82170 Federal Register / Vol. 89, No. 197 / Thursday, October 10, 2024 / Rules and Regulations 

The additions read as follows: 

§ 1.6038B–1 Reporting of certain transfers 

to foreign corporations. 

* * * * * 

(d) Transfers subject to section 

367(d)—(1) Initial transfer. For further 

guidance, see § 1.6038B–1T(d)(1) 

introductory text through (d)(1)(iii). 

(i) through (iii) [Reserved] 

* * * * * 

(viii) Other intangibles. For further 

guidance, see § 1.6038B–1T(d)(1)(viii). 

(2) Subsequent transfers. For 

additional, see § 1.6038B–1T(d)(2) 

introductory text through (d)(2)(ii). 

(i) through (ii) [Reserved] 

(iii) Subsequent transfer. Except for a 

subsequent transfer described in 

paragraph (d)(2)(iv) of this section, 

provide the following information 

concerning the subsequent transfer: 

(A) For further guidance, see 

§ 1.6038B–1T(d)(2)(iii)(A) through (C). 

(B) through (C) [Reserved] 

(iv) Subsequent transfer of intangible 

property to a qualified domestic person. 

Provide the following information 

concerning a subsequent transfer of 

intangible property described in 

§ 1.367(d)–1(f)(4)(i): 

(A) A statement providing that 

§ 1.367(d)–1(f)(4)(i)(B) applies to the 

subsequent transfer; 

(B) A general description of the 

subsequent transfer and any wider 

transaction of which it forms a part, 

including the U.S. transferor’s former 

adjusted basis in the intangible property 

and the transferee foreign corporation’s 

adjusted basis in the intangible property 

(as determined immediately before the 

subsequent transfer), the amount and 

computation of any gain recognized by 

the U.S. transferor under § 1.367(d)– 

1(f)(4)(i)(A), and a description of 

whether the intangible property was, or 

is expected to be, subsequently 

transferred to one or more other persons 

(as described in § 1.367(d)–1(f)(4)(v)); 

(C) A description of the intangible 

property; 

(D) A copy of the Form 926 with 

respect to the original transfer of the 

intangible property and any attachments 

identifying the intangible property as 

within the scope of section 367(d); 

(E) The name, address, and taxpayer 

identification number of the qualified 

domestic person that receives the 

intangible property, including a 

statement describing the relationship 

between the U.S. transferor and the 

qualified domestic person, and, if 

applicable, such information regarding 

any other persons described in 

§ 1.367(d)–1(f)(4)(v); and 

(F) Any other information as may be 

prescribed by the Commissioner in 

publications, forms, instructions, or 

other guidance. 

* * * * * 

(g) * * * 

(8) Paragraphs (d)(2)(iii) introductory 

text and (d)(2)(iv) of this section apply 

to transfers occurring on or after October 

10, 2024. 

■ Par. 10. Section 1.6038B–1T is 

amended by revising paragraph 

(d)(2)(iii) introductory text to read as 

follows: 

§ 1.6038B–1T Reporting of certain 

transactions to foreign corporations 

(temporary). 

* * * * * 

(d) * * * 

(2) * * * 

(iii) Subsequent transfer. For further 

guidance, see § 1.6038B–1T(d)(2)(iii) 

introductory text: 

* * * * * 

Douglas W. O’Donnell, 

Deputy Commissioner. 

Approved: September 23, 2024. 

Aviva Aron-Dine, 

Deputy Assistant Secretary of the Treasury 

(Tax Policy). 

[FR Doc. 2024–23132 Filed 10–9–24; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0908] 

RIN 1625–AA87 

Security Zone; Corpus Christi Ship 

Channel, Corpus Christi, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing temporary, 500-yard radius, 

moving security zones within the 

navigable waters of the Corpus Christi 

Ship Channel and the La Quinta 

Channel. The security zone is needed to 

protect certain vessels carrying cargo 

which poses risks such that it requires 

an elevated level of security to protect 

the cargo itself and the surrounding 

waterway from terrorist acts, sabotage, 

or other subversive acts, accidents, or 

events of a similar nature. Entry of 

vessels or persons into these zones is 

prohibited unless specifically 

authorized by the Captain of the Port, 

Sector Corpus Christi or a designated 

representative. 

DATES: This rule is effective from 

October 7, 2024 through October 17, 

2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0908 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 about this rule, call 

or email Lieutenant Tim Cardenas, 

Sector Corpus Christi Waterways 

Management Division, U.S. Coast 

Guard; telephone 361–939–5130, 

emailTim.J.Cardenas@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port, Sector Corpus 

Christi 

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 rule under the authority in 5 

U.S.C. 553(b)(B). This statutory 

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. The 

Coast Guard must establish this security 

zone by October 7, 2024, to ensure 

security of certain vessels and the 

surrounding area and lacks sufficient 

time to request public comments and 

respond to these comments before the 

safety zone must be established. As 

such, it is impracticable to publish an 

NPRM. 

Additionally, 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 contrary to the public interest 

because prompt action is needed to 

provide for the security of these vessels 

while they are in transit and carrying 

potentially dangerous cargo in need of 

elevated security. 


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Federal Register / Vol. 89, No. 197 / Thursday, October 10, 2024 / Rules and Regulations 82171 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing these 

security zone regulation under the 

authority in 46 U.S.C. 70051 and 70124. 

The Captain of the Port, Sector Corpus 

Christi (COTP) has determined that 

potential hazards are associated with 

the transit of the Motor Vessels (M/V) 

MARAN GAS DELPHI, TRANIANO 

KNUTSEN, ADAMASTOS, and 

HELLAS ATHINA. There is a security 

concern within a 500-yard radius of 

these vessels when they are loaded. This 

rule is needed to provide for the safety 

and security of these vessels, their 

cargo, and the surrounding waterway 

from terrorist acts, sabotage, or other 

subversive acts, accidents, or other 

events of a similar nature while the 

vessels are transiting within Corpus 

Christi, TX. 

IV. Discussion of the Rule 

The Coast Guard is establishing 500- 

yard radius, temporary, moving security 

zones around M/V MARAN GAS 

DELPHI, TRANIANO KNUTSEN, 

ADAMASTOS, and HELLAS ATHINA 

within the navigable waters of the 

Corpus Christi Ship Channel and the La 

Quinta Channel. The public will easily 

be able to identify these vessels because 

their names are clearly marked on the 

port and starboard bow and the stern of 

each vessel. The zones for these vessels 

will be effective from October 7, 2024, 

through October 17, 2024, to protect the 

vessels, their cargo, and the surrounding 

waterways from terrorist acts, sabotage, 

or other subversive acts, accidents, or 

other events of a similar nature while 

the vessels are traveling within the La 

Quinta and Corpus Christi Ship 

Channels. The zones will be enforced 

only during the time the vessels are 

transiting the Channels. 

No vessel or person will be permitted 

to enter the security zone without 

obtaining permission from the COTP or 

a designated representative. 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, USCG Sector Corpus Christi 

(COTP) in the enforcement of the 

security zone. Persons or vessels 

desiring to enter or pass through each 

zone must request permission from the 

COTP or a designated representative on 

VHF–FM channel 16 or by telephone at 

361–939–0450. If permission is granted, 

all persons and vessels must comply 

with the instructions of the COTP or 

designated representative. The COTP or 

a designated representative will inform 

the public through Broadcast Notices to 

Mariners (BNMs), Local Notices to 

Mariners (LNMs), and/or Marine Safety 

Information Bulletins (MSIBs) as 

appropriate for the enforcement times 

and dates for the security 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 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094 

(Modernizing Regulatory Review). 

Accordingly, this rule is not subject to 

review by the Office of Management and 

Budget (OMB). 

This regulatory action determination 

is based on the size, duration, and 

location of the security zone. This rule 

will impact a small, designated area of 

500-yards around the moving vessels in 

the Corpus Christi Ship Channel and La 

Quinta Ship Channel as these vessels 

transit the channel over a ten-day 

period. Most vessels will be able to 

move around the security zone and 

therefore the impediment to the 

movement of other vessels will be 

minimal. Moreover, the rule allows 

other vessels to seek permission to enter 

or pass through each zone may request 

permission from the COTP or a 

designated representative on VHF–FM 

channel 16 or by telephone at 361–939– 

0450. 

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 

temporary security 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 


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82172 Federal Register / Vol. 89, No. 197 / Thursday, October 10, 2024 / Rules and Regulations 

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 moving 

security zones lasting for the duration of 

time that the M/V MARAN GAS 

DELPHI, TRANIANO KNUTSEN, 

ADAMASTOS, HELLAS ATHINA are 

within the Corpus Christi Ship Channel 

and La Quinta Channel while loaded 

with cargo. It will prohibit entry within 

a 500-yard radius of the M/V MARAN 

GAS DELPHI, TRANIANO KNUTSEN, 

ADAMASTOS, and HELLAS ATHINA 

while the vessels are transiting loaded 

within Corpus Christi Ship Channel and 

La Quinta Channel. It is categorically 

excluded from further review under 

L60(a) in 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.T08–0908 to read as 

follows: 

§ 165.T08–0908 Security Zones; Corpus 

Christi Ship Channel, Corpus Christi, TX. 

(a) Location. All navigable waters 

encompassing a 500-yard radius around 

the M/V MARAN GAS DELPHI, 

TRANIANO KNUTSEN, ADAMASTOS, 

and HELLAS ATHINA, while the 

vessels are in the Corpus Christi Ship 

Channel and the La Quinta Ship 

Channel. 

(b) Definitions. As used in this 

section, oesignated representative 

means a commissioned, warrant, or 

petty officer of the U.S. Coast Guard 

assigned to units under the operational 

control of USCG Sector Corpus Christi. 

(c) Effective period. This section will 

be in effect from October 7, 2024, 

through October 17, 2024. This section 

will be enforced when any of the vessels 

are in the specified channels and 

carrying cargo. 

(d) Regulations. (1) The general 

security zone regulations in subpart D of 

this part apply. Entry into the zone is 

prohibited unless authorized by the 

Captain of the Port Sector Corpus 

Christi (COTP) or a designated 

representative. 

(2) Persons or vessels desiring to enter 

or pass through the zones must request 

permission from the COTP Sector 

Corpus Christi on VHF–FM channel 16 

or by telephone at 361–939–0450. 

(3) If permission is granted, all 

persons and vessels shall comply with 

the instructions of the COTP or 

designated representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public through Broadcast 

Notices to Mariners (BNMs), Local 

Notices to Mariners (LNMs), and/or 

Marine Safety Information Bulletins 

(MSIBs) as appropriate of the 

enforcement times and dates for this 

security zone. 

Dated: October 4, 2024. 

T.H. Bertheau, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Corpus Christi. 

[FR Doc. 2024–23469 Filed 10–9–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

37 CFR Part 42 

[Docket No. PTO–P–2023–0058] 

RIN 0651–AD75 

Expanding Opportunities To Appear 

Before the Patent Trial and Appeal 

Board 

AGENCY: United States Patent and 

Trademark Office, Department of 

Commerce. 

ACTION: Final rule. 

SUMMARY: As part of its initiatives to 

expand access to practice before the 

U.S. Patent and Trademark Office 

(USPTO or Office), the USPTO modifies 

the rules regarding representation by 

counsel at the Patent Trial and Appeal 

Board (PTAB or Board) in proceedings 

under the Leahy-Smith America Invents 

Act (AIA proceedings) to: permit parties 

to proceed without back-up counsel 

upon a showing of good cause, such as 

a lack of resources to hire two counsel; 

establish a streamlined alternative 

procedure for recognizing counsel pro 

hac vice that is available when counsel 

has previously been recognized pro hac 

vice in a different PTAB proceeding; 

and clarify that those recognized pro 

hac vice have a duty to inform the Board 

of subsequent events that render 

inaccurate or incomplete 

representations they made to obtain pro 

hac vice recognition. 

DATES: This rule is effective November 

12, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Scott C. Moore, Acting Senior Lead 

Administrative Patent Judge; or Michael 

P. Tierney, Vice Chief Administrative 

Patent Judge, both at 571–272–9797. 

SUPPLEMENTARY INFORMATION: 

Background 

The USPTO is focused on expanding 

American innovation for and from all 

and has been examining the rules 

governing practice before the Office to 

ensure that they are properly aligned 

with the types of work performed by 

practitioners and the needs of clients. 

As part of this effort, the USPTO 

recently expanded the admission 


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