Approval and Promulgation of Air Quality Implementation Plans; Illinois; Withdrawal of Direct Final Rule, 1824-1825 [05-600]

Download as PDF 1824 Federal Register / Vol. 70, No. 7 / Tuesday, January 11, 2005 / Rules and Regulations from an invention claimed in a noncommonly owned patent by or on behalf of parties to a joint research agreement in which the inventions claimed in the application or patent under reexamination and in the other patent were made as a result of activities undertaken within the scope of the joint research agreement. This double patenting rejection will be made regardless of whether the application or patent under reexamination and the non-commonly owned patent have the same or a different inventive entity. This double patenting rejection may be obviated by filing a terminal disclaimer in accordance with § 1.321(d). § 1.130 6. Section 1.130 is amended by removing and reserving paragraph (b). I 7. Section 1.321 is amended by adding a new paragraph (d) to read as follows: I § 1.321 Statutory disclaimers, including terminal disclaimers. * * * * * (d) A terminal disclaimer, when filed in a patent application (rejected application) or in a reexamination proceeding (rejected patent) to obviate a double patenting rejection based upon a patent (disqualified patent) or application (disqualified application) that is not commonly owned but was disqualified under 35 U.S.C. 103(c) as resulting from activities undertaken within the scope of a joint research agreement, must: (1) Comply with the provisions of paragraphs (b)(2) through (b)(4) of this section; (2) Be signed in accordance with paragraph (b)(1) of this section if filed in a patent application or be signed in accordance with paragraph (a)(1) of this section if filed in a reexamination proceeding; (3) Be signed by the patentee or by the applicant, or an attorney or agent of record, of the disqualified patent or application; and (4) Include a provision that the owner of the rejected application or patent and the owner of the disqualified patent or application each: (i) Waive the right to separately enforce and the right to separately license the rejected application or patent and the disqualified patent or application; (ii) Agree that the rejected application or patent and the disqualified patent or application shall be enforceable only for and during such period that the rejected patent or application and the disqualified patent or application are not separately enforced and are not separately licensed; and 14:32 Jan 10, 2005 ENVIRONMENTAL PROTECTION AGENCY PART 3—ASSIGNMENT, RECORDING AND RIGHTS OF ASSIGNEE Approval and Promulgation of Air Quality Implementation Plans; Illinois; Withdrawal of Direct Final Rule 8. The authority citation for 37 CFR part 3 continues to read as follows: I Authority: 15 U.S.C. 1123; 35 U.S.C. 2(b)(2). 9. Section 3.11 is amended by adding a new paragraph (c) to read as follows: I § 3.11 [Amended] VerDate jul<14>2003 (iii) Agree that such waiver and agreement shall be binding upon the owner of the rejected application or patent, its successors, or assigns, and the owner of the disqualified patent or application, its successors, or assigns. Jkt 205001 Documents which will be recorded. * * * * * (c) A joint research agreement or an excerpt of a joint research agreement will also be recorded as provided in this part. A joint research agreement or excerpt of a joint research agreement submitted for recording by the Office must include the name of each party to the joint research agreement, the date the joint research agreement was executed, and a concise statement of the field of invention. 10. Section 3.31 is amended by adding a new paragraph (g) to read as follows: I § 3.31 Cover sheet content. * * * * * (g) The cover sheet required by § 3.28 seeking to record a joint research agreement or an excerpt of a joint research agreement as provided by § 3.11(c) must: (1) Identify the document as a ‘‘joint research agreement’’ (in the space provided for the description of the interest conveyed or transaction to be recorded if using an Office-provided form); (2) Indicate the name of the owner of the application or patent (in the space provided for the name and address of the party receiving the interest if using an Office-provided form); (3) Indicate the name of each other party to the joint research agreement party (in the space provided for the name of the party conveying the interest if using an Office-provided form); and (4) Indicate the date the joint research agreement was executed. Dated: January 4, 2005. Jon W. Dudas, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. 05–461 Filed 1–10–05; 8:45 am] BILLING CODE 3510–16–P PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 40 CFR Part 52 [R05–OAR–2004–IL–0003; FRL–7861–1] Environmental Protection Agency (EPA). ACTION: Withdrawal of direct final rule. AGENCY: SUMMARY: Due to the receipt of an adverse comment, the EPA is withdrawing the November 12, 2004 (69 FR 65378), direct final rule approving a site specific revision to the sulfur dioxide emissions limits for Central Illinois Light Company’s Edwards Generating Station in Peoria County, Illinois. The State of Illinois submitted this revision as a modification to the State Implementation Plan for Sulfur Dioxide on July 29, 2003. In the direct final rule, EPA stated that if adverse comments were submitted by December 13, 2004, the rule would be withdrawn and not take effect. On December 13, 2004, EPA received a comment. EPA believes this comment is adverse and, therefore, EPA is withdrawing the direct final rule. EPA will address the comment in a subsequent final action based upon the proposed action also published on November 12, 2004 (69 FR 65394). EPA will not institute a second comment period on this action. DATES: The direct final rule published at 69 FR 65378 on November 12, 2004 is withdrawn as of January 11, 2005. FOR FURTHER INFORMATION CONTACT: Mary Portanova, Environmental Engineer, Criteria Pollutant Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, Telephone: (312) 353–5954. E-Mail Address: portanova.mary@epa.gov. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Sulfur dioxide. Authority: 42 U.S.C. 7401 et seq. Dated: January 4, 2005. Norman Niedergang, Acting Regional Administrator, Region 5. Accordingly, the amendment to 40 CFR 52.720 published in the Federal Register on November 12, 2004 (69 FR 65378) on pages I E:\FR\FM\11JAR1.SGM 11JAR1 Federal Register / Vol. 70, No. 7 / Tuesday, January 11, 2005 / Rules and Regulations 65378–65381 are withdrawn as of January 11, 2005. [FR Doc. 05–600 Filed 1–10–05; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [FRL–7857–8] New York: Final Authorization of State Hazardous Waste Management Program Revision Environmental Protection Agency (EPA). ACTION: Immediate final rule. AGENCY: SUMMARY: New York has applied to EPA for Final authorization of changes to its hazardous waste program under the Solid Waste Disposal Act, as amended, commonly referred to as Resource Conservation and Recovery Act (RCRA). EPA has determined that these changes satisfy all requirements needed to qualify for final authorization, and is authorizing the State’s changes through this immediate final action. EPA is publishing this rule to authorize the changes without a prior proposal because we believe this action is not controversial and do not expect comments that oppose it. Unless we get written comments which oppose this authorization during the comment period, the decision to authorize New York’s changes to its hazardous waste program will take effect as provided below. If we get comments that oppose this action, we will publish a document in the Federal Register withdrawing this rule, or the portion of the rule that is the subject of the comments, before it takes effect and a separate document in the proposed rules section of this Federal Register will serve as a proposal to authorize the changes. DATES: This final authorization will become effective on March 14, 2005, unless EPA receives adverse written comment by February 10, 2005. If EPA receives such comment, it will publish a timely withdrawal of this immediate final rule or those paragraphs or sections of this rule which are the subject of the comments opposing the authorization in the Federal Register and inform the public that only the portion of the rule that is not withdrawn will take effect. (See Section E of this rule for further details.) ADDRESSES: Submit your comments, identified by FRL–7857–8 by one of the following methods: VerDate jul<14>2003 14:32 Jan 10, 2005 Jkt 205001 • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the on-line instructions for submitting comments. • E-mail: infurna.michael@epamail.epa.gov. • Fax: (212) 637–4437. • Mail: Send written comments to Michael Infurna, Division of Environmental Planning and Protection, EPA, Region 2, 290 Broadway, 22nd Floor, New York, NY 10007. • Hand Delivery or Courier: Deliver your comments to Michael Infurna, Division of Environmental Planning and Protection, EPA, Region 2, 290 Broadway, 22nd Floor, New York, NY 10007. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The public is advised to call in advance to verify the business hours. Special arrangements should be made for deliveries of boxed information. You can view and copy New York’s application during business hours at the following addresses: EPA Region 2 Library, 290 Broadway, 16th Floor, New York, NY 10007, Phone number: (212) 637–3185; or New York State Department of Environmental Conservation, Division of Solid and Hazardous Materials, 625 Broadway, Albany, NY 12233–7250, Phone number: (518) 402–8730. The public is advised to call in advance to verify the business hours of the above locations. Instructions: Direct your comments to FRL–7857–8. EPA’s policy is that all comments received will be included in the public docket without change, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov, or e-mail. The Federal regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties, and cannot contact you for clarification, EPA may PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 1825 not be able to consider your comment. Electronic files should avoid the use of special characters or any form of encryption, and be free of any defects or viruses. FOR FURTHER INFORMATION CONTACT: Michael Infurna, Division of Environmental Planning and Protection, EPA Region 2, 290 Broadway, 22nd floor, New York, NY 10007; telephone number (212) 637–4177; fax number: (212) 637–4377; e-mail address: infurna.michael@epamail.epa.gov. SUPPLEMENTARY INFORMATION: A. Why Are Revisions to State Programs Necessary? States which have received final authorization from EPA under RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste program that is equivalent to, consistent with, and no less stringent than the Federal program. As the Federal program changes, States must change their programs and ask EPA to authorize the changes. Changes to State programs may be necessary when Federal or State statutory or regulatory authority is modified or when certain other changes occur. Most commonly, States must change their programs because of changes to EPA’s regulations in 40 Code of Federal Regulations (CFR) parts 124, 260 through 266, 268, 270, 273 and 279. B. What Decisions Have We Made in This Rule? We conclude that New York’s application to revise its authorized program meets all of the statutory and regulatory requirements established by RCRA. Therefore, we grant New York final authorization to operate its hazardous waste program with the changes described in the authorization application. New York has responsibility for permitting Treatment, Storage, and Disposal Facilities (TSDFs) within its borders (except in Indian Country) and for carrying out the aspects of the RCRA program described in its revised program application, subject to the limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal requirements and prohibitions imposed by Federal regulations that EPA promulgates under the authority of HSWA take effect in authorized States before the States are authorized for the requirements. Thus, EPA will implement those requirements and prohibitions in New York, including issuing permits if necessary, until the State is granted authorization to do so. E:\FR\FM\11JAR1.SGM 11JAR1

Agencies

[Federal Register Volume 70, Number 7 (Tuesday, January 11, 2005)]
[Rules and Regulations]
[Pages 1824-1825]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-600]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R05-OAR-2004-IL-0003; FRL-7861-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Illinois; Withdrawal of Direct Final Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: Due to the receipt of an adverse comment, the EPA is 
withdrawing the November 12, 2004 (69 FR 65378), direct final rule 
approving a site specific revision to the sulfur dioxide emissions 
limits for Central Illinois Light Company's Edwards Generating Station 
in Peoria County, Illinois. The State of Illinois submitted this 
revision as a modification to the State Implementation Plan for Sulfur 
Dioxide on July 29, 2003. In the direct final rule, EPA stated that if 
adverse comments were submitted by December 13, 2004, the rule would be 
withdrawn and not take effect. On December 13, 2004, EPA received a 
comment. EPA believes this comment is adverse and, therefore, EPA is 
withdrawing the direct final rule. EPA will address the comment in a 
subsequent final action based upon the proposed action also published 
on November 12, 2004 (69 FR 65394). EPA will not institute a second 
comment period on this action.

DATES: The direct final rule published at 69 FR 65378 on November 12, 
2004 is withdrawn as of January 11, 2005.

FOR FURTHER INFORMATION CONTACT: Mary Portanova, Environmental 
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J), 
U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, Telephone: (312) 353-5954. E-Mail 
Address: portanova.mary@epa.gov.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Sulfur dioxide.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: January 4, 2005.
Norman Niedergang,
Acting Regional Administrator, Region 5.


0
Accordingly, the amendment to 40 CFR 52.720 published in the Federal 
Register on November 12, 2004 (69 FR 65378) on pages

[[Page 1825]]

65378-65381 are withdrawn as of January 11, 2005.

[FR Doc. 05-600 Filed 1-10-05; 8:45 am]
BILLING CODE 6560-50-P
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