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432, Catoosa, OK, that will prohibit
entry into this zone. The safety zone
will only be enforced while operations
preclude the safe navigation of theestablished channel. It is categorically
excluded from further review underparagraph L60(a) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 1. A Record ofEnvironmental Consideration
supporting this determination isavailable 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 call or email the
person listed in the FOR FURTHERINFORMATION CONTACT section tocoordinate protest activities so that yourmessage can be received without
jeopardizing the safety or security ofpeople, places or vessels.

Dated: October 5, 2022.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of thePort Sector Lower Mississippi River.

List of Subjects in 33 CFR Part 165[FR Doc. 2022–22218 Filed 10–12–22; 8:45 am]

Harbors, Marine safety, Navigation(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in thepreamble, the Coast Guard amends 33
CFR part 165 as follows:

BILLING CODE 9110–04–P

PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS[Docket No. PTO–T–2021–0008]

DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Parts 2 and 7■ 1. The authority citation for part 165

continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.2.

RIN 0651–AD55

Changes To Implement Provisions of
the Trademark Modernization Act of
2020; Delay of Effective Date andCorrection
AGENCY: United States Patent andTrademark Office, Commerce.

■ 2. Add § 165.T08–0851 to read as

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section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’srepresentative via VHF–FM channel 16
or by telephone at 314–269–2332. Thosein the safety zone must comply with all
lawful orders or directions given tothem by the COTP or the COTP’s
designated representative.
(d) Enforcement period. This safetyzone will be enforced from 8 a.m. to 7
p.m. on October 14, 2022.
(e) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
times and date for this safety zone
through Broadcast Notices to Mariners,
Local Notices to Mariners, and/or Safety
Marine Information Broadcasts, as
appropriate.

follows:

ACTION: Final rule and final rule; delay§ 165.T08–0851 Safety Zone; Verdigris
River, MM 431 through MM 432, Catoosa,
OK.

SUMMARY: On November 17, 2021, theof effective date and correction.

(a) Location. The following area is asafety zone: All navigable waters of the
Verdigris River in the vicinity of MM
431 through MM 432, Catoosa, OK.
(b) Definitions. As used in thissection, designated representativemeans a commissioned, warrant, or
petty officer of the U.S. Coast Guard
assigned to units under the operational
control of USCG Sector Lower
Mississippi River designated by orassisting the Captain of the Port Sector
Lower Mississippi River (COTP) in theenforcement of the safety zone.
(c) Regulations. (1) Under the generalsafety zone regulations in subpart C ofthis part, you may not enter the safetyzone described in paragraph (a) of this

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United States Patent and Trademark
Office (USPTO or Office) published in
the Federal Register a final ruleamending its regulations to implement
provisions of the Trademark
Modernization Act of 2020 (TMA). Thisaction changes the effective date for the
regulations published in the November
17, 2021, final rule that established new
Office action response periods and set
fees for requests to extend Office action
response deadlines. This action resets
the effective date for responses andextensions from December 1, 2022, toDecember 3, 2022, in the examination of
applications, and from December 1,
2022, to October 7, 2023, in theexamination of post-registration filings.
DATES:

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Delay of effective date: As of October
13, 2022, in the final rule published at
86 FR 64300 on November 17, 2021, theeffective date of amendatory
instructions 3 (§ 2.6), 10 (§ 2.62), 11(§ 2.63), 12 (§ 2.65), and 13 (§ 2.66) isdelayed from December 1, 2022, toDecember 3, 2022, and the effective dateof amendatory instructions 29 (§ 2.163),30 (§ 2.165), 31 (§ 2.176), 33 (§ 2.184), 34(§ 2.186), 37 (§ 7.6), 38 (§ 7.39), and 39(§ 7.40) is delayed from December 1,
2022, to October 7, 2023.
Correction date: The correction to§ 2.6 in this final rule is effective
December 3, 2022.
Effective date: The amendment to§ 2.6 in this final rule is effective
October 7, 2023.
FOR FURTHER INFORMATION CONTACT:Catherine Cain, Office of the Deputy
Commissioner for Trademark
Examination Policy, USPTO, at 571–
272–8946 or TMPolicy@uspto.gov.
SUPPLEMENTARY INFORMATION: On
November 17, 2021, the USPTO
published in the Federal Register a final
rule amending the Rules of Practice inTrademark Cases to implement
provisions of the TMA (86 FR 64300).
As part of that final rule, the USPTO
amended 37 CFR 2.62 to: (1) set a periodof three months for responses to Officeactions in applications under sections 1
and/or 44 of the Trademark Act (Act),and (2) provide the option to request asingle three-month extension of thedeadline, subject to the payment of afee. The three-month response period
and extension also applied to Officeactions issued in connection with postregistration maintenance and renewal
filings. The deadline for responses to
Office actions issued in connection withapplications under section 66(a) of the
Act was not changed in that final ruleand remains at six months. The final
rule stated that the other changes would
go into effect on December 1, 2022.
Under this final rule, the USPTO
hereby resets the effective date for the
regulations establishing Office action
response periods and setting fees forrequests to extend Office action
response deadlines. The three-month
response deadline and extension
provisions for Office actions issued inconnection with applications will beeffective on December 3, 2022. The
three-month response deadline andextension provisions for Office actions
issued regarding post-registration
maintenance filings will go into effecton October 7, 2023.
The change to the response deadline
and the provision of an extension
request involve significant updates tothe USPTO’s information technology

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The two-day change in the effective date
to Saturday, December 3, 2022, for
Office actions issued prior toregistration will allow the USPTO to
deploy the necessary IT updates without
impacting applicants who have a
response deadline of December 3, 2022,
for Office actions issued prior to theeffective date. When the deadline for a
response to an Office action falls on a
Saturday, Sunday, or Federal holiday,
the response is considered timely if theaction is received, or the fee is paid, on
the following day that is not a Saturday,
Sunday, or Federal holiday. 35 U.S.C.
21(b); 37 CFR 2.196. In the event of an
unanticipated interruption in theTrademark Electronic Application
System on December 3, 2022, parties
who have a response due on that datewould have until Monday, December 5,
2022, to submit a timely response.
Postponing the changes with regard to
the deadline to respond to postregistration Office actions to October 7,
2023, will allow the USPTO additionaltime to update IT systems for the postregistration changes. This final rule will
also provide the public an opportunity
to more fully comprehend the nature of,and prepare to comply with, the newprovisions before they are effective.
As a result of resetting the effective
date, it was necessary to makecorrections and amendments to theamendatory instruction and regulatory
text at 37 CFR 2.6(a)(28), published in
the November 17, 2021, final rule, toimplement the new effective dates. No
substantive changes were made to theprovisions in § 2.6(a)(28).
Rulemaking Requirements
A. Administrative Procedure Act: Thechanges in this rulemaking involve rulesof agency practice and procedure, and/or interpretive rules. See Bachow
Commc’ns Inc. v. FCC, 237 F.3d 683,
690 (D.C. Cir. 2001) (rules governing anapplication process are procedural
under the Administrative ProcedureAct); Inova Alexandria Hosp. v. Shalala,
244 F.3d 342, 350 (4th Cir. 2001) (rules
for handling appeals are procedural
where they do not change thesubstantive standard for reviewing
claims); and 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 astatute is interpretive).
Accordingly, prior notice andopportunity for public comment for thisrulemaking are not required pursuant to
5 U.S.C. 553(b) or (c), or any other law.
See Cooper Techs. Co. v. Dudas, 536
F.3d 1330, 1336–37 (Fed. Cir. 2008)(stating that 5 U.S.C. 553, and thus 35

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U.S.C. 2(b)(2)(B), do not require noticeand-comment rulemaking for‘‘interpretative rules, general statementsof policy, or rules of agency
organization, procedure, or practice’’(quoting 5 U.S.C. 553(b)(A))).
Moreover, the Director of the USPTO,
pursuant to the authority at 5 U.S.C.
553(b)(B), finds good cause to adopt thechange in this final rule without priornotice and an opportunity for publiccomment, as such procedures would be
impracticable and contrary to the public
interest. Immediate implementation of
the resetting of the effective date, andthe correction and amendment to theregulatory text, are in the public interest
because they will allow the USPTO
additional time to ensure that the means
for the internal implementation of theprovisions in the November 17, 2021,
final rule are in place before it goes into
effect. The additional time would also
benefit the public, as it would provide
an opportunity for the public to more
fully comprehend the new response
periods before they become effective.
Delaying this final rule to satisfy noticeand-comment procedures isimpracticable because doing so would
allow the changes to the November 17,
2021, final rule that are being discussed
in this final rule to go into effect before
the USPTO is ready to implement the
new response periods. Therefore, theDirector finds there is good cause towaive notice-and-comment proceduresfor this final rule.
B. Regulatory Flexibility Act: As priornotice and an opportunity for publiccomment are not required pursuant to 5
U.S.C. 553 or any other law, neither aRegulatory Flexibility Act analysis nor acertification under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are
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).
D. Executive Order 13563 (Improving
Regulation and Regulatory Review): The
USPTO has complied with Executive
Order 13563 (Jan. 18, 2011).
Specifically, the USPTO has, to theextent feasible and applicable: (1) madea reasoned determination that thebenefits justify the costs of the rule; (2)tailored the rule to impose the leastburden on society consistent withobtaining the regulatory objectives; (3)selected a regulatory approach thatmaximizes net benefits; (4) specified
performance objectives; (5) identified
and assessed available alternatives; (6)provided the public with a meaningful
opportunity to participate in theregulatory process, including soliciting

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62033

the views of those likely affected, prior
to issuing a notice of proposed
rulemaking, and provided online accessto the rulemaking docket; (7) attempted
to promote coordination, simplification,and harmonization across Government
agencies and identified goals designed
to promote innovation; (8) consideredapproaches that reduce burdens andmaintain flexibility and freedom of
choice for the public; and (9) ensured
the objectivity of scientific andtechnological information andprocesses, to the extent applicable.
E. Executive Order 13132(Federalism): This rulemaking does notcontain policies with federalism
implications sufficient to warrant
preparation of a Federalism Assessment
under Executive Order 13132 (Aug. 4,1999).
F. Executive Order 13175 (Tribal
Consultation): This rulemaking will not:(1) have substantial direct effects on one
or more Indian tribes, (2) impose
substantial direct compliance costs on
Indian tribal governments, or (3)preempt tribal law. Therefore, a tribal
summary impact statement is not
required under Executive Order 13175(Nov. 6, 2000).
G. Executive Order 13211 (Energy
Effects): This rulemaking is not asignificant energy action under
Executive Order 13211 because it is not
likely to have a significant adverse effecton the supply, distribution, or use ofenergy. Therefore, a Statement of Energy
Effects is not required under Executive
Order 13211 (May 18, 2001).
H. Executive Order 12988 (Civil
Justice Reform): This rulemaking meets
applicable standards to minimize
litigation, eliminate ambiguity, andreduce burden as set forth in sections
3(a) and (b)(2) of Executive Order 12988(Feb. 5, 1996).
I. Executive Order 13045 (Protectionof Children): This rulemaking does notconcern an environmental risk to healthor safety that may disproportionately
affect children under Executive Order
13045 (Apr. 21, 1997).
J. Executive Order 12630 (Taking of
Private Property): This rulemaking will
not affect a taking of private property orotherwise have taking implications
under Executive Order 12630 (Mar. 15,
1988).
K. Congressional Review Act: Under
the Congressional Review Act
provisions of the Small Business
Regulatory Enforcement Fairness Act of1996 (5 U.S.C. 801 et seq.), the USPTO
will submit a report containing the final
rule and other required information to
the United States Senate, the UnitedStates House of Representatives, and theComptroller General of the Government

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Accountability Office. The changes inthis rule are not expected to result in anannual effect on the economy of $100
million or more; a major increase incosts or prices; or significant adverse
effects on competition, employment,
investment, productivity, innovation, orthe ability of United States-based
enterprises to compete with foreignbased enterprises in domestic andexport markets. Therefore, this rule is
not expected to result in a ‘‘major rule’’as defined in 5 U.S.C. 804(2).
L. Unfunded Mandates Reform Act of
1995: The changes set forth in thisrulemaking do not involve a Federal
intergovernmental mandate that will
result in the expenditure by State, local,
and tribal governments, in the aggregate,of $100 million (as adjusted) or more in
any one year, or a Federal private sector
mandate that will result in the
expenditure by the private sector of$100 million (as adjusted) or more in
any one year, and will not significantlyor uniquely affect small governments.
Therefore, no actions are necessary
under the provisions of the Unfunded
Mandates Reform Act of 1995. See 2
U.S.C. 1501 et seq.
M. National Environmental Policy Act
of 1969: This rulemaking will not haveany effect on the quality of theenvironment and is thus categorically
excluded from review under the
National Environmental Policy Act of1969. See 42 U.S.C. 4321 et seq.
N. National Technology Transfer andAdvancement Act of 1995: The
requirements of section 12(d) of the
National Technology Transfer andAdvancement Act of 1995 (15 U.S.C.
272 note) are not applicable because thisrulemaking does not contain provisions
that involve the use of technicalstandards.
O. Paperwork Reduction Act of 1995:
This final rule does not involve
information collection requirements thatare subject to review by the Office ofManagement and Budget (OMB) under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
Notwithstanding any other provisionof law, no person is required to respondto, nor shall any person be subject to, apenalty for failure to comply with acollection of information subject to therequirements of the Paperwork
Reduction Act unless that collection of
information has a valid OMB control
number.
P. E-Government Act Compliance:
The USPTO is committed to compliancewith the E-Government Act to promote
the use of the internet and otherinformation technologies to provide
increased opportunities for citizen
access to Government information and

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services, and for other purposes. For
information pertinent to E-Government
Act compliance related to this rule,please contact Justin Isaac, Acting
USPTO Information Collection Officer,
at Information.Collection@uspto.gov or
571–272–7392.
List of Subjects in 37 CFR Part 2
Administrative practice andprocedure, Courts, Lawyers,
Trademarks.
Correction to November 2021 Final
Rule■ Effective December 3, 2022, in FR

Doc. 2021–24926, at 86 FR 64300 in theFederal Register of Wednesday,
November 17, 2021, on page 64325, inthe second column, in amendatory
instruction 3 for § 2.6, paragraph (a)(28)
is corrected to read as follows:§ 2.6[Corrected](a) * * *(28) Extension of time for filing a
response to an Office action under§ 2.62(a)(2). (i) For filing a request for an
extension of time for filing a response to
an Office action under § 2.62(a)(2) on
paper—$225.00.
(ii) For filing a request for an
extension of time for filing a response to
an Office action under § 2.62(a)(2) via
TEAS—$125.00.
*
*
*
*
*
For the reasons stated in the preamble
and under the authority contained in 15
U.S.C. 1123 and 35 U.S.C. 2, as
amended, the USPTO amends part 2 oftitle 37 as follows:
PART 2—RULES OF PRACTICE IN
TRADEMARK CASES■ 1. The authority citation for part 2

continues to read as follows:
Authority: 15 U.S.C. 1113, 1123; 35 U.S.C.
2; sec. 10, Pub. L. 112–29, 125 Stat. 284; Pub.
L. 116–260, 134 Stat. 1182, unless otherwise
noted. Sec. 2.99 also issued under secs. 16,
17, 60 Stat. 434; 15 U.S.C. 1066, 1067.
■ 2. Effective October 7, 2023, amend§ 2.6 by revising paragraph (a)(28) toread as follows:§ 2.6

Trademark fees.

(a) * * *(28) Extension of time for filing a
response to an Office action under§ 2.62(a)(2), § 2.163(c), § 2.165(c),§ 2.176, § 2.184(b)(2), or § 2.186(c). (i)For filing a request for an extension oftime for filing a response to an Officeaction under § 2.62(a)(2), § 2.163(c),§ 2.165(c), § 2.176, § 2.184(b)(2), or§ 2.186(c) on paper—$225.00.
(ii) For filing a request for an
extension of time for filing a response to

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an Office action under § 2.62(a)(2),§ 2.163(c), § 2.165(c), § 2.176,§ 2.184(b)(2), or § 2.186(c) via TEAS—$125.00.
*****
Katherine K. Vidal,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2022–22217 Filed 10–12–22; 8:45 am]
BILLING CODE 3510–16–P

ENVIRONMENTAL PROTECTIONAGENCY40 CFR Part 52[EPA–R4–OAR–2022–0226; FRL–10161–02–
R4]

Air Plan Approval; South Carolina;
Revisions to Startup, Shutdown, andMalfunction Rules
AGENCY: Environmental Protection

Agency (EPA).
ACTION: Final rule.
SUMMARY: The Environmental Protection

Agency (EPA) is approving a State
Implementation Plan (SIP) revisionsubmitted by the State of South
Carolina, through the South Carolina
Department of Health andEnvironmental Control (SC DHEC), on
November 4, 2016. This revision was
submitted by South Carolina in
response to a finding of substantial
inadequacy and SIP call published by
EPA on June 12, 2015, of provisions in
the South Carolina SIP related to excess
emissions during startup, shutdown,
and malfunction (SSM) events. EPA isapproving the SIP revision and findsthat the revision corrects the
deficiencies identified in the June 12,2015, SIP call. EPA is also approving
portions of multiple SIP revisions
previously submitted by SC DHEC on
October 1, 2007, July 18, 2011, August
8, 2014, and August 12, 2015, as they
relate to the provisions identified in theJune 12, 2015, SIP call.
DATES: This rule is effective November
14, 2022.
ADDRESSES: EPA has established adocket for these actions under Docket
Identification No. EPA–R4–OAR–2022–0226. All documents in the docket arelisted on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential BusinessInformation or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly

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