Miscellaneous Changes to Trademark Trial and Appeal Board Rules of Practice; Correction, 89382-89383 [2016-29728]
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89382
Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations
Dated: December 6, 2016.
Aaron Santa Anna,
Assistant General Counsel for Regulations.
[FR Doc. 2016–29643 Filed 12–9–16; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2016–1037]
Drawbridge Operation Regulation;
Connecticut River, East Haddam, CT
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Route 82
Bridge across the Connecticut River,
mile 16.8, at East Haddam, Connecticut.
This deviation is necessary to allow the
bridge owner to perform emergency
repairs at the bridge. This deviation
allows the bridge to be opened with a
15 minute advance notice during the
hours of 7 a.m. through 5 p.m. on
December 20, 2016 and December 27,
2016.
DATES: This deviation is effective from
7 a.m. on December 20, 2016 to 5 p.m.
on December 27, 2016.
ADDRESSES: The docket for this
deviation, [USCG–2016–1037] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH’’.
Click on Open Docket Folder on the line
associated with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Judy Leung-Yee,
Project Officer, First Coast Guard
District, telephone (212) 514–4330,
email judy.k.leung-yee@uscg.mil.
SUPPLEMENTARY INFORMATION: The Route
82 Bridge, mile 16.8, across the
Connecticut River, has a vertical
clearance in the closed position of 22
feet at mean high water and 25 feet at
mean low water. The existing bridge
operating regulations are found at 33
CFR 117.205(c).
The waterway is transited by seasonal
recreational traffic and some
commercial barge traffic of various
sizes.
The bridge owner, Connecticut
Department of Transportation, requested
a temporary deviation from the normal
operating schedule to perform
emergency repairs at the bridge.
mstockstill on DSK3G9T082PROD with RULES
SUMMARY:
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Under this temporary deviation, the
Route 82 Bridge shall open on signal on
December 20, 2016 between 7 a.m. and
5 p.m. and on December 27, 2016
between 7 a.m. and 5 p.m. if at least 15
minutes advance notice is given by
calling the number posted at the bridge.
Vessels able to pass under the bridge
in the closed position may do so at
anytime. The bridge will not be able to
open for emergencies and there is no
immediate alternate route for vessels to
pass.
The Coast Guard will inform the users
of the waterways through our Local
Notice and Broadcast to Mariners of the
change in operating schedule for the
bridge so that vessel operations can
arrange their transits to minimize any
impact caused by the temporary
deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: December 7, 2016.
C.J. Bisignano,
Supervisory Bridge Management Specialist,
First Coast Guard District.
[FR Doc. 2016–29732 Filed 12–9–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 2
[Docket No. PTO–T–2016–0053]
RIN 0651–AD13
Miscellaneous Changes to Trademark
Trial and Appeal Board Rules of
Practice; Correction
United States Patent and
Trademark Office, Commerce.
ACTION: Final rule; correction.
AGENCY:
The United States Patent and
Trademark Office published in the
Federal Register on October 7, 2016 a
final rule, which will become effective
on January 14, 2017, revising the Rules
of Practice before the Trademark Trial
and Appeal Board. This document
corrects errors in certain crossreferences, clarifies the manner of
testimony taken in a foreign country and
the process in depositions upon written
questions, and reincorporates the time
frames for cross appeals and cross
actions in that rule.
SUMMARY:
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This rule is effective January 14,
2017, and applies to all proceedings
pending on or after the effective date.
FOR FURTHER INFORMATION CONTACT:
Cheryl Butler, Trademark Trial and
Appeal Board, by email at
TTABFRNotices@uspto.gov, or by
telephone at (571) 272–4259.
SUPPLEMENTARY INFORMATION: The
USPTO issues this final rule to correct
inadvertent errors in certain crossreferences in §§ 2.124(f) and 2.126(c), to
clarify the manner of testimony taken in
a foreign country in § 2.123(a)(2), to
clearly incorporate cross-examination in
the process of depositions upon written
questions in § 2.124(d)(1), and to
reincorporate explicit timing
requirements for cross-appeals and
cross-actions in § 2.145(d)(1) and (3) of
its October 7, 2016 final rule revising
the Trademark Trial and Appeal Board
Rules of Practice. (81 FR 69950)
(published under RIN 0651–AC35).
The first sentence of § 2.123(a)(2) is
clarified to separate motions to take
depositions upon written questions by
oral examination from testimony by
affidavit or declaration. To implement
this clarification, the phrase ‘‘A
testimonial deposition’’ is replaced with
‘‘Testimony’’ and the clause ‘‘by
affidavit or declaration, subject to the
right of any adverse party to elect to take
and bear the expense of crossexamination by written questions of that
witness’’ is moved to clearly delineate
it.
The first sentence of § 2.124(d)(1)
should cross reference paragraphs (b)(1)
and (2) rather than only (b). A paragraph
was added to § 2.124(b) which operated
to renumber that section, and the cross
reference was not updated. In addition,
in the first, third and sixth sentences,
further clarification was needed to
clearly incorporate the timing for crossexamination upon written questions of
testimony by affidavit or declaration.
The second sentence of § 2.124(f)
should cross reference § 2.125(c) rather
than § 2.125(b). A paragraph was added
to § 2.125, which operated to renumber
that section, and the cross reference was
not updated.
The first sentence of § 2.126(c) should
cross reference § 2.125(f) rather than
§ 2.125(e). A paragraph was added to
§ 2.125, which operated to renumber
that section, and the cross reference was
not updated.
The October 7, 2016 final rule
amended the timing requirements for
appeals and civil actions, but
inadvertently omitted the timing
requirement for cross-actions from
§ 2.145(d)(3). Therefore, this correction
revises the last sentence in § 2.145(d)(3)
DATES:
E:\FR\FM\12DER1.SGM
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Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations
to reincorporate the timing requirement
for cross-actions. Also, this correction
revises § 2.145(d)(1) concerning crossappeals to have consistency between
§ 2.145(d)(3) and (d)(1).
This correcting rule may be issued
without prior notice and opportunity for
comment as the corrections are
nonsubstantive and being implemented
to avoid inconsistencies and confusion
with the rule issued on October 7, 2016.
The USPTO corrects the errors as
discussed below.
In FR Doc. 2016–23092, published on
October 7, 2016 (81 FR 69950), make the
following corrections:
§ 2.123
[Corrected]
1. On page 69981, column 2, in
paragraph (a)(2) of § 2.123, the first
sentence is corrected to read
‘‘Testimony taken in a foreign country
shall be taken: by deposition upon
written questions as provided by
§ 2.124, unless the Board, upon motion
for good cause, orders that the
deposition be taken by oral
examination, or the parties so stipulate;
or by affidavit or declaration, subject to
the right of any adverse party to elect to
take and bear the expense of crossexamination by written questions of that
witness.’’
■
§ 2.124
2. On page 69982, column 3, in
paragraph (d)(1) of § 2.124:
■ i. The cross reference to ‘‘paragraph
(b)’’ is corrected to read ‘‘paragraphs
(b)(1) and (2)’’;
■ ii. The term ‘‘direct testimony’’ is
corrected to read ‘‘direct examination’’
in both instances;
■ iii. In the third sentence the phrase
‘‘or service of a testimony affidavit or
declaration,’’ is added before the phrase
‘‘any adverse party may serve cross
questions upon the party who proposes
to take the deposition’’; and
■ iv. In the sixth sentence the phrase ‘‘or
who earlier offered testimony of the
witness by affidavit or declaration’’ is
added after the phrase ‘‘any party who
served cross questions may serve recross
questions upon the party who proposes
to take the deposition’’.
3. On page 69983, column 1, in
paragraph (f) of § 2.124, the cross
reference to ‘‘§ 2.125(b)’’ is corrected to
read ‘‘§ 2.125(c)’’.
mstockstill on DSK3G9T082PROD with RULES
■
[Corrected]
4. On page 69983, column 3, in
paragraph (c) of § 2.126, the cross
reference to ‘‘§ 2.125(e)’’ is corrected to
read ‘‘§ 2.125(f)’’.
■
VerDate Sep<11>2014
16:18 Dec 09, 2016
[Corrected]
5. On page 69987, column 2, in
paragraph (d)(1) of § 2.145, the last
sentence is removed and added in its
place is ‘‘In inter partes cases, the time
for filing a notice of cross-appeal expires
14 days after service of the notice of
appeal or 63 days from the date of the
decision of the Trademark Trial and
Appeal Board or the Director, whichever
is later.’’
■ 6. On page 69987, column 2, in
paragraph (d)(3) of § 2.145, this final
sentence is added ‘‘In inter partes cases,
the time for filing a cross-action expires
14 days after service of the summons
and complaint or 63 days from the date
of the decision of the Trademark Trial
and Appeal Board or the Director,
whichever is later.’’
■
Dated: December 6, 2016.
Michelle K. Lee,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2016–29728 Filed 12–9–16; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AP35
[Corrected]
■
§ 2.126
§ 2.145
Jkt 241001
Tiered Pharmacy Copayments for
Medications
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) adopts as a final rule, with
changes, a proposal to amend its
regulations concerning copayments
charged to certain veterans for
medication required on an outpatient
basis to treat nonservice-connected
conditions. Prior to this final rule, VA
charged non-exempt veterans either $8
or $9 for each 30-day or less supply of
medication, and that amount may have
changed in future years. This
rulemaking replaces those rates and
establishes three classes of medications
for copayment purposes, identified as
Tier 1, Tier 2, and Tier 3. These tiers are
defined further in the rulemaking and
are distinguished in part based on
whether the medications are available
from multiple sources or a single source,
with some exceptions. Copayment
amounts are fixed and would vary
depending upon the class of medication.
The following medication copayment
amounts are applicable on the effective
date of this final rule: $5 for a 30-day
or less supply of a Tier 1 medication, $8
SUMMARY:
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89383
for a 30-day or less supply of a Tier 2
medication, and $11 for a 30-day or less
supply of a Tier 3 medication. For nonexempt veterans these copayment
amounts will result in lower out-ofpocket costs, thereby encouraging
greater adherence to taking prescribed
medications and reducing the risk of
fragmented care that results when
veterans use non-VA pharmacies to fill
their prescriptions. The proposed rule
was published on January 5, 2016 and
the public comment period closed on
March 7, 2016. We received nine
comments and respond to these
comments here.
DATES: Effective Date: This rule is
effective on February 27, 2017.
FOR FURTHER INFORMATION CONTACT:
Bridget Souza, Office of Community
Care (10D), Veterans Health
Administration, Department of Veterans
Affairs, 810 Vermont Avenue NW.,
Washington, DC 20420, (202) 382–2537.
(This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: Under 38
U.S.C. 1722A(a), VA must require
veterans to pay at least a $2 copayment
for each 30-day supply of medication
furnished on an outpatient basis for the
treatment of a non-service-connected
disability or condition, unless the
veteran is exempt from having to pay a
copayment because the veteran has a
service-connected disability rated 50
percent or more, is a former prisoner of
war, or has an annual income at or
below the maximum annual rate of VA
pension that would be payable if the
veteran were eligible for pension. VA
has the authority under 38 U.S.C.
1722A(b) to increase that copayment
amount and establish a maximum
annual copayment amount (a ‘‘cap’’)
through regulation. We have
implemented this statute in 38 CFR
17.110. Both the copayment amount for
certain priority groups, as well as an
annual cap on those copayments, are
addressed in 38 CFR 17.110(b).
On January 5, 2016, we proposed a
new medication copayment formula, in
order to address longstanding concerns
that the regulatory formula VA had been
using was not competitive with non-VA
retail copayment structures, lacked
parity, may result in decreased
medication adherence, and increased
the likelihood of fragmented care due to
price-shopping. 81 FR 196. The public
comment period closed March 7, 2016,
and we received nine comments, all of
which were generally supportive.
Several commenters expressed strong
support for lowering the annual
medication copayment amount.
However, several commenters urged VA
to make changes to different aspects of
E:\FR\FM\12DER1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)]
[Rules and Regulations]
[Pages 89382-89383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29728]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 2
[Docket No. PTO-T-2016-0053]
RIN 0651-AD13
Miscellaneous Changes to Trademark Trial and Appeal Board Rules
of Practice; Correction
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office published in the
Federal Register on October 7, 2016 a final rule, which will become
effective on January 14, 2017, revising the Rules of Practice before
the Trademark Trial and Appeal Board. This document corrects errors in
certain cross-references, clarifies the manner of testimony taken in a
foreign country and the process in depositions upon written questions,
and reincorporates the time frames for cross appeals and cross actions
in that rule.
DATES: This rule is effective January 14, 2017, and applies to all
proceedings pending on or after the effective date.
FOR FURTHER INFORMATION CONTACT: Cheryl Butler, Trademark Trial and
Appeal Board, by email at TTABFRNotices@uspto.gov, or by telephone at
(571) 272-4259.
SUPPLEMENTARY INFORMATION: The USPTO issues this final rule to correct
inadvertent errors in certain cross-references in Sec. Sec. 2.124(f)
and 2.126(c), to clarify the manner of testimony taken in a foreign
country in Sec. 2.123(a)(2), to clearly incorporate cross-examination
in the process of depositions upon written questions in Sec.
2.124(d)(1), and to reincorporate explicit timing requirements for
cross-appeals and cross-actions in Sec. 2.145(d)(1) and (3) of its
October 7, 2016 final rule revising the Trademark Trial and Appeal
Board Rules of Practice. (81 FR 69950) (published under RIN 0651-AC35).
The first sentence of Sec. 2.123(a)(2) is clarified to separate
motions to take depositions upon written questions by oral examination
from testimony by affidavit or declaration. To implement this
clarification, the phrase ``A testimonial deposition'' is replaced with
``Testimony'' and the clause ``by affidavit or declaration, subject to
the right of any adverse party to elect to take and bear the expense of
cross-examination by written questions of that witness'' is moved to
clearly delineate it.
The first sentence of Sec. 2.124(d)(1) should cross reference
paragraphs (b)(1) and (2) rather than only (b). A paragraph was added
to Sec. 2.124(b) which operated to renumber that section, and the
cross reference was not updated. In addition, in the first, third and
sixth sentences, further clarification was needed to clearly
incorporate the timing for cross-examination upon written questions of
testimony by affidavit or declaration.
The second sentence of Sec. 2.124(f) should cross reference Sec.
2.125(c) rather than Sec. 2.125(b). A paragraph was added to Sec.
2.125, which operated to renumber that section, and the cross reference
was not updated.
The first sentence of Sec. 2.126(c) should cross reference Sec.
2.125(f) rather than Sec. 2.125(e). A paragraph was added to Sec.
2.125, which operated to renumber that section, and the cross reference
was not updated.
The October 7, 2016 final rule amended the timing requirements for
appeals and civil actions, but inadvertently omitted the timing
requirement for cross-actions from Sec. 2.145(d)(3). Therefore, this
correction revises the last sentence in Sec. 2.145(d)(3)
[[Page 89383]]
to reincorporate the timing requirement for cross-actions. Also, this
correction revises Sec. 2.145(d)(1) concerning cross-appeals to have
consistency between Sec. 2.145(d)(3) and (d)(1).
This correcting rule may be issued without prior notice and
opportunity for comment as the corrections are nonsubstantive and being
implemented to avoid inconsistencies and confusion with the rule issued
on October 7, 2016. The USPTO corrects the errors as discussed below.
In FR Doc. 2016-23092, published on October 7, 2016 (81 FR 69950),
make the following corrections:
Sec. 2.123 [Corrected]
0
1. On page 69981, column 2, in paragraph (a)(2) of Sec. 2.123, the
first sentence is corrected to read ``Testimony taken in a foreign
country shall be taken: by deposition upon written questions as
provided by Sec. 2.124, unless the Board, upon motion for good cause,
orders that the deposition be taken by oral examination, or the parties
so stipulate; or by affidavit or declaration, subject to the right of
any adverse party to elect to take and bear the expense of cross-
examination by written questions of that witness.''
Sec. 2.124 [Corrected]
0
2. On page 69982, column 3, in paragraph (d)(1) of Sec. 2.124:
0
i. The cross reference to ``paragraph (b)'' is corrected to read
``paragraphs (b)(1) and (2)'';
0
ii. The term ``direct testimony'' is corrected to read ``direct
examination'' in both instances;
0
iii. In the third sentence the phrase ``or service of a testimony
affidavit or declaration,'' is added before the phrase ``any adverse
party may serve cross questions upon the party who proposes to take the
deposition''; and
0
iv. In the sixth sentence the phrase ``or who earlier offered testimony
of the witness by affidavit or declaration'' is added after the phrase
``any party who served cross questions may serve recross questions upon
the party who proposes to take the deposition''.
0
3. On page 69983, column 1, in paragraph (f) of Sec. 2.124, the cross
reference to ``Sec. 2.125(b)'' is corrected to read ``Sec.
2.125(c)''.
Sec. 2.126 [Corrected]
0
4. On page 69983, column 3, in paragraph (c) of Sec. 2.126, the cross
reference to ``Sec. 2.125(e)'' is corrected to read ``Sec.
2.125(f)''.
Sec. 2.145 [Corrected]
0
5. On page 69987, column 2, in paragraph (d)(1) of Sec. 2.145, the
last sentence is removed and added in its place is ``In inter partes
cases, the time for filing a notice of cross-appeal expires 14 days
after service of the notice of appeal or 63 days from the date of the
decision of the Trademark Trial and Appeal Board or the Director,
whichever is later.''
0
6. On page 69987, column 2, in paragraph (d)(3) of Sec. 2.145, this
final sentence is added ``In inter partes cases, the time for filing a
cross-action expires 14 days after service of the summons and complaint
or 63 days from the date of the decision of the Trademark Trial and
Appeal Board or the Director, whichever is later.''
Dated: December 6, 2016.
Michelle K. Lee,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2016-29728 Filed 12-9-16; 8:45 am]
BILLING CODE 3510-16-P
