Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Rules and Regulations 62461 

Baldwin Field (previously Quincy 

Municipal Baldwin Field) and the name 

of Quincy RGNL-Baldwin FLD: RWY 

04—Marker Beacon (previously Quincy 

LOM/NDB) to coincide with the FAA’s 

aeronautical database. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore: (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5.a. This airspace action 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

Lists of Subjects in 14 CFR 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11G, 

Airspace Designations and Reporting 

Points, dated August 19, 2022, and 

effective September 15, 2022, is 

amended as follows: 

Paragraph 6002 Class E Airspace Areas 

Designated as a Surface Area. 

* * * * * 

AGL IL E2 Quincy, IL [Amended] 

Quincy Regional Airport-Baldwin Field, IL 

(Lat 39°56′32′′ N, long 91°11′33′′ W) 

Within a 4.3-mile radius of Quincy 

Regional Airport-Baldwin Field. This Class E 

airspace area is effective during the specific 

dates and times established in advance by a 

Notice to Air Missions. The effective dates 

and times will thereafter be continuously 

published in the Chart Supplement. 

* * * * * 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

AGL IL E5 Quincy, IL [Amended] 

Quincy Regional Airport-Baldwin Field 

Airport, IL 

(Lat 39°56′32′′ N, long 91°11′33′′ W) 

Quincy RGNL-Baldwin FLD: RWY 04— 

Marker Beacon 

(Lat 39°53′13′′ N, long 91°15′13′′ W) 

That airspace extending upward from 700 

feet above the surface within a 6.8-mile 

radius of Quincy Regional Airport-Baldwin 

Field; and within 4 miles each side of the 

220° bearing from the Quincy RGNL-Baldwin 

FLD: RWY 04—Marker Beacon extending 

from the 6.8-mile radius of the Quincy 

Regional Airport-Baldwin Field to 9.8 miles 

southwest of the Quincy RGNL-Baldwin FLD: 

RWY 04—Marker Beacon. 

* * * * * 

Issued in Fort Worth, Texas, on September 

6, 2023. 

Martin A. Skinner, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2023–19546 Filed 9–11–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0709] 

RIN 1625–AA00 

Safety Zone; Atlantic Ocean, Tybee 

Island, GA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters of the Savannah River 

during the Air National Guard F–22A 

Raptor aircraft demonstration event. The 

safety zone is necessary to ensure the 

safety of persons, vessels, and the 

marine environment during the event. 

Entry of vessels or persons into this 

zone is prohibited unless specifically 

authorized by the Captain of the Port 

Savannah or a designated 

representative. 

DATES: This rule is effective from 10 

a.m. through 1 p.m. on September 13, 

2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0709 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Junior Grade Anthony 

Harris, Shoreside Compliance, Marine 

Safety Unit Savannah, U.S. Coast Guard; 

telephone 912–652–4353, email 

Anthony.E.Harris@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

COTP Captain of the Port 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

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 doing 

so would be impracticable and contrary 

to the public interest. The Coast Guard 

did not receive final details of the event 

until August 22, 2023, and the event is 

scheduled to take place on September 

13, 2023. The event would begin before 

the rulemaking process would be 

completed. Because of the dangers 

posed by the aerial demonstration of the 

Air National Guard’s F–22A Raptor 

aircraft, a safety zone is necessary 

without delay to ensure the safety of 

persons, vessels, and the marine 


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62462 Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Rules and Regulations 

environment. It is impracticable and 

contrary to the public interest to delay 

this rule because it is necessary to 

protect personnel, vessels, and the 

marine environment from potential 

hazards created by the aerial 

demonstration of the F–22A Raptor 

aircraft. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable 

because it is necessary to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by the aerial demonstration of 

the F–22A Raptor aircraft. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

Captain of the Port (COTP) Savannah 

has determined that potential hazards 

associated with the Air National Guard’s 

aerial demonstration of the F–22A 

Raptor aircraft will be a safety concern 

for anyone located within Tybee Island 

and certain waters of the navigable 

waters of the Savannah River. This rule 

is necessary to ensure the safety of 

persons, vessels, and the marine 

environment during the Air National 

Guard’s F–22A Raptor demonstration 

event. 

IV. Discussion of the Rule 

This rule establishes a safety zone on 

on certain navigable waters 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 the 

Air National Guard’s aerial 

demonstration of the F–22A Raptor 

aircraft. The safety zone will be 

enforced from 10:00 a.m. to 1:00 p.m. on 

September 13, 2023. No person or vessel 

will be permitted to enter, transit 

through, anchor in, or remain within the 

safety zone without obtaining 

permission from the COTP or a 

designated representative. If 

authorization to enter, transit through, 

anchor in, or remain within the safety 

zone is granted by the COTP or a 

designated representative, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the COTP or a designated 

representative. The Coast Guard will 

provide notice of the safety zone by 

Broadcast Notice to Mariners, and/or by 

on-scene designated representatives. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094 

(Modernizing Regulatory Review). 

Accordingly, this rule has not been 

reviewed by the Office of Management 

and Budget (OMB). 

This regulatory action determination 

is based on the location, duration, and 

time-of-day of the safety zone. 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 

during an aerial demonstration lasting 

three hours. Although persons and 

vessels may not enter, transit through, 

anchor in, or remain within the zone 

without authorization from the COTP or 

a designated representative, they will be 

able to safely transit around the safety 

zone. Moreover, the Coast Guard would 

issue a Broadcast Notice to Mariners via 

VHF–FM marine channel 16 about the 

zone, and the rule would allow vessels 

to seek permission to enter the zone. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. 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 would not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

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 

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. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, 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. 

E. 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 


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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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