Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Rules and Regulations 59513 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 5100.1 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded under the Instruction 

that there are no factors in this case that 

would limit the use of a categorical 

exclusion under section 2.B.2 of the 

Instruction. Therefore, this rule is 

categorically excluded, under figure 

2–1, paragraph (34)(g), of the 

Instruction, from further environmental 

documentation. 

A final environmental analysis 

checklist and a final categorical 

exclusion determination are available in 

the docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, and 

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: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 710, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. A new temporary safety zone 

§ 165.T11–033: 

§ 165.T11–033 Safety zone; BWRC ‘300’ 

Enduro; Lake Moolvalya, Parker, AZ. 

(a) Location. The limits of the safety 

zone are as follows: The Headgate Dam 

at 34°11.20 N, 114°13.74 W following 

the river northeast to 34°10.10 N, 

114°16.61 W. 

(b) Enforcement Period. This section 

will be enforced each day from 6 a.m. 

to 6 p.m. on October 24, 2008 through 

October 26, 2008. If the event concludes 

prior to the scheduled termination time, 

the Captain of the Port will cease 

enforcement of this safety zone and will 

announce that fact via Broadcast Notice 

to Mariners. 

(c) Definitions. The following 

definition applies to this section: 

Designated representative, means any 

commissioned, warrant, and petty 

officers of the Coast Guard onboard 

Coast Guard, Coast Guard Auxiliary, 

and local, state, and federal law 

enforcement vessels who have been 

authorized to act on the behalf of the 

Captain of the Port. 

(d) Regulations. (1) Entry into, transit 

through or anchoring within this safety 

zone is prohibited unless authorized by 

the Captain of the Port of San Diego or 

his designated representative. 

(2) Mariners requesting permission to 

transit through the safety zone may 

request authorization to do so from the 

Patrol Commander (PATCOM). The 

PATCOM may be contacted on VHF–FM 

Channel 16. 

(3) All persons and vessels shall 

comply with the instructions of the 

Coast Guard Captain of the Port or the 

designated representative. 

(4) Upon being hailed by U.S. Coast 

Guard patrol personnel by siren, radio, 

flashing light, or other means, the 

operator of a vessel shall proceed as 

directed. 

(5) The Coast Guard may be assisted 

by other Federal, State, or local 

agencies. 

Dated: September 25, 2008. 

T.H. Farris, 

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

Port Sector San Diego. 

[FR Doc. E8–23903 Filed 10–8–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF COMMERCE 

United States Patent and Trademark 

Office 

37 CFR Part 10 

[Docket No. PTO–C–2005–0013] 

RIN 0651–AB55 

Changes to Representation of Others 

Before the United States Patent and 

Trademark Office 

AGENCY: United States Patent and 

Trademark Office, Commerce. 

ACTION: Final rule; correction. 

SUMMARY: The United States Patent and 

Trademark Office (Office) published a 

final rule in the Federal Register on 

August 14, 2008, adopting new rules 

governing the conduct of disciplinary 

investigations, issuing warnings when 

closing such investigations, disciplinary 

proceedings, non-disciplinary transfer 

to disability inactive status and 

reinstatement to practice before the 

Office. This document corrects 

omissions in that final rule and amends 

the Rules of Practice for consistency 

with the final rule. 

DATES: Effective Date: October 9, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Harry I. Moatz, Director of Enrollment 

and Discipline (OED Director), directly 

by telephone (571) 272–6069, by 

facsimile to (571) 273–6069 marked to 

the attention of Mr. Moatz, or by mail 

addressed to: Mail Stop OED—Ethics 

Rules, U.S. Patent and Trademark 

Office, P.O. Box 1450, Alexandria, 

Virginia 22313–1450. 

SUPPLEMENTARY INFORMATION: The Office 

published a final rule in the Federal 

Register of August 14, 2008 (73 FR 

47650), entitled ‘‘Changes to 

Representation of Others Before the 

United States Patent and Trademark 

Office.’’ In that final rule, 37 CFR 10.4 

is replaced and supplemented by 

§ 11.23. Also in that final rule, there are 

several references to ‘‘violation of any of 

the Mandatory Disciplinary Rules 

identified in § 10.20(b) of this 

subchapter.’’ This document corrects 

erroneous omissions from that final rule 

as discussed below. 

Section 10.4 inadvertently continued 

to remain in Part 10 although it should 

have been removed and reserved. Seven 

of the examples of conduct that 

constitute a violation of Mandatory 

Disciplinary Rule § 10.23—i.e., 

§§ 10.23(c)(5), (c)(6), (c)(13), (c)(14), 

(c)(15), (c)(16) and (c)(19)—and 

Mandatory Disciplinary Rule § 10.31(c) 

inadvertently continue to refer to rules 

in Part 10 although the referenced rules 

have been removed. They should refer 

to existing rules. This document 

corrects the text in the provisions of 

§§ 10.23 and 10.31 to reference the 

appropriate existing rules. 

The final rule is corrected as follows. 

Section 10.4 is removed and reserved 

(the substance of § 10.4 has been 

transferred and supplanted by § 11.23). 

Section 10.23(c)(5) changes its reference 

from ‘‘§ 10.6(c)’’ to ‘‘§ 11.6(c)’’ (the 

substance of the former § 10.6(c) was 

transferred to § 11.6(c)). Section 

10.23(c)(6) changes its reference from 

‘‘§ 10.158’’ to ‘‘§ 11.58’’ (the substance of 

the former § 10.158 was transferred to 

§ 11.58). Section 10.23(c)(13) changes its 


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59514 Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Rules and Regulations 

1Request of the United States Postal Service to 

Add Global Plus 2 Negotiated Service Agreements 

to the Competitive Product List, and Notice of 

reference from ‘‘§ 10.10(b)’’ to 

‘‘§ 11.10(b)’’ (the substance of the former 

§ 10.10(b) was transferred to § 11.10(b)). 

Section 10.23(c)(14) changes its 

reference from ‘‘§ 10.6’’ to ‘‘§ 11.6’’ (the 

substance of the former § 10.6 was 

transferred to § 11.6). Section 

10.23(c)(15) changes its reference from 

‘‘10.18’’ to ‘‘11.18’’ (the substance of the 

former 10.18 was transferred to 11.18). 

Section 10.23(c)(16) changes its 

reference from ‘‘paragraph (b) of 

§ 10.131’’ to ‘‘§ 11.22(b)’’ (the substance 

of the former § 10.131(b) was included 

in § 11.22(b)). Section 10.23(c)(19) 

changes its reference from ‘‘§ 10.10(c)’’ 

to ‘‘§ 11.10(d)’’ (the substance of the 

former § 10.10(c) was transferred to 

§ 11.10(d)). Section 10.31(c) changes its 

reference from ‘‘§ 10.14(b)’’ to 

‘‘§ 11.14(b)’’ (the substance of the former 

§ 10.14(b) was transferred to § 11.14(b)). 

Section 553(d) of the Administrative 

Procedure Act (5 U.S.C. 553(d)) 

ordinarily requires a 30-day delay in the 

effective date of final rules after the date 

of their publication in the Federal 

Register. This 30-day delay in effective 

date can be waived, however, if an 

agency finds for good cause that the 

delay is impracticable, unnecessary, or 

contrary to the public interest. The 

change to 37 CFR 10.4 corrects a 

technical error inasmuch as the 

substance of § 10.4 was transferred to 

and supplemented by § 11.23. The 

changes in 37 CFR 10.23(c)(5), (c)(6), 

(c)(13), (c)(14), (c)(15), (c)(16) and (c)(19) 

and 10.31(c) correct a technical error in 

referencing sections. The changes in 37 

CFR 10.23(c)(5), (c)(6), (c)(13), (c)(14), 

(c)(15), (c)(16) and (c)(19) and 10.31(c) 

do not change the conduct expected of 

practitioners from the final rule 

published on August 14, 2008, but 

merely correct the language consistent 

with the existing and intended text. The 

Office finds it impracticable to have a 

30-day delayed effective date for these 

technical corrections as practitioners 

should not be misled or confused by 

rules referring to removed provisions of 

Part 10, and practitioners should not be 

expected to abide by rules that have 

been removed from Part 10. 

Furthermore, the Office finds that it is 

in the public’s interest to correct the 

changes in text to avoid misleading 

constructions of the rules. Therefore, the 

Office is waiving the 30-day delay in 

effective date for the technical 

corrections in this notice. 

■ Accordingly, the Patent and 

Trademark Office makes the following 

correcting amendments to 37 CFR part 

10: 

PART 10—REPRESENTATION OF 

OTHERS BEFORE THE PATENT AND 

TRADEMARK OFFICE 

■ 1. The authority citation for 37 CFR 

part 10 continues to read as follows: 

Authority: 5 U.S.C. 500; 15 U.S.C. 1123; 35 

U.S.C. 2, 6, 32, 41. 

§ 10.4 [Removed and reserved] 

■ 2. Section 10.4 is removed and 

reserved. 

■ 3. Section 10.23 is amended by 

revising paragraphs (c)(5), (c)(6), (c)(13), 

(c)(14), (c)(15), (c)(16) and (c)(19) to read 

as follows: 

§ 10.23 Misconduct. 

* * * * * 

(c) * * * 

(5) Suspension or disbarment from 

practice as an attorney or agent on 

ethical grounds by any duly constituted 

authority of a State or the United States 

or, in the case of a practitioner who 

resides in a foreign country or is 

registered under § 11.6(c), by any duly 

constituted authority of: 

(i) A State, 

(ii) The United States, or 

(iii) The country in which the 

practitioner resides. 

(6) Knowingly aiding or abetting a 

practitioner suspended or excluded 

from practice before the Office in 

engaging in unauthorized practice 

before the Office under § 11.58. 

* * * * * 

(13) Knowingly preparing or 

prosecuting or providing assistance in 

the preparation or prosecution of a 

patent application in violation of an 

undertaking signed under § 11.10(b). 

(14) Knowingly failing to advise the 

Director in writing of any change which 

would preclude continued registration 

under § 11.6. 

(15) Signing a paper filed in the Office 

in violation of the provisions of § 11.18 

or making a scandalous or indecent 

statement in a paper filed in the Office. 

(16) Willfully refusing to reveal or 

report knowledge or evidence to the 

Director contrary to § 10.24 or 

§ 11.22(b). 

* * * * * 

(19) Action by an employee of the 

Office contrary to the provisions set 

forth in § 11.10(d). 

* * * * * 

■ 4. Section 10.31 is amended by 

revising paragraph (c) to read as follows: 

§ 10.31 Communications concerning a 

practitioner’s services. 

* * * * * 

(c) Unless authorized under 

§ 11.14(b), a non-lawyer practitioner 

shall not hold himself or herself out as 

authorized to practice before the Office 

in trademark cases. 

* * * * * 

Dated: October 1, 2008. 

Jon W. Dudas, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. E8–23908 Filed 10–8–08; 8:45 am] 

BILLING CODE 3510–16–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3020 

[Docket Nos. MC2008–7, CP2008–16 and 

CP2008–17; Order No. 112] 

Administrative Practice and Procedure, 

Postal Service 

AGENCY: Postal Regulatory Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is adding a 

new product identified as Global Plus 2 

Negotiated Service Agreements to the 

Mail Classification Schedule 

Competitive Product List. This action is 

consistent with changes in a recent law 

governing postal operations. Republication of the lists of market 

dominant and competitive products is 

also consistent with new requirements 

in the law. 

DATES: Effective October 9, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–789–6820 and 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: Regulatory 

History, 73 FR 49723 (August 22, 2008). 

The Postal Service seeks to add a new 

product identified as Global Plus 2 

Negotiated Service Agreements to the 

Competitive Product List. For the 

reasons discussed below, the 

Commission approves the Request. 

I. Background 

On August 8, 2008, the Postal Service 

filed a Request with the Commission for 

the addition of a new product, which it 

identifies as Global Plus 2 Negotiated 

Service Agreements, to the Mail 

Classification Schedule’s Competitive 

Product List for prices not of general 

applicability. A concurrent Notice 

announces issuance of a Governors’ 

Decision authorizing the new product 

and the Postal Service’s execution, 

under this authority, of two contracts it 

considers functionally equivalent.1


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