Safety Zone; Narragansett Bay, Quonset, RI
| Citation | 85 FR 82915 |
| Record Number | 2020-28111 |
| Published date | 21 December 2020 |
| Section | Rules and Regulations |
| Court | Coast Guard,Homeland Security Department |
82915
Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / Rules and Regulations
(GAAP) are required to be used when
completing the Periodic Reports, except
if the debtor used a different set of
accounting standards prepetition or if
the United States Trustee or an order of
the court otherwise modifies the GAAP
requirement. If the debtor uses GAAP
accounting, supporting documents must
comply with GAAP, such as the
Financial Accounting Standards Board’s
Accounting Standards Codification 852,
‘‘Reorganizations.’’
(i) Certification of Periodic Reports’
accuracy. The Periodic Reports must be
certified under penalty of perjury that
they are true and correct by an
individual who is authorized under
applicable law to certify on behalf of the
debtor, trustee, reorganized debtor, or
other authorized party who has been
charged with administering a confirmed
plan. The debtor’s, trustee’s, reorganized
debtor’s, or other authorized party’s
attorney must maintain possession of
the Periodic Reports with original
holographic signatures for five years,
unless otherwise provided by local rule.
In addition to the obligations imposed
by (l)(2), a pro se debtor must submit the
Periodic Reports with original
holographic signatures to the office of
the United States Trustee in the district
in which the bankruptcy case is
pending.
(j) Mandatory usage of Periodic
Reports. The Periodic Reports must be
utilized by debtors and trustees when
completing their monthly operating
reports or post-confirmation reports.
The Periodic Reports shall be used
without alteration, except as otherwise
provided in this rule, in a particular
UST Form 11–MOR or UST Form 11–
PCR, or in the instructions for UST
Form 11–MOR or UST Form 11–PCR.
The Periodic Reports may be modified
to permit minor changes not affecting
wording or the order of presenting
information. All debtors and chapter 11
trustees serving in districts where a
United States Trustee is serving must
use the Periodic Reports in the
administration of their cases, in the
same manner and with the same
content, as set forth in this Rule.
(1) All Periodic Reports may be
electronically or mechanically
reproduced so long as the content and
the form remain consistent with the
Periodic Reports as they are posted on
EOUST’s website; and
(2) The Periodic Reports shall be filed
via the United States Bankruptcy
Courts’ Case Management/Electronic
Case Filing System (CM/ECF) as a
‘‘smart form,’’ meaning the reports are
data-embedded.
Dated: December 8, 2020.
Clifford J. White III,
Director, Executive Office for United States
Trustees.
[FR Doc. 2020–27715 Filed 12–18–20; 8:45 am]
BILLING CODE 4410–40–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0639]
RIN 1625–AA00
Safety Zone; Narragansett Bay,
Quonset, RI
AGENCY
: Coast Guard, DHS.
ACTION
: Temporary interim rule and
request for comments.
SUMMARY
: The Coast Guard is
establishing a temporary safety zone on
the navigable waters within a 1,700 foot
radius of the barge M. J. VERROCHI
located in Narragansett Bay, Quonset,
RI. The safety zone is needed to protect
personnel, vessels, and the marine
environment from the potential hazards
created by dredging operations that
include drilling and blasting. When
enforced, entry of vessels or persons
into this zone is prohibited unless
specifically authorized by the Captain of
the Port, Southeastern New England or
designated representative.
DATES
:
Effective date: This rule is effective
from December 30, 2020 through
January 31, 2021.
Comments due date: Comments and
related material must be received by the
Coast Guard on or before December 31,
2020.
ADDRESSES
: To view documents
mentioned in this preamble as being
available in the docket, go to http://
www.regulations.gov, type USCG–2020–
0639 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule. You may submit comments
identified by docket number USCG–
2020–0639 using the Federal
eRulemaking Portal at http://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT
: If
you have questions on this rule, call or
email the Waterways Management
Division, U.S. Coast Guard Sector
Southeastern New England, telephone
401–435–2342, email SENEWWM@
uscg.mil.
SUPPLEMENTARY INFORMATION
:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rule Making
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary 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 it is
impracticable. The Coast Guard did not
receive sufficient details to evaluate the
drilling and blasting in Narragansett Bay
until November 23, 2020. It is
impracticable to publish an NPRM
because we must establish this safety
zone by December 30, 2020, but lack
sufficient time to collect public
comments and to address them before
issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making it effective less than 30 days
after publication in the Federal
Register. For reasons stated in the
preceding paragraph, delaying the
effective date of this rule would be
impracticable and contrary to the public
interest because timely action is needed
to respond to the potential safety
hazards associated with the drill and
blast project.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port (COTP) Sector
Southeastern New England has
determined that potential hazards exist
with the loading of explosives, transit of
explosives and storage of explosives on
the barge M. J. VERROCHI during the
drill and blast project. This rule is
needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone.
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Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / Rules and Regulations
IV. Discussion of the Rule
This rule establishes a safety zone
from December 30, 2020 through
January 31, 2021. The safety zone will
cover all navigable waters within 1,700
feet of the barge M. J. VERROCHI used
for dredging operations in Narragansett
Bag near Quonset, RI. The duration of
the zone is intended to protect
personnel, vessels, and the marine
environment in these navigable waters
while the barge M. J. VERROCHI
conducts dredging operations that
include drilling and blasting. No vessel
or person will be permitted to enter the
safety zone without obtaining
permission from the COTP or a
designated representative. The Coast
Guard will notify the public and local
mariners of this safety zone through
appropriate means, which may include,
but are not limited to; publication in the
Local Notice to Mariners and Broadcast
Notice to Mariners via marine Channel
16 (VHF–FM) in advance of any
enforcement.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, it has not
been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-year of the safety zone. This
safety zone will restrict vessel traffic
from entering or transiting in
Narragansett Bay within 1,700 foot
radius around the barge M. J.
VERROCHI. Moreover, the Coast Guard
will issue Broadcast Notice to Mariners
via VHF–FM marine channel 16 about
the safety zone, and vessel traffic will be
able to seek permission from COTP to
safely transit through the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 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 rule would not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant impact
on any vessel owner or operator.
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 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
section.
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.
C. Collection of Information
This rule would not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
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 rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, 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.
E. 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 rule
would not result in such an
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (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 the
establishment of a safety zone on the
navigable waters of Narragansett Bay, RI
that will prohibit entry within a 1,700
foot radius of the barge M. J.
VERROCHI. It is categorically excluded
from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the
ADDRESSES
section of this
preamble.
G. 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
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Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / Rules and Regulations
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
VI. 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.
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, visit http://
www.regulations.gov/privacyNotice.
Documents mentioned in this TIR as
being available in the docket, and all
public comments, will be in our online
docket at http://www.regulations.gov
and can be viewed by following that
website’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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
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
■1. The authority citation for part 165
continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
■2. Add § 165.T01–0639 to read as
follows:
§ 165.T01–0639 Safety Zone; Narragansett
Bay, Quonset, RI.
(a) Location. The following area is a
safety zone: All navigable waters from
surface to bottom, within a 1,700 foot
radius around the barge M. J.
VERROCHI located in Narragansett Bay,
Quonset, RI.
(b) Enforcement Periods. This section
is enforceable 24 hours a day from
December 30, 2020 through January 31,
2021, but will only be enforced when
deemed necessary by the COTP
Southeastern New England.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
A designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to
units under the operational control of
U.S. Coast Guard Sector Southeastern
New England.
(2) Vessels requiring entry into this
safety zone must request permission
from the COTP or a designated
representative. To seek entry into the
safety zone, contact the COTP or the
COTP’s representative by telephone at
508–457–3211 or on VHF–FM channel
16.
(3) Persons and vessels permitted to
enter this safety zone must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public through Broadcast
Notice to Mariners of any changes in the
planned schedule.
Dated: December 15, 2020.
C.J. Glander,
Captain, U.S. Coast Guard, Captain of the
Port Sector Southeastern New England.
[FR Doc. 2020–28111 Filed 12–18–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 1
[Docket No. PTO–P–2019–0009]
RIN 0651–AD33
Small Entity Government Use License
Exception
AGENCY
: United States Patent and
Trademark Office, Department of
Commerce.
ACTION
: Final rule.
SUMMARY
: The United States Patent and
Trademark Office (USPTO or Office) is
amending the rules of practice in patent
cases to clarify and expand exceptions
to the rule pertaining to government use
licenses and their effect on small entity
status for purposes of paying reduced
patent fees. The rule change is designed
to support independent inventors, small
business concerns, and nonprofit
organizations in filing patent
applications and to encourage
collaboration with the Federal
Government by expanding the
opportunities to qualify for the small
entity patent fees discount for
inventions made during the course of
federally funded or federally supported
research.
DATES
: Effective date: This final rule is
effective on January 20, 2021.
FOR FURTHER INFORMATION CONTACT
:
James Engel, Senior Legal Advisor,
Office of Patent Legal Administration,
by phone at 571–272–7725, or by email
at James.Engel@uspto.gov; or Marina
Lamm, Patent Attorney, Office of Policy
and International Affairs, by phone at
571–272–5905, or by email at
Marina.Lamm@uspto.gov.
SUPPLEMENTARY INFORMATION
: The
USPTO is amending the rules of
practice in patent cases at 37 CFR 1.27
to clarify and expand exceptions to the
rule pertaining to government use
licenses and their effect on small entity
status for purposes of paying reduced
patent fees, so as to support
independent inventors, small business
concerns, and nonprofit organizations in
filing patent applications. The
government use license exceptions in
this rulemaking are the only exceptions
to the general rule that every party
holding rights to an invention must
qualify as a small entity under 37 CFR
1.27 in order for small entity status to
be claimed in a patent application.
The first exception—in section
1.27(a)(4)(i)—covers a government use
license that a Federal employee-
inventor is obligated to grant if he/she
is allowed to retain title to the
workplace invention pursuant to a
rights determination under Executive
Order (E.O.) 10096. The Office is
amending the regulations to specify that
this exception applies to the use license
reserved to the Federal Government
when a Federal employee, including an
employee of a Federal laboratory, is
allowed, under 15 U.S.C. 3710d(a), to
retain title to the workplace invention.
The Office is also expanding the
exception to cover a government use
license to a Federal agency arising from
an inventor’s retention of rights under
35 U.S.C. 202(d), when the inventor is
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