80 FR 67677 - Drawbridge Operation Regulation; New River, Fort Lauderdale, FL
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 212 (November 3, 2015)
Coast Guard
Federal Register Volume 80, Issue 212 (November 3, 2015)
| Page Range | 67677-67680 | |
| FR Document | 2015-27999 |
[Federal Register Volume 80, Number 212 (Tuesday, November 3, 2015)] [Proposed Rules] [Pages 67677-67680] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-27999] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2015-0271] Drawbridge Operation Regulation; New River, Fort Lauderdale, FL AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to change the operating schedule that governs the Florida East Coast Railway (FEC) Railroad Bridge across the New River, mile 2.5, at Fort Lauderdale, FL. This proposed rule implements requirements for the operator designed to ensure that adequate notice of bridge closure times are available to the waterway traffic. It also changes the on demand schedule to an operating regulation requiring the bridge to be open at least 60 minutes in every 2 hour period. Modifying the bridge operating schedule will allow the bridge owner to operate the bridge remotely with assistance from the onsite bridge tender. DATES: Comments and related material must reach the Coast Guard on or before December 3, 2015. ADDRESSES: You may submit comments identified by docket number USCG- 2015-0271 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call or email Mr. Rod Elkins with the Coast Guard; telephone 305- 415-6989, email [email protected]. SUPPLEMENTARY INFORMATION: Table of Acronyms CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking Sec. Section Symbol U.S.C. United States Code FEC Florida East Coast Railway A. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. Documents mentioned in this notice, and all public comments, are in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). B. Regulatory History and Information From May 18 through October 16, 2015, a test deviation was in effect for the FEC Railroad Bridge (80 FR 28184). The comment period ended on 17 August 2015. There were eight comments received from the test deviation. Of these comments, three comments expressed opposition to a [[Page 67678]] future rail project, which we would like to emphasize, is not the focus of this proposed regulation. One comment opposed the proposed modification and recommended a schedule of four 15 minute openings every two hours. Based on input from the bridge owner and input gathered at Coast Guard public meetings, the Coast Guard determined that this is not a viable option because trains would have considerable difficulty coordinating passage across the bridge with this schedule. Additionally, it would not benefit waterway users, because the proposed regulation provides for the same minimum opening times in a two hour period, and it is more flexible because the bridge will remain open when trains are not crossing. The remaining four comments supported the proposed modification, but recommended minimum time limits to bridge openings. A temporary deviation was conducted and waterway users were satisfied with the operating schedule implemented, but requested a minimum time limit of 15 minutes for each opening. We refrained from specifying such limits because these limits would require the bridge to remain open for 15 minutes or more when less time may be adequate for vessel traffic to pass. For example, if the bridge was closed for a train crossing and another train was crossing five minutes later, the bridge would remain closed until the later train passed. Establishing a minimum amount of time for the bridge to remain open could unduly restrict the tender from conducting a short duration opening to allow a vessel through. The Coast Guard anticipates the proposed regulation will meet or exceed the recommended minimum time limits while allowing for more flexibility to accommodate vessel traffic. One of the eight comments requested a public meeting. A public meeting was held on 12 November 2014, and the proposed schedule modification was developed from the input received from the public meeting. C. Basis and Purpose Presently, in accordance with 33 CFR 117.5, the FEC Railroad Bridge is required to open on signal for the passage of vessels. Prior to implementing a test deviation on May 18, 2015, the Bridge operated without a tender or monitor. An automated system closed the Bridge when a train approached and reopened the Bridge when a train cleared. The Coast Guard received multiple complaints from mariners because there was no means of obtaining notice of bridge closure times or potential closure duration. The proposed schedule, discussed further below, balances the reasonable needs of waterway traffic on the New River with train traffic moving through condensed population areas such as Ft. Lauderdale where train schedules at the crossings cannot be precisely timed because of delays caused by train car loading and vehicular traffic crossing the track. Also, train bridges must be in the down position well in advance of the train's arrival to ensure that it can safely navigate the bridge or stop if there are problems with the bridge. The purpose of this proposed regulation is to improve navigation on the New River through increased communications and closure time limits. The FEC Railroad Bridge across the New River, mile 2.5, at Fort Lauderdale, FL is a single leaf bascule bridge. It has a vertical clearance of 4 feet at mean high water in the closed position and horizontal clearance of 60 feet. Traffic on the waterway includes both commercial and recreational vessels. D. Discussion of Proposed Rule This proposed rule is for the draw of the FEC Railroad Bridge across the New River, mile 2.5, at Fort Lauderdale, FL, to operate as follows: (a) The bridge shall be tended constantly. (b) The bridge tender will utilize a VHF-FM radio to communicate on channels 9 and 16 and may be contacted by telephone at 305-889-5572. (c) Signs will be posted displaying VHF radio contact information and telephone numbers for the bridge tender and dispatch. A countdown clock giving notice of the time remaining before bridge closure shall be posted at the bridge site and visible for maritime traffic. (d) A bridge log will be maintained including, at a minimum, bridge opening and closing times. (e) When the draw is in the fully open position, green lights will be displayed to indicate that vessels may pass. (f) When a train approaches, the lights flash red and a horn starts four blasts, pauses, and then continues four blasts, then the draw lowers and locks. (g) After the train has cleared the bridge, the draw opens and the lights turn to green. (h) The bridge shall not be closed more than 60 minutes combined for any 120 minute time period beginning at 12:01 a.m. each day. (i) The bridge shall remain open to maritime traffic when trains are not crossing. E. Regulatory Analyses We developed this proposed rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes or executive orders. 1. Regulatory Planning and Review This proposed rule is not a ``significant regulatory action'' under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. This regulatory action is not a significant regulatory action because it will still allow vessels to pass through the bridge at more consistant intervals while taking into account the reasonable needs of other modes of transportation. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. 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. This proposed rule would affect the following entities, some of which might be small entities: the owners or operators of vessels needing to transit the bridge may experience delays when the bridge is closed to allow train crossings. Vessels will still be allowed to transit this waterway but at more consistent and shorter intervals. This change in operating schedule will still meet the reasonable needs of navigation while taking into account other modes of transportation. 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. [[Page 67679]] 3. 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. 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 person listed in the FOR FURTHER INFORMATION CONTACT, above. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. 4. 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.). 5. Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under that Order and have determined that it does not have implications for federalism. 6. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. 7. 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 (adjusted for inflation) or more in any one year. Though this proposed rule will not result in such an expenditure, we do discuss the effects of this proposed rule elsewhere in this preamble. 8. Taking of Private Property This proposed rule would not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. 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. 10. 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 would not create an environmental risk to health or risk to safety that might disproportionately affect children. 11. Indian Tribal Governments This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This proposed rule simply promulgates the operating regulations or procedures for drawbridges. This rule is categorically excluded, under figure 2-1, paragraph (32)(e), of the Instruction. Under figure 2-1, paragraph (32)(e), of the Instruction, an environmental analysis checklist and a categorical exclusion determination are not required for this rule. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 117 as follows: PART 117--DRAWBRIDGE OPERATION REGULATIONS 0 1. The authority citation for part 117 continues to read as follows: Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland Security Delegation No. 0170.1. 0 2. In Sec. 117.313, revise paragraphs (c), (d) and (e) to read as follows: * * * * * (c) The following requirements apply to the Florida East Coast Railway Railroad Bridge across the New River, mile 2.5, at Fort Lauderdale, FL: 1. The bridge shall be constantly tended. 2. The bridge tender will utilize a VHF-FM radio to communicate on channels 9 and 16 and may be contacted by telephone at 305-889-5572. 3. Signs will be posted displaying VHF radio contact information and telephone numbers for the bridge tender and dispatch. A countdown clock giving notice of time remaining before bridge closure shall remain at the bridge site and must be visible for maritime traffic. 4. A bridge log will be maintained including, at a minimum, bridge opening and closing times. 5. When the draw is in the fully open position, green lights will be displayed to indicate that vessels may pass. 6. When a train approaches, the lights go to flashing red and a horn starts four blasts, pauses, and then continues four blasts then the draw lowers and locks. 7. After the train has cleared the bridge, the draw opens and the lights return to green. 8. The bridge shall not be closed more than 60 minutes combined for any 120 minute time period beginning at 12:01 a.m. each day. 9. The bridge shall remain open to maritime traffic when trains are not crossing. (d) Reserved (e) The draw of the Marshal (Seventh Avenue) bridge, mile 2.7 at Fort Lauderdale shall open on signal; except [[Page 67680]] that, from 7:30 a.m. to 9 a.m. and 4:30 p.m. to 6 p.m., Monday through Friday, except Federal holidays, the draw need not open. Public vessels of the United States, tugs with tows, and vessels in distress shall be passed at any time. Dated: October 22, 2015. S.A. Buschman, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. 2015-27999 Filed 11-2-15; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Proposed Rules 67677
disposal, Water pollution control, Water (c) The requirements of paragraphs (a) FOR FURTHER INFORMATION CONTACT: If
resources, Water supply, Watersheds, and (b) of this section do not apply to— you have questions on this proposed
Women. (1) Grants that provide funding for rule, call or email Mr. Rod Elkins with
Dated: October 28, 2015. general operating expenses; the Coast Guard; telephone 305–415–
Arne Duncan,
(2) Grants that provide support to 6989, email Rodney.J.Elkins@uscg.mil.
individuals (e.g., scholarships, SUPPLEMENTARY INFORMATION:
Secretary of Education.
fellowships); or
For the reasons discussed in the (3) Peer-reviewed research Table of Acronyms
preamble, the Secretary proposes to publications that arise from scientific CFR Code of Federal Regulations
amend part 3474 of title 2 of the Code research funded, either fully or DHS Department of Homeland Security
of Federal Regulations as follows: partially, from grants awarded by the FR Federal Register
Institute of Education Sciences that are NPRM Notice of Proposed Rulemaking
PART 3474—UNIFORM already covered by the Institute’s public § Section Symbol
ADMINISTRATIVE REQUIREMENTS, access policy found at http://ies.ed.gov/ U.S.C. United States Code
COST PRINCIPLES, AND AUDIT funding/researchaccess.asp. FEC Florida East Coast Railway
REQUIREMENTS FOR FEDERAL (d) The Department reserves a royalty-
AWARDS. free, nonexclusive and irrevocable right A. Public Participation and Request for
to reproduce, publish, or otherwise use Comments
■ 1. The authority citation for part 3474 the work for Federal purposes, and to We view public participation as
continues to read as follows: authorize others to do so. essential to effective rulemaking, and
Authority: 20 U.S.C. 1221e–3, 3474, and [FR Doc. 2015–27930 Filed 10–29–15; 11:15 am] will consider all comments and material
2 CFR part 200, unless otherwise noted. received during the comment period.
BILLING CODE 4000–01–P
Your comment can help shape the
§ 3474.1 [Amended]
outcome of this rulemaking. If you
■ 2. Section 3474.1(a) is amended by submit a comment, please include the
removing ‘‘2 CFR 200.102(a) and 2 CFR DEPARTMENT OF HOMELAND docket number for this rulemaking,
200.207(a)’’ and adding, in its place, ‘‘2 SECURITY indicate the specific section of this
CFR 200.102(a), 200.207(a), and document to which each comment
200.315(b)’’. Coast Guard
applies, and provide a reason for each
■ 3. Add § 3474.20 to read as follows: suggestion or recommendation.
33 CFR Part 117
We encourage you to submit
§ 3474.20 Open licensing requirement for
direct competitive grant programs.
[Docket No. USCG–2015–0271] comments through the Federal
eRulemaking Portal at http://
For direct competitive grants awarded Drawbridge Operation Regulation; New www.regulations.gov. If your material
after [EFFECTIVE DATE OF THE FINAL River, Fort Lauderdale, FL cannot be submitted using http://
REGULATIONS]: www.regulations.gov, contact the person
(a) A grantee that is awarded direct AGENCY: Coast Guard, DHS.
in the FOR FURTHER INFORMATION
competitive grant funds must openly ACTION: Notice of proposed rulemaking. CONTACT section of this document for
license to the public new copyrightable alternate instructions. Documents
materials created in whole, or in part, SUMMARY: The Coast Guard proposes to
change the operating schedule that mentioned in this notice, and all public
with Department grant funds and comments, are in our online docket at
copyrightable modifications made to governs the Florida East Coast Railway
(FEC) Railroad Bridge across the New http://www.regulations.gov and can be
pre-existing content using Department viewed by following that Web site’s
grant funds, except as provided in River, mile 2.5, at Fort Lauderdale, FL.
This proposed rule implements instructions. Additionally, if you go to
paragraph (c) of this section. The license the online docket and sign up for email
must be worldwide, non-exclusive, requirements for the operator designed
to ensure that adequate notice of bridge alerts, you will be notified when
royalty-free, perpetual, and irrevocable, comments are posted or a final rule is
and must grant the public permission to closure times are available to the
waterway traffic. It also changes the on published.
access, reproduce, publicly perform, We accept anonymous comments. All
publicly display, adapt, distribute, and demand schedule to an operating
regulation requiring the bridge to be comments received will be posted
otherwise use, for any purposes, without change to http://
copyrightable intellectual property open at least 60 minutes in every 2 hour
period. Modifying the bridge operating www.regulations.gov and will include
created with direct competitive grant any personal information you have
funds, provided that the licensee gives schedule will allow the bridge owner to
operate the bridge remotely with provided. For more about privacy and
attribution to the designated authors of the docket, you may review a Privacy
the intellectual property. The licensee assistance from the onsite bridge tender.
Act notice regarding the Federal Docket
must also include the statement of DATES: Comments and related material
Management System in the March 24,
attribution and disclaimer in 34 CFR must reach the Coast Guard on or before 2005, issue of the Federal Register (70
75.620(b). December 3, 2015. FR 15086).
(b) Except as provided in paragraph ADDRESSES: You may submit comments
(c) of this section, a grantee that is identified by docket number USCG– B. Regulatory History and Information
mstockstill on DSK4VPTVN1PROD with PROPOSALS
awarded direct competitive grant funds 2015–0271 using the Federal From May 18 through October 16,
must openly license all computer eRulemaking Portal at http:// 2015, a test deviation was in effect for
software source code developed or www.regulations.gov. See the ‘‘Public the FEC Railroad Bridge (80 FR 28184).
created with these grant funds under an Participation and Request for The comment period ended on 17
intellectual property license that allows Comments’’ portion of the August 2015. There were eight
the public to freely use and build upon SUPPLEMENTARY INFORMATION section for comments received from the test
computer source code created or further instructions on submitting deviation. Of these comments, three
developed with these grant funds. comments. comments expressed opposition to a
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![67680 Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Proposed Rules
that, from 7:30 a.m. to 9 a.m. and 4:30 DATES: Written comments on the some period and had gained experience
p.m. to 6 p.m., Monday through Friday, proposed rule published August 20, with the new administrative trial
except Federal holidays, the draw need 2015 (80 FR 50720) must be received on proceedings. The USPTO began the
not open. Public vessels of the United or before November 18, 2015. process of revisiting the AIA
States, tugs with tows, and vessels in ADDRESSES: Comments must be sent by administrative trial proceeding rules
distress shall be passed at any time. electronic mail message over the and trial practice guide by engaging in
Dated: October 22, 2015. Internet addressed to: Trialrules2015@ a nation-wide listening tour. The
S.A. Buschman, uspto.gov. USPTO conducted a series of
Electronic comments submitted in roundtables in April and May of 2014,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District. plain text are preferred, but also may be held in Alexandria, New York City,
submitted in ADOBE® portable Chicago, Detroit, Silicon Valley, Seattle,
[FR Doc. 2015–27999 Filed 11–2–15; 8:45 am]
document format or MICROSOFT Dallas, and Denver, to share information
BILLING CODE 9110–04–P
WORD® format. Comments not concerning the AIA administrative trial
submitted electronically should be
proceedings with the public and obtain
submitted on paper in a format that
DEPARTMENT OF COMMERCE public feedback on these proceedings.
facilitates convenient digital scanning
into ADOBE® portable document The USPTO also published a request for
Patent and Trademark Office format. The comments will be available comments in the Federal Register on
for viewing via the USPTO’s Internet June 27, 2014, seeking public comment
37 CFR Part 42 Web site (http://www.uspto.gov). on all aspects of the new administrative
Because comments will be made trial proceedings, including the
[Docket No.: PTO–P–2015–0053]
available for public inspection, administrative trial proceeding rules
RIN 0651–AD01 information that the submitter does not and trial practice guide. See Request for
desire to make public, such as an Comments on Trial Proceedings Under
Proposed Amendments to the Rules of address or phone number, should not be the America Invents Act Before the
Practice for Trials Before the Patent included in the comments. Patent Trial and Appeal Board, 79 FR
Trial and Appeal Board; Reopening of 36474–77 (June 27, 2014). In response to
FOR FURTHER INFORMATION CONTACT:
Period for Comments comments received, the USPTO issued
Susan L. C. Mitchell, Lead
AGENCY: United States Patent and Administrative Patent Judge by two rule packages: (1) A first, final rule
Trademark Office, Commerce. telephone at (571) 272–9797. package that addressed issues
ACTION: Notice of proposed rulemaking; SUPPLEMENTARY INFORMATION: Sections concerning the patent owner’s motion to
reopening of comment period. 3, 6, and 18 of the AIA provided for the amend and the petitioner’s reply brief
following new Board administrative that involved ministerial changes, see
SUMMARY: The Leahy-Smith America trial proceedings: (1) Inter partes Amendments to the Rules of Practice for
Invents Act (AIA) provided for new review; (2) post-grant review; (3) Trial Before the Patent Trial and Appeal
administrative trial proceedings before covered business method patents Board, 80 FR 28561–66 (May 19, 2015),
the Patent Trial and Appeal Board review; and (4) derivation proceedings. and (2) a second, proposed rule that
(Board). The United States Patent and Public Law 112–29, 125 Stat. 284 addresses more involved proposed
Trademark Office (USPTO) issued a (2011). The USPTO issued a number of changes to the rules concerning the
number of final rules and a trial practice final rules and a trial practice guide in claim construction standard for AIA
guide in August and September of 2012 August and September of 2012 to trials, new testimonial evidence
to implement the new administrative implement the new administrative trial submitted with a patent owner’s
trial provisions of the AIA. The USPTO provisions of the AIA. See Rules of preliminary response, Rule 11-type
published a request for comments in the Practice for Trials Before the Patent certification, and word count for major
Federal Register on June 27, 2014, Trial and Appeal Board and Judicial
briefing, see Amendments to the Rules
seeking public comment on all aspects Review of Patent Trial and Appeal
of the new administrative trial of Practice for Trials Before the Patent
Board Decisions, 77 FR 48612 (Aug. 14,
proceedings, including the Trial and Appeal Board, 80 FR 50720–
2012) (final rule); Changes to Implement
administrative trial proceeding rules Inter Partes Review Proceedings, Post- 47 (Aug. 20, 2015). The notice of
and trial practice guide. In response to Grant Review Proceedings, and proposed rulemaking for the second,
comments received by the public, the Transitional Program for Covered proposed rule indicated that written
USPTO issued a first, final rule, which Business Method Patents, 77 FR 48680 comments must be received on or before
was published on May 19, 2015. That (Aug. 14, 2012) (final rule); Transitional October 19, 2015. See id at 50720. In
final rule addressed issues concerning Program for Covered Business Method view of stakeholder requests for
the patent owner’s motion to amend and Patents—Definitions of Covered additional time to submit comments on
the petitioner’s reply brief that involved Business Method Patent and the new administrative trial
ministerial changes. The USPTO issued Technological Invention, 77 FR 48734 proceedings, the USPTO is now
a second, proposed rule that addresses (Aug. 14, 2012) (final rule); Changes to extending the period for public
more involved proposed changes to the Implement Derivation Proceedings, 77 comment until November 18, 2015.
rules concerning the claim construction FR 56068 (Sept. 11, 2012) (final rule);
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Dated: October 26, 2015.
standard for AIA trials, new testimonial and Office Patent Trial Practice Guide,
evidence submitted with a patent Michelle K. Lee,
77 FR 48756 (Aug. 14, 2012).
owner’s preliminary response, Rule 11- In issuing the administrative trial Under Secretaray of Commerce for
type certification, and word count for proceeding rules and trial practice Intellectual Property and Director of the
major briefing. The USPTO is now guide, the USPTO committed to United States Patent and Trademark Office.
extending the period for public revisiting the rules and practice guide [FR Doc. 2015–28108 Filed 11–2–15; 8:45 am]
comment on the second, proposed rule once the Board and public had operated BILLING CODE 3510–16–M
until November 18, 2015. under the rules and practice guide for
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Document Created: 2018-03-01 11:32:07
Document Modified: 2018-03-01 11:32:07
| 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 | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must reach the Coast Guard on or before December 3, 2015. | |
| Contact | If you have questions on this proposed rule, call or email Mr. Rod Elkins with the Coast Guard; telephone 305- 415-6989, email [email protected] | |
| FR Citation | 80 FR 67677 |
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