Federal Register / Vol. 88, No. 220 / Thursday, November 16, 2023 / Rules and Regulations 78641 

by the private sector, of $100 million or 

more (adjusted annually for inflation) in 

any one year. See 2 U.S.C. 1532. The 

Act further requires that the agency 

publish a summary of such a statement 

with the agency’s proposed and final 

rules. No statement or summary is 

required, since the rule will not result 

in the above-stated expenditure by state, 

local, and Tribal Governments, or by the 

private sector. 

Section 1 of Executive Order 12785 

requires the agency to submit a 

description of the extent of its prior 

consultation with representatives of 

affected state, local, and tribal 

governments, together with the agency’s 

position, to OMB to support the need for 

any regulation that is not required by 

statute, if the direct compliance costs 

incurred by such governments will not 

be funded by the Federal Government 

(i.e., an unfunded mandate). The 

Executive order does not apply, since 

the rule is required by statute and, in 

any event, imposes no mandate or 

compliance obligations, unfunded or 

otherwise, on any state, local, or Tribal 

Government. 

Congressional Review Act 

A major rule cannot take effect until 

60 days after it is published in the 

Federal Register. This rule is not a 

major rule under 5 U.S.C. 801. 

Paperwork Reduction Act 

This rule contains no information 

collection, recordkeeping, or disclosure 

provisions that would constitute 

information collection activities subject 

to the OMB clearance requirements of 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3521). 

List of Subjects in 32 CFR Part 1665 

Personally identifiable information, 

Privacy, Social security. 

For the reasons stated in the 

preamble, SSS amends part 1665, title 

32 of the Code of Federal Regulations, 

as set forth below: 

PART 1665—PRIVACY ACT 

PROCEDURES 

■ 1. Revise the authority citation for part 

1665 to read as follows: 

Authority: 5 U.S.C. 552a; Pub L. 115–59, 

131 Stat. 1152, and 5 U.S.C. 301. 

■ 2. Add § 1665.9 to read as follows: 

§ 1665.9 SSS Compliance with the Social 

Security Fraud Prevention Act of 2017 to 

limit the use of Social Security numbers on 

documents mailed by the Selective Service 

System (SSS). 

(a) A document that SSS sends by 

mail shall not include the Social 

Security number (SSN) of an individual, 

except where the Director of Selective 

Service (or other Agency official whom 

the Director of Selective Service may 

designate) determines that it is 

necessary. If so, the SSN must be 

truncated to the extent feasible, as 

follows— 

(1) The document shall include no 

more than the last four digits of the 

SSN; or 

(2) If the document needs to include 

more digits, then only where they are: 

(i) Required by law (including, but not 

limited to, a statute, court order, or 

other legal mandate); 

(ii) Needed to identify a specific 

individual when no adequate substitute 

is available; or 

(iii) Needed to fulfill some other 

compelling SSS business need. 

(b) No portion of an SSN may be 

visible on the outside of any SSS 

mailing. 

(c) For purposes of this section, 

‘‘mail’’ and ‘‘mailing’’ means printed 

documents or correspondence, and does 

not include emails or any other 

documents, correspondence, or 

communications in electronic form. 

(d) The requirements of this section 

shall apply to mail sent by SSS, 

including mailings by a contractor on 

SSS’s behalf, on or after November 13, 

2023. 

Daniel A. Lauretano, Sr., 

General Counsel. 

[FR Doc. 2023–25036 Filed 11–15–23; 8:45 am] 

BILLING CODE 8015–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0906] 

RIN 1625–AA11 

Safety Zone; Pacific Ocean, Oahu, 

Hawaii 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

the re-entry of a space vehicle from the 

Starship Super Heavy launch by Space 

Exploration Technologies Corporation 

(Space X). The temporary safety zone is 

located within the Coast Guard District 

Fourteen area of responsibility, 

approximately 129 nautical miles 

offshore of Oahu, Hawaii. The purpose 

of this rule is to ensure the safety of 

vessels, mariners, and the navigable 

waters in the safety zones before, 

during, and after the scheduled event. 

This action is necessary to provide for 

the safety of vessels and waterway users 

from the potential hazards created by 

reentry vehicle splashdowns and 

recovery operations in our exclusive 

economic zone. It is also necessary to 

provide for the safe recovery of reentry 

vehicles, and any personnel involved in 

reentry services, after the splashdown. 

This rule implements a special activities 

provision of the William M. (Mac) 

Thornberry National Defense 

Authorization Act for Fiscal Year 2021. 

Foreign-flagged vessels are encouraged 

to remain outside the safety zones. This 

rule prohibits U.S. flagged vessels from 

being in the safety zones unless 

authorized by the Commander of the 

Fourteenth Coast Guard District or a 

designated representative. 

DATES: This rule is effective from 12:01 

a.m. on November 17, 2023, through 

11:59 p.m. on November 20, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0906 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 Commander Jessica 

Hull, District 14, Waterways 

Management Division, U.S. Coast 

Guard; telephone 808–535–3407, email 

Jessica.L.Hull@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

BNM Broadcast Notice to Mariners 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

EEZ Exclusive economic zone 

FAA Federal Aviation Administration 

FL Florida 

FR Federal Register 

MSIB Marine Safety Information Bulletin 

NASA National Aeronautics and Space 

Administration 

NM Nautical Mile 

NPRM Notice of proposed rulemaking 

RNA Regulated Navigation Area 

§ Section 

U.S. United States 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 


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1Space Support Vessel means any vessel engaged 

in the support of space activities. These vessels are 

typically approximately 170 feet in length, have a 

forward wheelhouse, and are equipped with a 

helicopter pad and lifting crane. 

2Reentry Services means (1) activities involved in 

the preparation of a reentry vehicle and payload, 

crew (including crew training), government 

astronaut, or space flight participant, if any, for 

reentry; and (2) the conduct of a reentry. 

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 it is 

impracticable and contrary to the public 

interest. Space Exploration 

Technologies Corporation (Space X) is a 

U.S. company. The SpaceX Starship 

Super Heavy mission was approved and 

scheduled less than 30 days before the 

need for the safety zone to be in place 

starting on November 17, 2023. 

Publishing an NPRM would be 

impracticable and contrary to the public 

interest since the missions would begin 

before completion of the rulemaking 

process, thereby inhibiting the Coast 

Guard’s ability to protect against the 

hazards associated with re-entry of the 

capsule. 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 and 

contrary to the public interest because 

the temporary safety zone must be 

established on November 17, 2023, to 

mitigate safety concerns during the 

capsule re-entry mission. 

III. Legal Authority and Need for Rule 

On January 1, 2021, the William M. 

(Mac) Thornberry National Defense 

Authorization Act for Fiscal Year 2021 

(Pub. L. 116–283) (Authorization Act) 

was enacted. Its section 8343 (134 Stat. 

4710) calls for the Coast Guard to 

conduct a 2-year pilot program to 

establish and implement a process to 

establish safety zones to address special 

activities in the exclusive economic 

zone (EEZ). These special activities 

include space activities carried out by 

United States citizens. The Fourteenth 

District Commander and Captain of the 

Port Honolulu have determined that 

potential hazards associated with the 

Space X Starship spacecraft mission 

present a safety concern for anyone 

within the perimeter of the safety zone. 

The safety zone will only be activate for 

a reasonable time before the mission 

and deactivated once the area is no 

longer hazardous. The purpose of this 

rule is to ensure the safety of vessels, 

mariners, and the navigable waters in 

the safety zones before, during, and after 

the scheduled event. The Coast Guard is 

issuing this rule under authority of 

section 8343 of the Authorization Act 

and 46 U.S.C. 70034. 

IV. Discussion of the Rule 

The Coast Guard is establishing a 

temporary safety zone approximately 

126 nautical miles north of Oahu, 

Hawaii for the re-entry of a SpaceX 

capsule. The coordinates are based on 

the projected re-entry locations as 

determined from telemetry data and 

modeling by Space X. 

(1) Re-entry site: 

Point 1 ...... 24°02′38′′ N 157°33′43′′ W 

Point 2 ...... 24°08′49′′ N 157°02′49′′ W 

Point 3 ...... 23°32′10′′ N 156°53′17′′ W 

Point 4 ...... 23°25′48′′ N 157°25′34′′ W 

The coordinates for the safety zones 

are based on the furthest north, east, 

south, and west points of the reentry 

vehicles splashdown and are 

determined from data and modeling by 

SpaceX and NASA. The coordinates 

take into account the trajectories of the 

reentry vehicles coming out of orbit and 

the potential risk to the public. The 

specific coordinates for the temporary 

safety zone is presented in the 

regulatory text at the end of this 

document. 

To the extent feasible, 24 hours before 

a reentry vehicle splashdown and 

recovery operations, the District 

Commander, Captain of the Port Sector 

Honolulu, or a designated representative 

will inform the public of the activation 

of the temporary safety zones by 

Broadcast Notice to Mariners (BNM) on 

VHF–FM channel 16. 

The District Commander, Captain of 

the Port Sector Honolulu, or designated 

representative will inform the public 

that the safety zone would remain 

activated (subject to enforcement) until 

announced by BNM on VHF–FM 

channel 16 that the safety zone is no 

longer subject to enforcement. 

When the safety zone is activated, the 

District Commander, Captain of the Port 

Sector Honolulu, or a designated 

representative will be able to restrict 

U.S.-flagged vessel movement including 

but not limited to transiting, anchoring, 

or mooring within the safety zone to 

protect vessels from hazards associated 

with space activities. The activated 

safety zone will ensure the protection of 

vessels and waterway users from the 

potential hazards created by reentry 

vehicle splashdowns and recovery 

operations. This includes protection 

during the recovery of a reentry vehicle, 

and the protection of personnel 

involved in reentry services and space 

support vessels.1

After a reentry vehicle splashdown, 

the District Commander, Captain of the 

Port Sector Honolulu, or a designated 

representative will grant general 

permission to come no closer than three 

nautical miles within the activated 

safety zone from any reentry vehicle or 

space support vessel engaged in the 

recovery operations. 

Once a reentry vehicle services are 

removed from the water and secured 

onboard a space support vessel, the 

District Commander, Captain of the Port 

Sector Honolulu, or designated 

representative would issue a BNM on 

VHF–FM channel 16 announcing the 

activated safety zone is no longer 

subject to enforcement. 

When the safety zone is activated, the 

COTP or a designated representative 

will be able to restrict U.S.-flagged 

vessel movement including but not 

limited to transiting, anchoring, or 

mooring within the safety zone to 

protect vessels from hazards associated 

with capsule re-entry.2 Because the 

safety zones are within the U.S. EEZ, 

only U.S.-flagged vessels would be 

subject to enforcement. However, all 

foreign-flagged vessels are encouraged 

to remain outside the safety zone. 

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 

Executive Order 12866. Accordingly, 

this rule has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the size, location, duration, 

and scope of the temporary safety zone. 

The safety zone will be established for 

approximately three and one half hours. 

After the launch has been completed, 

the Coast Guard will notify waterway 


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users and vessels that the safety zone is 

no longer in effect. The safety zone will 

ensure the protection of vessels and 

waterway users from the potential 

hazards created by the re-entry of the 

SpaceX capsule. 

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 will 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 call or email 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 

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 an 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 

establishing a safety zone through the 

duration of a space vehicle reentry. 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 call or email 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.T14–0906 to read as 

follows: 

§ 165.T14–0906 Safety Zone; Pacific 

Ocean, Oahu, Hawaii. 

(a) Location. The Coast Guard is 

establishing a safety zone in the U.S. 

exclusive economic zone (EEZ) for the 

re-entry of a capsule launched by 

SpaceX. The temporary zone is located 

within the Captain of the Port Sector 

Honolulu area of responsibility 129 

nautical miles offshore of Oahu, Hawaii. 

(1) Re-entry site. All waters of the 

Pacific Ocean, from surface to bottom, 

encompassed by a line connecting the 

following points beginning at Point 1, 

thence to Point 2, thence to Point 3, 

thence to Point 4, connecting back to the 

beginning point. 

TABLE 1 TO PARAGRAPH (a)(1) 

Point 1 .... 24°02′38′′ N 157°33′43′′ W 

Point 2 .... 24°08′49′′ N 157°02′49′′ W 

Point 3 .... 23°32′10′′ N 156°53′17′′ W 

Point 4 .... 23°25′48′′ N 157°25′34′′ W 

(2) [Reserved] 

(b) Definitions. As used in this 

section— 

Designated representative means a 

Coast Guard Captain of the Port (COTP) 

Sector Honolulu; Coast Guard Patrol 

Commanders including Coast Guard 

coxswains, petty officers and other 

officers operating a Coast Guard vessel; 

and other officers designated by the 

Captain of the Port Sector Honolulu or 

assisting the Captain of the Port Sector 


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78644 Federal Register / Vol. 88, No. 220 / Thursday, November 16, 2023 / Rules and Regulations 

Honolulu in the enforcement of the 

safety zones. 

District Commander means 

Commander of the Fourteenth Coast 

Guard District. 

Reentry services means: 

(i) Activities involved in the 

preparation of a reentry vehicle and 

payload, crew (including crew training), 

government astronaut, or space flight 

participant, if any, for reentry; and 

(ii) The conduct of a reentry. 

Reentry vehicle means a vehicle 

designed to return from Earth orbit or 

outer space to Earth, or a reusable 

launch vehicle designed to return from 

Earth orbit or outer space to Earth, 

substantially intact. 

Space support vessel means any 

vessel engaged in the support of space 

activities. 

Splashdown means the landing of a 

reentry vehicle into a body of water. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, U.S.-flagged vessels may not 

enter the safety zone described in 

paragraph (a) of this section unless 

authorized by the District Commander 

or a designated representative. All 

foreign-flagged vessels are requested 

and encouraged to remain outside the 

safety zone. 

(2) To seek permission to enter, transit 

through, anchor in or remain within the 

safety zone contact Sector Honolulu 

Command Center by telephone at (808) 

842–2600 or the District Commander’s 

representative via VHF–FM radio on 

channel 16. Those in the safety zone 

must comply with all lawful orders or 

directions given to them by the District 

Commander or a designated 

representative. 

(3) The COTP Honolulu or a 

designated representative may restrict 

vessel movement including but not 

limited to transiting, anchoring, or 

mooring within the safety zone to 

protect vessels from hazards associated 

with rocket recoveries. These 

restrictions are temporary in nature and 

will only be enacted and enforced prior 

to and just after the recovery missions. 

(d) Enforcement period. (1) To the 

extent possible, twenty-four hours 

before a reentry vehicle splashdown, 

reentry vehicle splashdown, the District 

Commander, Captain of the Port Sector 

Honolulu or designated representative 

will inform the public of the activation 

of the safety zone described in 

paragraph (a) of this section by 

Broadcast Notice to Mariners on VHF– 

FM channel 16. The safety zone 

described in paragraph (a) will remain 

activated until announced by Broadcast 

Notice to Mariners on VHF–FM channel 

16, and/or Marine Safety Information 

Bulletin (as appropriate) that the safety 

zone is no longer subject to 

enforcement. 

(2) After a reentry vehicle 

splashdown, the District Commander, 

Captain of the Port Sector Honolulu, or 

a designated representative will grant 

general permission to come no closer 

than three nautical miles of any reentry 

vehicle or space support vessel engaged 

in the recovery operations, within the 

activated safety zone described in 

paragraph (a) of this section. 

(3) Once a reentry vehicle or its 

remnants are removed from the water 

and secured onboard a space support 

vessel, the District Commander, Captain 

of the Port Sector Honolulu, or 

designated representative will issue a 

Broadcast Notice to Mariners on VHF– 

FM channel 16 announcing the 

activated safety zone is no longer 

subject to enforcement. 

(e) Effective period. This section is 

effective from 12:01 a.m. on November 

17, 2023, through 11:59 p.m. on 

November 20, 2023. 

Blake L. Novak, 

Captain, U.S. Coast Guard, Fourteenth Coast 

Guard District. 

[FR Doc. 2023–25429 Filed 11–15–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

37 CFR Parts 1, 11, and 41 

[Docket No. PTO–C–2023–0010] 

RIN 0651–AD67 

Representation of Others in Design 

Patent Matters Before the United 

States Patent and Trademark Office 

AGENCY: United States Patent and 

Trademark Office, Department of 

Commerce. 

ACTION: Final rule. 

SUMMARY: The U.S. Patent and 

Trademark Office (USPTO or Office) is 

amending the rules of practice in patent 

cases and the rules regarding the 

representation of others before the 

USPTO by creating a separate design 

patent practitioner bar whereby 

admitted design patent practitioners 

would practice in design patent 

proceedings only. Prior to this 

rulemaking, there was only one patent 

bar that applied to those who practice 

in patent matters before the Office, 

including in utility, plant, and design 

patents. The creation of a design patent 

practitioner bar does not impact the 

ability of those already registered to 

practice in any patent matters before the 

USPTO to continue to practice in any 

patent matters, including design patent 

matters, before the Office. Furthermore, 

it does not impact the ability of 

applicants for registration who meet the 

criteria to practice in all patent matters 

from qualifying for and upon passing 

the current registration exam, practicing 

in any patent matters before the Office, 

including design patent matters. 

Expanding the admission criteria of the 

patent bar encourages broader 

participation and keeps up with the 

ever-evolving technology and related 

teachings that qualify someone to 

practice before the USPTO. The Manual 

of Patent Examining Procedure will be 

updated in accordance with this final 

rule in due course. 

DATES: This rule is effective January 2, 

2024. 

FOR FURTHER INFORMATION CONTACT: Will 

Covey, Deputy General Counsel for 

Enrollment and Discipline and Director 

of the Office of Enrollment and 

Discipline (OED), at 571–272–4097; and 

Scott C. Moore, Acting Vice Chief 

Administrative Patent Judge, Patent 

Trial and Appeal Board, at 571–272– 

9797. 

SUPPLEMENTARY INFORMATION: 

Purpose 

The Director of the USPTO has 

statutory authority to require a showing 

by patent practitioners that they possess 

‘‘the necessary qualifications to render 

applicants or other persons valuable 

service, advice, and assistance in the 

presentation or prosecution of their 

applications or other business before the 

Office.’’ 35 U.S.C. 2(b)(2)(D). Courts 

have determined that the USPTO 

Director bears the primary responsibility 

for protecting the public from 

unqualified practitioners. See HsuanYeh Chang v. Kappos, 890 F. Supp. 2d 

110, 116–17 (D.D.C. 2012) (‘‘Title 35 

vests the [Director of the USPTO], not 

the courts, with the responsibility to 

protect [US]PTO proceedings from 

unqualified practitioners.’’) (quoting 

Premysler v. Lehman, 71 F.3d 387, 389 

(Fed. Cir. 1995)), aff’d sub nom., HsuanYeh Chang v. Rea, 530 F. App’x 958 

(Fed. Cir. 2013). 

Pursuant to that authority and 

responsibility, the USPTO promulgated 

regulations, administered by OED, that 

provide that registration to practice in 

patent matters before the USPTO 

requires a practitioner to demonstrate 

possession of ‘‘the legal, scientific, and 

technical qualifications necessary for 

him or her to render applicants valuable 

service.’’ See 37 CFR 11.7(a)(2)(ii). The 


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