23640 Federal Register / Vol. 66, No. 90 / Wednesday, May 9, 2001 / Proposed Rules

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this proposed 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

section 5 U.S.C. 605(b), that this

proposed rule would not have a

significant economic impact on a

substantial number of small entities.

This conclusion is based upon the fact

that the bridge will open at all times for

the passage of vessel traffic.

If you think that your business,

organization, or governmental

jurisdiction qualifies as a small entity

and that this rule would have a

significant economic impact on it,

please submit a comment (see

ADDRESSES) explaining why you think it

qualifies and how and to what degree

this rule would economically affect it.

Collection of Information

This proposed rule would call for no

new collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501–3520.).

Federalism

We have analyzed this proposed 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 costs. This proposed

rule would not impose an unfunded

mandate.

Taking of Private Property

This proposed rule would 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 proposed 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 proposed 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

We considered the environmental

impact of this proposed rule and

concluded that, under figure 2–1,

paragraph (32)(e), of Commandant

Instruction M16475.1C, this proposed

rule is categorically excluded from

further environmental documentation

because promulgation of drawbridge

regulations have been found not to have

a significant effect on the environment.

A written ‘‘Categorical Exclusion

Determination’’ is not required for this

rule.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

For the reasons set out in the

preamble, the Coast Guard proposes to

amend 33 CFR part 117 as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. Section 117.622 is revised to read

as follows:

§ 117.622 West Bay.

The draw of the West Bay Bridge,

mile 1.2, at Osterville, shall operate as

follows:

(a) From November 1 through April

30, the draw shall open on signal if at

least a twenty-four hours advance notice

is given.

(b)(1) From May 1 through June 15,

the draw shall open on signal from 8

a.m. to 6 p.m.

(2) From June 16 through September

30, the draw shall open on signal from

7 a.m. to 9 p.m.

(3) From October 1 through October

31, the draw shall open on signal from

8 a.m. to 6 p.m.

(4) At all other times from May 1

through October 31, the draw shall open

on signal if at least a four-hours advance

notice is given by calling the number

posted at the bridge.

Dated: April 26, 2001.

G.N. Naccara,

Rear Admiral, U.S. Coast Guard, Commander,

First Coast Guard District.

[FR Doc. 01–11716 Filed 5–8–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08–01–009]

RIN 2115–AE47

Drawbridge Operation Regulation;

Massalina Bayou, Florida

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard is proposing

a change to the regulation governing the

operation of the Tarpon Dock bascule

span drawbridge across Massalina

Bayou, mile 0.0, at Panama City, Bay

County, Florida. The proposed rule

would allow the draw of the bridge to

remain closed to navigation from 9 p.m.

until 11 p.m. on July 4 of each year.

This rule will facilitate movement of

vehicular traffic associated with a

fireworks display which is conducted

annually on July 4. Presently the draw

opens on signal at all times.

DATES: Comments and related material

must reach the Coast Guard on or before

May 22, 2001.

ADDRESSES: You may mail comments to

Commander (ob), Eighth Coast Guard

District, 501 Magazine Street, New

Orleans, Louisiana 70130–3396, or

deliver them to room 1313 at the same

address between 7 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays. The Commander, Eighth Coast

Guard District, Bridge Administration

Branch maintains the public docket for

this rulemaking. Comments and

material received from the public, as

well as documents indicated in this

preamble as being available in the

docket, will become part of this docket

and will be available for inspection or

copying at the Bridge Administration

Branch, Eighth Coast Guard District

between 7 a.m. and 3 p.m., Monday

through Friday, except Federal holidays.

Federal Register / Vol. 66, No. 90 / Wednesday, May 9, 2001 / Proposed Rules 23641

FOR FURTHER INFORMATION CONTACT: Phil

Johnson, Bridge Administration Branch,

504–589–2965.

SUPPLEMENTARY INFORMATION:

Request for Comments

We encourage you to participate in

this rulemaking by submitting

comments and related material. If you

do so, please include your name and

address, identify the docket number for

this rulemaking (CGD08–01–009),

indicate the specific section of this

document to which each comment

applies, and give the reason for each

comment. Please submit all comments

and related material in an unbound

format, no larger than 81⁄2 by 11 inches,

suitable for copying. If you would like

to know they reached us, please enclose

a stamped, self-addressed postcard or

envelope. We will consider all

comments and material received during

the comment period. We may change

this proposed rule in view of them.

Public Meeting

We do not now plan to hold a public

meeting. But you may submit a request

for a meeting by writing to the

Commander, Eighth Coast Guard

District, Bridge Administration Branch

at the address under ADDRESSES

explaining why one would be

beneficial. If we determine that one

would aid this rulemaking, we will hold

one at a time and place announced by

a later notice in the Federal Register.

Background and Purpose

The City of Panama City, Florida

requested a change in the drawbridge

operating regulation, governing the

operation of the Tarpon Dock bascule

span drawbridge. The rule is needed to

accommodate the additional volume of

vehicular traffic that the fireworks

display normally generates. This bridge

closure has become an annual event in

conjunction with the 4th of July

fireworks celebration. The closure is for

two hours and does not significantly

affect marine traffic. The Tarpon Dock

bascule span drawbridge across

Massalina Bayou has a vertical

clearance of 7 feet above mean high

water in the closed-to-navigation

position and unlimited in the open-tonavigation position. Navigation on the

waterway consists primarily of

commercial fishing vessels, sailing

vessels and other recreational craft.

Discussion of Proposed Rule

This proposed rule would allow the

bridge to remain closed to navigation

from 9 p.m. until 11 p.m. on July 4 of

each year. The closure of the bridge

would affect vessel traffic for a two-hour

period on one evening per year. This

closure is necessary to accommodate an

increase in volume of vehicular traffic,

crossing the bridge resulting from the

annual fireworks display, an event of

public interest. The rule would allow

the bridge to open during this period for

a vessel in distress.

Regulatory Evaluation

This proposed 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).

We expect the economic impact of

this proposed rule to be so minimal that

a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this proposed 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 proposed rule

would not have a significant economic

impact on a substantial number of small

entities. The small entities concerned

with this proposed rule are the local

commercial fishermen who transit the

bridge. This proposed rule will only

delay transiting the bridge for two hours

on one evening per year.

If you think that your business,

organization, or governmental

jurisdiction qualifies as a small entity

and that this rule would have a

significant economic impact on it,

please submit a comment (see

ADDRESSES) explaining why you think it

qualifies and how and to what degree

this rule would economically affect it.

Assistance for Small Entities

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 proposed rule so that

they can better evaluate its effects on

them and participate in the rulemaking.

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 Bridge

Administration Branch, Eighth Coast

Guard District at the address above.

Collection of Information

This proposed rule would call for no

new collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501–3520.).

Federalism

We have analyzed this proposed rule

under E.O. 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 costs. This proposed

rule would not impose an unfunded

mandate.

Taking of Private Property

This proposed rule would 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 proposed 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 proposed rule

under Eexecutive 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

We considered the environmental

impact of this proposed rule and

concluded that, under figure 2–1,

paragraph (32)(e), of Commandant

Instruction M16475.lC, this proposed

rule is categorically excluded from

23642 Federal Register / Vol. 66, No. 90 / Wednesday, May 9, 2001 / Proposed Rules

further environmental documentation.

This proposal will change an existing

special drawbridge operating regulation

promulgated by a Coast Guard Bridge

Administration Program action. A

‘‘Categorical Exclusion Determination’’

is available in the docket where

indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

For the reasons set out in the

preamble, the Coast Guard proposes to

amend Part 117 of Title 33, Code of

Federal Regulations, as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for Part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. Section 117.301 is added to read as

follows:

§ 117.301 Massalina Bayou.

The draw of the Tarpon Dock bascule

span bridge, Massalina Bayou, mile 0.0

at Panama City, shall open on signal;

except that from 9 p.m. until 11 p.m. on

July 4, each year, the draw need not

open for the passage of vessels. The

draw will open at any time for a vessel

in distress.

Dated: April 13, 2001.

Paul J. Pluta,

Rear Admiral, U.S. Coast Guard, Commander,

Eighth Coast Guard District.

[FR Doc. 01–11714 Filed 5–8–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Parts 1 and 2

[Docket No. 991105297–1085–02]

RIN 0651–AB01

Revision of Patent and Trademark

Fees for Fiscal Year 2002

AGENCY: United States Patent and

Trademark Office, Commerce.

ACTION: Notice of proposed rulemaking.

SUMMARY: The United States Patent and

Trademark Office (referred to as ‘‘we’’,

‘‘us’’, or ‘‘our’’ in this document) is

proposing to adjust certain patent fee

amounts and a trademark fee amount to

reflect fluctuations in the Consumer

Price Index (CPI). Also, we are

proposing to adjust, by a corresponding

amount, a few patent fees that track the

affected fees. Our Director is authorized

to adjust these fees annually by the CPI

to recover the higher costs associated

with doing business. In addition, we are

proposing to change the maintenance

fee correspondence address to better

serve our customers, and amend a fee to

reflect current business practice. These

proposed amendments would keep our

fees aligned with the CPI and streamline

administrative matters.

DATES: Comments must be submitted on

or before June 12, 2001.

ADDRESSES: Comments may be

submitted by e-mail addressed to

matthew.lee@uspto.gov. Comments may

also be submitted by mail addressed to:

Office of Finance, Crystal Park One,

Suite 802, Washington, DC, 20231, or by

fax to (703) 305–8007, marked to the

attention of Matthew Lee.

FOR FURTHER INFORMATION CONTACT:

Matthew Lee by e-mail at

matthew.lee@uspto.gov, by telephone at

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

8007.

SUPPLEMENTARY INFORMATION: This

proposed rule would adjust our fees in

accordance with the applicable

provisions of title 35, United States

Code, as amended by the Consolidated

Appropriations Act, Fiscal Year 2000

(which incorporated the Intellectual

Property and Communications Omnibus

Reform Act of 1999) (Public Law 106–

113); and section 1113 of title 15,

United States Code. This proposed rule

would also adjust, by a corresponding

amount, a few patent fees (37 CFR

1.17(e), (r), (s), and (t)) that track

statutory fees (either 37 CFR 1.16(a) or

1.17(m)).

In addition, this proposed rule would

change the maintenance fee

correspondence address. The address

change for maintenance fee payments

would benefit our customers by

allowing the payments to be processed

within 24 hours of receipt, rather than

the current time frame of three to five

days. Likewise, the funds would be

deposited more quickly with the United

States Treasury. The address change for

other communications related to

maintenance fees would permit us to

respond in a timelier manner.

Maintenance fee correspondence

received at the Box M Fee’’ address

would be forwarded to the appropriate

address in § 1.1(d) for an indefinite

period of time.

Background

Statutory Provisions

Patent fees are authorized by 35

U.S.C. 41 and 35 U.S.C. 376. For fees

paid under 35 U.S.C. 41 (a) and (b),

independent inventors, small business

concerns, and nonprofit organizations

who meet the requirements of 35 U.S.C.

41(h)(1) are entitled to a fifty-percent

reduction.

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 CPI over the previous

twelve months.

Subsection 41(d) of title 35, United

States Code, authorizes the Director 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 white copy of a patent,

and for library services.

Section 376 of title 35, United States

Code, authorizes the Director to set fees

for patent applications filed under the

Patent Cooperation Treaty (PCT).

Subsection 41(g) of title 35, United

States Code, provides that new fee

amounts established by the Director

under section 41 may take effect thirty

days after notice in the Federal Register

and the Official Gazette of the United

States Patent and Trademark Office.

Section 1113 of title 15, United States

Code, authorizes the Director to

establish fees for the filing and

processing of an application for the

registration of a trademark or other

mark, and for all other services and

materials relating to trademarks and

other marks.

Subsection 1113(a) of title 15, United

States Code, allows trademark fees to be

adjusted once each year to reflect, in the

aggregate, any fluctuations during the

preceding twelve months in the CPI.

Subsection 1113(a) also allows new

trademark fee amounts to take effect

thirty days after notice in the Federal

Register and the Official Gazette of the

United States Patent and Trademark

Office.

Fee Adjustment Level

The patent statutory fees established

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

to be adjusted on October 1, 2001, to

reflect any fluctuations occurring during

the previous twelve months in the

Consumer Price Index for all urban

consumers (CPI–U). In calculating these

fluctuations, the Office of Management

and Budget (OMB) has determined that

we should use CPI–U data as

determined by the Secretary of Labor. In

accordance with previous fee-setting

methodology, we use the

Administration’s projected CPI–U for