Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Rules and Regulations 62463 

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 


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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 postregistration office actions and provided 

the option to request a single threemonth 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-andcomment 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 postregistration 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 


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