Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Rules and Regulations 59511 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

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 

Commandant Instruction M16475.lD 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded 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 

Check List’’ 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 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1 

■ 2. Add § 165.T11–034 to read as 

follows: 

§ 165.T11–034 Safety zone; BWRC Annual 

Thanksgiving Regatta; Lake Moolvalya, 

Parker, AZ. 

(a) Location. The limits of the 

proposed safety zone are as follows: the 

Headgate Dam at 34°10.15′ N, 114°16.62′ 

W to 34°10.08′ N, 114°16.61′ W 

following the river east to a line at 

34°10.25′ N, 114°15.70′ W to 34°10.37′ 

N, 114°15.74′ W. 

(b) Enforcement Period. This section 

will be enforced daily from 6 a.m. to 

6 p.m. on November 28, 2008 through 

November 30, 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 on board 

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. E8–23906 Filed 10–8–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0245] 

RIN 1625–AA00 

Safety Zone; BWRC ‘300’ Enduro; Lake 

Moolvalya, Parker, AZ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard establishes a 

safety zone, on the navigable waters of 

Lake Moolvalya region on the lower 

Colorado River, in support of the 

Bluewater Resort and Casino ‘300’ 

Enduro. This safety zone is necessary to 

provide for the safety of the 

participants, crew, spectators, 

participating vessels, and other vessels 

and users of the waterway. Persons and 

vessels are prohibited from entering 

into, transiting through, or anchoring 

within this safety zone unless 

authorized by the Captain of the Port, or 

his designated representative. 

DATES: This rule is effective from 6 a.m. 

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

October 26, 2008. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2008–0245 and are 

available online at http:// 

www.regulations.gov. This material is 

also available for inspection or copying 

at two locations: The Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays and the U.S. 

Coast Guard Sector San Diego, 2710 N. 

Harbor Drive, San Diego, CA 92101 

between 8 a.m. and 3 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call Petty Officer Kristen Beer, 

USCG, Waterways Management, U.S. 

Coast Guard Sector San Diego at (619) 

278–7233. If you have questions on 

viewing the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On June 11, 2008, we published a 

notice of proposed rulemaking (NPRM) 

entitled Safety Zone; BWRC ‘300’ 

Enduro; Lake Moolvalya, Parker, 

Arizona in the Federal Register (73 FR 

33033). We received no letters 

commenting on the proposed rule. No 

public meeting was requested, and none 

was held. 

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 

would be contrary to the public interest, 

since immediate action is needed to 

ensure the public’s safety. 


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59512 Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Rules and Regulations 

Background and Purpose 

RPM Racing Enterprises is sponsoring 

the Bluewater Resort and Casino ‘300’ 

Enduro. The event is a closed boat 

endurance race consisting of 30 to 50 

powerboats ranging from 16 to 26 feet in 

length. The sponsor will provide four 

water rescue boats and eight patrol boats 

for this event. This safety zone is 

necessary to provide for the safety of the 

participants, crew, spectators, sponsor 

vessels, and other users of the 

waterway. 

Discussion of Comments and Changes 

There were no issues raised by this 

proposed event. There are no changes 

from the NPRM posted in the Federal 

Register. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

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. 

This rule will affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to transit or anchor in 

a region of Lake Moolvalya on the lower 

Colorado River from 6 a.m. to 6 p.m. on 

October 24–26, 2008. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. This rule will be 

in effect for 12 hours a day for a period 

of three days. Although the safety zone 

will apply to the entire width of the 

river, traffic will be allowed to pass 

through the zone with the permission of 

the Coast Guard patrol commander. 

Before the effective period, we will 

publish a local notice to mariners (LNM) 

and will issue broadcast notice to 

mariners (BNM) alerts via marine 

channel 16 VFH before the safety zone 

is enforced. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

in the NPRM we offered to assist small 

entities in understanding the rule so 

that they could better evaluate its effects 

on them and participate in the 

rulemaking process. 

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. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

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 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. 

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

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. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 


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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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