Special Local Regulation; Cape Fear Dragon Boat Festival, Wilmington, NC, 47531-47534 [E8-18789]
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Federal Register / Vol. 73, No. 158 / Thursday, August 14, 2008 / Rules and Regulations
contents for § 1.1366–2(a)(5)(i), (a)(5)(ii)
and (a)(5)(iii) to read as follows:
§ 1.1366–0
Table of contents.
*
*
*
*
*
§ 1.1366–2 Limitations on deduction of
passthrough items of an S corporation to
its shareholders.
(a) * * *
(5) * * *
(i) In general.
(ii) Exceptions for transfers of stock
under section 1041(a).
(iii) Examples.
I Par. 9. Section 1.1366–2(a)(5) is
amended by:
I 1. Redesignating paragraph (a)(5) as
(a)(5)(i).
I 2. Adding a heading and revising the
first sentence of paragraph (a)(5)(i).
I 3. Adding paragraphs (a)(5)(ii) and
(a)(5)(iii).
The revisions and additions read as
follows:
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§ 1.1366–2 Limitations on deduction of
passthrough items of an S corporation to
its shareholders.
(a) In general. * * *
(5) Nontransferability of losses and
deductions—(i) In general. Except as
provided in paragraph (a)(5)(ii) of this
section, any loss or deduction
disallowed under paragraph (a)(1) of
this section is personal to the
shareholder and cannot in any manner
be transferred to another person. * * *
(ii) Exceptions for transfers of stock
under section 1041(a). If a shareholder
transfers stock of an S corporation after
December 31, 2004, in a transfer
described in section 1041(a), any loss or
deduction with respect to the
transferred stock that is disallowed to
the transferring shareholder under
paragraph (a)(1) of this section shall be
treated as incurred by the corporation in
the following taxable year with respect
to the transferee spouse or former
spouse. The amount of any loss or
deduction with respect to the stock
transferred shall be determined by
prorating any losses or deductions
disallowed under paragraph (a)(1) of
this section for the year of the transfer
between the transferor and the spouse or
former spouse based on the stock
ownership at the beginning of the
following taxable year. If a transferor
claims a deduction for losses in the
taxable year of transfer, then under
paragraph (a)(4) of this section, if the
transferor’s pro rata share of the losses
and deductions in the year of transfer
exceeds the transferor’s basis in stock
and the indebtedness of the corporation
to the transferor, then the limitation
must be allocated among the transferor
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spouse’s pro rata share of each loss or
deduction, including disallowed losses
and deductions carried over from the
prior year.
(iii) Examples. The following
examples illustrates the provisions of
paragraph (a)(5)(ii) of this section:
Example 1. A owns all 100 shares in X, a
calendar year S corporation. For X’s taxable
year ending December 31, 2006, A has zero
basis in the shares and X does not have any
indebtedness to A. For the 2006 taxable year,
X had $100 in losses that A cannot use
because of the basis limitation in section
1366(d)(1) and that are treated as incurred by
the corporation with respect to A in the
following taxable year. Halfway through the
2007 taxable year, A transfers 50 shares to B,
A’s former spouse in a transfer to which
section 1041(a) applies. In the 2007 taxable
year, X has $80 in losses. On A’s 2007
individual income tax return, A may use the
entire $100 carryover loss from 2006, as well
as A’s share of the $80 2007 loss determined
under section 1377(a) ($60), assuming A
acquires sufficient basis in the X stock. On
B’s 2007 individual income tax return, B may
use B’s share of the $80 2007 loss determined
under section 1377(a) ($20), assuming B has
sufficient basis in the X stock. If any
disallowed 2006 loss is disallowed to A
under section 1366(d)(1) in 2007, that loss is
prorated between A and B based on their
stock ownership at the beginning of 2008. On
B’s 2008 individual income tax return, B may
use that loss, assuming B acquires sufficient
basis in the X stock. If neither A nor B
acquires any basis during the 2007 taxable
year, then as of the beginning of 2008, the
corporation will be treated as incurring $50
of loss with respect to A and $50 of loss with
respect to B for the $100 of disallowed 2006
loss, and the corporation will be treated as
incurring $60 of loss with respect to A and
$20 with respect to B for the $80 of
disallowed 2007 loss.
Example 2. Assume the same facts as
Example 1, except that during the 2007
taxable year, A acquires $10 of basis in A’s
shares in X. For the 2007 taxable year, A may
claim a $10 loss deduction, which represents
$6.25 of the disallowed 2006 loss of $100 and
$3.75 of A’s 2007 loss of $60. The disallowed
2006 loss is reduced to $93.75. As of the
beginning of 2008, the corporation will be
treated as incurring half of the remaining
$93.75 of loss with respect to A and half of
that loss with respect to B for the remaining
$93.75 of disallowed 2006 loss, and if B does
not acquire any basis during 2007, the
corporation will be treated as incurring
$56.25 of loss with respect to A and $20 with
respect to B for the remaining disallowed
2007 loss.
*
*
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Par. 10. Section 1.1366–5 is amended
by adding a new sentence at the end to
read as follows:
I
§ 1.1366–5
Effective/applicability date.
* * * Sections 1.1366–2(a)(5)(i), (ii)
and (iii) are effective on August 14,
2008.
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PART 602—OMB CONTROL NUMBERS
UNDER THE PAPERWORK
REDUCTION ACT
Par. 11. The authority citation for part
602 continues to read as follows:
I
Authority: 26 U.S.C. 7805.
Par. 12. Section 602.101, paragraph
(b) is amended by adding the entry in
numerical order to the table to read as
follows:
I
§ 602.101
*
OMB Control numbers.
*
*
(b) * * *
*
*
CFR part or section where
identified and described
*
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*
1.1361–1 ...............................
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*
Current OMB
control No.
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*
1545–2114
*
*
Sherri L. Brown,
Acting Deputy Commissioner for Services and
Enforcement.
Approved: August 5, 2008.
Eric Solomon,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. E8–18782 Filed 8–13–08; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2008–0789]
RIN 1625–AA08
Special Local Regulation; Cape Fear
Dragon Boat Festival, Wilmington, NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Cape Fear Dragon Boat
Festival will take place on the Cape Fear
River in Wilmington, North Carolina on
September 27, 2008. This event will
consist of four 45 foot long Dragon boats
racing a 250 meter course.
DATES: This rule is effective from 8 a.m.
to 6 p.m. on September 27, 2008.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0789 and are available online at
www.regulations.gov. They are also
available for inspection or copying at
two locations: the Docket Management
Facility (M–30), U.S. Department of
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Federal Register / Vol. 73, No. 158 / Thursday, August 14, 2008 / Rules and Regulations
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays,
and at Commander, Coast Guard Sector
North Carolina, 2301 East Fort Macon
Rd., Atlantic Beach, North Carolina
28512 between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal
holidays.
If
you have questions on this temporary
rule, call the Marine Event Coordinator
at Coast Guard Sector North Carolina, C.
D. Humphrey at (252) 247–4570. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because a delay
in publication would be contrary to the
public interest since immediate action is
needed to protect the maritime public
during the event. In order to ensure the
safety of life on navigable waters during
this event, the Coast Guard is
establishing a special local regulation.
The Coast Guard will issue a broadcast
notice to mariners to advise mariners of
the restriction and on scene Coast Guard
and Coast Guard Auxiliary vessels will
also provide additional notice to
mariners.
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Background and Purpose
On September 27, 2008, the Cape Fear
Dragon Boat Club will sponsor the
‘‘Cape Fear River Dragon Boat Festival.’’
This festival will include four 45 foot
long Dragon Boats racing a straight line
course 250 meters in length. The races
will take place on the Cape Fear River
in front of the Wilmington River Walk,
approximately 0.5 nautical miles north
of the Cape Fear River Memorial Bridge.
To provide for the safety of participants,
spectators and other transiting vessels,
the Coast Guard will temporarily restrict
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vessel traffic in the event area during
the races.
Discussion of Rule
The Coast Guard is establishing a
special local regulation on specified
waters of the Cape Fear River,
Wilmington, North Carolina. The
special local regulation includes all
waters from shoreline to shoreline,
bound by the following position latitude
34°14′24″ N, longitude 77°57′08″ W
thence south along the east bank of the
river to latitude 34°14′00″ N, longitude
77°56′58″ W, thence west to latitude
34°14′00″ N, longitude 77°57′05″ W,
thence north along the west bank to
latitude 34°14′24″ N, longitude
77°57′21″ W, thence east back to the
point of origin. All coordinates
reference Datum NAD 1983. The special
local regulation will be in effect from 8
a.m. to 6 p.m. on September 27, 2008.
The effect will be to restrict general
navigation in the regulated area during
the races. Except for persons or vessels
authorized by the Coast Guard Patrol
Commander, no person or vessel may
enter or remain in the regulated area
during the enforcement period. The
Patrol Commander will notify the public
of specific enforcement times by Marine
Radio Safety Broadcast. These
regulations are needed to control vessel
traffic during the event to enhance the
safety of participants, spectators and
transiting vessels.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary. Although this regulation
prevents traffic from transiting a portion
of the Cape Fear River during the event,
the effect of this regulation will not be
significant due to the limited duration
that the regulated area will be in effect.
Extensive advance notification will be
made to the maritime community via
marine information broadcasts, local
radio stations and area newspapers so
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mariners can adjust their plans
accordingly. Additionally, the regulated
area has been narrowly tailored to
impose the least impact on the maritime
public yet provide the level of safety
deemed necessary. Vessel traffic will be
able to transit the regulated area
between races, when the Coast Guard
Patrol Commander deems it is safe to do
so.
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 will affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to transit this section
of the Cape Fear River from 8 a.m. to 6
p.m. on September 27, 2008. This rule
will not have a significant economic
impact on a substantial number of small
entities for the following reasons:
(i) Although the regulated area will
apply to the section of the Cape Fear
River approximately 0.5 nautical miles
north of the Cape Fear Memorial Bridge,
traffic may be allowed to pass through
the regulated area with the permission
of the Coast Guard Patrol Commander;
(ii) the Patrol Commander will allow
non-participating vessels to transit the
event area between races;
(iii) the minimal size of the zone; and
(iv) before the enforcement period, the
Coast Guard will issue maritime
advisories so mariners can adjust their
plans accordingly.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
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Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not 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.
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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.
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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.
Instruction. Therefore, this rule is
categorically excluded, under figure 2–
1, paragraph (34)(h), of the Instruction,
from further environmental
documentation.
Under figure 2–1, paragraph (34)(h),
of the Instruction, an ‘‘Environmental
Analysis Checklist’’ and a ‘‘Categorical
Exclusion Determination’’ are available
in the docket where indicated under
ADDRESSES.
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.
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, and Waterways.
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
Department of Homeland Security
Management Directive 5100.1 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded under the Instruction
that there are no factors in this case that
would limit the use of a categorical
exclusion under section 2.B.2 of the
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List of Subjects in 33 CFR Part 100
Accordingly, the Coast Guard
temporarily amends 33 CFR part 100 as
follows:
I
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
I
Authority: 33 U.S.C. 1233.
I 2. Add a temporary § 100.35T–05–
0789 to read as follows:
§ 100.35T–05–0789 Special Local
Regulation, Cape Fear Dragon Boat
Festival.
(a) Regulated area. All waters of the
Cape Fear River, adjacent to
Wilmington, North Carolina,
approximately 0.5 nautical miles north
of the Cape Fear Memorial Bridge,
starting from position latitude 34°14′24″
N, longitude 77°57′08″ W thence south
along the east bank of the river to
latitude 34°14′00″ N, longitude
77°56′58″ W, thence west to latitude
34°14′00″ N, longitude 77°57′05″ W,
thence north along the west bank to
latitude 34°14′24″ N, longitude
77°57′21″ W, thence east back to the
point of origin. All coordinates
reference Datum NAD 1983.
(b) Definitions. (1) Coast Guard Patrol
Commander means a commissioned,
warrant, or petty officer of the Coast
Guard who has been designated by the
Commander, Coast Guard Sector North
Carolina.
(2) Official Patrol means any person
or vessel assigned or approved by
Commander, Coast Guard Sector North
Carolina with a commissioned, warrant,
or petty officer on board and displaying
a Coast Guard ensign.
(3) Participant includes all vessels
participating in the ‘‘Cape Fear Dragon
Boat Festival’’ under the auspices of the
Marine Event Permit issued to the event
sponsor and approved by Commander,
Coast Guard Sector North Carolina.
(c) Special local regulations. (1)
Except for persons or vessels authorized
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by the Coast Guard Patrol Commander,
no person or vessel may enter or remain
in the regulated area.
(2) The operator of any vessel in the
regulated area must:
(i) Stop the vessel immediately when
instructed to do so by the Official Patrol
and then proceed as directed.
(ii) All persons and vessels shall
comply with the instructions of the
Official Patrol.
(iii) When authorized to transit the
regulated area, all vessels shall proceed
at the minimum speed necessary to
maintain a safe course that minimizes
wake near the race course.
(d) Enforcement period. This section
will be effective from 8 a.m. to 6 p.m.
on September 27, 2008.
Dated: August 4, 2008.
F.M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, District Five
Commander.
[FR Doc. E8–18789 Filed 8–13–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Parts 1 and 41
[Docket No. PTO–C02008–0004]
RIN 0651–AC21
Revision of Patent Fees for Fiscal Year
2009
United States Patent and
Trademark Office, Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: The United States Patent and
Trademark Office (Office) is adjusting
certain patent fee amounts for fiscal year
2009 to reflect fluctuations in the
Consumer Price Index (CPI). The patent
statute provides for the annual CPI
adjustment of patent fees set by statute
to recover the higher costs associated
with doing business. In addition, the
Office is correcting the addresses for
maintenance fee payments and
correspondence, and deposit account
replenishments.
DATES:
Effective Date: October 2, 2008.
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FOR FURTHER INFORMATION CONTACT:
Walter Schlueter by e-mail at
Walter.Schlueter@uspto.gov, by
telephone at (571) 272–6299, or by fax
at (571) 273–6299.
SUPPLEMENTARY INFORMATION: The Office
is adjusting certain patent fee amounts
in accordance with the applicable
provisions of title 35, United States
Code, as amended by the Consolidated
Appropriations Act (Pub. L. 108–447,
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118 Stat. 2809 (2004)). In addition, this
final rule changes the addresses for
maintenance fee payments and
correspondence, and deposit account
replenishments. The addresses are being
changed to reflect the current addresses
that should be used.
Background:
Statutory Provisions: Patent fees are
set by or under the authority provided
in 35 U.S.C. 41, 119, 120, 132(b), 156,
157(a), 255, 302, 311, 376, section
532(a)(2) of the Uruguay Round
Agreements Act (URAA) (Pub. L. 103–
465, § 532(a)(2), 108 Stat. 4809, 4985
(1994)), and section 4506 of the
American Inventors Protection Act of
1999 (AIPA) (Pub. L. 106–113, 113 Stat.
1501, 1501A–565 (1999)). For fees paid
under 35 U.S.C. 41(a) and (b) and
132(b), independent inventors, small
business concerns, and nonprofit
organizations who meet the
requirements of 35 U.S.C. 41(h)(1) are
entitled to a fifty-percent reduction.
Section 41(d) of title 35, United States
Code, authorizes the Director to
establish fees for all other processing,
services, or materials related to patents
to recover the average cost of providing
these services or materials, except for
the fees for recording a document
affecting title, for each photocopy, for
each black and white copy of a patent,
and for standard library service.
Section 41(f) of title 35, United States
Code, provides that fee amounts
established under 35 U.S.C. 41(a) and
(b) may be adjusted on October 1, 1992,
and every year thereafter, to reflect
fluctuations in the CPI over the previous
twelve months.
Section 41(g) of title 35, United States
Code, provides that new fee amounts
established by the Director under 35
U.S.C. 41 may take effect thirty days
after notice in the Federal Register and
the Official Gazette of the United States
Patent and Trademark Office.
The fiscal year 2005 Consolidated
Appropriations Act (section 801 of
Division B) provided that 35 U.S.C.
41(a), (b), and (d) shall be administered
in a manner that revises patent
application fees (35 U.S.C. 41(a)) and
patent maintenance fees (35 U.S.C.
41(b)), and provides for a separate filing
fee (35 U.S.C. 41(a)), search fee (35
U.S.C. 41(d)(1)), and examination fee
(35 U.S.C. 41(a)(3)) during fiscal years
2005 and 2006. See Public Law 108–
447, 118 Stat. 2809, 2924–30 (2004). The
patent and trademark fee provisions of
the fiscal year 2005 Consolidated
Appropriations Act were extended
through September 30, 2008, by
subsequent legislation. See Public Law
110–161, 121 Stat. 1844 (2007), Public
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Law 110–149, 121 Stat. 1819 (2007),
Public Law 110–137, 121 Stat. 1454
(2007), Public Law 110–116, 121 Stat.
1295 (2007), Public Law 110–92, 121
Stat. 989 (2007), Public Law 110–5, 121
Stat. 8 (2007), Public Law 109–383, 120
Stat. 2678 (2006), Public Law 109–369,
120 Stat. 2642 (2006), and Public Law
109–289, 120 Stat. 1257 (2006).
Legislation is pending before Congress
which, if enacted, would extend the
patent and trademark fee provisions of
the fiscal year 2005 Consolidated
Appropriations Act through fiscal year
2009 (through September 30, 2009). See
S. 3182, 110th Cong. (2008).
Fee Adjustment Level: The patent
statutory fee amounts established by 35
U.S.C. 41(a) and (b) are adjusted to
reflect fluctuations occurring during the
twelve-month period from October 1,
2007, through September 30, 2008,
correspondingly, in the Consumer Price
Index for All Urban Consumers (CPI–U).
The Office of Management and Budget
has advised that in calculating these
fluctuations, the Office should use CPI–
U data as determined by the Secretary
of Labor. In accordance with previous
fee-setting methodology, the Office
bases this fee adjustment on the
Administration’s CPI–U for the twelvemonth period ending September 30,
2008.
The Office published a notice
proposing to adjust the patent fees
charged under 35 U.S.C. 41(a), (b), and
(d)(1) for fiscal year 2009 to reflect
fluctuations in the CPI. See Revision of
Patent Fees for Fiscal Year 2009, 73 FR
31655 (June 3, 2008), 1331 Off. Gaz. Pat.
Office 97 (June 24, 2008) (proposed
rule). While the proposed rule specified
fee amounts based upon a projected
CPI–U of 4.0 percent, the proposed rule
indicated that the fee amounts adopted
in a final rule may be based upon the
actual fluctuations in the CPI–U as
determined by the Secretary of Labor.
See Revision of Patent Fees for Fiscal
Year 2009, 73 FR at 31656, 1331–4 Off.
Gaz. Pat. Office at 98. After the date the
proposed rule was published, the
projected CPI–U for the twelve-month
period prior to the enactment of the fee
amount adjustments has increased from
4.0 percent to 5.0 percent. Thus, this
final rule adjusts the patent fees charged
under 35 U.S.C. 41(a), (b), and (d)(1) by
5.0 percent based upon the current
projected fluctuation in the CPI–U.
The fee amounts were rounded by
applying standard arithmetic rules so
that the amounts rounded will be
convenient to the user. Fees for other
than a small entity of $100 or more were
rounded to the nearest $10. Fees of less
than $100 were rounded to an even
E:\FR\FM\14AUR1.SGM
14AUR1
]]>Agencies
[Federal Register Volume 73, Number 158 (Thursday, August 14, 2008)]
[Rules and Regulations]
[Pages 47531-47534]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18789]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2008-0789]
RIN 1625-AA08
Special Local Regulation; Cape Fear Dragon Boat Festival,
Wilmington, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Cape Fear Dragon Boat Festival will take place on the Cape
Fear River in Wilmington, North Carolina on September 27, 2008. This
event will consist of four 45 foot long Dragon boats racing a 250 meter
course.
DATES: This rule is effective from 8 a.m. to 6 p.m. on September 27,
2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0789 and are available online
at www.regulations.gov. They are also available for inspection or
copying at two locations: the Docket Management Facility (M-30), U.S.
Department of
[[Page 47532]]
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays, and at Commander, Coast
Guard Sector North Carolina, 2301 East Fort Macon Rd., Atlantic Beach,
North Carolina 28512 between 8 a.m. and 4 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call the Marine Event Coordinator at Coast Guard Sector
North Carolina, C. D. Humphrey at (252) 247-4570. If you have questions
on viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because a delay in publication would be
contrary to the public interest since immediate action is needed to
protect the maritime public during the event. In order to ensure the
safety of life on navigable waters during this event, the Coast Guard
is establishing a special local regulation. The Coast Guard will issue
a broadcast notice to mariners to advise mariners of the restriction
and on scene Coast Guard and Coast Guard Auxiliary vessels will also
provide additional notice to mariners.
Background and Purpose
On September 27, 2008, the Cape Fear Dragon Boat Club will sponsor
the ``Cape Fear River Dragon Boat Festival.'' This festival will
include four 45 foot long Dragon Boats racing a straight line course
250 meters in length. The races will take place on the Cape Fear River
in front of the Wilmington River Walk, approximately 0.5 nautical miles
north of the Cape Fear River Memorial Bridge. To provide for the safety
of participants, spectators and other transiting vessels, the Coast
Guard will temporarily restrict vessel traffic in the event area during
the races.
Discussion of Rule
The Coast Guard is establishing a special local regulation on
specified waters of the Cape Fear River, Wilmington, North Carolina.
The special local regulation includes all waters from shoreline to
shoreline, bound by the following position latitude 34[deg]14'24'' N,
longitude 77[deg]57'08'' W thence south along the east bank of the
river to latitude 34[deg]14'00'' N, longitude 77[deg]56'58'' W, thence
west to latitude 34[deg]14'00'' N, longitude 77[deg]57'05'' W, thence
north along the west bank to latitude 34[deg]14'24'' N, longitude
77[deg]57'21'' W, thence east back to the point of origin. All
coordinates reference Datum NAD 1983. The special local regulation will
be in effect from 8 a.m. to 6 p.m. on September 27, 2008. The effect
will be to restrict general navigation in the regulated area during the
races. Except for persons or vessels authorized by the Coast Guard
Patrol Commander, no person or vessel may enter or remain in the
regulated area during the enforcement period. The Patrol Commander will
notify the public of specific enforcement times by Marine Radio Safety
Broadcast. These regulations are needed to control vessel traffic
during the event to enhance the safety of participants, spectators and
transiting vessels.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. Although this
regulation prevents traffic from transiting a portion of the Cape Fear
River during the event, the effect of this regulation will not be
significant due to the limited duration that the regulated area will be
in effect. Extensive advance notification will be made to the maritime
community via marine information broadcasts, local radio stations and
area newspapers so mariners can adjust their plans accordingly.
Additionally, the regulated area has been narrowly tailored to impose
the least impact on the maritime public yet provide the level of safety
deemed necessary. Vessel traffic will be able to transit the regulated
area between races, when the Coast Guard Patrol Commander deems it is
safe to do so.
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 will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
this section of the Cape Fear River from 8 a.m. to 6 p.m. on September
27, 2008. This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons:
(i) Although the regulated area will apply to the section of the
Cape Fear River approximately 0.5 nautical miles north of the Cape Fear
Memorial Bridge, traffic may be allowed to pass through the regulated
area with the permission of the Coast Guard Patrol Commander;
(ii) the Patrol Commander will allow non-participating vessels to
transit the event area between races;
(iii) the minimal size of the zone; and
(iv) before the enforcement period, the Coast Guard will issue
maritime advisories so mariners can adjust their plans accordingly.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The
[[Page 47533]]
Ombudsman evaluates these actions annually and rates each agency's
responsiveness to small business. If you wish to comment on actions by
employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The
Coast Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not 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 Department of Homeland Security
Management Directive 5100.1 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
under the Instruction 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)(h), of the Instruction, from further
environmental documentation.
Under figure 2-1, paragraph (34)(h), of the Instruction, an
``Environmental Analysis Checklist'' and a ``Categorical Exclusion
Determination'' are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and Waterways.
0
Accordingly, the Coast Guard temporarily amends 33 CFR part 100 as
follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add a temporary Sec. 100.35T-05-0789 to read as follows:
Sec. 100.35T-05-0789 Special Local Regulation, Cape Fear Dragon Boat
Festival.
(a) Regulated area. All waters of the Cape Fear River, adjacent to
Wilmington, North Carolina, approximately 0.5 nautical miles north of
the Cape Fear Memorial Bridge, starting from position latitude
34[deg]14'24'' N, longitude 77[deg]57'08'' W thence south along the
east bank of the river to latitude 34[deg]14'00'' N, longitude
77[deg]56'58'' W, thence west to latitude 34[deg]14'00'' N, longitude
77[deg]57'05'' W, thence north along the west bank to latitude
34[deg]14'24'' N, longitude 77[deg]57'21'' W, thence east back to the
point of origin. All coordinates reference Datum NAD 1983.
(b) Definitions. (1) Coast Guard Patrol Commander means a
commissioned, warrant, or petty officer of the Coast Guard who has been
designated by the Commander, Coast Guard Sector North Carolina.
(2) Official Patrol means any person or vessel assigned or approved
by Commander, Coast Guard Sector North Carolina with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign.
(3) Participant includes all vessels participating in the ``Cape
Fear Dragon Boat Festival'' under the auspices of the Marine Event
Permit issued to the event sponsor and approved by Commander, Coast
Guard Sector North Carolina.
(c) Special local regulations. (1) Except for persons or vessels
authorized
[[Page 47534]]
by the Coast Guard Patrol Commander, no person or vessel may enter or
remain in the regulated area.
(2) The operator of any vessel in the regulated area must:
(i) Stop the vessel immediately when instructed to do so by the
Official Patrol and then proceed as directed.
(ii) All persons and vessels shall comply with the instructions of
the Official Patrol.
(iii) When authorized to transit the regulated area, all vessels
shall proceed at the minimum speed necessary to maintain a safe course
that minimizes wake near the race course.
(d) Enforcement period. This section will be effective from 8 a.m.
to 6 p.m. on September 27, 2008.
Dated: August 4, 2008.
F.M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, District Five Commander.
[FR Doc. E8-18789 Filed 8-13-08; 8:45 am]
BILLING CODE 4910-15-P
