80 FR 28559 - Safety Zone; Agat Marina, Agat, Guam
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 96 (May 19, 2015)
Coast Guard
Federal Register Volume 80, Issue 96 (May 19, 2015)
| Page Range | 28559-28561 | |
| FR Document | 2015-12121 |
[Federal Register Volume 80, Number 96 (Tuesday, May 19, 2015)] [Rules and Regulations] [Pages 28559-28561] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12121] [[Page 28559]] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2015-0300] RIN 1625-AA00 Safety Zone; Agat Marina, Agat, Guam AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard will establish a safety zone in the waters of Agat Marina, Guam, to be enforced daily during the repairs to the Agat marina channel markers from 7:30 a.m. through 6:00 p.m. from May 25, 2015 through June 8, 2015 while the construction barge is in the channel. The safety zone will encompass all waters within 25 yards of the construction barge in the Agat Marina Channel. This safety zone is necessary to protect the crew working the channel markers, and the mariners from the hazards of the repairs taking place at the Agat Marina. DATES: This rule is effective from 7:30 a.m. May 25, 2015 through 6:00 p.m., (local Kilo time) on August 8, 2015. This rule is enforced daily Monday through Saturday from 7:30 a.m. to 6:00 p.m. May 25, 2015 through June 8, 2015 (local Kilo time). ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG-2015-0300 and are available online by going to http://www.regulations.gov, inserting USCG-2015-0300 in the ``Keyword'' box, and then clicking ``Search.'' They are also available for inspection or copying at the Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary rule, call Chief Kristina Gauthier, U.S. Coast Guard Sector Guam at (671) 355-4866. If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations; telephone 202-366-9826, or 1-800- 647-5527. SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking COTP Captain of the Port PAG Port Authority Guam Regulatory Information The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ``impracticable, unnecessary, or contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because the official notification of Agat Marina Channel repairs, and the need for this safety zone, was not finalized 60 days prior to the start of the repairs. Publishing an NPRM and delaying the effective date would be contrary to the public interest since the event would occur before the rulemaking process was complete, thereby jeopardizing the safety of the people and property unknowingly transiting or remaining in the area. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for not publishing an NPRM prior to making this rule effective 30 days after publication in the Federal Register. The COTP finds this good cause to be the immediate need for a safety zone to allay the aforementioned safety concerns surrounding the construction work to be undertaken at Agat Marina. Basis and Purpose The legal basis for this rule is the Coast Guard's authority to establish limited access areas: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064; and Department of Homeland Security Delegation No. 0170.1. A safety zone is a water area, shore area, or water and shore area, for which access is limited to authorized person, vehicles, or vessels for safety or environmental purposes. The purpose of this rulemaking is to protect mariners from the potential hazards associated with the construction barge operating in a narrow channel. Discussion of Rule In order to protect the public from the hazards of the construction associated with the channel marker replacement, the Coast Guard is establishing a temporary safety zone, enforced daily Monday through Saturday, from 7:30 a.m. to 6:00 p.m. May 25, 2015 through June 8, 2015 (Kilo, Local Time). Enforcement dates may need to be changed or adjusted in the event that sea or weather conditions are not conducive to safe operations. In the event of a change in dates the new dates and times will be broadcast in a Broadcast Notice to Mariners and transmited via email to all port partners. The safety zone is located within the Guam COTP Zone (See 33 CFR 3.70-15), and will cover all waters of the Agat Marina Channel located at 13 degrees 28 minutes 54 seconds North and 144 degrees 47 minutes 30 seconds East (NAD 1983), from the surface of the water to the ocean floor within 25 yards of the construction barge KIWI 1. There will be a no wake zone while transiting the entire channel. The general regulations governing safety zones contained in 33 CFR 165.23 apply. Any Coast Guard commissioned, warrant or petty officer, and any COTP representative permitted by law, may enforce the zone. The COTP may waive any of the requirements of this rule for any person, vessel, or class of vessel upon finding that application of the safety zone is unnecessary or impractical for the purpose of maritime safety. Vessels or persons violating this rule are subject to the penalties set forth in 33 U.S.C. 1232. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, 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. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 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 [[Page 28560]] substantial number of small entities. This rule would affect the following entities, some which might be small entities: The owners or operators of vessels intending to transit the Agat Marina Channel daily from 07:30 a.m. May 25, 2015 through 6 p.m. June 8, 2015. Due to the nature of the work to be undertaken to ensure the proper demarkation of the Agat Marina Channel, the channel will be adversely affected during the anticipated 14 days of construction. The narrowing of the channel in the area around the construction barge will require additional safety precautions be taken by local mariners. The safety zone will not have significant economic impact on a substantial number small entities for the following reasons. The nature of the work and location of the barge may cause some delays in the entering and exiting of the channel by small boat operators berthed in the Agat Marina, however traffic will still be allowed to transit around the construction barge with no wake. Before the activation of the zone, maritime advisories will be widely available to users of the channel. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small entities in understanding the rule so that they can 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). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. 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 A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not affect 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 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 create an environmental risk to health or risk to safety that may disproportionately affect children. 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. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 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 concluded this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 2-1, paragraph (34)(g), of the Instruction. This rule involves is categorically excluded from further environmental documentation because it is a regulation establishing a safety zone. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and record- keeping requirements, Security measures, 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 0 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1226, 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. 0 2. Add Sec. 165.T14-300 to read as follows: Sec. 165.T14-300 Safety Zone; Agat Marina, Agat, Guam. (a) Location. The following area, within the Guam COTP Zone (See 33 CFR 3.70-15), from the surface of the water to the ocean floor, is a safety zone: 25 yards around the construction barge KIWI 1 in the waters of Agat Marina, Guam located at 13 degrees 28 minutes 54 seconds North and 144 degrees 47 minutes 30 seconds East (NAD 1983). There is a no wake zone established for the entire length of the Agat Channel. (b) Effective Dates. This rule is effective from 7:30 a.m. May 25, 2015 through 6:00 p.m. on August 8, 2015 (Kilo, Local Time) while the construction barge KIWI 1 is in the channel. [[Page 28561]] (c) Regulations. The general regulations governing safety zones contained in 33 CFR 165.23 apply. Entry into, transit through or anchoring within this zone is prohibited unless authorized by the COTP or a designated representative thereof. Authorization can be requested from PAG Harbor Master via phone at (671) 477-5931 ext 533. (d) Enforcement. This rule is enforced daily Monday through Saturday from 7:30 a.m. to 6:00 p.m. May 25, 2015 through June 8, 2015 (Kilo, Local Time) while the construction barge KIWI 1 is in the channel. Any Coast Guard commissioned, warrant, or petty officer, and any other COTP representative permitted by law, may enforce this temporary safety zone. (e) Waiver. The COTP may waive any of the requirements of this rule for any person, vessel, or class of vessel upon finding that application of the safety zone is unnecessary or impractical for the purpose of maritime security. (f) Penalties. Vessels or persons violating this rule are subject to the penalties set forth in 33 U.S.C. 1232. Dated: April 30, 2015. James B. Pruett, Captain, U.S. Coast Guard, Captain of the Port Guam. [FR Doc. 2015-12121 Filed 5-18-15; 8:45 am] BILLING CODE P
![Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Rules and Regulations 28559
DEPARTMENT OF HOMELAND Regulatory Information Enforcement dates may need to be
SECURITY The Coast Guard is issuing this changed or adjusted in the event that
temporary final rule without prior sea or weather conditions are not
Coast Guard conducive to safe operations. In the
notice and opportunity to comment
pursuant to authority under section 4(a) event of a change in dates the new dates
33 CFR Part 165 and times will be broadcast in a
of the Administrative Procedure Act
Broadcast Notice to Mariners and
[Docket No. USCG–2015–0300] (APA) (5 U.S.C. 553(b)). This provision
transmited via email to all port partners.
RIN 1625–AA00 authorizes an agency to issue a rule
The safety zone is located within the
without prior notice and opportunity to
Guam COTP Zone (See 33 CFR 3.70–15),
Safety Zone; Agat Marina, Agat, Guam comment when the agency for good
and will cover all waters of the Agat
cause finds that those procedures are
AGENCY: Coast Guard, DHS. Marina Channel located at 13 degrees 28
‘‘impracticable, unnecessary, or contrary
ACTION: Temporary final rule. minutes 54 seconds North and 144
to the public interest.’’ Under 5 U.S.C.
degrees 47 minutes 30 seconds East
553(b)(B), the Coast Guard finds that
SUMMARY: The Coast Guard will (NAD 1983), from the surface of the
good cause exists for not publishing a
establish a safety zone in the waters of water to the ocean floor within 25 yards
notice of proposed rulemaking (NPRM)
Agat Marina, Guam, to be enforced daily of the construction barge KIWI 1. There
with respect to this rule because the
during the repairs to the Agat marina will be a no wake zone while transiting
official notification of Agat Marina
channel markers from 7:30 a.m. through the entire channel. The general
Channel repairs, and the need for this
6:00 p.m. from May 25, 2015 through regulations governing safety zones
safety zone, was not finalized 60 days
June 8, 2015 while the construction contained in 33 CFR 165.23 apply. Any
prior to the start of the repairs.
barge is in the channel. The safety zone Coast Guard commissioned, warrant or
Publishing an NPRM and delaying the
will encompass all waters within 25 petty officer, and any COTP
effective date would be contrary to the
yards of the construction barge in the representative permitted by law, may
public interest since the event would
Agat Marina Channel. This safety zone enforce the zone. The COTP may waive
occur before the rulemaking process was
is necessary to protect the crew working any of the requirements of this rule for
complete, thereby jeopardizing the
the channel markers, and the mariners any person, vessel, or class of vessel
safety of the people and property
from the hazards of the repairs taking upon finding that application of the
unknowingly transiting or remaining in
place at the Agat Marina. safety zone is unnecessary or
the area.
DATES: This rule is effective from 7:30 impractical for the purpose of maritime
Under 5 U.S.C. 553(d)(3), the Coast
a.m. May 25, 2015 through 6:00 p.m., safety. Vessels or persons violating this
Guard finds that good cause exists for
(local Kilo time) on August 8, 2015. This rule are subject to the penalties set forth
not publishing an NPRM prior to
rule is enforced daily Monday through in 33 U.S.C. 1232.
making this rule effective 30 days after
Saturday from 7:30 a.m. to 6:00 p.m. publication in the Federal Register. The Regulatory Analyses
May 25, 2015 through June 8, 2015 COTP finds this good cause to be the We developed this rule after
(local Kilo time). immediate need for a safety zone to considering numerous statutes and
ADDRESSES: Documents indicated in this allay the aforementioned safety executive orders related to rulemaking.
preamble as being available in the concerns surrounding the construction Below we summarize our analyses
docket are part of docket USCG–2015– work to be undertaken at Agat Marina. based on 13 of these statutes or
0300 and are available online by going executive orders.
Basis and Purpose
to http://www.regulations.gov, inserting
USCG–2015–0300 in the ‘‘Keyword’’ The legal basis for this rule is the Regulatory Planning and Review
box, and then clicking ‘‘Search.’’ They Coast Guard’s authority to establish This rule is not a significant
are also available for inspection or limited access areas: 33 U.S.C. 1231; 46 regulatory action under section 3(f) of
copying at the Docket Management U.S.C. Chapter 701, 3306, 3703; 50 Executive Order 12866, Regulatory
Facility (M–30), U.S. Department of U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–6, Planning and Review, and does not
Transportation, West Building Ground 160.5; Public Law 107–295, 116 Stat. require an assessment of potential costs
Floor, Room W12–140, 1200 New Jersey 2064; and Department of Homeland and benefits under section 6(a)(3) of that
Avenue SE., Washington, DC 20590, Security Delegation No. 0170.1. Order. The Office of Management and
between 9 a.m. and 5 p.m., Monday A safety zone is a water area, shore Budget has not reviewed it under that
through Friday, except Federal holidays. area, or water and shore area, for which Order.
FOR FURTHER INFORMATION CONTACT: If access is limited to authorized person,
vehicles, or vessels for safety or Small Entities
you have questions on this temporary
rule, call Chief Kristina Gauthier, U.S. environmental purposes. The purpose of Under the Regulatory Flexibility Act
Coast Guard Sector Guam at (671) 355– this rulemaking is to protect mariners (5 U.S.C. 601–612), we have considered
4866. from the potential hazards associated whether this rule would have a
If you have questions on viewing the with the construction barge operating in significant economic impact on a
docket, call Cheryl Collins, Program a narrow channel. substantial number of small entities.
Manager, Docket Operations; telephone The term ‘‘small entities’’ comprises
Discussion of Rule
202–366–9826, or 1–800–647–5527. small businesses, not-for-profit
In order to protect the public from the organizations that are independently
SUPPLEMENTARY INFORMATION:
hazards of the construction associated owned and operated and are not
tkelley on DSK3SPTVN1PROD with RULES
Table of Acronyms with the channel marker replacement, dominant in their fields, and
DHS Department of Homeland Security
the Coast Guard is establishing a governmental jurisdictions with
FR Federal Register temporary safety zone, enforced daily populations of less than 50,000.
NPRM Notice of Proposed Rulemaking Monday through Saturday, from 7:30 The Coast Guard certifies under 5
COTP Captain of the Port a.m. to 6:00 p.m. May 25, 2015 through U.S.C. 605(b) that this rule will not have
PAG Port Authority Guam June 8, 2015 (Kilo, Local Time). a significant economic impact on a
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![Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Rules and Regulations 28561
(c) Regulations. The general FOR FURTHER INFORMATION CONTACT: reviews, the final rules clarify,
regulations governing safety zones Susan L. C. Mitchell, Lead consistent with the AIA, that such
contained in 33 CFR 165.23 apply. Entry Administrative Patent Judge by reviews may be extended in the case of
into, transit through or anchoring within telephone at (571) 272–9797. joinder and that no petition for a
this zone is prohibited unless SUPPLEMENTARY INFORMATION: Executive covered business method patent review
authorized by the COTP or a designated Summary: Purpose: This final rule may be filed if the petitioner or real
representative thereof. Authorization increases the page limitations for party-in-interest filed a civil action
can be requested from PAG Harbor briefing for Patent Owner’s motion to challenging the validity of a claim of the
Master via phone at (671) 477–5931 ext amend and for Petitioner’s reply brief in covered business method patent.
533. response to comments from the public. Costs and Benefits: This rulemaking is
(d) Enforcement. This rule is enforced This final rule also addresses clarifying not economically significant, and is not
daily Monday through Saturday from changes to the rules so that they significant, under Executive Order
7:30 a.m. to 6:00 p.m. May 25, 2015 conform to Office practice in conducting 12866 (Sept. 30, 1993), as amended by
through June 8, 2015 (Kilo, Local Time) AIA proceedings. Executive Order 13258 (Feb. 26, 2002)
while the construction barge KIWI 1 is Summary of Major Provisions: In an and Executive Order 13422 (Jan. 18,
in the channel. Any Coast Guard effort to gauge the effectiveness of the 2007).
commissioned, warrant, or petty officer, rules governing AIA trials, the Office Background
and any other COTP representative conducted a nationwide listening tour
permitted by law, may enforce this in April and May of 2014, and in June Development of the Final Rule
temporary safety zone. 2014, published a Federal Register On September 16, 2011, the AIA was
(e) Waiver. The COTP may waive any Notice asking for public feedback about enacted into law (Pub. L. 112–29, 125
of the requirements of this rule for any the AIA trial proceedings. The Office Stat. 284 (2011)), and shortly thereafter
person, vessel, or class of vessel upon has carefully reviewed the comments in 2012, the Office implemented rules to
finding that application of the safety and, in response to public input, will govern Office trial practice for AIA
zone is unnecessary or impractical for issue two rules packages; a first, final proceedings, including inter partes
the purpose of maritime security. rule package with more ministerial review, post-grant review, the
(f) Penalties. Vessels or persons changes to the rules, and a second, transitional program for covered
violating this rule are subject to the proposed rule package that will issue business method patents, and derivation
penalties set forth in 33 U.S.C. 1232. later to address more involved changes proceedings pursuant to 35 U.S.C. 135,
Dated: April 30, 2015. to the rules and the Office Patent Trial 316 and 326 and AIA 18(d)(2). See Rules
James B. Pruett, Practice Guide. The Office presents the of Practice for Trials Before the Patent
Captain, U.S. Coast Guard, Captain of the following final rules to address issues Trial and Appeal Board and Judicial
Port Guam. concerning Patent Owner’s motion to Review of Patent Trial and Appeal
[FR Doc. 2015–12121 Filed 5–18–15; 8:45 am] amend and Petitioner’s reply brief that Board Decisions, 77 FR 48,612 (Aug. 14,
BILLING CODE P
involve ministerial changes, and will 2012); Changes to Implement Inter
address public comments relating to Partes Review Proceedings, Post-Grant
those specific issues only, in this first, Review Proceedings, and Transitional
final rule package. For instance, the Program for Covered Business Method
DEPARTMENT OF COMMERCE following final rules provide ten Patents, 77 FR 48,680 (Aug. 14, 2012);
Patent and Trademark Office additional pages for a Patent Owner Transitional Program for Covered
motion to amend, allow a claims Business Method Patents—Definitions
37 CFR Part 42 appendix for a motion to amend, and of Covered Business Method Patent and
provide ten additional pages for Technological Invention, 77 FR 48,734
[Docket No. PTO–P–2015–0032] Petitioner’s reply brief. (Aug. 14, 2014). Additionally, the Office
These final rules also provide changes published a Patent Trial Practice Guide
RIN 0651–AD00
to conform the rules to the Office’s for the rules to advise the public on the
Amendments to the Rules of Practice established practices in handling AIA general framework of the regulations,
for Trials Before the Patent Trial and proceedings. For instance, the final including the structure and times for
Appeal Board rules require a specific font to ensure taking action in each of the new
readability of briefs, clarify that more proceedings. See Office Patent Trial
AGENCY: Patent Trial and Appeal Board, than one back-up counsel can be named, Practice Guide, 77 FR 48,756 (Aug. 14,
United States Patent and Trademark and clarify how to count challenged 2012).
Office, U.S. Department of Commerce. claims to calculate fees. The final rules In an effort to gauge the effectiveness
ACTION: Final rule. also clarify that providing a statement of of the rules governing AIA trials, the
material fact by a party is optional and Office conducted a nationwide listening
SUMMARY: This final rule amends the that routine discovery contemplates tour in April and May of 2014. During
existing consolidated set of rules only cross-examination of affidavit the listening tour, the Office focused
relating to the United States Patent and testimony prepared for the proceeding. particularly on transparency and public
Trademark Office (Office or USPTO) The final rules further provide that involvement in making trial proceedings
trial practice for inter partes review, uncompelled direct testimony must be more effective going forward by
post-grant review, the transitional in the form of an affidavit, not a adjusting the rules and guidance where
program for covered business method deposition; that motions in limine are necessary. As a result, in June of 2014,
tkelley on DSK3SPTVN1PROD with RULES
patents, and derivation proceedings that not used in AIA practice; that objections the Office published a Request for
implemented provisions of the Leahy- to evidence should be made part of the Comments in the Federal Register and,
Smith America Invents Act (‘‘AIA’’) record by filing them; and that only a at stakeholder request, extended the
providing for trials before the Office. single request for rehearing may be filed period for receiving comments to
DATES: Effective Date: This rule is as of right. Finally, with regard to October 16, 2014. See Request for
effective May 19, 2015. covered business method patent Comments on Trial Proceedings Under
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Document Created: 2015-12-15 15:29:58
Document Modified: 2015-12-15 15:29:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This rule is effective from 7:30 a.m. May 25, 2015 through 6:00 p.m., (local Kilo time) on August 8, 2015. This rule is enforced daily Monday through Saturday from 7:30 a.m. to 6:00 p.m. May 25, 2015 through June 8, 2015 (local Kilo time). | |
| Contact | If you have questions on this temporary rule, call Chief Kristina Gauthier, U.S. Coast Guard Sector Guam at (671) 355-4866. | |
| FR Citation | 80 FR 28559 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Record-Keeping Requirements; Security Measures and Waterways |
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