75251Federal Register / Vol. 78, No. 238 / Wednesday, December 11, 2013 / Rules and Regulations
an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(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 safety zones of limited size and duration. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule.
E. List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, and 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: 33 U.S.C. 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. ■ 2. Add temporary § 165–T11–609 to read as follows:
§ 165–T11–609 Safety zone; Google’s Night at Sea Fireworks Display, San Francisco Bay, Alameda, CA.
(a) Location. These temporary safety zones are established in the navigable waters of the San Francisco Bay near the breakwater in Alameda, CA as depicted in National Oceanic and Atmospheric Administration (NOAA) Chart 18650. From 12:01 p.m. until 10:15 p.m. on December 7, 2013, from 12:01 p.m. until 9:15 p.m. on December 14, 2013, and from 9:20 p.m. until 11:15 p.m. on December 14, 2013, the temporary safety zones apply to the nearest point of the fireworks barges within a radius of 100 feet during the loading, transit, and arrival of the fireworks barges from Pier 50 to the launch site near the breakwater in Alameda, CA in approximate position 37°46′07″ N, 122°19′10″ W (NAD83). From 10:15 p.m. until 10:45 p.m. on December 7, 2013, from 9:15 p.m. until 9:20 p.m. on December 14, 2013, and from 11:15 p.m. until 11:30 p.m. on December 14, 2013, the temporary safety zones will increase in size and encompass the navigable waters around and under the fireworks barges in approximate position 37°46′07″ N, 122°19′10″ W (NAD83) within a radius of 420 feet.
(b) Enforcement Period. The zones described in paragraph (a) of this section will be enforced from 12:01 p.m. through 10:45 p.m. on December 7, 2013 and from 12:01 p.m. through 11:30 p.m. on December 14, 2013. The Captain of the Port San Francisco (COTP) will notify the maritime community of periods during which these zones will be enforced via Broadcast Notice to Mariners in accordance with 33 CFR 165.7.
(c) Definitions. As used in this section, ‘‘designated representative’’ means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer on a Coast Guard vessel or a Federal, State, or local officer designated by or assisting the COTP in the enforcement of the safety zones.
(d) Regulations. (1) Under the general regulations in 33 CFR Part 165, Subpart C, entry into, transiting or anchoring
within these safety zones is prohibited unless authorized by the COTP or a designated representative.
(2) The safety zones are closed to all vessel traffic, except as may be permitted by the COTP or a designated representative.
(3) Vessel operators desiring to enter or operate within the safety zones must contact the COTP or a designated representative to obtain permission to do so. Vessel operators given permission to enter or operate in the safety zones must comply with all directions given to them by the COTP or a designated representative. Persons and vessels may request permission to enter the safety zones on VHF–23A or through the 24- hour Command Center at telephone (415) 399–3547.
Dated: November 26, 2013. Gregory G. Stump, Captain, U.S. Coast Guard, Captain of the Port San Francisco. [FR Doc. 2013–29369 Filed 12–10–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
37 CFR Part 1
[Docket No.: PTO–P–2013–0007]
RIN 0651–AC85
Changes To Implement the Patent Law Treaty; Correction
AGENCY: United States Patent and Trademark Office, Department of Commerce. ACTION: Final rule; correction.
SUMMARY: The United States Patent and Trademark Office (Office) published in the Federal Register on October 21, 2013, a final rule revising the rules of practice in patent cases for consistency with the changes in the Patent Law Treaty (PLT) and provisions of the Patent Law Treaties Implementation Act of 2012 (PLTIA) that implement the PLT (PLT Final Rule). The PLT Final Rule as published in the Federal Register inadvertently omits the small and micro entity fee amounts for certain petitions and contains a cross-reference to a section that has been removed. This document corrects the omission and removes the cross-reference in the PLT Final Rule as published in the Federal Register. DATES: Effective Date: December 18, 2013. FOR FURTHER INFORMATION CONTACT: Robert W. Bahr, Senior Patent Counsel,
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Office of Patent Examination Policy, at (571) 272–8090.
SUPPLEMENTARY INFORMATION: The United States Patent and Trademark Office (Office) published in the Federal Register on October 21, 2013, a final rule revising the rules of practice in patent cases for consistency with the changes in the Patent Law Treaty (PLT) and provisions of the Patent Law Treaties Implementation Act of 2012 (PLTIA) that implement the PLT. See Changes to Implement the Patent Law Treaty, 78 FR 62367 (Oct. 21, 2013). The PLT Final Rule as published in the Federal Register inadvertently omits the small and micro entity fee amounts for petitions referring to the petition fee set forth in 37 CFR 1.17(g). See Changes to Implement the Patent Law Treaty, 78 FR at 62395. The PLT Final Rule as published in the Federal Register also amends 37 CFR 1.197 to refer to 37 CFR 90.3 rather than former 37 CFR 1.304 for the time for appeal or for commencing a civil action. The judicial review provisions of 37 CFR 1.302 through 1.304 were replaced by 37 CFR part 90 in September of 2012, but 37 CFR 1.197(a) as published in the Federal Register inadvertently retains a cross- reference to 37 CFR 1.304. See Changes to Implement the Patent Law Treaty, 78 FR at 62382–83 and 62406. This document corrects 37 CFR 1.17 to include the small and micro entity fee amounts for petitions referring to the petition fee set forth in 37 CFR 1.17(g) and removes the cross-reference to former 37 CFR 1.304 from 37 CFR 1.197(a).
In rule FR Doc. 2013–24471, published on October 21, 2013 (78 FR 62367), make the following corrections:
§ 1.17 [Correction]
■ 1. On page 62395, second and third columns, revise amendatory instruction 9 and its amendatory text to read as follows:
■ 9. Section 1.17 is amended by revising paragraphs (f), (g), (m), and (p), adding new paragraph (o), and removing and reserving paragraphs (l) and (t) to read as follows:
§ 1.17 Patent application and reexamination processing fees.
* * * * * (f) For filing a petition under one of
the following sections which refers to this paragraph: By a micro entity (§ 1.29) ............ $100.00 By a small entity (§ 1.27(a)) ........ $200.00 By other than a small or micro
entity ......................................... $400.00
§ 1.36(a)—for revocation of a power of attorney by fewer than all of the applicants.
§ 1.53(e)—to accord a filing date. § 1.182—for decision on a question
not specifically provided for in an application for patent.
§ 1.183—to suspend the rules in an application for patent.
§ 1.741(b)—to accord a filing date to an application under § 1.740 for extension of a patent term.
(g) For filing a petition under one of the following sections which refers to this paragraph: By a micro entity (§ 1.29) ............ $50.00 By a small entity (§ 1.27(a)) ........ $100.00 By other than a small or micro
entity ......................................... $200.00
§ 1.12—for access to an assignment record.
§ 1.14—for access to an application. § 1.46—for filing an application on
behalf of an inventor by a person who otherwise shows sufficient proprietary interest in the matter.
§ 1.55(f)—for filing a belated certified copy of a foreign application.
§ 1.57(a)—for filing a belated certified copy of a foreign application.
§ 1.59—for expungement of information.
§ 1.103(a)—to suspend action in an application.
§ 1.136(b)—for review of a request for extension of time when the provisions of § 1.136(a) are not available.
§ 1.377—for review of decision refusing to accept and record payment of a maintenance fee filed prior to expiration of a patent.
§ 1.550(c)—for patent owner requests for extension of time in ex parte reexamination proceedings.
§ 1.956—for patent owner requests for extension of time in inter partes reexamination proceedings.
§ 5.12—for expedited handling of a foreign filing license.
§ 5.15—for changing the scope of a license.
§ 5.25—for retroactive license. * * * * *
(l) [Reserved] (m) For filing a petition for the revival
of an abandoned application for a patent, for the delayed payment of the fee for issuing each patent, for the delayed response by the patent owner in any reexamination proceeding, for the delayed payment of the fee for maintaining a patent in force, for the delayed submission of a priority or benefit claim, or for the extension of the twelve-month (six-month for designs) period for filing a subsequent application (§§ 1.55(c), 1.55(e), 1.78(b), 1.78(c), 1.78(e), 1.137, 1.378, and 1.452):
By a small entity (§ 1.27(a)) or micro entity (§ 1.29) ................. $850.00
By other than a small or micro entity ......................................... $1,700.00
* * * * * (o) For every ten items or fraction
thereof in a third-party submission under § 1.290: By a small entity (§ 1.27(a)) or
micro entity (§ 1.29) ................. $90.00 By other than a small entity ....... $180.00
(p) For an information disclosure statement under § 1.97(c) or (d): By a micro entity (§ 1.29) ............ $45.00 By a small entity (§ 1.27(a)) ........ $90.00 By other than a small or micro
entity ......................................... $180.00
* * * * * (t) [Reserved]
§ 1.197 [Correction]
■ 2. On page 62406, second and third columns, revise amendatory instruction 32 and its amendatory text to read as follows: ■ 32. Section 1.197 is revised to read as follows:
§ 1.197 Termination of proceedings. (a) Proceedings on an application are
considered terminated by the dismissal of an appeal or the failure to timely file an appeal to the court or a civil action except:
(1) Where claims stand allowed in an application; or
(2) Where the nature of the decision requires further action by the examiner.
(b) The date of termination of proceedings on an application is the date on which the appeal is dismissed or the date on which the time for appeal to the U.S. Court of Appeals for the Federal Circuit or review by civil action (§ 90.3 of this chapter) expires in the absence of further appeal or review. If an appeal to the U.S. Court of Appeals for the Federal Circuit or a civil action has been filed, proceedings on an application are considered terminated when the appeal or civil action is terminated. A civil action is terminated when the time to appeal the judgment expires. An appeal to the U.S. Court of Appeals for the Federal Circuit, whether from a decision of the Board or a judgment in a civil action, is terminated when the mandate is issued by the Court.
Dated: December 5, 2013. Margaret A. Focarino, Commissioner for Patents, Performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. 2013–29523 Filed 12–10–13; 8:45 am]
BILLING CODE 3510–16–P
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