Miscellaneous Changes to Trademark Trial and Appeal Board Rules of Practice; Correction, 89382-89383 [2016-29728]

Download as PDF 89382 Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations Dated: December 6, 2016. Aaron Santa Anna, Assistant General Counsel for Regulations. [FR Doc. 2016–29643 Filed 12–9–16; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2016–1037] Drawbridge Operation Regulation; Connecticut River, East Haddam, CT Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Route 82 Bridge across the Connecticut River, mile 16.8, at East Haddam, Connecticut. This deviation is necessary to allow the bridge owner to perform emergency repairs at the bridge. This deviation allows the bridge to be opened with a 15 minute advance notice during the hours of 7 a.m. through 5 p.m. on December 20, 2016 and December 27, 2016. DATES: This deviation is effective from 7 a.m. on December 20, 2016 to 5 p.m. on December 27, 2016. ADDRESSES: The docket for this deviation, [USCG–2016–1037] is available at http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH’’. Click on Open Docket Folder on the line associated with this deviation. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email Judy Leung-Yee, Project Officer, First Coast Guard District, telephone (212) 514–4330, email judy.k.leung-yee@uscg.mil. SUPPLEMENTARY INFORMATION: The Route 82 Bridge, mile 16.8, across the Connecticut River, has a vertical clearance in the closed position of 22 feet at mean high water and 25 feet at mean low water. The existing bridge operating regulations are found at 33 CFR 117.205(c). The waterway is transited by seasonal recreational traffic and some commercial barge traffic of various sizes. The bridge owner, Connecticut Department of Transportation, requested a temporary deviation from the normal operating schedule to perform emergency repairs at the bridge. mstockstill on DSK3G9T082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:18 Dec 09, 2016 Jkt 241001 Under this temporary deviation, the Route 82 Bridge shall open on signal on December 20, 2016 between 7 a.m. and 5 p.m. and on December 27, 2016 between 7 a.m. and 5 p.m. if at least 15 minutes advance notice is given by calling the number posted at the bridge. Vessels able to pass under the bridge in the closed position may do so at anytime. The bridge will not be able to open for emergencies and there is no immediate alternate route for vessels to pass. The Coast Guard will inform the users of the waterways through our Local Notice and Broadcast to Mariners of the change in operating schedule for the bridge so that vessel operations can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: December 7, 2016. C.J. Bisignano, Supervisory Bridge Management Specialist, First Coast Guard District. [FR Doc. 2016–29732 Filed 12–9–16; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF COMMERCE Patent and Trademark Office 37 CFR Part 2 [Docket No. PTO–T–2016–0053] RIN 0651–AD13 Miscellaneous Changes to Trademark Trial and Appeal Board Rules of Practice; Correction United States Patent and Trademark Office, Commerce. ACTION: Final rule; correction. AGENCY: The United States Patent and Trademark Office published in the Federal Register on October 7, 2016 a final rule, which will become effective on January 14, 2017, revising the Rules of Practice before the Trademark Trial and Appeal Board. This document corrects errors in certain crossreferences, clarifies the manner of testimony taken in a foreign country and the process in depositions upon written questions, and reincorporates the time frames for cross appeals and cross actions in that rule. SUMMARY: PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 This rule is effective January 14, 2017, and applies to all proceedings pending on or after the effective date. FOR FURTHER INFORMATION CONTACT: Cheryl Butler, Trademark Trial and Appeal Board, by email at TTABFRNotices@uspto.gov, or by telephone at (571) 272–4259. SUPPLEMENTARY INFORMATION: The USPTO issues this final rule to correct inadvertent errors in certain crossreferences in §§ 2.124(f) and 2.126(c), to clarify the manner of testimony taken in a foreign country in § 2.123(a)(2), to clearly incorporate cross-examination in the process of depositions upon written questions in § 2.124(d)(1), and to reincorporate explicit timing requirements for cross-appeals and cross-actions in § 2.145(d)(1) and (3) of its October 7, 2016 final rule revising the Trademark Trial and Appeal Board Rules of Practice. (81 FR 69950) (published under RIN 0651–AC35). The first sentence of § 2.123(a)(2) is clarified to separate motions to take depositions upon written questions by oral examination from testimony by affidavit or declaration. To implement this clarification, the phrase ‘‘A testimonial deposition’’ is replaced with ‘‘Testimony’’ and the clause ‘‘by affidavit or declaration, subject to the right of any adverse party to elect to take and bear the expense of crossexamination by written questions of that witness’’ is moved to clearly delineate it. The first sentence of § 2.124(d)(1) should cross reference paragraphs (b)(1) and (2) rather than only (b). A paragraph was added to § 2.124(b) which operated to renumber that section, and the cross reference was not updated. In addition, in the first, third and sixth sentences, further clarification was needed to clearly incorporate the timing for crossexamination upon written questions of testimony by affidavit or declaration. The second sentence of § 2.124(f) should cross reference § 2.125(c) rather than § 2.125(b). A paragraph was added to § 2.125, which operated to renumber that section, and the cross reference was not updated. The first sentence of § 2.126(c) should cross reference § 2.125(f) rather than § 2.125(e). A paragraph was added to § 2.125, which operated to renumber that section, and the cross reference was not updated. The October 7, 2016 final rule amended the timing requirements for appeals and civil actions, but inadvertently omitted the timing requirement for cross-actions from § 2.145(d)(3). Therefore, this correction revises the last sentence in § 2.145(d)(3) DATES: E:\FR\FM\12DER1.SGM 12DER1 Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations to reincorporate the timing requirement for cross-actions. Also, this correction revises § 2.145(d)(1) concerning crossappeals to have consistency between § 2.145(d)(3) and (d)(1). This correcting rule may be issued without prior notice and opportunity for comment as the corrections are nonsubstantive and being implemented to avoid inconsistencies and confusion with the rule issued on October 7, 2016. The USPTO corrects the errors as discussed below. In FR Doc. 2016–23092, published on October 7, 2016 (81 FR 69950), make the following corrections: § 2.123 [Corrected] 1. On page 69981, column 2, in paragraph (a)(2) of § 2.123, the first sentence is corrected to read ‘‘Testimony taken in a foreign country shall be taken: by deposition upon written questions as provided by § 2.124, unless the Board, upon motion for good cause, orders that the deposition be taken by oral examination, or the parties so stipulate; or by affidavit or declaration, subject to the right of any adverse party to elect to take and bear the expense of crossexamination by written questions of that witness.’’ ■ § 2.124 2. On page 69982, column 3, in paragraph (d)(1) of § 2.124: ■ i. The cross reference to ‘‘paragraph (b)’’ is corrected to read ‘‘paragraphs (b)(1) and (2)’’; ■ ii. The term ‘‘direct testimony’’ is corrected to read ‘‘direct examination’’ in both instances; ■ iii. In the third sentence the phrase ‘‘or service of a testimony affidavit or declaration,’’ is added before the phrase ‘‘any adverse party may serve cross questions upon the party who proposes to take the deposition’’; and ■ iv. In the sixth sentence the phrase ‘‘or who earlier offered testimony of the witness by affidavit or declaration’’ is added after the phrase ‘‘any party who served cross questions may serve recross questions upon the party who proposes to take the deposition’’. 3. On page 69983, column 1, in paragraph (f) of § 2.124, the cross reference to ‘‘§ 2.125(b)’’ is corrected to read ‘‘§ 2.125(c)’’. mstockstill on DSK3G9T082PROD with RULES ■ [Corrected] 4. On page 69983, column 3, in paragraph (c) of § 2.126, the cross reference to ‘‘§ 2.125(e)’’ is corrected to read ‘‘§ 2.125(f)’’. ■ VerDate Sep<11>2014 16:18 Dec 09, 2016 [Corrected] 5. On page 69987, column 2, in paragraph (d)(1) of § 2.145, the last sentence is removed and added in its place is ‘‘In inter partes cases, the time for filing a notice of cross-appeal expires 14 days after service of the notice of appeal or 63 days from the date of the decision of the Trademark Trial and Appeal Board or the Director, whichever is later.’’ ■ 6. On page 69987, column 2, in paragraph (d)(3) of § 2.145, this final sentence is added ‘‘In inter partes cases, the time for filing a cross-action expires 14 days after service of the summons and complaint or 63 days from the date of the decision of the Trademark Trial and Appeal Board or the Director, whichever is later.’’ ■ Dated: December 6, 2016. Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. 2016–29728 Filed 12–9–16; 8:45 am] BILLING CODE 3510–16–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 17 RIN 2900–AP35 [Corrected] ■ § 2.126 § 2.145 Jkt 241001 Tiered Pharmacy Copayments for Medications Department of Veterans Affairs. Final rule. AGENCY: ACTION: The Department of Veterans Affairs (VA) adopts as a final rule, with changes, a proposal to amend its regulations concerning copayments charged to certain veterans for medication required on an outpatient basis to treat nonservice-connected conditions. Prior to this final rule, VA charged non-exempt veterans either $8 or $9 for each 30-day or less supply of medication, and that amount may have changed in future years. This rulemaking replaces those rates and establishes three classes of medications for copayment purposes, identified as Tier 1, Tier 2, and Tier 3. These tiers are defined further in the rulemaking and are distinguished in part based on whether the medications are available from multiple sources or a single source, with some exceptions. Copayment amounts are fixed and would vary depending upon the class of medication. The following medication copayment amounts are applicable on the effective date of this final rule: $5 for a 30-day or less supply of a Tier 1 medication, $8 SUMMARY: PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 89383 for a 30-day or less supply of a Tier 2 medication, and $11 for a 30-day or less supply of a Tier 3 medication. For nonexempt veterans these copayment amounts will result in lower out-ofpocket costs, thereby encouraging greater adherence to taking prescribed medications and reducing the risk of fragmented care that results when veterans use non-VA pharmacies to fill their prescriptions. The proposed rule was published on January 5, 2016 and the public comment period closed on March 7, 2016. We received nine comments and respond to these comments here. DATES: Effective Date: This rule is effective on February 27, 2017. FOR FURTHER INFORMATION CONTACT: Bridget Souza, Office of Community Care (10D), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 382–2537. (This is not a toll-free number.) SUPPLEMENTARY INFORMATION: Under 38 U.S.C. 1722A(a), VA must require veterans to pay at least a $2 copayment for each 30-day supply of medication furnished on an outpatient basis for the treatment of a non-service-connected disability or condition, unless the veteran is exempt from having to pay a copayment because the veteran has a service-connected disability rated 50 percent or more, is a former prisoner of war, or has an annual income at or below the maximum annual rate of VA pension that would be payable if the veteran were eligible for pension. VA has the authority under 38 U.S.C. 1722A(b) to increase that copayment amount and establish a maximum annual copayment amount (a ‘‘cap’’) through regulation. We have implemented this statute in 38 CFR 17.110. Both the copayment amount for certain priority groups, as well as an annual cap on those copayments, are addressed in 38 CFR 17.110(b). On January 5, 2016, we proposed a new medication copayment formula, in order to address longstanding concerns that the regulatory formula VA had been using was not competitive with non-VA retail copayment structures, lacked parity, may result in decreased medication adherence, and increased the likelihood of fragmented care due to price-shopping. 81 FR 196. The public comment period closed March 7, 2016, and we received nine comments, all of which were generally supportive. Several commenters expressed strong support for lowering the annual medication copayment amount. However, several commenters urged VA to make changes to different aspects of E:\FR\FM\12DER1.SGM 12DER1

Agencies

[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)]
[Rules and Regulations]
[Pages 89382-89383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29728]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Part 2

[Docket No. PTO-T-2016-0053]
RIN 0651-AD13


Miscellaneous Changes to Trademark Trial and Appeal Board Rules 
of Practice; Correction

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Final rule; correction.

-----------------------------------------------------------------------

SUMMARY: The United States Patent and Trademark Office published in the 
Federal Register on October 7, 2016 a final rule, which will become 
effective on January 14, 2017, revising the Rules of Practice before 
the Trademark Trial and Appeal Board. This document corrects errors in 
certain cross-references, clarifies the manner of testimony taken in a 
foreign country and the process in depositions upon written questions, 
and reincorporates the time frames for cross appeals and cross actions 
in that rule.

DATES: This rule is effective January 14, 2017, and applies to all 
proceedings pending on or after the effective date.

FOR FURTHER INFORMATION CONTACT: Cheryl Butler, Trademark Trial and 
Appeal Board, by email at TTABFRNotices@uspto.gov, or by telephone at 
(571) 272-4259.

SUPPLEMENTARY INFORMATION: The USPTO issues this final rule to correct 
inadvertent errors in certain cross-references in Sec. Sec.  2.124(f) 
and 2.126(c), to clarify the manner of testimony taken in a foreign 
country in Sec.  2.123(a)(2), to clearly incorporate cross-examination 
in the process of depositions upon written questions in Sec.  
2.124(d)(1), and to reincorporate explicit timing requirements for 
cross-appeals and cross-actions in Sec.  2.145(d)(1) and (3) of its 
October 7, 2016 final rule revising the Trademark Trial and Appeal 
Board Rules of Practice. (81 FR 69950) (published under RIN 0651-AC35).
    The first sentence of Sec.  2.123(a)(2) is clarified to separate 
motions to take depositions upon written questions by oral examination 
from testimony by affidavit or declaration. To implement this 
clarification, the phrase ``A testimonial deposition'' is replaced with 
``Testimony'' and the clause ``by affidavit or declaration, subject to 
the right of any adverse party to elect to take and bear the expense of 
cross-examination by written questions of that witness'' is moved to 
clearly delineate it.
    The first sentence of Sec.  2.124(d)(1) should cross reference 
paragraphs (b)(1) and (2) rather than only (b). A paragraph was added 
to Sec.  2.124(b) which operated to renumber that section, and the 
cross reference was not updated. In addition, in the first, third and 
sixth sentences, further clarification was needed to clearly 
incorporate the timing for cross-examination upon written questions of 
testimony by affidavit or declaration.
    The second sentence of Sec.  2.124(f) should cross reference Sec.  
2.125(c) rather than Sec.  2.125(b). A paragraph was added to Sec.  
2.125, which operated to renumber that section, and the cross reference 
was not updated.
    The first sentence of Sec.  2.126(c) should cross reference Sec.  
2.125(f) rather than Sec.  2.125(e). A paragraph was added to Sec.  
2.125, which operated to renumber that section, and the cross reference 
was not updated.
    The October 7, 2016 final rule amended the timing requirements for 
appeals and civil actions, but inadvertently omitted the timing 
requirement for cross-actions from Sec.  2.145(d)(3). Therefore, this 
correction revises the last sentence in Sec.  2.145(d)(3)

[[Page 89383]]

to reincorporate the timing requirement for cross-actions. Also, this 
correction revises Sec.  2.145(d)(1) concerning cross-appeals to have 
consistency between Sec.  2.145(d)(3) and (d)(1).
    This correcting rule may be issued without prior notice and 
opportunity for comment as the corrections are nonsubstantive and being 
implemented to avoid inconsistencies and confusion with the rule issued 
on October 7, 2016. The USPTO corrects the errors as discussed below.
    In FR Doc. 2016-23092, published on October 7, 2016 (81 FR 69950), 
make the following corrections:


Sec.  2.123   [Corrected]

0
1. On page 69981, column 2, in paragraph (a)(2) of Sec.  2.123, the 
first sentence is corrected to read ``Testimony taken in a foreign 
country shall be taken: by deposition upon written questions as 
provided by Sec.  2.124, unless the Board, upon motion for good cause, 
orders that the deposition be taken by oral examination, or the parties 
so stipulate; or by affidavit or declaration, subject to the right of 
any adverse party to elect to take and bear the expense of cross-
examination by written questions of that witness.''


Sec.  2.124   [Corrected]

0
2. On page 69982, column 3, in paragraph (d)(1) of Sec.  2.124:
0
i. The cross reference to ``paragraph (b)'' is corrected to read 
``paragraphs (b)(1) and (2)'';
0
ii. The term ``direct testimony'' is corrected to read ``direct 
examination'' in both instances;
0
iii. In the third sentence the phrase ``or service of a testimony 
affidavit or declaration,'' is added before the phrase ``any adverse 
party may serve cross questions upon the party who proposes to take the 
deposition''; and
0
iv. In the sixth sentence the phrase ``or who earlier offered testimony 
of the witness by affidavit or declaration'' is added after the phrase 
``any party who served cross questions may serve recross questions upon 
the party who proposes to take the deposition''.

0
3. On page 69983, column 1, in paragraph (f) of Sec.  2.124, the cross 
reference to ``Sec.  2.125(b)'' is corrected to read ``Sec.  
2.125(c)''.


Sec.  2.126  [Corrected]

0
4. On page 69983, column 3, in paragraph (c) of Sec.  2.126, the cross 
reference to ``Sec.  2.125(e)'' is corrected to read ``Sec.  
2.125(f)''.


Sec.  2.145   [Corrected]

0
5. On page 69987, column 2, in paragraph (d)(1) of Sec.  2.145, the 
last sentence is removed and added in its place is ``In inter partes 
cases, the time for filing a notice of cross-appeal expires 14 days 
after service of the notice of appeal or 63 days from the date of the 
decision of the Trademark Trial and Appeal Board or the Director, 
whichever is later.''

0
6. On page 69987, column 2, in paragraph (d)(3) of Sec.  2.145, this 
final sentence is added ``In inter partes cases, the time for filing a 
cross-action expires 14 days after service of the summons and complaint 
or 63 days from the date of the decision of the Trademark Trial and 
Appeal Board or the Director, whichever is later.''

    Dated: December 6, 2016.
Michelle K. Lee,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2016-29728 Filed 12-9-16; 8:45 am]
 BILLING CODE 3510-16-P