19222 Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Proposed Rules

significant impact have been prepared

and are available in the docket for

inspection or copying where indicated

under ADDRESSES. The Coast Guard has

concluded that this proposed action

would not significantly affect the

quality of the human environment.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

Proposed Regulations

In consideration of the foregoing, the

Coast Guard is proposing to amend Part

100 of Title 33, Code of Federal

Regulations, as follows:

PART 100—[AMENDED]

1. The authority citation for Part 100

continues to read as follows:

Authority: 33 U.S.C. 1233; 49 CFR 1.46 and

33 CFR 100.35.

2. A new section § 100.718 is added

to read as follows:

§ 100.718 Annual Suncoast Kilo Run;

Sarasota Bay, Sarasota, FL.

(a) Regulated area. The regulated area

is established in Sarasota Bay with the

northwest corner pint at Whale Key,

position 27°23′53′′ N, 82°37′46′′ W,

extending to the northeast corner point

at Bayshore Gardens Channel, position

27°25′11′′ N, 82°35′45′′ W, then

extending to the southeast corner point

at Whitaker Bayou, position 27°21′22′′

N, 82°33′14′′ W, and then to the

southwest corner point at Quick Point,

position 27°20′18′′ N, 82°34′′ W. All

coordinates referenced use datum: NAD

83.

(b) Special local regulations. (1) In

accordance with these regulations, the

regulated area is designated as a ‘‘no

wake’’ zone. Spectator craft are

permitted into the area, but are

prohibited from entering the race course

areas described in (b)(2) of this section.

(2) Inside the ‘‘no wake’’ zone are two

designated areas surrounding the

primary and alternate race courses.

Primary course ‘‘A’’ is bounded by a

line connecting the northeast corner

point at position 27°22′10′′ N, 82°36′09′′

W, a southeast corner point at position

27°21′31′′ N, 82°35′37′′ W, a southwest

corner point at position 27°21′27′′ N,

82°35′48′′ W, and a northwest corner

point at position 27°22′05′′ N, 82°36′16′′

W. Alternate course ‘‘B’’ is bounded by

a line connecting the northeast corner

point at position 27°23′11′′ N, 82°34′31′′

W, a southeast corner point at position

27°22′35′′ N, 82°34′03′′ W, a southwest

corner point at position 27°22′31′′ N,

82°34′08′′ W, and northwest corner

point at position 27°23′09′′ N, 82°34′38′′

W. All coordinates referenced use

datum: NAD 83.

(3) Entry into the regulated area shall

be in accordance with this section.

(c) Effective date. This section is

effective at 8 a.m. and terminates at 1

p.m. EDT, annually during the first

Friday of July.

2. A new section § 100.719 is added

to read as follows:

§ 100.719 Annual Suncoast Offshore

Challenge; Gulf of Mexico, Sarasota, FL.

(a) Regulated area. The regulated area

is established by a line drawn from the

start/finish position 27°19.15′ N,

82°35.90′ W, thence to position

27°18.81′ N, 82°34.90′ W, thence to

position 27°18.21′ N, 82°34.48′ W,

thence to position 27°16.43′ N, 82°34.99′

W, thence to position 27°15.70′ N,

82°34.29′ W, thence to position

27°15.86′ N, 82°33.44′ W, thence to

position 27°14.73′ N, 82°32.37′ W,

thence to position 27°14.62′ N, 82°32.54′

W, thence to position 27°14.93′ N,

82°35.25′ W, thence to position

27°20.03′ N, 82°37.38′ W, thence to

position 27°20.32′ N, 82°37.16′ W,

thence back to the start/finish position.

All coordinates referenced use datum:

NAD 1983.

(b) Special local regulations. (1) No

anchoring will be permitted seaward of

the shoreside boundaries of the

regulated area out to three nautical

miles from shore, from 10 a.m. to 4 p.m.

EDT, annually on the first Saturday of

July.

(2) Anchoring for spectators will be

permitted shoreward of the shoreside

boundaries of the regulated area.

(3) All vessel traffic, not involved

with the Suncoast Offshore Challenge,

exiting New Pass between 11 a.m. and

4 p.m. EDT will exit at New Pass

Channel daybeacon #3 (27°26.46′ N,

82°41.7′ W, LLNR 18100) and #4

(27°26.4′ N, 82°41.68′ W, LLNR 18105),

and shall proceed in a northerly

direction shoreward of spectator craft

taking action to avoid a close-quarters

situation until finally past and clear of

the racecourse. All coordinates

referenced use datum: NAD 1983.

(4) Big Sarasota Pass will be closed to

all inbound and outbound vessel traffic,

other than spectator craft, from 10 a.m.

to 4 p.m. EDT.

(5) Entry into the regulated area shall

be in accordance with this regulation.

Spectator vessels will stay clear of race

area at all times.

(c) Effective date. This section is

effective at 10 a.m. and terminates at 4

p.m. EDT, annually during the first

Saturday of July.

2. A new section § 100.720 is added

to read as follows:

§ 100.720 Annual Suncoast Offshore

Grand Prix; Gulf of Mexico, Sarasota, FL.

(a) Regulated area. The regulated area

is established by a line drawn from the

start/finish position 27°19.15′ N,

82°35.90′ W, thence to position

27°18.81′ N, 82°34.90′ W, thence to

position 27°18.81′ N, 82°34.48′ W,

thence to position 27°16.43′ N, 82°34.99′

W, thence to position 27°15.70′ N,

82°34.29′ W, thence to position

27°15.86′ N, 82°33.44′ W, thence to

position 27°14.73′ N, 82°32.37′ W,

thence to position 27°14.62′ N, 82°32.54′

W, thence to position 27°14.93′ N,

82°35.25′ W, thence to position

27°20.03′ N, 82°37.38′ W, thence to

position 27°20.32′ N, 82°37.16′ W,

thence back to the start/finish position.

All coordinates referenced use datum:

NAD 1983.

(b) Special local regulations. (1) No

anchoring will be permitted seaward of

the shoreside boundaries of the

regulated area out to three nautical

miles from shore, form 10 a.m. to 4 p.m.

EDT.

(2) Anchoring for spectators will be

permitted shoreward of the shoreside

boundaries of the regulated area.

(3) All vessel traffic not involved with

the Suncoast Offshore Grand Prix,

exiting New Pass between 10 a.m. and

4 p.m. EDT will exit at New Pass

Channel daybeacon #3 (27°26.46′ N,

82°41.7′ W, LLNR 18100) and #4

(27°26.4′ N, 82°41.68′ W, LLNR 18105),

and shall proceed in a northerly

direction shoreward of spectator craft

taking action to avoid a close-quarters

situation until finally past and clear of

the racecourse. All coordinates

referenced use datum: NAD 83.

(4) Big Sarasota Pass will be closed to

all inbound and outbound vessel traffic,

other than spectator craft, from 10 a.m.

to 4 p.m. EDT.

(5) Entry into the regulated area shall

be in accordance with this regulation.

Spectator craft will stay clear of race

area at all times.

(c) Effective date. This section is

effective at 10 a.m. and terminates at 4

p.m. EDT, annually during the first

Sunday of July.

Dated: April 23, 1996.

Roger T. Rufe, Jr.,

Commander, Seventh Coast Guard District.

[FR Doc. 96–10660 Filed 4–30–96; 8:45 am]

BILLING CODE 4910–14–M
Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Proposed Rules 19223

33 CFR Part 117

[CGD8–95–026]

RIN 2115–AE47

Drawbridge Operation Regulation;

Bonfouca Bayou, LA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: At the request of the

Louisiana Department of Transportation

and Development (LDOTD), the Coast

Guard is proposing a change to the

regulation governing the operation of

the swing span drawbridge across

Bonfouca Bayou, mile 7.0, at Slidell, St.

Tammany Parish, Louisiana. The

proposed regulation would require that

from 6 a.m. to 9 a.m. and from 3 p.m.

to 6 p.m., peak vehicular traffic periods,

Monday through Friday, except Federal

holidays, the draw will remain closed to

navigation. From 9 p.m. to 5 a.m. the

bridge will be opened for vessel passage

if at least 12 hours notice is given.

Presently, the draw is required to open

on signal; except that, from 6 a.m. to 9

a.m. and from 3 p.m. to 6 p.m., Monday

through Friday except Federal holidays,

the draw opens on the hour and half

hour and the draw opens on demand

from 9 p.m. to 5 a.m. if at least 12 hours

advance notice is given. This change

will relieve vehicular traffic congestion

that has increased dramatically during

recent years, and still provide for the

reasonable needs of navigation.

DATES: Comments must be received on

or before July 1, 1996.

ADDRESSES: Comments should be

mailed to Commander (ob), Eighth Coast

Guard District, 501 Magazine Street,

New Orleans, Louisiana 70130–3396, or

may be delivered to Room 1313 at the

same address between 8:00 a.m. and

3:00 p.m., Monday through Friday,

except Federal holidays. The telephone

number is (504) 589–2965.

FOR FURTHER INFORMATION CONTACT:

Mr. Phil Johnson, Bridge Administration

Branch, at the address given above,

telephone (504) 589–2965.

SUPPLEMENTARY INFORMATION:

Request for Comments

Interested parties are invited to

participate in the proposed rulemaking

by submitting written views, comments,

or arguments. Persons submitting

comments should include their names

and addresses, identify the bridge and

give reasons for concurrence with or any

recommended change in this proposal.

Persons desiring acknowledgment that

their comments have been received

should enclose a stamped, selfaddressed postcard or envelope.

The Coast Guard plans no public

hearing. Persons may request a public

hearing by writing to the Eighth Coast

Guard District at the address under

ADDRESSES. The request should include

reasons why a hearing would be

beneficial. If it determines that the

opportunity for oral presentations will

aid this rulemaking, the Coast Guard

will hold a public hearing at a time and

place announced by a later notice in the

Federal Register.

The Commander, Eighth Coast Guard

District, will evaluate all

communications received and

determine a course of final action on

this proposal. The proposal regulation

may be changed in the light of

comments received.

Discussion of Proposed Rules

The present regulation requires that

the bridge remain closed to navigation

from 6 a.m. to 9 a.m. and 3 p.m. to 6

p.m., Monday through Friday except

Federal holidays with the draw opening

on the half hour during these periods.

The Louisiana Department of

Transportation and Development with

the support of Congressman Robert L.

Livingston and many other parish and

city officials, has requested the

elimination of the opening on the half

hour in order to enhance vehicular

traffic to cross the bridge during the

peak vehicular traffic periods. Mariners

will be able to adjust to the new

closures with little or no inconvenience.

The Bonfouca Bayou, swingspan

bridge at mile 7.0, at Slidell, St.

Tammany Parish, Louisiana, has 3.5 feet

vertical clearance above high tide in the

closed to navigation position and 6.7

feet above low tide at the pivot pier, and

8.2 feet clearance above high tide and

11.4 feet above low tide at the rest pier.

Navigation on the waterway consists of

tugs with tows, fishing vessels, sailing

vessels, and recreational craft. Data

provided by LDOTD show that from

September 1994 through September

1995, the number of vessels that passed

the bridge during the proposed closure

periods averaged 1.8 vessels per day.

Data provided also shows that

approximately 1532 vehicles cross the

bridge during the proposed 6 a.m. to 9

a.m. closure and approximately 2261

vehicles cross the bridge during the

proposed 3 p.m. to 6 p.m. closure.

Delays to this amount of vehicular

traffic paralyze this section of the city

for many hours.

Regulatory Evaluation

This proposal is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential cost

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.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this proposal, if

adopted, 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.

Since the proposed rule also

considers the needs of local commercial

fishing vessels, the economic impact is

expected to be minimal. Therefore, the

Coast Guard certifies under 5 U.S.C.

605(b) that this proposal, if adopted,

will not have a significant economic

impact on a substantial number of small

entities.

Collection of Information

This proposal contains no collectionof-information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism Implications

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

the proposed rulemaking does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment.

Environment

The Coast Guard considered the

environmental impact of this proposal

and concluded that under paragraph

2.B.2. of Commandant Instruction

M16475.1B, this proposal is

categorically excluded from further

environmental documentation. A

‘‘Categorical Exclusion Determination’’

is available in the docket for inspection

or copying where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.
19224 Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Proposed Rules

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 117.433 is revised to read

as follows:

§ 117.433 Bonfouca Bayou.

The draw of the S433 bridge, mile 7.0,

at Slidell, shall open on signal; except

that, from 9 p.m. to 5 a.m., the draw

shall open on signal if at least 12 hours

notice is given. From 6 a.m. to 9 a.m.

and from 3 p.m. to 6 p.m. Monday

through Friday except Federal holidays,

the draw need not be opened for the

passage of vessels.

Dated: January 25, 1996.

R.C. North,

Rear Admiral, U.S. Coast Guard Commander

Eighth Coast Guard District.

[FR Doc. 96–10821 Filed 4–30–96; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Part 1

[Docket No. 960417113–6113–01]

RIN 0651–AA82

Revision of Patent Fees for Fiscal Year

1997

AGENCY: Patent and Trademark Office,

Commerce.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Patent and Trademark

Office (PTO) is proposing to amend the

rules of practice in patent cases, Part 1

of title 37, Code of Federal Regulations,

to adjust certain patent fee amounts to

reflect fluctuations in the Consumer

Price Index (CPI) and to recover costs of

operation.

DATES: Written comments must be

submitted on or before June 5, 1996.

A public hearing will be held on

Wednesday, June 5, 1996, at 9:00 a.m.

Requests to present oral testimony

should be received on before June 4,

1996.

ADDRESSES: Address written comments

and requests to present oral testimony to

the Commissioner of Patents and

Trademarks, Washington, DC 20231,

Attention: Robert Kopson, suite 1107,

Crystal Park 1, or by fax to (703) 305–

8525.

The hearing will be held in suite 912

of Crystal Park 2, located at 2121 Crystal

Drive, Arlington, Virginia.

Written comments and a transcript of

the hearing will be available for public

inspection in suite 1107 of Crystal Park

1, located at 2011 Crystal Drive,

Arlington, Virginia.

FOR FURTHER INFORMATION CONTACT:

Robert Kopson by telephone at (703)

305–8510, fax at (703) 305–8525, or by

mail marked to his attention and

addressed to the Commissioner of

Patents and Trademarks, Washington,

DC 20231.

SUPPLEMENTARY INFORMATION: This

proposed rule change is designed to

adjust PTO fees in accordance with the

applicable provisions of title 35, United

States Code; and section 10101 of the

Omnibus Budget Reconciliation Act of

1990 (as amended by section 8001 of

Public Law 103–66), all as amended by

the Patent and Trademark Office

Authorization Act of 1991 (Public Law

102–204).

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 for all urban consumers (CPI–U)

over the previous 12 months.

Section 10101 of the Omnibus Budget

Reconciliation Act of 1990 (amended by

section 8001 of Public Law 103–66)

provides that there shall be a surcharge

on all fees established under 35 U.S.C.

41(a) and (b) to collect $115 million in

fiscal year 1997.

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, and for each black and

white copy of a patent.

Section 376 of title 35, United States

Code, authorizes the Commissioner 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

Commissioner under section 41 may

take effect thirty days after notice in the

Federal Register and the Official

Gazette of the Patent and Trademark

Office.

Recovery Level Determinations

This proposed rule adjusts patent fees

for a planned recovery of $716,723,000

in fiscal year 1997, as proposed in the

Administration’s budget request to the

Congress.

The patent statutory fees established

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

to be adjusted on October 1, 1996, to

reflect any fluctuations occurring during

the previous 12 months in the

Consumer Price Index for all urban

consumers (CPI–U). In calculating these

fluctuations, OMB has determined that

the PTO should use CPI–U data as

determined by the Secretary of Labor.

However, the Department of Labor does

not make public the CPI–U until

approximately 21 days after the end of

the month being calculated. Therefore,

the latest CPI–U information available is

for the month of February 1996. In

accordance with previous rulemaking

methodology, the PTO uses the

Administration’s projected CPI–U for

the 12-month period ending September

30, 1996, which is 3.1 percent. Based on

this projection, patent statutory fees are

proposed to be adjusted by 3.1 percent.

Before the final fee schedule is

published, the fees may be adjusted

slightly based on updated data available

from the Department of Labor.

Certain non-statutory patent

processing fees established under 35

U.S.C. 41(d) and PCT processing fees

established under 35 U.S.C. 376 are

proposed to be adjusted to recover their

estimated average costs in fiscal year

1996. Three patent service fees that are

set by statute will not be adjusted. The

three fees that are not being adjusted are

assignment recording fees, printed

patent copy fees and photocopy charge

fees.

The proposed fee amounts were

rounded by applying standard

arithmetic rules so that the amounts

rounded would be convenient to the

user. Fees of $100 or more were

rounded to the nearest $10. Fees

between $2 and $99 were rounded to an

even number so that any comparable

small entity fee would be a whole

number.