Safety Zone; South Portland, ME, Gulf Blasting Project, 18889-18892 [E7-7187]
Download as PDF
<![CDATA[
Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Rules and Regulations
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
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
Commandant Instruction M16475.lD
and Department of Homeland Security
Management Directive 5100.1, 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 that there
are no factors in this case that would
limit the use of a categorical exclusion
under section 2.B.2 of the Instruction.
Therefore, this rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction, from further
environmental documentation. An
‘‘Environmental Analysis Check List’’
will be available in the docket where
indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
I For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 Subpart C as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
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.
2. Add temporary § 165.T05–035, to
read as follows:
I
cprice-sewell on PROD1PC66 with RULES
§ 165.T05–035 Security Zone: Wallops
Island, Virginia.
(a) Location. The following area is a
safety zone: All navigable waters from
37°–48′–30″N/075°–31′–58″W on
Northam Narrows to 37°–51′–30″N/
075°–28′–36″W on Cat Creek, thence to
a point following the Virginia coastal
and inland shoreline to a point on the
northeast tip of Wallops Island at 37°–
53′–03″N/075°–25′–05″W, thence
easterly to a point on the southwest tip
VerDate Aug<31>2005
15:00 Apr 13, 2007
Jkt 211001
of Assateague Island at 37°–52′–28″N/
075°–24′–20″W, thence along the
shoreline to a point on the southeast
side of Assateague Island at 37°–51′–
32″N/075°–22′–01″W, thence easterly to
a point on the United States territorial
seas boundary line at 37°–47′–30″N/
075°–09′–55″W. The regulated area will
continue in a southerly direction along
the United States territorial seas
boundary line to a point at 37°–40′–
56″N/075°–21′–12″W, thence westerly
to a point on Assawoman Island at 37°–
47′–11″N/075°–31′–34″W, thence back
again to the point of origin in the
Captain of the Port, Hampton Roads,
Virginia zone as defined in 33 CFR
3.25–10.
(b) Definition. As used in this section
Captain of the Port Representative: Any
U.S. Coast Guard commissioned,
warrant or petty officer who has been
authorized by the Captain of the Port,
Hampton Roads, Virginia to act on his
behalf.
(c) Regulations. (1) In accordance with
the general regulations in 165.23 of this
part, entry into this zone is prohibited
unless authorized by the Captain of the
Port, Hampton Roads or his designated
representatives.
(2) The operator of any vessel in the
immediate vicinity of this safety zone
shall:
(i) Stop the vessel immediately upon
being directed to do so by any
commissioned, warrant or petty officer
on shore or on board a vessel that is
displaying a U.S. Coast Guard Ensign.
(ii) Proceed as directed by any
commissioned, warrant or petty officer
on shore or on board a vessel that is
displaying a U.S. Coast Guard Ensign.
(3) The Captain of the Port, Hampton
Roads and the Sector Duty Officer at
Sector Hampton Roads in Portsmouth,
Virginia can be contacted at telephone
number (757) 668–5555 or (757) 484–
8192.
(4) The Coast Guard Representatives
enforcing the safety zone can be
contacted on VHF–FM 13 and 16.
(d) Effective Date. This regulation is
effective from 2 a.m. on April 21, 2007
until 5 a.m. on April 24, 2007.
Dated: April 4, 2007.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the
Port, Hampton Roads.
[FR Doc. E7–7183 Filed 4–13–07; 8:45 am]
BILLING CODE 4910–15–P
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
18889
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD01–07–33]
RIN 1625–AA00
Safety Zone; South Portland, ME, Gulf
Blasting Project
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is reinstating
the temporary safety zone around the
blasting and dredging project near the
Gulf Oil Terminal Berth in South
Portland, Maine and around the M/V
RELIANCE. These safety zones are
needed to protect persons, facilities,
vessels and others in the maritime
community from the safety hazards
associated with this blasting and
dredging project, which is being
undertaken to increase the water depth
of the Gulf Oil Terminal Berth to 41 feet.
Entry into this safety zone is prohibited
unless authorized by the Captain of the
Port, Northern New England.
DATES: This rule is effective from 8 a.m.
Eastern Daylight Time (EDT) April 2,
2007 until 11:59 p.m. Eastern Daylight
Time (EDT) on April 15, 2007.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket CGD01–07–
012 and are available for inspection or
copying at U.S. Coast Guard Sector
Northern New England, 259 High Street,
South Portland, ME 04106 between the
hours of 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
LTJG Jarrett Bleacher, at (207) 741–5421.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On February 20, 2007, we enacted a
Temporary Final Rule (TFR) entitled
‘‘Safety Zone; South Portland, Maine,
Gulf Blasting Project’’. (72 FR 10360,
March 8, 2007) The original effective
period for this rule was from 7 a.m.
Eastern Standard Time (EST) on
February 20, 2007 until 4 p.m. Eastern
Daylight Time (EDT) on March 31, 2007.
In order to maintain the protection of
persons, facilities, vessels and others in
the maritime community from the safety
hazards associated with this blasting
and dredging project, as the blasting
contractor has informed the Coast Guard
that operations will not be completed
within the scheduled timeframe, we
find it necessary to reissue a temporary
regulation establishing a safety zone
E:\FR\FM\16APR1.SGM
16APR1
18890
Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Rules and Regulations
cprice-sewell on PROD1PC66 with RULES
around the South Portland Maine, Gulf
blasting project.
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing an NPRM because
any delay encountered with this
regulation would be contrary to public
safety since the safety zone is needed to
provide for the safety of life on
navigable waters and to prevent traffic
from transiting within the waters
effected by this blasting and dredging
project. The details of this project’s
continuation were not provided to the
Coast Guard until March 22, 2007
making it impossible to publish a NPRM
or a final rule 30 days in advance.
Similarly, Under 5 U.S.C. 553(d)(3),
the Coast Guard finds that good cause
exists for making this rule effective less
than 30 days after publication in the
Federal Register. Delaying this rule
would be contrary to the public interest
since continued action is necessary to
protect persons, facilities, vessels and
others in the maritime community from
the safety hazards associated with the
handling, detonation, and transportation
of explosives.
Background and Purpose
The explosives loading and blasting
operations will continue to occur at
various times during the period between
March 31, 2007 and April 15, 2007. The
blasting plan calls for the drilling,
blasting, and dredging of various areas
within the berthing area of the Gulf Oil
Terminal in South Portland, Maine. The
explosives loading will occur at East
End Beach at the Eastern Promenade,
Portland, Maine, or at the municipal
boat ramp at Bug Light Park, South
Portland, Maine. The explosives will be
transported via truck aboard M/V
RELIANCE to the Gulf Oil Terminal in
South Portland where the blasting and
dredging project will be conducted. This
regulation establishes a moving safety
zone in all waters of the Fore River and
Casco Bay in a 100-yard radius around
the M/V RELIANCE as it transits from
the East End Beach or Bug Light Park to
the Gulf Facility and from the Gulf
Facility back to the East End Beach or
Bug Light Park. It also establishes a 100yard safety zone around the perimeter of
the affected portion of the berthing area
of the Gulf Oil Terminal while blasting
operations are being conducted. This
area is defined as all of the waters
enclosed by a line starting from a point
located at the western side of the Gulf
Oil Terminal Dock at latitude
43°39′12.537″ N, longitude
70°14′25.923″ W; thence to latitude
43°39′10.082″ N, longitude
VerDate Aug<31>2005
15:00 Apr 13, 2007
Jkt 211001
70°14′26.287″ W; thence to latitude
43°39′10.209″ N, longitude
70°14′27.910″ W; thence to latitude
43°39′12.664″ N, longitude
70°14′27.546″ W; thence to the point of
beginning.(DATUM:NAD 83). These
safety zones are required to protect the
maritime community from the hazards
associated with the loading, detonation,
and transportation of explosives. Entry
into this zone will be prohibited unless
authorized by the Captain of the Port.
Discussion of Rule
This rule continues to provide for the
safety of vessel traffic and the maritime
public from the hazards associated with
blasting operations on the designated
waters in the Fore River. This TFR
reinstates a temporary safety zone
around the blasting and dredging project
near the Gulf Oil Terminal Berth in
South Portland.
This document restricts vessel traffic
in various portions of the Fore River and
Casco Bay while the M/V RELIANCE is
in transit and around the perimeter of
the affected portion of the Gulf Oil
Terminal when blasting operations are
taking place. Although the safety zone
being reinstated will be in effect for two
weeks, as before, it will only be
enforced during actual transit and
blasting times. Entry into those zones by
any vessel is prohibited unless
specifically authorized by the Captain of
the Port, Northern New England.
The Captain of the Port anticipates
negligible negative impact on vessel
traffic from this temporary safety zone
as it will be in effect only during transit
and blasting operations. Blasting
operations are anticipated to occur only
two to three times per week between the
hours of 7 a.m. and 4 p.m. The moving
safety zone around the M/V RELIANCE
will be enforced only during the transit
of explosives to the site and from the
site back to shore with unused
explosives. The zone around the
perimeter of the work site extends only
minimally into the channel and will not
affect vessels transiting in or out of the
port. The zone around the worksite will
be enforced only during the actual
blasting times. The enhanced safety to
life and property provided by this rule
greatly outweighs any potential negative
impacts. Public notifications will be
made during the entire effective period
of this safety zone via marine
information broadcasts.
Regulatory Evaluation
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
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. The Coast Guard expects the
economic impact of this rule to be so
minimal that a full regulatory evaluation
is unnecessary. The effect of this rule
will not be significant for the following
reasons: The safety zone will be
enforced only during the transit of the
M/V RELIANCE and during blasting
operations. There is adequate room in
the channel for vessels to transit during
the blasting operations. Vessels will be
permitted to transit and navigate in the
effected waters when no blasting is
taking place, minimizing any adverse
impact. Additionally, extensive
maritime advisories will be broadcast
during the duration of the effective
period.
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
substantial number of small entities.
This rule may affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to transit in the safety
zone during this demolition event.
However, this rule will not have a
significant economic impact on a
substantial number of small entities due
to the minimal time that vessels will be
restricted from the area, the ample space
available for vessels to maneuver and
navigate around the zone, and advance
notifications will be made to the local
community by marine information
broadcasts.
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 so that
they can better evaluate its effects on
them and participate in the rulemaking
process. If this rule will affect your
small business, organization or
governmental jurisdiction and you have
questions concerning its provisions or
options for compliance, please contact
LTJG Jarrett Bleacher at (207) 741–5421,
E:\FR\FM\16APR1.SGM
16APR1
Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Rules and Regulations
Sector Northern New England,
Waterways Management Division.
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 police 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
cprice-sewell on PROD1PC66 with RULES
This rule will not effect 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.
VerDate Aug<31>2005
15:00 Apr 13, 2007
Jkt 211001
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. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
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
Commandant Instruction M16475.lD,
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
18891
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (34)(g), of the
Instruction, from further environmental
documentation.
This rule fits the category selected
from paragraph (34)(g), as it establishes
a safety zone. A final ‘‘Environmental
Analysis Check List’’ and a final
‘‘Categorical Exclusion Determination’’
will be available in the docket where
indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
I 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:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
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.T01–012 to
read as follows:
I
§ 165.T01–012 Safety Zone: Gulf Oil
Terminal Dredging Project, South Portland,
ME.
(a) Location. The following area is a
safety zone: All waters of the Fore River
and Casco Bay in a 100 yard radius
around the M/V RELIANCE as it transits
from the East End Beach or Bug Light
Park to the Gulf Oil Terminal Facility
and from the Gulf Oil Terminal Facility
back to the East End Beach or Bug Light
Park, while transporting explosives;
and, all waters in a 100 yard radius
around the perimeter of the berthing
area of the Gulf Oil Terminal while
blasting operations are being conducted.
This area is defined as: All of the waters
enclosed by a line starting from a point
located at the western side of the Gulf
Oil Terminal Dock at longitude
43°39′12.537″ N, longitude
70°14′25.923″ W; thence to latitude
43°39′10.082″ N, longitude
70°14′26.287″ W; thence to latitude
43°39′10.209″ N, longitude
70°14′27.910″ W; thence to latitude
43°39′12.664″ N, longitude
E:\FR\FM\16APR1.SGM
16APR1
18892
Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Rules and Regulations
70°14′27.546″ W; thence to the point of
beginning.(DATUM:NAD 83). All
vessels are restricted from entering this
area.
(b) Effective Date. This section is
effective 8 a.m. April 2, 2007 until 11:59
p.m. on April 15, 2007.
(c) Definitions. (1) Designated
representative means a Coast Guard
Patrol Commander, including a Coast
Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel
and a Federal, State, and local officer
designated by or assisting the Captain of
the Port (COTP).
(2) [Reserved]
(d) Regulations. (1) In accordance
with the general regulations in 165.23 of
this part, entry into or movement within
this zone by any person or vessel is
prohibited unless authorized by the
COTP, Northern New England or the
COTP’s designated representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or the COTP’s
designated representative.
(3) Vessel operators desiring to enter
or operate within the safety zone may
contact the COTP or the COTP’s
designated representative at telephone
number 207–767–0303 or on VHF
Channel 13 (156.7 MHz) or VHF
channel 16 (156.8 MHz) to seek
permission to do so. If permission is
granted, all persons and vessels must
comply with the instructions given to
them by the COTP or the COTP’s
designated representative.
Dated: April 2, 2007.
S.P. Garrity,
Captain, U.S. Coast Guard, Captain of the
Port, Northern New England.
[FR Doc. E7–7187 Filed 4–13–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Parts 1 and 41
[Docket No.: PTO–P–2005–0016]
RIN 0651–AB77
Revisions and Technical Corrections
Affecting Requirements for Ex Parte
and Inter Partes Reexamination
United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Final rule.
cprice-sewell on PROD1PC66 with RULES
AGENCY:
SUMMARY: The United States Patent and
Trademark Office (Office) is revising the
rules of practice relating to ex parte and
inter partes reexamination. The Office is
VerDate Aug<31>2005
15:00 Apr 13, 2007
Jkt 211001
designating the correspondence address
for the patent as the correct address for
all communications for patent owners in
an ex parte reexamination or an inter
partes reexamination, and simplifying
the filing of reexamination papers by
providing for the use of a single ‘‘mail
stop’’ address for the filing of
substantially all ex parte reexamination
papers (such is already the case for inter
partes reexamination papers). The
Office is revising the rules to prohibit
supplemental patent owner responses to
an Office action in an inter partes
reexamination proceeding without a
showing of sufficient cause. Finally, the
Office is making miscellaneous
clarifying changes as to terminology and
applicability of the reexamination rules.
The Office is not implementing its
proposal (that was set forth in the
proposed rule making) to newly provide
for a patent owner reply to a request for
reexamination, prior to the Office’s
decision on the request.
DATES: Effective Date: May 16, 2007.
Applicability Date: The changes in
this final rule apply to any
reexamination proceeding (ex parte or
inter partes) which is pending before the
Office as of May 16, 2007 and to any
reexamination proceeding which is filed
after that date.
FOR FURTHER INFORMATION CONTACT: By
telephone—Kenneth M. Schor, Senior
Legal Advisor at (571) 272–7710; by
mail addressed to U.S. Patent and
Trademark Office, Mail Stop
Comments—Patents, Commissioner for
Patents, P.O. Box 1450, Alexandria, VA
22313–1450, marked to the attention of
Kenneth M. Schor; by facsimile
transmission to (571) 273–7710 marked
to the attention of Kenneth M. Schor; or
by electronic mail message (e-mail) over
the Internet addressed to
kenneth.schor@uspto.gov.
SUPPLEMENTARY INFORMATION: The Office
is revising the rules of practice relating
to ex parte and inter partes
reexamination as follows:
I: Designating the correspondence
address for the patent as the correct
address for all notices, official letters,
and other communications for patent
owners in an ex parte reexamination or
an inter partes reexamination. Also,
simplifying the filing of reexamination
papers by providing for the use of ‘‘Mail
Stop Ex Parte Reexam’’ for the filing of
all ex parte reexamination papers (not
just ex parte reexamination requests),
other than certain correspondence to the
Office of the General Counsel.
II: Prohibiting supplemental patent
owner responses to an Office action in
an inter partes reexamination without a
showing of sufficient cause.
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
III: Making miscellaneous clarifying
changes as to the terminology and
applicability of the reexamination rules,
and correcting inadvertent errors in the
text of certain reexamination rules.
I. Reexamination Correspondence
Subpart 1—The Patent Owner’s
Address of Record: Section 1.33(c) has
been revised to designate the
correspondence address for the patent to
be reexamined, or being reexamined, as
the correct address for all notices,
official letters, and other
communications for patent owners in
reexamination proceedings. Prior to this
revision to § 1.33(c), all notices, official
letters, and other communications for
patent owners in a reexamination
proceeding had been directed to the
attorney or agent of record in the patent
file at the address listed on the register
of patent attorneys and agents
maintained by the Office of Enrollment
and Discipline (OED) pursuant to § 11.5
and § 11.11 (hereinafter, the ‘‘attorney or
agent of record register address’’).
The correspondence address for any
pending reexamination proceeding not
having the same correspondence
address as that of the patent is, by way
of this revision to § 1.33(c),
automatically changed to that of the
patent file—as of the effective date of
this Notice. For any such proceeding, it
is strongly encouraged that the patent
owner affirmatively file a Notification of
Change of Correspondence Address in
the reexamination proceeding and/or
the patent to conform the address of the
proceeding with that of the patent and
to clarify the record as to which address
should be used for correspondence.
While the correspondence address
change for the reexamination
proceeding is automatically effected (by
rule) even if the patent owner
notification is not filed, such a patent
owner notification clarifies the record,
and addresses the possibility that,
absent such a patent owner notification,
correspondence may inadvertently be
mailed to an incorrect address, causing
a delay in the prosecution.
This revision to § 1.33(c) is based on
the following: (1) Prior to the revision,
the Office had received reexamination
filings where the request had been
served on the patent owner at the
correspondence address under § 1.33(a)
that was the correct address for the
patent, rather than at the attorney or
agent of record register address that was
the previously prescribed (prior to the
present rule revision) correspondence
address in § 1.33(c) for use in
reexamination. This occurred because
the § 1.33(a) address was, and is, the
address used for correspondence during
E:\FR\FM\16APR1.SGM
16APR1
]]>Agencies
[Federal Register Volume 72, Number 72 (Monday, April 16, 2007)]
[Rules and Regulations]
[Pages 18889-18892]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7187]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-07-33]
RIN 1625-AA00
Safety Zone; South Portland, ME, Gulf Blasting Project
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is reinstating the temporary safety zone
around the blasting and dredging project near the Gulf Oil Terminal
Berth in South Portland, Maine and around the M/V RELIANCE. These
safety zones are needed to protect persons, facilities, vessels and
others in the maritime community from the safety hazards associated
with this blasting and dredging project, which is being undertaken to
increase the water depth of the Gulf Oil Terminal Berth to 41 feet.
Entry into this safety zone is prohibited unless authorized by the
Captain of the Port, Northern New England.
DATES: This rule is effective from 8 a.m. Eastern Daylight Time (EDT)
April 2, 2007 until 11:59 p.m. Eastern Daylight Time (EDT) on April 15,
2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD01-07-012 and are available for
inspection or copying at U.S. Coast Guard Sector Northern New England,
259 High Street, South Portland, ME 04106 between the hours of 8 a.m.
and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LTJG Jarrett Bleacher, at (207) 741-
5421.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On February 20, 2007, we enacted a Temporary Final Rule (TFR)
entitled ``Safety Zone; South Portland, Maine, Gulf Blasting Project''.
(72 FR 10360, March 8, 2007) The original effective period for this
rule was from 7 a.m. Eastern Standard Time (EST) on February 20, 2007
until 4 p.m. Eastern Daylight Time (EDT) on March 31, 2007. In order to
maintain the protection of persons, facilities, vessels and others in
the maritime community from the safety hazards associated with this
blasting and dredging project, as the blasting contractor has informed
the Coast Guard that operations will not be completed within the
scheduled timeframe, we find it necessary to reissue a temporary
regulation establishing a safety zone
[[Page 18890]]
around the South Portland Maine, Gulf blasting project.
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM because any delay encountered
with this regulation would be contrary to public safety since the
safety zone is needed to provide for the safety of life on navigable
waters and to prevent traffic from transiting within the waters
effected by this blasting and dredging project. The details of this
project's continuation were not provided to the Coast Guard until March
22, 2007 making it impossible to publish a NPRM or a final rule 30 days
in advance.
Similarly, Under 5 U.S.C. 553(d)(3), the Coast Guard finds that
good cause exists for making this rule effective less than 30 days
after publication in the Federal Register. Delaying this rule would be
contrary to the public interest since continued action is necessary to
protect persons, facilities, vessels and others in the maritime
community from the safety hazards associated with the handling,
detonation, and transportation of explosives.
Background and Purpose
The explosives loading and blasting operations will continue to
occur at various times during the period between March 31, 2007 and
April 15, 2007. The blasting plan calls for the drilling, blasting, and
dredging of various areas within the berthing area of the Gulf Oil
Terminal in South Portland, Maine. The explosives loading will occur at
East End Beach at the Eastern Promenade, Portland, Maine, or at the
municipal boat ramp at Bug Light Park, South Portland, Maine. The
explosives will be transported via truck aboard M/V RELIANCE to the
Gulf Oil Terminal in South Portland where the blasting and dredging
project will be conducted. This regulation establishes a moving safety
zone in all waters of the Fore River and Casco Bay in a 100-yard radius
around the M/V RELIANCE as it transits from the East End Beach or Bug
Light Park to the Gulf Facility and from the Gulf Facility back to the
East End Beach or Bug Light Park. It also establishes a 100-yard safety
zone around the perimeter of the affected portion of the berthing area
of the Gulf Oil Terminal while blasting operations are being conducted.
This area is defined as all of the waters enclosed by a line starting
from a point located at the western side of the Gulf Oil Terminal Dock
at latitude 43[deg]39'12.537'' N, longitude 70[deg]14'25.923'' W;
thence to latitude 43[deg]39'10.082'' N, longitude 70[deg]14'26.287''
W; thence to latitude 43[deg]39'10.209'' N, longitude
70[deg]14'27.910'' W; thence to latitude 43[deg]39'12.664'' N,
longitude 70[deg]14'27.546'' W; thence to the point of
beginning.(DATUM:NAD 83). These safety zones are required to protect
the maritime community from the hazards associated with the loading,
detonation, and transportation of explosives. Entry into this zone will
be prohibited unless authorized by the Captain of the Port.
Discussion of Rule
This rule continues to provide for the safety of vessel traffic and
the maritime public from the hazards associated with blasting
operations on the designated waters in the Fore River. This TFR
reinstates a temporary safety zone around the blasting and dredging
project near the Gulf Oil Terminal Berth in South Portland.
This document restricts vessel traffic in various portions of the
Fore River and Casco Bay while the M/V RELIANCE is in transit and
around the perimeter of the affected portion of the Gulf Oil Terminal
when blasting operations are taking place. Although the safety zone
being reinstated will be in effect for two weeks, as before, it will
only be enforced during actual transit and blasting times. Entry into
those zones by any vessel is prohibited unless specifically authorized
by the Captain of the Port, Northern New England.
The Captain of the Port anticipates negligible negative impact on
vessel traffic from this temporary safety zone as it will be in effect
only during transit and blasting operations. Blasting operations are
anticipated to occur only two to three times per week between the hours
of 7 a.m. and 4 p.m. The moving safety zone around the M/V RELIANCE
will be enforced only during the transit of explosives to the site and
from the site back to shore with unused explosives. The zone around the
perimeter of the work site extends only minimally into the channel and
will not affect vessels transiting in or out of the port. The zone
around the worksite will be enforced only during the actual blasting
times. The enhanced safety to life and property provided by this rule
greatly outweighs any potential negative impacts. Public notifications
will be made during the entire effective period of this safety zone via
marine information broadcasts.
Regulatory Evaluation
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. The Coast Guard expects the economic
impact of this rule to be so minimal that a full regulatory evaluation
is unnecessary. The effect of this rule will not be significant for the
following reasons: The safety zone will be enforced only during the
transit of the M/V RELIANCE and during blasting operations. There is
adequate room in the channel for vessels to transit during the blasting
operations. Vessels will be permitted to transit and navigate in the
effected waters when no blasting is taking place, minimizing any
adverse impact. Additionally, extensive maritime advisories will be
broadcast during the duration of the effective period.
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 substantial number of small
entities.
This rule may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
in the safety zone during this demolition event. However, this rule
will not have a significant economic impact on a substantial number of
small entities due to the minimal time that vessels will be restricted
from the area, the ample space available for vessels to maneuver and
navigate around the zone, and advance notifications will be made to the
local community by marine information broadcasts.
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 so that they can better
evaluate its effects on them and participate in the rulemaking process.
If this rule will affect your small business, organization or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact LTJG Jarrett
Bleacher at (207) 741-5421,
[[Page 18891]]
Sector Northern New England, Waterways Management Division.
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 police 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 effect 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. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
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 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 concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation.
This rule fits the category selected from paragraph (34)(g), as it
establishes a safety zone. A final ``Environmental Analysis Check
List'' and a final ``Categorical Exclusion Determination'' will be
available in the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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. 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 temporary Sec. 165.T01-012 to read as follows:
Sec. 165.T01-012 Safety Zone: Gulf Oil Terminal Dredging Project,
South Portland, ME.
(a) Location. The following area is a safety zone: All waters of
the Fore River and Casco Bay in a 100 yard radius around the M/V
RELIANCE as it transits from the East End Beach or Bug Light Park to
the Gulf Oil Terminal Facility and from the Gulf Oil Terminal Facility
back to the East End Beach or Bug Light Park, while transporting
explosives; and, all waters in a 100 yard radius around the perimeter
of the berthing area of the Gulf Oil Terminal while blasting operations
are being conducted. This area is defined as: All of the waters
enclosed by a line starting from a point located at the western side of
the Gulf Oil Terminal Dock at longitude 43[deg]39[min]12.537[sec] N,
longitude 70[deg]14[min]25.923[sec] W; thence to latitude
43[deg]39[min]10.082[sec] N, longitude 70[deg]14[min]26.287[sec] W;
thence to latitude 43[deg]39[min]10.209[sec] N, longitude
70[deg]14[min]27.910[sec] W; thence to latitude
43[deg]39[min]12.664[sec] N, longitude
[[Page 18892]]
70[deg]14[min]27.546[sec] W; thence to the point of
beginning.(DATUM:NAD 83). All vessels are restricted from entering this
area.
(b) Effective Date. This section is effective 8 a.m. April 2, 2007
until 11:59 p.m. on April 15, 2007.
(c) Definitions. (1) Designated representative means a Coast Guard
Patrol Commander, including a Coast Guard coxswain, petty officer, or
other officer operating a Coast Guard vessel and a Federal, State, and
local officer designated by or assisting the Captain of the Port
(COTP).
(2) [Reserved]
(d) Regulations. (1) In accordance with the general regulations in
165.23 of this part, entry into or movement within this zone by any
person or vessel is prohibited unless authorized by the COTP, Northern
New England or the COTP's designated representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone may contact the COTP or the COTP's designated representative at
telephone number 207-767-0303 or on VHF Channel 13 (156.7 MHz) or VHF
channel 16 (156.8 MHz) to seek permission to do so. If permission is
granted, all persons and vessels must comply with the instructions
given to them by the COTP or the COTP's designated representative.
Dated: April 2, 2007.
S.P. Garrity,
Captain, U.S. Coast Guard, Captain of the Port, Northern New England.
[FR Doc. E7-7187 Filed 4-13-07; 8:45 am]
BILLING CODE 4910-15-P
