Changes To Implement Provisions of the Trademark Modernization Act of 2020; Delay of Effective Date

• Court: United States Patent And Trademark Office
• Citation: 88 FR 62463
• Published date: 12 September 2023
• Record Number: 2023-19669
• Section: Rules and Regulations

62463

Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Rules and Regulations

particular, the Act addresses actions

that may result in the expenditure by a

State, local, or tribal government, in the

aggregate, or by the private sector of

$100,000,000 (adjusted for inflation) or

more in any one year. Though this rule

will not result in such expenditure, we

do discuss the effects of this rule

elsewhere in this preamble.

F. Environment

We have analyzed this rule under

Department of Homeland Security

Directive 023–01, Rev. 1, associated

implementing instructions and

Environmental Planning COMDTINST

5090.1 (series), which guide the Coast

Guard in complying with the National

Environmental Policy Act of 1969 (42

U.S.C. 4321–4370f), and have

determined that this action is one of a

category of actions that do not

individually or cumulatively have a

significant effect on the human

environment. This rule involves a safety

zone that will prohibit persons and

vessels from entering, transiting

through, anchoring in, or remaining

within a limited area on the navigable

waters of the Atlantic Ocean located

within the line connecting points

beginning at 31°59′43.62″ N,

080°49′58.74″ W, thence to 31°58′56.66″

N, 080°50′16.73″ W, thence to

31°59′5.73″ N, 080°50′49.50″ W, thence

to 31°59′52.64″ N, 080°50′31.52″ W, and

back to the beginning point, during Air

National Guard’s aerial demonstration

of the F–22A Raptor aircraft lasting

three hours. It is categorically excluded

from further review under paragraph

L60(a) of Appendix A, Table 1 of DHS

Instruction Manual 023–01–001–01,

Rev. 1. A Record of Environmental

Consideration supporting this

determination is available in the docket.

For instructions on locating the docket,

see the

ADDRESSES

section of this

preamble.

G. Protest Activities

The Coast Guard respects the First

Amendment rights of protesters.

Protesters are asked to contact the

person listed in the

FOR FURTHER

INFORMATION CONTACT

section to

coordinate protest activities so that your

message can be received without

jeopardizing the safety or security of

people, places or vessels.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR part 165 as follows:

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS AREAS

■1. The authority citation for part 165

continues to read as follows:

Authority: 46 U.S.C. 70034, 70051, 70124;

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;

Department of Homeland Security Delegation

No. 00170.1, Revision No. 01.3.

■2. Add § 165.T07–0709 to read as

follows:

§ 165.T07–0709 Safety Zone; Atlantic

Ocean, Tybee Island, GA.

(a) Location. The following regulated

area is a safety zone: All waters of the

Atlantic Ocean, located within the line

connecting points beginning at

31°59′43.62″ N, 080°49′58.74″ W, thence

to 31°58′56.66″ N, 080°50′16.73″ W,

thence to 31°59′5.73″ N, 080°50′49.50″

W, thence to 31°59′52.64″ N,

080°50′31.52″ W, and back to the

beginning point. All coordinates are

World Geodetic System 1984 (WGS 84).

(b) Definition. As used in this section,

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 Savannah (COTP) in

the enforcement of the safety zone.

(c) Regulations. (1) All persons and

vessels are prohibited from entering,

transiting through, anchoring in, or

remaining within the regulated area

described in paragraph (a) of this

section unless authorized by the COTP

or a designated representative.

(2) Persons or vessels desiring to

enter, transit through, anchor in, or

remain within the safety zone may

contact COTP by telephone at 912–247–

0073, or a designated representative via

VHF radio on channel 16, to request

authorization. If authorization is

granted, all persons and vessels

receiving such authorization must

comply with the instructions of the

COTP Savannah or a designated

representative.

(3) The Coast Guard will provide

notice of the regulated area by Broadcast

Notice to Mariners via VHF–FM channel

16, and/or by on-scene designated

representatives.

(d) Enforcement period. This section

will be enforced from 10 a.m. to 1 p.m.

on September 13, 2023.

Dated: September 1, 2023.

Nathaniel L. Robinson,

Commander, U.S. Coast Guard, Captain of

the Port Savannah.

[FR Doc. 2023–19559 Filed 9–11–23; 8:45 am]

BILLING CODE 9110–04–P

DEPARTMENT OF COMMERCE

United States Patent and Trademark

Office

37 CFR Parts 2 and 7

[Docket No. PTO–T–2021–0008]

RIN 0651–AD71

Changes To Implement Provisions of

the Trademark Modernization Act of

2020; Delay of Effective Date

AGENCY

: United States Patent and

Trademark Office, U.S. Department of

Commerce.

ACTION

: Final rule; delay of effective

date.

SUMMARY

: On November 17, 2021, the

United States Patent and Trademark

Office (USPTO) published in the

Federal Register a final rule amending

its regulations to implement provisions

of the Trademark Modernization Act of

2020 (TMA) concerning new response

periods and extensions in the

examination of post-registration filings.

Those provisions had an effective date

of December 1, 2022. On October 13,

2022, the provisions regarding

responses and extensions in the

examination of post-registration filings

were subsequently delayed until

October 7, 2023. This notice further

delays the provisions that address the

post-registration provisions until the

spring or early summer of 2024.

DATES

: As of September 12, 2023, the

effective date for amendatory

instructions 29, 30, 31, 33, 34, 37, 38,

and 39 amending 37 CFR 2.163, 2.165,

2.176, 2.184, 2.186, 7.6, 7.39, and 7.40,

respectively, in the final rule published

at 86 FR 64300 on November 17, 2021,

delayed at 87 FR 62032 on October 13,

2022, is delayed indefinitely. Also, as of

September 12, 2023, the effective date of

the amendment to 37 CFR 2.6 in the

final rule published at 87 FR 62032 on

October 13, 2022, is delayed

indefinitely. The USPTO will publish a

forthcoming Federal Register document

announcing a new effective date.

FOR FURTHER INFORMATION CONTACT

:

Catherine Cain, Office of the Deputy

Commissioner for Trademark

Examination Policy, at 571–272–8946.

You can also send inquiries to

TMFRNotices@uspto.gov.

SUPPLEMENTARY INFORMATION

: On

November 17, 2021, the USPTO

published in the Federal Register a final

rule amending the Rules of Practice in

Trademark Cases to implement

provisions of the TMA. See Changes To

Implement Provisions of the Trademark

Modernization Act of 2020 (86 FR

VerDate Sep<11>2014 16:24 Sep 11, 2023 Jkt 259001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\12SER1.SGM 12SER1

lotter on DSK11XQN23PROD with RULES1

62464

Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Rules and Regulations

64300). That final rule was published

under Regulatory Identification Number

(RIN) 0651–AD55. As part of that final

rule, the USPTO set a period of three

months for responses to post-

registration office actions and provided

the option to request a single three-

month extension of the deadline, subject

to the payment of a fee. The final rule

stated that the post-registration changes

would go into effect on December 1,

2022.

On October 13, 2022, the USPTO

published in the Federal Register a final

rule delaying the effective date for

responses and extensions in the

examination of post-registration filings

from December 1, 2022, until October 7,

2023. See Changes To Implement

Provisions of the Trademark

Modernization Act of 2020; Delay of

Effective Date and Correction (87 FR

62032).

Under this final rule, the USPTO is

further delaying the provisions that

address post-registration responses and

extensions. The USPTO anticipates that

these provisions will go into effect

sometime in the spring or early summer

of 2024.

The USPTO is currently upgrading its

internal and public databases, search

system, and internal examination

systems. These major updates will

provide far-reaching efficiencies for

both customers and staff. The

implementation of the regulatory

changes to post-registration responses

and extensions cannot be completed

until the migration to the new systems

is complete. The USPTO anticipates that

this will occur in the spring or early

summer of 2024. The delay will also

provide the public with additional time

to prepare for the new response periods.

The USPTO will publish a final rule in

the Federal Register providing the new

effective date of the provisions

addressing post-registration responses

and extensions once it has been

determined.

In the final rule published at 86 FR

64300, the cross-reference in 37 CFR

7.40(b) to ‘‘§ 7.39(b) and (c)’’ is

incorrect. The reference should have

been to ‘‘§ 7.39(a) and (b).’’ When the

USPTO publishes a final rule providing

the new effective date of the provisions

addressing post-registration responses

and extensions, that section will also be

corrected.

Rulemaking Requirements

A. Administrative Procedure Act: The

changes in this rulemaking involve rules

of agency practice and procedure, and/

or interpretive rules. See Perez v. Mortg.

Bankers Ass’n, 135 S. Ct. 1199, 1204

(2015) (Interpretive rules ‘‘advise the

public of the agency’s construction of

the statutes and rules which it

administers.’’ (citation and internal

quotation marks omitted)); Nat’l Org. of

Veterans’ Advocates v. Sec’y of Veterans

Affairs, 260 F.3d 1365, 1375 (Fed. Cir.

2001) (Rule that clarifies interpretation

of a statute is interpretive.); Bachow

Commc’ns Inc. v. FCC, 237 F.3d 683,

690 (D.C. Cir. 2001) (Rules governing an

application process are procedural

under the Administrative Procedure

Act.); Inova Alexandria Hosp. v.

Shalala, 244 F.3d 342, 350 (4th Cir.

2001) (Rules for handling appeals were

procedural where they did not change

the substantive standard for reviewing

claims.).

Accordingly, prior notice and an

opportunity for public comment for the

changes in this rulemaking are not

required pursuant to 5 U.S.C. 553(b) or

(c), or any other law. See Perez, 135 S.

Ct. at 1206 (Notice-and-comment

procedures are required neither when

an agency ‘‘issue[s] an initial

interpretive rule’’ nor ‘‘when it amends

or repeals that interpretive rule.’’);

Cooper Techs. Co. v. Dudas, 536 F.3d

1330, 1336–37 (Fed. Cir. 2008) (stating

that 5 U.S.C. 553, and thus 35 U.S.C.

2(b)(2)(B), does not require notice-and-

comment rulemaking for ‘‘interpretative

rules, general statements of policy, or

rules of agency organization, procedure,

or practice’’ (quoting 5 U.S.C.

553(b)(A))).

Moreover, the Under Secretary of

Commerce for Intellectual Property and

Director of the USPTO, pursuant to the

authority at 5 U.S.C. 553(b)(B), finds

good cause to adopt the change to the

effective date without prior notice and

an opportunity for public comment, as

such procedures would be impracticable

and contrary to the public interest. The

USPTO is currently upgrading its

internal and public databases, search

system, and internal examination

systems. These major updates will

provide far-reaching efficiencies for

both customers and staff. The

implementation of the regulatory

changes to post-registration responses

and extensions cannot be completed

until the migration to the new systems

is complete. The USPTO anticipates that

this will occur in the spring or early

summer of 2024. The delay will also

provide the public with additional time

to prepare for the new response periods.

Delay of this provision to provide prior

notice and comment procedures is also

impracticable because it would allow

the provisions to go into effect before

the agency is ready to implement the

regulatory changes regarding post-

registration responses and extensions.

The Director also finds good cause

under 5 U.S.C. 553(d)(3) to waive the

30-day delay in effectiveness of this

rule. Immediate implementation of the

delay in the effective date is in the

public interest because it will provide

the agency the ability to effectively

manage and utilize the resources needed

to complete all these initiatives. The

delay will also provide the public with

additional time to prepare for the new

response periods. Delay of this rule to

provide for the 30-day delay in

effectiveness is impracticable because it

would allow the provisions to go into

effect before the agency is ready to

implement the regulatory changes

regarding post-registration responses

and extensions.

B. Regulatory Flexibility Act: As prior

notice and an opportunity for public

comment are not required pursuant to 5

U.S.C. 553 or any other law, neither a

Regulatory Flexibility Act analysis nor a

certification under the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.) is

required. See 5 U.S.C. 603.

C. Executive Order 12866 (Regulatory

Planning and Review): This rule has

been determined to be not significant for

purposes of Executive Order 12866

(Sept. 30, 1993).

Katherine K. Vidal,

Under Secretary of Commerce for Intellectual

Property and Director of the United States

Patent and Trademark Office.

[FR Doc. 2023–19669 Filed 9–11–23; 8:45 am]

BILLING CODE 3510–16–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[EPA–HQ–OPP–2020–0065; FRL–8786–01–

OCSPP]

Fluazaindolizine; Pesticide Tolerances

AGENCY

: Environmental Protection

Agency (EPA).

ACTION

: Final rule.

SUMMARY

: This regulation establishes

tolerances for residues of

fluazaindolizine in or on multiple

commodities that are identified and

discussed later in this document. E.I. du

Pont de Nemours & Company

(‘‘DuPont’’, now Corteva) requested

these tolerances under the Federal Food,

Drug, and Cosmetic Act (FFDCA).

DATES

: This regulation is effective

September 12, 2023. Objections and

requests for hearings must be received

on or before November 13, 2023, and

must be filed in accordance with the

instructions provided in 40 CFR part

VerDate Sep<11>2014 16:24 Sep 11, 2023 Jkt 259001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\12SER1.SGM 12SER1

lotter on DSK11XQN23PROD with RULES1