrimination.

(a) No one entering upon FLETC

property shall discriminate against or

harass any other person on such

property, on the basis of race, color,

religion, national origin, sex, sexual

orientation, age, or disability, Sexual

harassment is a form of sex

discrimination and is expressly

prohibited.
Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 /Rules and Regulations 39731

(b) Appropriate action will be taken

against any person who violates any

discrimination prohibition contained in

paragraph (a) of this section. However,

this section does not create any legal

rights enforceable against the

Department of the Treasury, its officers,

or employees, or any other person.

Although this section does not create

any enforceable rights, actions in

violation of the section may still result

in civil or criminal action in accordance

with applicable laws.

§ 700.14 Smoking.

Smoking of cigarettes, cigars and

pipes is prohibited in all FLETC

buildings and vehicles.

Ralph W. Basham,

Director.

[FR Doc. 98–19493 Filed 7–23–98; 8:45 am]

BILLING CODE 4810–32–M

DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Part 1

[Docket No. 980713170–8170–01]

RIN 0651–AA96

Revision of Patent Fees for Fiscal Year

1999

AGENCY: Patent and Trademark Office,

Commerce.

ACTION: Final rule.

SUMMARY: The Patent and Trademark

Office (PTO) is amending the rules of

practice in patent cases, Part 1 of title

37, Code of Federal Regulations, to

adjust patent statutory fee amounts to

reflect the expiration of the surcharge

established by the Omnibus Budget

Reconciliation Act of 1990, as amended,

and fluctuations in the Consumer Price

Index (CPI). Also, a few fees that track

statutory fees are being correspondingly

adjusted, and a non-statutory fee is

being reduced to recover cost.

Patent statutory fees consist of a fee

amount pursuant to title 35, United

States Code; annual adjustments to

reflect fluctuations in the CPI; and a

surcharge, established by the Omnibus

Budget Reconciliation Act of 1990, as

amended. The intent of the surcharge

was to finance the cost of operating the

PTO from user fees, rather than from

taxes paid to the general fund of the

United States Treasury. In fiscal year

1998, the surcharge will raise

$119,000,000. The surcharge will expire

at the end of fiscal year 1998. To replace

the surcharge and to ensure continued

user-fee funding of PTO’s operations,

legislation has been introduced in the

Congress, namely, H.R. 3989 and H.R.

3723. Should either legislation or an

alternative be enacted, the PTO will

publish a document in the Federal

Register to ensure that this final rule

and the fees established herein will not

take effect.

This final rule assumes that no

legislative change to patent fees will

take place before October 1, 1998. This

final rule adjusts patent fees to reflect

the expiration of the surcharge

established by the Omnibus Budget

Reconciliation Act of 1990, as amended,

and to reflect fluctuations in the CPI

over the previous twelve months.

EFFECTIVE DATE: October 1, 1998.

FOR FURTHER INFORMATION CONTACT:

Matthew Lee by telephone at (703) 305–

8051, fax at (703) 305–8007, or by mail

marked to his attention and addressed

to the Commissioner of Patents and

Trademarks, Office of Finance, Crystal

Park 1, Suite 802, Washington, D.C.

20231.

SUPPLEMENTARY INFORMATION: This final

rule adjusts PTO fees in accordance

with the applicable provisions of title

35, United States Code, and the Patent

and Trademark Office Authorization Act

of 1991 (Public Law 102–204).

Legislation has been introduced in the

Congress, namely H.R. 3989 and H.R.

3723, to replace the surcharge and to

ensure continued user-fee funding of

PTO’s operations. H.R. 3989 would reestablish patent statutory fees at the

fiscal year 1998 fee levels. For patent

customers, H.R. 3989 would not change

fee levels; it would simply include the

current surcharge and previous years’

annual inflation adjustments within the

statutory fees, in accordance with the

President’s budget. The President’s

budget further proposes to rescind

$66,342,000 of PTO’s fiscal year 1998

budget authority, and an additional

$50,000,000 in fees collected in fiscal

year 1999, for a total rescission of

$116,342,000.

H.R. 3723 would re-establish patent

statutory fees below the levels proposed

in H.R. 3989. The total amount collected

under H.R. 3723 is expected to be

$50,000,000 less than would be

collected under H.R. 3989. H.R. 3723

does not assume rescission of PTO

budget authority from fees collected in

fiscal year 1999. (A comparison of fee

amounts for fiscal year 1998, this final

rule for fiscal year 1999, H.R. 3723, and

H.R. 3989 is included as an Appendix

to this final rule.)

In the absence of the enactment of

these bills, or any other positive action

by the Congress before October 1, 1998,

certain patent fees will revert to their

statutory levels, as adjusted for previous

years’ annual fluctuations in the CPI.

Should this occur, and PTO not increase

fees by CPI for fiscal year 1999, PTO fee

collections in fiscal year 1999 would be

$182,000,000 less than would be

collected under H.R. 3989 and the

President’s budget proposal, and

$132,000,000 less than would be

collected under H.R. 3723.

This final rule assumes that these

bills—and any other statutory change to

patent fees—will not be enacted before

October 1, 1998. This final rule adjusts

patent fees to reflect the expiration of

the surcharge established by the

Omnibus Budget Reconciliation Act of

1990, as amended, and to reflect

fluctuations in the CPI over the previous

twelve months. Fees collected under

this final rule in fiscal year 1999 would

be $171,000,000 less than would be

collected under H.R. 3989 and the

President’s budget proposal, and

$121,000,000 less than would be

collected under H.R. 3723.

Patent customers should be aware that

legislative changes to patent fees

superseding this final rule may occur. If

such changes occur the PTO will

publish a document in the Federal

Register to ensure that this final rule

and the fees established herein will not

take effect. Patent customers may wish

to refer to the official PTO website

(www.uspto.gov) for the most current

fee amounts. Official notices of any fee

changes will appear in the Federal

Register and the Official Gazette of the

Patent and Trademark Office.

Background

Statutory Provisions

Patent fees are authorized by 35

U.S.C. 41 and 35 U.S.C. 376. A fifty

percent reduction in the fees paid under

35 U.S.C. 41(a) and (b) by independent

inventors, small business concerns, and

nonprofit organizations who meet

prescribed definitions is required by 35

U.S.C. 41(h).

Subsection 41(f) of title 35, United

States Code, provides that fees

established under 35 U.S.C. 41(a) and

(b) may be adjusted on October 1, 1992,

and every year thereafter, to reflect

fluctuations in the Consumer Price

Index (CPI) over the previous twelve

months.

Subsection 41(d) of title 35, United

States Code, authorizes the

Commissioner to establish fees for all

other processing, services, or materials

related to patents to recover the average

cost of providing these services or

materials, except for the fees for

recording a document affecting title, for

each photocopy, for each black and