Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Proposed Rules 86525 

and agreeing that the patent or any 

patent granted on the application for 

which the disclaimer is filed shall be 

enforceable only for and during such 

period that the patent or any patent 

granted on the application for which the 

terminal disclaimer is filed and the 

reference patent or any patent granted 

on the reference application are not 

separately enforced. 

(2) A terminal disclaimer may be filed 

under paragraph (d)(1) of this section if 

the requirements of paragraph (d)(2)(i) 

or (ii), as applicable, have been met. 

(i) For applications or patents subject 

to 35 U.S.C. 102 in effect on March 16, 

2013. 

(A) The applicant or patent owner 

provides, or has provided, a statement 

to the effect that the subject matter of 

the reference patent or application was 

developed and the claimed invention 

was made by or on behalf of one or more 

parties to a joint research agreement, 

within the meaning of 35 U.S.C. 100(h) 

and § 1.9(e), that was in effect on or 

before the effective filing date of the 

claimed invention, and the claimed 

invention was made as a result of 

activities undertaken within the scope 

of the joint research agreement; and 

(B) The application for patent, or the 

patent, for the claimed invention 

discloses or is amended to disclose the 

names of the parties to the joint research 

agreement in accordance with § 1.71(g). 

(ii) For applications or patents subject 

to 35 U.S.C. 102 in effect prior to March 

16, 2013. 

(A) The applicant or patent owner 

provides, or has provided, a statement 

to the effect that the subject matter of 

the reference patent or application and 

the claimed invention were made by or 

on behalf of the parties to a joint 

research agreement, within the meaning 

of 35 U.S.C. 100(h) and § 1.9(e), that was 

in effect on or before the date the 

claimed invention was made, and that 

the claimed invention was made as a 

result of activities undertaken within 

the scope of the joint research 

agreement; and 

(B) The application for patent, or the 

patent, for the claimed invention 

discloses or is amended to disclose the 

names of the parties to the joint research 

agreement in accordance with § 1.71(g). 

(e) Submission of a disclaimer during 

an interference under subpart E of part 

41 or a proceeding under part 42. A 

disclaimer of a complete claim or 

claims, or a disclaimer of the entire term 

or terminal part of the term (terminal 

disclaimer) under this section, of a 

patent involved in an interference under 

subpart E of part 41 of this chapter or 

a proceeding under part 42 of this 

chapter may not be entered into the 

official file or considered, or if 

inadvertently entered, will be expunged 

unless a motion requesting to file the 

disclaimer under §§ 41.121(a)(2), 

41.121(a)(3), or 42.20 of this chapter has 

been granted. 

Andrei Iancu, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. 2020–27676 Filed 12–29–20; 8:45 am] 

BILLING CODE 3510–16–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1989–0008; FRL–10018– 

19–OLEM] 

Proposed Deletion From the National 

Priorities List 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; notice of intent. 

SUMMARY: The Environmental Protection 

Agency (EPA) is issuing a Notice of 

Intent to partially delete the North 

Penn—Area 6 site from the National 

Priorities List (NPL) and requests public 

comments on this proposed action. The 

NPL, promulgated pursuant to the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

an appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the Commonwealth of Pennsylvania, 

through its designated state agency, 

have determined that all appropriate 

response actions under CERCLA, other 

than operations and maintenance, 

monitoring and five-year reviews, where 

applicable, have been completed. 

However, this proposed deletion would 

not preclude future actions under 

Superfund. 

DATES: Comments regarding this 

proposed listing must be submitted on 

or before January 29, 2021. 

ADDRESSES: EPA has established a 

docket for this action under the Docket 

Identification number included in Table 

1 in the SUPPLEMENTARY INFORMATION

section of this document. Submit your 

comments, identified by the appropriate 

Docket ID number, by one of the 

following methods: 

• https://www.regulations.gov. 

Follow on-line instructions for 

submitting comments. Once submitted, 

comments cannot be edited or removed 

from Regulations.gov. The EPA may 

publish any comment received to its 

public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e., on the web, 

cloud, or other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

• Email: Table 2 in the 

SUPPLEMENTARY INFORMATION section of 

this document provides an email 

address to submit public comments for 

the proposed deletion action. 

Instructions: Direct your comments to 

the Docket Identification number 

included in Table 1 in the 

SUPPLEMENTARY INFORMATION section of 

this document. EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at https:// 

www.regulations.gov, 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 https://

www.regulations.gov or email. The 

https://www.regulations.gov website 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 email comment directly 

to EPA without going through https://

www.regulations.gov, your email 

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 not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

86526 Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Proposed Rules 

encryption, and be free of any defects or 

viruses. 

Docket: EPA has established a docket 

for this action under the Docket 

Identification included in Table 1 in the 

SUPPLEMENTARY INFORMATION section of 

this document. All documents in the 

docket are listed on the https://

www.regulations.gov website. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through https://

www.regulations.gov or in hard copy at 

the corresponding Regional Records 

Center. Location, address, and phone 

number of the Regional Records Center 

follows. 

Regional Records Center: 

• Region 3 (DE, DC, MD, PA, VA, 

WV), U.S. EPA Records Center, 1650 

Arch Street, Mail code 3SD2, 

Philadelphia, PA 19103; 215/814–3024. 

The EPA is temporarily suspending 

Regional Records Centers for public 

visitors to reduce the risk of 

transmitting COVID–19. Information in 

these repositories, including the 

deletion docket, has not been updated 

with hardcopy or electronic media. For 

further information and updates on EPA 

Docket Center services, please visit us 

online at https://www.epa.gov/dockets. 

The EPA continues to carefully and 

continuously monitor information from 

the Centers for Disease Control and 

Prevention (CDC), local area health 

departments, and our Federal partners 

so that we can respond rapidly as 

conditions change regarding COVID. 

FOR FURTHER INFORMATION CONTACT: 

• Huu Ngo, U.S. EPA Region 3 (DE, 

DC, MD, PA, VA, WV), ngo.huu@

epa.gov, 215/814–3187. 

• Chuck Sands, U.S. EPA 

Headquarters, sands.charles@epa.gov, 

703/603–8857. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Basis for Intended Partial Site Deletion 

I. Introduction 

EPA is issuing a Notice of Intent to 

partially delete one site from the 

National Priorities List (NPL) and 

requests public comments on this 

proposed action. The NPL constitutes 

Appendix B of 40 CFR part 300 which 

is the NCP, which EPA created under 

section 105 of the CERCLA statute of 

1980, as amended. EPA maintains the 

NPL as those sites that appear to present 

a significant risk to public health, 

welfare, or the environment. Sites on 

the NPL may be the subject of remedial 

actions financed by the Hazardous 

Substance Superfund (Fund). This 

partial deletion is proposed in 

accordance with 40 CFR 300.425(e) and 

is consistent with the Notice of Policy 

Change: Partial Deletion of Sites Listed 

on the National Priorities List. 60 FR 

55466, November 1, 1995. As described 

in 300.425(e)(3) of the NCP, a portion of 

a site deleted from the NPL remains 

eligible for Fund-financed remedial 

action if future conditions warrant such 

actions. 

EPA will accept comments on the 

proposal to partially delete this site for 

thirty (30) days after publication of this 

document in the Federal Register. 

Section II of this document explains 

the criteria for deleting sites from the 

NPL. Section III of this document 

discusses procedures that EPA is using 

for this action. Section IV of this 

document discusses the portion of the 

site proposed for deletion and 

demonstrates how it meets the deletion 

criteria, including reference documents 

with the rationale and data principally 

relied upon by the EPA to determine 

that the Superfund response is 

complete. 

II. NPL Deletion Criteria 

The NCP establishes the criteria that 

EPA uses to delete sites from the NPL. 

In accordance with 40 CFR 300.425(e), 

sites may be deleted from the NPL 

where no further response is 

appropriate. In making such a 

determination pursuant to 40 CFR 

300.425(e), EPA will consider, in 

consultation with the state, whether any 

of the following criteria have been met: 

i. Responsible parties or other persons 

have implemented all appropriate 

response actions required; 

ii. all appropriate Fund-financed 

response under CERCLA has been 

implemented, and no further response 

action by responsible parties is 

appropriate; or 

iii. the remedial investigation has 

shown that the release poses no 

significant threat to public health or the 

environment and, therefore, the taking 

of remedial measures is not appropriate. 

Pursuant to CERCLA section 121(c) 

and the NCP, EPA conducts five-year 

reviews to ensure the continued 

protectiveness of remedial actions 

where hazardous substances, pollutants, 

or contaminants remain at a site above 

levels that allow for unlimited use and 

unrestricted exposure. EPA conducts 

such five-year reviews even if a site is 

deleted from the NPL. EPA may initiate 

further action to ensure continued 

protectiveness at a deleted site if new 

information becomes available that 

indicates it is appropriate. Whenever 

there is a significant release from a site 

deleted from the NPL, the deleted site 

may be restored to the NPL without 

application of the hazard ranking 

system. 

III. Deletion Procedures 

The following procedures apply to the 

partial deletion of the site in this 

proposed rule: 

(1) EPA consulted with the respective 

state before developing this Notice of 

Intent for partial deletion. 

(2) EPA has provided the state 30 

working days for review of this 

proposed action prior to publication of 

it today. 

(3) In accordance with the criteria 

discussed above, EPA has determined 

that no further response is appropriate. 

(4) The state, through their designated 

state agency, has concurred with the 

proposed partial deletion action. 

(5) Concurrently, with the publication 

of this Notice of Intent for partial 

deletion in the Federal Register, a 

notice is being published in a major 

local newspaper of general circulation 

near the site. The newspaper announces 

the 30-day public comment period 

concerning the Notice of Intent for 

partial deletion. 

(6) The EPA placed copies of 

documents supporting the proposed 

partial deletion in the deletion docket, 

made these items available for public 

inspection, and copying at the Regional 

Records Center identified above. 

If comments are received within the 

30-day comment period on this 

document, EPA will evaluate and 

respond accordingly to the comments 

before making a final decision to 

partially delete the site. If necessary, 

EPA will prepare a Responsiveness 

Summary to address any significant 

public comments received. After the 

public comment period, if EPA 

determines it is still appropriate to 

partially delete the site, the EPA will 

publish a final Notice of Partial Deletion 

in the Federal Register. Public notices, 

public submissions and copies of the 

Responsiveness Summary, if prepared, 

will be made available to interested 

parties and included in the site 

information repositories listed above. 

Deletion of a portion of a site from the 

NPL does not itself create, alter, or 

revoke any individual’s rights or 

obligations. Deletion of a portion of a 

site from the NPL does not in any way 

Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Proposed Rules 86527 

alter EPA’s right to take enforcement 

actions, as appropriate. The NPL is 

designed primarily for informational 

purposes and to assist EPA 

management. Section 300.425(e)(3) of 

the NCP states that the deletion of a site 

from the NPL does not preclude 

eligibility for future response actions, 

should future conditions warrant such 

actions. 

IV. Basis for Partial Site Deletion 

The site to be partially deleted from 

the NPL, the location of the site, and 

docket number with information 

including reference documents with the 

rationale and data principally relied 

upon by the EPA to determine that the 

Superfund response is complete are 

specified in Table 1. The NCP permits 

activities to occur at a deleted site or 

that media or parcel of a partially 

deleted site, including operation and 

maintenance of the remedy, monitoring, 

and five-year reviews. These activities 

for the site are entered in Table 1, if 

applicable, under Footnote such that; 

1 = site has continued operation and 

maintenance of the remedy, 2 = site 

receives continued monitoring, and 3 = 

site five-year reviews are conducted. 

TABLE 1 

Site name City/county, state Type Docket No. Footnote 

North Penn—Area 6 ...................... Lansdale, PA ................................ Partial ................ EPA–HQ–SFUND–1989–0008 ..... 1, 2, 3 

Table 2 includes a description of the 

area, media or Operable Units (OUs) of 

the NPL site proposed for partial 

deletion from the NPL, and an email 

address to which public comments may 

be submitted if the commenter does not 

comment using https://

www.regulations.gov. 

TABLE 2 

Site name Media/parcels for partial deletion Email address for 

public comments 

North Penn—Area 6 ............................. 1.66-acres soil and groundwater of the Second Administrative Parcel, 135 

East Hancock Street.

Ngo.huu@epa.gov. 

EPA maintains the NPL as the list of 

sites that appear to present a significant 

risk to public health, welfare, or the 

environment. Deletion from the NPL 

does not preclude further remedial 

action. Whenever there is a significant 

release from a site deleted from the NPL, 

the deleted site may be restored to the 

NPL without application of the hazard 

ranking system. Deletion of a site from 

the NPL does not affect responsible 

party liability in the unlikely event that 

future conditions warrant further 

actions. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substances, Hazardous waste, 

Intergovernmental relations, Natural 

resources, Oil pollution, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Authority: 33 U.S.C. 1251 et seq.; 42 U.S.C. 

9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, 

2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 

3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 

FR 2923, 3 CFR, 1987 Comp., p. 193. 

Dated: December 18, 2020. 

Dana Stalcup, 

Acting Office Director, Office of Superfund 

Remediation and Technology Innovation. 

[FR Doc. 2020–28839 Filed 12–29–20; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 20–428; RM–11870; DA 20– 

1487; FRS 17346] 

Television Broadcasting Services: 

Columbia, Missouri 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Commission has before it 

a petition for rulemaking filed by The 

Curators of the University of Missouri 

(the University), licensee of KOMU–TV, 

channel 8, Columbia, Missouri, 

requesting the substitution of channel 

27 for channel 8 at Columbia in the DTV 

Table of Allotments. The University 

states that the Commission has 

recognized that VHF channels have 

certain propagation characteristics 

which may cause reception issues for 

some viewers. The University states that 

since the end of the DTV transition in 

2009, the station regularly receives 

complaints from viewers who report 

being able to receive all other signals in 

the market, including a low power 

television station operating on a UHF 

channel, but not KOMU–TV. While 

KOMU–TV’s proposed channel 27 

facility would result in a slight 

reduction of service to existing viewers, 

the University demonstrates that only 

401 people are predicted to live in 

portions of the loss area, and that all but 

seven of those persons will continue to 

be served by at least five full power 

television stations. The Commission has 

found that population loss of less than 

500 persons is de minimus and the 

predicted population loss as presented 

by the University is only 401 persons 

and virtually all of them will continue 

to be well-served by five other full 

power television stations. 

DATES: Comments must be filed on or 

before January 29, 2021 and reply 

comments on or before February 16, 

2021. 

ADDRESSES: Federal Communications 

Commission, Office of the Secretary, 45 

L Street NE, Washington, DC 20554. In 

addition to filing comments with the 

FCC, interested parties should serve 

counsel for petitioner as follows: Lauren 

Lynch Flick, Esq., Pillsbury Winthrop 

Shaw Pittman LLP, 1200 Seventeenth 

Street NW, Washington, DC 20036. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Bernstein, Media Bureau, at (202) 

418–1647; or Joyce Bernstein, Media 

Bureau, at Joyce.Bernstein@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rulemaking, MB Docket No. 

20–428; RM–11870; DA 20–1487, 

adopted December 16, 2020, and 

released December 16, 2020. The full 

text of this document is available for 

download at https://www.fcc.gov/edocs.